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HomeMy WebLinkAboutZBOA Minutes 2007-12-18 Regular 12/18/2007 ZBOA 030 State of Texas )( City of Friendswood )( Counties of Galveston/Harris )( December 18,2007 )( Minutes of a Regular Meeting of the Friendswood Zoning Board of Adjustment that was held on Tuesday, December 18, 2007 at 7:00 PM at Friendswood City Hall Council Chambers, 910 S. Friendswood Drive, Friendswood, Texas,with the following present constituting a quorum: Chairman Greg Hughes Vice Chairman Steve Knis Regular Member Ronald Dyer Regular Member Delvin Kendrick Alternate Member Mike Czarowitz Alternate Member Linda Thornton Alternate Member Carol Thelen Alternate Member Glen Grayban City Attorney Bobby Gervais Building Official Frank Manigold Staff Liaison Melinda Welsh Regular member David O'Brien was absent from the meeting. Chairman Greg Hughes called the meeting to order at 7:00 PM. 7:00 PM—REGULAR SESSION Chairman Hughes explained the process for holding the public hearing. Chairman Hughes appointed alternate member Mike Czarowitz as a regular voting member for this meeting. Chairman Hughes called the hearing to order to receive public input regarding appealing the decision of the Zoning Official denying Certificate of Zoning Compliance because current use is not in Permitted Use Table for property located at 5458 Apple Blossom, situated in Lot 62, Block 1 of Wedgewood Village, Section 8, Harris County, Texas. Appeal from the decision of the Zoning Official regarding Appendix C, Section 7. P Permitted Use Table of the Friendswood City Code Sunny Stevens, property owner, stated he thought he had applied for an appeal and a variance. Chairman Hughes stated Mr. Stevens' application has the word variance crossed out and appeal written in. City Attorney Bobby Gervais stated the application says appeal and the agenda posted says appeal, action is an appeal because it involves a use, to change a use would have to rezone. Mr. Stevens asked if he could ask for a variance later, City Attorney stated no that you cannot grant a variance for land use, would have to be a rezone. Chairman Hughes stated Mr. Stevens could put the hearing off a month and request a variance and appeal next month. 12/18/2007 ZBOA 031 Sunny Stevens, Friendswood resident, stated he is the applicant, has lived there for 20 years, loves the City, believes in the City, has put funds, faith and all into this City, City Planner at the time was David Hoover who told him he could be zoned Commercial at 402 E. Edgewood, was active in attending meetings, in August of this year a City of Friendswood code enforcement officer came to his house telling him he was in violation,told he was out of compliance,had customers coming to his residence, informed code enforcer he had worked with City Planner David Hoover in the past. He stated Code Enforcement Officer John Harrist told him the reason he could not have in-home business was because it was not in his home but an accessory building. On October 19 he called to meet with the Planner and Code Enforcement Officer, wanted something in writing to say how he was not in compliance, was given something saying he was out of compliance, was violating the Permitted Use Table for Single Family Residence, feels Code Enforcement was overzealous, has been in operation since 1997. In 1998, he had a client that made a sculpture in lieu of payment and put it in his front yard, the City felt it was a sign and asked him to remove, City had no problem then with his business being there, he removed the sculpture, the City has no copies of this letter because of records retention, has a petition and some letters from neighbors in support, read some of the affidavits, is not a retail business, showed pictures to the Board and went over in detail how he was in compliance with the Friendswood City Code. Christy Suchecki, 5463 Apple Blossom, addressed the Board and stated Mr. Stevens is a good neighbor, keeps the lot beside him maintained and believes the City owns it, is an asset to the neighborhood, would not know he has a salon, this is his living, how would you like for someone to take your living away, has been there for years, everyone loves him, does not understand, thinks it is terrible,please grant him his livelihood. No one spoke against the proposed request. Hearing no further input the Public Hearing was closed. Chairman Hughes stated Mr. Stevens did not need to turn in petitions, said he believes him that they are signed. Deputy City Secretary Melinda Welsh informed Mr. Stevens he could turn the petitions in to her and she would put with his file. Chairman Hughes stated the City does not allow a personal care facility. Mr. Stevens