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HomeMy WebLinkAboutZBOA Minutes 2006-03-28 Regular 24 ; State of Texas )( City of Friendswood )( Counties of Galveston/Harris )( March 28,2006 )( Minutes of a regular meeting of the Friendswood Zoning Board of Adjustment that was held on Tuesday, March 28, 2006, at 7:00 PM at Friendswood City Hall Council Chambers, 910 S. Friendswood Drive, Friendswood,Texas,with the following present constituting a quorum: Chairman Ron Decker Vice Chairman David Dannemiller Regular Member David O'Brien,III Regular Member Greg Hughes Alternate Member Steve Joiner City Attorney Alison Holland Building Official Frank Manigold Staff Liaison Melinda Welsh Regular Member Ken Boggs and Alternate Members Elisabeth Wagner, Steve Knis and Ernie Kyle were absent from the meeting. Chairman Decker called the meeting to order at 7:00 PM. Chairman Decker appointed alternate member Steve Joiner as a regular voting member for this meeting. 7:00 PMā€”REGULAR SESSION Chairman Decker called the hearing to order to receive public input regarding seeking a variance for property located at 1525 and 1531 Briar Bend Drive, 19,865 square ft. of land situated in Lots 7 and 8, Block 1, Section 1 of the Briar Bend Subdivision, Galveston County, Texas to move front setback line to 16 feet to match adjacent lot setback. Variance request from the requirements of Section 7.Q.3, Garden Home District,of Appendix C of the Friendswood City Code. Peter Gorman, 522 Pine Ridge Court, stated he is the applicant and presented his case. He is a builder and developer of Briar Bend Subdivision, requesting a variance on 2 lots that are not sold yet, during initial engineering of the subdivision, setback lines were put on 2 of his corner lots that will conflict with the uniformity within the subdivision and that is the hardship presented tonight, in this Garden Home community the setback is 16 ft and the 2 lots are 35-40 ft. back, the houses on either side will be 16 ft, when it was determined that the front doors of these houses would be looking at the side of the brick walls on the adjacent lots they decided to request a variance, largely due to the uniformity, somewhat due to the back lot line is up against FM 528 and one of the requirements on back of the lots is a 10 ft. landscape buffer which is required under the city's Entryway Overlay District(EOD),which made the lot 10 ft. shorter in the back, his primary position will be for aesthetics of the subdivision, which is also the basis for the city having EOD's,to have the front set back so far on the corner lots is not desirable,would rather have the extra land in the back of the house which is the premise behind garden homes, provided a drawing showing the difference between proposed and existing lots, heard that the city recently changed one of the zones for Cluster zoning which was reduced to 40 ft., if granted the variance, one lot would be 40 ft. and the other 46 ft. across the building line which is a minimum especially if they put front entry garages since they go back a little bit further because you have to have 20 ft.from the curb. No one spoke for or against the proposed request. 246 Hearing no further input the Public Hearing was closed. Discussion was held among the Zoning Board members, Building Official and City Attorney regarding this request for a variance. The discussion included questions regarding hardship created by the unusual shape of the lots that were dictated by the right-of-way on FM 528 and the nearby creek. Chairman Decker stated he does not feel there is a hardship because they are not denying reasonable use of the land. The rules says a hardship is defined as not being able to use the land as such and there is ample room to be able to use the property as it was intended without granting the variance. **Boardmember Hughes moved to approve the variance as requested for property located at 1525 and 1531 Briar Bend Drive. Seconded by Boardmember O'Brien. The motion failed 3-2 with Chairman Decker and Vice Chairman Dannemiller opposed. **Boardmember Joiner moved to approve the minutes for the January 24,2006 meeting. Seconded by Boardmember O'Brien. The motion was approved 4-0. Vice Chairman Dannemiller abstained because he was not present at the previous ZBOA Meeting. A motion was made and approved to adjourn at 7:26 PM. Ron Decker Chairman Attest: ML4A),4se,-- LWaCia__ Melinda Welsh,Deputy City Secretary ZBOA Staff Liaison