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ZBOA Decision 01/22/1991
i w i SWp,.o City o/ c7riendswoodl .y PUBLIC WORKS BUILDING 1306 Deepwood Fiiendswood,Texas 77546 Phone:482.4438 .r I TEXpS. October 22, 1990 Mr. Paul Diephius Paul's Automotive Repair 104 E. Edgewood -- Friendswood, TX 77546 RE: Carport and sign erected without approved permits I Certified Mail Receipt #P 750 059 563 Dear Mr. Diephius: It was noted that a carport and additional wall sign have been erected at 104 E. Edgewood without approved permits for either. That constitutes violation of City of Friendswood Zoning Ordinance #84-15, Section 9., B., and Sign Ordinance #323, Subsection 6, b. Since it appears that the carport erected also violates the thirty (301) feet setback required in the Zoning Ordinance, you may have to appear before the Board of Adjustment to .seek a variance so that the carport may remain. However, you must remove the sign as only one wall sign is allowed by the Sign Ordinance. Please contact the Building Department for completion of the proper building permit and BOA application forms and remove the new additional wall sign within ten (10)---days of receipt of this notice. Failure to do so may result in the initiation of legal action against your conpany in Friendswood Municipal Court 'with possible fines of up to $1,000.00 per day per violation. If you have any questions, you may reach me or Nick Capuano, Building Official, at 482-4438. C7 OF FRIENDSWOOD Linda A. Taylor Code Enforcement Officer cc: Nick Capuano, Building Official James E. Thompson, Community Development Director CITY OF FRIENDSWOOD BUILDING PERMIT APPLICATION IMPORTANT — Complete ALL items. Mark boxes where applicable. Number an ire Subdivision I Lot 71BI o ck C ensus tract LOCATION d OF S VN S BUILDING G w side of feet U W from inters ction of IONtr•r local;,rfengruphie, politiertl, or legal subdivision i(Ictilifirnlion) II. TYPE AND COST OF BUILDING —All applicants complete Parts A — D A. TYPE OF IMPROVEMENT D. PROPOSED USE - For"Wrecking"most recent use 1 I]New building Residential Nonresidential 2 Q Addition fll residential, tenter number 12 Q One family to 0 Amusement,recreational of new housing units added,if any, in.Bar(D, 13) 13 Q Two or more family-Enter 19 Q Church, other religious 3 C;3 Alteration(See 2 above) number of units------)- 20 0 Industrial 14 0 Transient hotel, motel, 21 parking garage 40 Repair, replacement or dormitory-Enter number 5 Q Wrecking(11 multifamily residential, of units---------t 220 Service station, repair garage enter number of units in building in 15 Lo G age 23 0 Hospital, institutional Part D, 13) 16 Carport 24 Q Office, bank, professional 6�Moving(relocation)y ❑17 OCftYr&fl�l wood 250 Public utility 7 Foundation only li v Building Dept. 26[]School, library,ocher educational B.OWN ERSPITP 27 Stores,mercantile 0 rivatc(individual, corporation, ©ate 20 Tanks,towers , nonprofit institution, ctc.) 29 Other-Specify 90 Public(Federal, State,or APP. p local government) C.VALUATION (Omit cents) Nonresidential - Describe in detail proposed use of buildings,e.g.,food processing plant,machine shop, laundry building at hospital, elementary 10 Valuation of improvement . . . ... . .. . $ Q school, secondary school,college, parochial school, parking garage for To he installed but not included department store, rental office building,office building at industrial plant. in the above cost If use of existing building is being changed,enter prop ed use. a. Electrical.. . . . . . .. . ..... b. Plumbing . .. ... . .. . .... . i c. Heating,air conditioning .. . . . d.Other(elevator,etc.) 11 TOTAL VALUATION OF IMPROVEMENT b III.SELECTED CHARACTERISTICS OF BUILDING — For new Wildings -nd additions, complete Prts E�A; for wrecking, complete only Part J, (dr all o hers skip to IV. E. PRINCIPAL TYPE OF FRAME G.TYPE OF SEWAGE DISPOSAL J. DIMENSIONS 30 Q M onry(wall bearing) 40�Public or private company 40. Number of stories .. .. . . . . . 