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Home My WebLink AboutZBOA Minutes 2007-10-30 Regular10/23/2007 ZBOA 023 State of Texas )( City of Friendswood )( Counties of GalvestonlHarris )( October 23,2007 )( Minutes of a Regular Meeting of the Friendswood Zoning Board of Adjustment that was held on Tuesday, October 23, 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 Vice Chairman Regular Member Regular Member Regular Member Alternate Member Alternate Member Alternate Member Alternate Member City Attorney Building Official Staff Liaison Greg Hughes Steve Knis David O'Brien, III Ronald Dyer Delvin Kendrick Mike Czarowitz Linda Thornton Carol Thelen Glen Grayban Bobby Gervais Frank Manigold Melinda Welsh 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 called the hearing to order to receive public input regarding seeking a variance for property located at 1520 S. Friendswood Drive, part of the Friendswood Subdivision, Galveston County, Texas, requesting variances of 10 ft. required Building Side Setback to construct a one- story retail building. Variance requests from the requirements of Appendix C, Section 7, Regulation Matrix-Commercial Districts 7.Q.3, Building Side Setback, of the Friendswood City Code. Ben Sundin, Osborn and Vane Architects, stated he is representing the owner of the property and is seeking a request for variance of lOft. setback, showed site plan, is restrictive since it tapers towards the back, showed photos, is surrounded by service drives, the building encroaching into the setbacks should cause no problem adjacent to the nearby developer, can obtain a letter of consent from the adjacent landowner saying they have no problem with them encroaching into the setback, would encroach 7.5 feet on both sides, it is clear they cannot create a building that is commercially viable with what they have. James Ngu, Director of Architecture at NewQuest Properties, stated when they bought the piece of land they thought it would be part of the whole project, architecturally they match the shopping center. Vice Chairman Knis asked if adjacent landowners are willing to give letters why were they not brought to the meeting. Mr. Ngu stated the adjacent landowners are based in Chicago and is having a hard time getting in touch with them and did not think of it until recently, has an e-mail from them. 10/23/2007 ZBOA 024 No one spoke for or against the proposed variance. Hearing no further input the Public Hearing was closed. Discussion was held among the Zoning Board members, Building Official, applicant representative and City Attorney regarding this request for a variance. Chairman Hughes asked if property owners brought a copy of the e-mail from the adjacent landowner and Mr. Ngu stated no. Ben Sundin stated the business next door is a commercial property, there is a service drive that separates them and he has not spoken to them, if they move the building over they would lose 1000 square feet. Chairman Hughes stated the northwest portion of the property has pavement, is that included in the lOft. Building Official Frank Manigold stated it starts at the edge of the ingress/egress. The property is 10 ft. away but not the pavement included with the shopping center, the adjacent business is a bank and the canopy on the bank's service drive is a few feet from the property line. Boardmember O'Brien asked why a smaller building is not viable. Ben Sundin stated he knows this area and a small building is expensive and does not do as well. The proposed building is currently 6600 sq. ft which is pretty small already and would be aligned vertically with the adjacent building, the applicant is asking for a variance because of the limitations of the lot. Vice Chairman Knis stated he has heard nothing that would make him approve and Boardmember O'Brien stated he feels the same way. Ben Sundin stated a building could be built but not sure if the applicant would if they made it smaller. Chairman Hughes stated the Board is struggling and would like to know how the neighbors feel about it and are they concerned with the business they are encroaching on, the Board has not heard from them and asked if the architecture would match the adjacent shopping center. Ben Sundin stated yes, the idea was to make it look like one development. Vice Chairman Knis stated they could ~ grant if there was an undue hardship, but has not heard that. Ben Sundin stated this lot has been empty for a while and looking to build a multi-tenant building, anything less than that would not be viable. Vice Chairman Knis stated the applicant should have prepared better for this hearing. Chairman Hughes stated they have nothing that they can hang onto that the Board could legally approve and suggested changing and bringing this before the Board again. City Attorney Bobby Gervais stated it would have to be a substantial change if they brought it before the Board again. Vice Chairman Knis made a motion to approve adoption of order approving the request regarding 1520 S. Friendswood Drive. Seconded by Boardmember Dyer. The motion failed 0-5 with all opposed. Discussion was held regarding seeking special exception authority from City Council. Vice Chairman Knis stated he would like Council to grant the Board some special exceptions and asked how they should proceed. City Attorney Gervais stated Council probably would like some proposed language. Chairman Hughes stated Council seems receptive and Vice Chairman Knis' outline is a good start to present to Council for special exceptions. Boardmember Kendrick stated his concern is if the Board were granted special exception authority it would move from a quasi-judicial to a legislative function. Vice Chairman Knis asked if the City Attorney would draft the language and the City Attorney answered yes he would and to include that in the motion. City Attorney Gervais stated he can draft something for the Board to review and approve before giving it to Council and can present it at the next meeting. Chairman Hughes asked City Attorney Gervais to draft something from what Vice Chairman Knis proposed in writing and suggested some changes and stated to keep general and brief. Boardmember O'Brien stated the Board needs to make it clear that it is not wanting to make or rewrite new laws but wanting to have some leeway as to how things fit and 10/23/2007 ZBOA 025 interpret special situations to give the Board some flexibility and wiggle room. Vice Chairman Knis stated he is concerned the Board is not making law if they change or modify a definition but are coming close to it, needs to be codified at some time. Boardmember O'Brien stated something needs to be spelled out and used the example of a past case where if a garage was considered attached or detached. Chairman Hughes stated the Board makes an annual report to City Council and part of that report the Board tells Council things happening on a recurring basis, told Council about the garage situation in the last report, the Board is not legislating, no law fits under every circumstance, the Board's decisions are not precedent-setting, can do different things with similar situations, take on a case-by-case basis. Boardmember Kendrick stated that was what he was trying to say. Boardmember O'Brien stated when people know the Board can grant special exceptions everyone will be coming before the Board for a request. Boardmember Kendrick stated exceptions tend to get you in trouble. City Attorney Gervais read parameters from another City's code as an example and suggestion. Boardmember O'Brien stated this Board is liberal because they try to do what is right and work with neighbors, have to have some wiggle room, have done it in the past but would like to have it on paper. The Board directed City Attorney Gervais to prepare special exception wording for the Board's review at the next meeting. No motion was taken regarding seeking special exception authority from City Council. A motion was made and approved to adjourn at 8:01 PM. sPur-~Greg Hughes Chairman Attest: d-- tw0(l Melinda Welsh, Deputy City Secretary ZBOA Staff Liaison