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Home My WebLink AboutZBOA Minutes 2006-08-22 Regular 247 State of Texas )( City of Friendswood )( Counties of Galveston/Harris )( August 22,2006 )( Minutes of a Regular Meeting of the Friendswood Zoning Board of Adjustment that was held on Tuesday, August 22, 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 Regular Member Greg Hughes(left at 7:05 pm) Regular Member David O'Brien,III Regular Member Steve Knis Alternate Member Elisabeth Wagner Alternate Member Mike Czarowitz City Attorney Alison Holland Building Inspector Tom Ferguson Staff Liaison Melinda Welsh Regular members Ken Boggs and Alternate members Steve Joiner and Ernie Kyle were absent from the meeting. Chairman Ron Decker called the meeting to order at 7:00 PM. 7:00 PM—REGULAR SESSION Zoning Board of Adjustment Staff Liaison Melinda Welsh administered the Oath of Office to newly appointed Alternate member Mike Czarowitz, reappointed Regular member Greg Hughes and newly appointed Regular member Steve Knis who was previously an Alternate member. **Boardmember O'Brien moved to nominate Greg Hughes as Vice Chairman for a period ending July 2008. Seconded by Boardmember Wagner. The motion was approved unanimously. At this time Vice Chairman Hughes left the meeting. Chairman Decker appointed Alternate members Elisabeth Wagner and Mike Czarowitz as Regular voting members for this meeting. Chairman Decker explained the process of the public hearing. Chairman Decker called the hearing to order to receive public input regarding seeking a variance for property located at #7 Mary's Creek Lane, situated in Lot 15, Block 1, Mary's Creek Estates Subdivision, Galveston County, Texas to extend the back porch cover to attach to the garage. Variance request from the requirements of Appendix C, Section 7, Regulation Matrix 7.Q.3, Side Setback,of the Friendswood City Code. Jeff and Michele Klump, #7 Mary's Creek Lane, stated they are the applicants and presented their case. Mr. Klump stated the property(garage) is built 5 '/z feet from the sideline. The City defines a garage 248 as detached if it either is not connected to the house or it is connected with a small breezeway, has not seen this in writing and that is the point of contention, Ms. Klump stated they spoke to Building Official Frank Manigold several times about having written rules of detached versus attached and he informed them there is not any written rules, even after making modifications to the patio it is still a detached garage therefore they would extend the patio, the existing house is considered detached because it is attached with a breezeway, Ms. Klump stated there is an existing partially covered porch and they want to extend the porch covered area. Mr. Klump stated the garage is located 21 feet from the primary house, the garage is 120 feet back from the street, is not a hardship but the reason they want to make the patio this way is from a structural standpoint they hired a structural engineer, who specializes in wind storm construction, come to look at it and read an excerpt of a letter from the engineer that states if the alternatives are to build a freestanding patio off the existing one that does not connect,which would be allowed by the City,versus tying it in as they proposed,the professional engineer's opinion was it would provide greater wind resistance because the garage is like an anchor and you tie it into the garage from a wind loading standpoint it is preferred, they are trying to increase the shaded area, daughter has had second degree burns from a barbeque pit and the doctor recommended she stay out of the sun, would give her double the amount of area to play and be protected from the sun, would like for the Board to view it as an extension of a patio rather than trying to build a home 10 feet from the property line,this change would not be visible from the street, reviewed with both adjacent neighbors and has heard no objections, would not fight if it ends here tonight but would do Plan B, there are no written City documents that defines attached versus detached, sees it as a detached garage because it is 21 feet away from his house, would give them wind protection from hurricanes or tropical storms. Chairman Decker asked if anyone else would like to speak. No one spoke for or against the proposed request. Hearing no further input the Public Hearing was closed. Discussion was held among the Zoning Board members, Building Inspector and City Attorney regarding this request for a variance. The discussion included questions regarding where the porch would be located,asked if attached garages have been defined with the Building Inspector saying no and explaining rules regarding breezeway which is a maximum width of 6 feet and detached garage cannot be closer than 5 feet to the house,Chairman Decker clarified that the side setback is not the issue other than the fact it is an attached garage and it needs to be 10 feet,Building Inspector Ferguson answered that if it does become attached it becomes part of the primary structure which,to him, would consider it to be 10 feet off of the side instead of 5 feet, Boardmember O'Brien asked City Attorney if unwritten interpretations and applications are enforceable and she responded that no, an unwritten policy or procedure that is not codified is not enforceable, in her opinion the fact that there is no definition of attached versus detached does not make a difference because, in her opinion, the term unattached speaks for itself, the extension would make it part of the primary structure, thereby violating the setback requirement, Boardmember O'Brien asked what is the difference between breezeway and patio, discussed bringing this issue before the Planning and Zoning Commission to address the difference between detached and attached garage. Ms. Klump stated that Building Official Frank Manigold has been very nice and generous with his time, have gone in circles about this because he cannot provide any documentation of rules, if they do have an attached garage because of the breezeway, the previous Building Official gave them a permit and should not have when they built it 18 months ago. Mr. Klump stated if they tried to sell gas This page was intentionally left blank . 250 their house and listed it as an attached garage, prospective buyers would wonder why they called it that. The common man would look at it as a detached garage. Chairman Decker asked the board if they had more comments. **Boardmember O'Brien moved to approve the variance as requested for property located at#7 Mary's Creek Lane because of an administrative error and can see no violation. Seconded by Boardmember Czarowitz. The motion was approved 4-1 with Boardmember Knis opposed. Boardmember O'Brien stated Building Inspectors have been put in a bad situation and this loophole needs to be made known to City Council and the Planning and Zoning Commission for clarification and Boardmembers Wagner and Czarowitz agreed. **Boardmember Wagner moved to approve the minutes for the March 28,2006 meeting. Seconded by Boardmember O'Brien. The motion was approved unanimously. Boardmember Wagner asked how they could get this issue to the Planning and Zoning Commission, discussed zoning laws that possibly need changed and how best to communicate that with Planning and Zoning Commission and the Mayor and Council. Boardmember Decker stated he would like to talk to the Mayor regarding these and will make an appointment. A motion was made and approved to adjourn at 7:53 PM. Ron Decker Chairman Attest: Melinda Welsh,Deputy City Secretary ZBOA Staff Liaison