stated this use sounds like it is taking care of homeless people which of course he is not, should be allowed as a home business, is not a personal care facility. Boardmember Dyer asked Mr. Stevens in the photos he handed out there is more than one work station in the salon and is he leasing one of the chairs. Mr. Stevens stated he did not attempt to lease one of the chairs. Boardmember Dyer asked if he sold hair products and Mr. Stevens answered no. Boardmember Dyer asked if he bought his house as a residence and Mr. Stevens answered yes. Boardmember Dyer asked if the hair salon was behind the garage and Mr. Stevens answered yes, building behind was built as an entertainment area or house for his parents. Boardmember Dyer asked how long it has been a salon in this building and Mr. Stevens said 10 years, sold his property at 402 E. Edgewood on the advice of former City Planner David Hoover, was supposed to be rezoned to Commercial to put his business there, due to water retention issues it took a year and a half, has no deed restrictions and stated that Mr. Hoover suggested he have an in-home business and that he had to do it solo and could have no signs. Vice Chair Knis asked Mr. Stevens if he kept the letter from Mr. Hoover and he answered no, he read the letter and did not keep it. Boardmember Dyer asked him again if he had attempted to lease a chair and Mr. Stevens said he could not have employees. Boardmember Dyer asked the question again 12/18/2007 ZBOA 032 and Mr. Stevens said they had to be able to live on property so never had any takers. Chairman Hughes asked if activity was in a separate building and not his home and Mr. Stevens said that was correct, Appendix C says home occupation has to be conducted in the dwelling unit, uses bathroom in the building as his pool bathroom, sleeps in the building sometimes, uses for parties. Chairman Hughes stated alterations were made to the building such as hair shampoo bowls, etc. Mr. Stevens stated he modified existing equipment. Vice Chair Knis asked if the garage was there and added on and has all the permits for the building, what did he get permits for and Mr. Stevens answered Amusement and Recreation, said he did an open records request and City had no record of it, he found the hard copies though and presented them for the Board to review. Boardmember Kendrick asked about the ad in the local phone book, is listed as a business, not listed as a Commercial number in the AT&T phone book, is there a reason he is listed as a business in Best Publishing phone book, does AT&T charge more for Commercial line and Mr. Stevens stated he never checked into it. Boardmember Kendrick stated this is personal care services and not personal care facility, was quoting wrong part of the City Code. Mr. Stevens asked if you have to have a Certificate of Zoning compliance for home occupation and Deputy Director of Community Development Frank Manigold answered yes you do. Vice Chair Knis stated he is struggling and does not usually, sees this as a business in a dwelling unit, has an ad, advertises that says Mr. Stevens leases chairs to other people, argument is good if the chair was in his house but it is in another building, this building is not a living quarter. City Attorney read to the Board the items to consider before making a decision. **Vice Chair Knis made a motion to approve adoption of order approving the request regarding 5458 Apple Blossom. Seconded by Boardmember Kendrick. The motion was denied unanimously. Chairman Hughes gave explanation as to what the appeal process is to Mr. Stevens. Boardmember Kendrick moved to approve forwarding the Zoning Board of Adjustment and Appeals recommendation to City Council on authority for special exceptions. Seconded by Vice Chair Knis. The motion was approved unanimously. Chairman Hughes asked about comments that were e-mailed, City Attorney stated he included all comments in the recommendation. Chairman Hughes asked the Board if they had any issues that needed changing in the recommendation and no member responded. Chairman Hughes stated he will make a presentation at the February Annual Report of the Zoning Board of Adjustment and Appeals to City Council, asked Vice Chair Knis to come and present the special exception presentation, invited all the Board members to attend. Deputy Director of Community Development Frank Manigold announced that his department would be taking over some parts of the Zoning Board of Adjustment and Appeals process beginning next month. **Boardmember Dyer moved to approve the minutes for the October 2 and October 23 and November 27,2007 meetings. Seconded by Boardmember Kendrick. The motion was approved unanimously.