31�o tx1 frame 49. Total square feet of floor area, 4r'�"Individual (septic tank,etc.) all floors, based on exterior 32Q5 chiral steel dimensions . .. .. ... .... . . . 33 Reinforced concrete H.TYPE OF WATER SUPPLY 34 D Other-Specify 42 Q Public or private company so. Total land area,sq. ft. . . . . . . 430 Individual (well, cistern) K. NUMBER OF OFF-STREET PARKING SPACES F. PRINCIPAL TYPE OF HEATING FUEL I. TYPE OF MECHANICAL 51, Enclosed . . . . .. . . .. .. . . .. 354� s Will there be central air 52. Outdoors . . . . . . . . . . . .. . . conditioning? 36�O I L. RESIDENTIAL BUILDINGS ONLY 3�Electricity 44 Q Yes 45 WNo 53. Number of bedrooms . . . . . . .. 30�-C�a I Will there be an elevator? Full . . .:39�ther-Specify � ✓ 54, Number of 46 I]Yes 47 No bathrooms Partial IV. IDENTIFICATION —To be completed by all applicants Name Mailing address-Number, sire f, city, and State ZIP code Tel. No. I. ) 0 775-V - Owner 2. Contract r Architect The owner of this building and the undersigned agree to conform to all applicable laws of City of Friendswood. S at a of app ant - Address LLL'W-'1 Application date I&J11,14, I M e-lf"j D- DO NOT WRITE 1N THIS SPACE— FOR OFqlgtUSE Approved by Prrmil fea Oate pe.rnut issued Permit number 1 N ' FRIENDSWOOD ZONING BOARD OF ADJUSTMENT REQUEST FOR HEARING NAME ._ PHONE : ADDRESS', :-. i ADDRESS OF SUBJECT PROPERTY : LOZ71 LEGAL DESCRIPTION ( IF APPLICABLE) : IS PROPERTY IN A RECORDED SUBDIVISION? NATUR OF REQUEST: FOR WHOSE DECISION IS REQUEST BEING MADE? ZONING ADMINISTRATOR : OTHER : NAME : i UNDER WHAT ORDINANCE AND SECTION OF ORDINANCE IS APPEAL BEING MADE? ZTED N OF OW ;ER: OF DE GN E REPRESENTATIVE /tv" z.-= SIGNATURE OF NER : DATE : DATE & TIME RECEIVED : STAFF COMMENTS : ' U 2 ITY APPROVAL : DATE: 'kffi4fffff#�Eif#f#fff.ff#fffff$ff#fffffflff#?�#fff#ff#ff#fffffff#�i><'f#f# ACCEPTING APPLICATION ON BE ALF OF CITY : eo QUEi : DAT FEE PAID : pPP�tOViI� � :; t£.:S-r _ sq ..�a y,,,X z-i-' r'��;•-+ta v';T3' r .<`y y rtiF-' i� MEMO TO: Board of Adjustment Members FROM: Linda Taylor I I DATE: NovEn-ber 29, 1990 RE: Paul's Automotive site play: 1 i All dimensions (except for carport dimensions) came frcm, a recent Texas Highway Department survey of FAT 2.351. Mr. Diephius will bring photos to the December meeting. And, he has assured me he will coaply with the sign ordinance within a week, so he will not seek a variance for signs. i r r Ij 10 l a-� P(Z,,P'iL(y L r AJ FM 2_3 5 I DATE SCHEDULE FOR BOARD OF ADJUSTMENT • NAME OF APPLICANT PuL LOCATION.OF PROPERTY REASON FOP. VARIANCE I i jz '$gv PUBLIC HEARING DATE a Application received in City Secretary's Office S Date set for Public'•.Hearin 1� By Board of Adjustment Chairman Request tax office to furnish names of propert owners within 200 feet Notice published in official newspaper t� (15 days prior to hearing) Letters mailed to property owners within 200 feet. 