HomeMy WebLinkAboutZBOA Minutes 2005-11-15 Regular 239
State of Texas )(
City of Friendswood )(
Counties of Galveston/Harris )(
November 15, 2005 )(
Minutes of a regular meeting of the Friendswood Zoning Board Of Adjustment that was held on Tuesday,
November 15, 2005, at 7:00 PM at Friendswood City Hall Council Chambers, 910 S. Friendswood Drive,
Friendswood, Texas, with the following present constituting a quorum:
Chairman David O'Brien, III
Vice Chairman Ron Decker
Regular Member David Dannemiller
Regular Member Greg Hughes(arr. 7:28 PM)
Regular Member Ken Boggs
Alternate Member Elisabeth Wagner
Alternate Member Steve Joiner
Alternate Member Steve Knis
City Attorney Allison Holland(arr. 7:10 PM)
Building Officials Randy Mason
Frank Manigold
Staff Liaison Melinda Welsh
Alternate Member Ernie Kyle was absent from the meeting.
Chairman O'Brien called the meeting to order at 7:00 PM.
Chairman O'Brien appointed alternate member Elisabeth Wagner as a regular voting member for this
meeting.
7:00 PM—REGULAR SESSION
Chairman O'Brien stated that action would be taken later in the meeting regarding the appointment of a
Chairman and Vice Chairman for a period ending July 2006.
Chairman O'Brien called the hearing to order to receive public input regarding seeking a variance for
property located at 3860 Friendswood Link Road, Harris County, Texas, requesting a variance of Section
6.E.4 of the City of Friendswood Zoning Ordinance,regarding landscape and setback requirements.
Tony Pham, 18310 Kings Lynn, stated he is the applicant and presented his case. He further stated that
the city's landscape requirements and planned widening of Friendswood Link Road would leave him with
no parking spaces.
No one spoke for or against the proposed request.
Hearing no further input the Public Hearing was closed at 7:10 PM.
Discussion was held among the Zoning Board members, Building Official and City Attorney regarding
this request for a variance. The discussion included clarifying the landscape requirements, setbacks, the
zoning and use of the building, the proposed widening of the road and how much of the land it will take
to accomplish that goal, not approving the variance would render the building useless and the hardship for
the applicant.
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City Attorney Allison Holland stated that because the building was not in use for over 6 months that it has
lost its status as a non-conforming structure, in accordance with City ordinance. As a result, if it were to
be used for a business it would need to be brought up to code. She further.stated as she sees it, the
standard being used to justify the granting of the variance, per the recommendation from Staff, is
economic hardship. Anytime you have a non-conforming structure that has been abandoned,to bring that
structure up to code it is always going to be a hardship. She stated that the City Attorney's firm of Olson
and Olson's opinion is that granting a variance in this case is basically an exception that swallows up the
rule.
**Boardmember Dannemiller moved to approve the variance as requested for property located at 3860
Friendswood Link Road.
Seconded by Boardmember Wagner. The motion was approved unanimously.
ZBOA Staff Liaison Melinda Welsh administered the Oath of Office to reappointed regular members Ron
Decker and David O'Brien,and alternate members Steve Joiner and Elisabeth Wagner.
**Boardmember Dannemiller moved to nominate Ron Decker as Chairman for a period ending July
2006.
Seconded by Boardmember Wagner. The motion was approved unanimously.
**Boardmember O'Brien moved to nominate David Dannemiller as Vice Chairman for a period ending
July 2006.
Seconded by Boardmember Decker. The motion was approved unanimously.
**Boardmember Decker moved to approve the minutes for the April 26,2005 meeting,with corrections.
Seconded by Boardmember Dannemiller. The motion was approved unanimously.
A motion was made and approved to adjourn at 7:31 PM.
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David O'Brien
Chairman
Attest:
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Melinda Welsh,Deputy City Secretary
ZBOA Staff Liaison