'j (10 days prior to hearing) 1 9-0 Public Hearing held I Decision made by the Board of Adjustments Applicant notified. f 1 �v ate.. Regular Meeting Zoning Board of Adjustment January 22, 1991 Minutes of the Regular Meeting of the Zoning Board of Adjustment of the City of Friendswood which was held at City Hall on January 22, 1991 with the following members constituting a quorum: Chairman William Taylor Vice-Chairman Dr. Tom Sullivan Regular Member Mary Ellen 'Bellard Regular Member David O'Brien, III Regular Member Ann Talbot Alternate Member Howard Yeager Alternate Member Larry Seelig Building Inspector Nick Capuano Assistant to City Secretary Jane Tollett Chairman Taylor called the meeting to order. Chairman Taylor introduced Larry Seelig, as new alternate member to the Board of Adjustment. Chairman Taylor called for public input regarding request from Paul Diephius for front setback of an existing carport; at location of 104 East Edgewood. Mr. Diephius stated his carport is twelve feet from the front property line and needs an eighteen foot variance. Linda -Taylor submitted a sketch of the layout of carport in relationship to FM 2351 and the flower business he is next door to. Discussion followed at length between the board and Mr. Diephius. Chairman Taylor called for public input regarding request I from Janis Lowe for variance request from Sign Ordinance No'. - 323 ,6. 1 Signs, u: , permanent signs permitted and regulated in commercial zones (existing company flag) at location of 1414 South Friendswood Drive. Ms. Lowe stated her position is that the third flag which — bears her company logo is legal to fly on the flagpole with' the United States Flag and Texas Flag and it is not a sign and all three flags were originally permitted. The variance she believes she is requesting is that the three flags be permitted to continue to fly even though the Uniplex Flag is illegal. Discussion followed at great length between Ms. i Lowe and the Board of Adjustment. At this time, the public . hearing was closed. **Dr. Tom Sullivan made the motion to grant the variance at location of 104 East Edgewood to conduct business with the stipulation Mr. Paul Diephius does not change the way the carport is and he cannot expand. The motion was seconded by Ann Talbot. Motion failed. Dr. Tom Sullivan and Ann Talbot for the motion. Chairman William Taylor, Mary Ellen Bellard and David O'Brien against the motion. **Mary Ellen Bellard made the motion to request from City Attorney a ruling on the definition of "is a flag a sign" and table the meeting until February, 1991. David O'Brien seconded the motion. The motion was unanimous. The minutes from the meetings of August 28, 1990, September 25, 1990 and November 27, 1990 were approved as presented. Motion was made and seconded to adjourn the meeting at 8:45 pm. f Chairman Willi H. aylor Date Sig d: ATTES a tollett Assistant to City S c ary /boa.doc PAUL W. SCHRADER ♦�/ Mayor C }�. / C �,TCouncilmembers L O { 1.G) I C OOJ RON RITTER ROBERT WICKLANDER EVELYN NEWMAN 109 WILLOWICK 7131482.3323 - ED STUART x _ FRIENDSWOOD TEXAS 77546-3898 HAROLD RALEY A I A. FRANK FRANKOVICH _ RONALD E.COX City Manager DELORIS ARCHER,°CMC City Secretary January 28 , 1991 ' Mr. Paul Diephius 104 ''East Edgewood Friendswood; Texas 77546 Dear Mr. Diephius, This letter is to inform you of the decision of the ,Zoning Board of Adjustment at the 'meeting of January 22,, 1991 which was one "of denial,-' for the variance to keep your existing t installed carport at the above location. P•lease. contact Jimmy Thompson, Community Development Director for' timeframe on removal. Sincerely, to i�?Archer, MC: City Secretary DA/jt cc: Jimmy Thompson, Community Development Director . William Taylor, Chairman — Zoning Board of Adjustment