The URL can be used to link to this page

Home My WebLink AboutZBOA Decisions 11/17/1998 c Srl/3/tiil-r�r6q) Tv a SD ��c a l 0 �l o on1 0 10-a-7-qg FRIENDSWOOD ZONING BOARD OF ADJUSTMENT f1!I TiAlC-* . REQUEST FOR HEARING ` NAME: Bill .Gray PHONE: 281 482-3004 ADDRESS: 1106 Myrtlewood, Friendswood,Tx 77546 LEGAL DESCRIPTION OF PROPERTY: Lot 6 Block 11 Longwood Park Subdivision RECORDED SUBDIVISION PROPERTY IS IN: Longwood Park UNDER WHAT ORDINANCE (NUMBER AND SECTION) IS APPEAL BEING MADE? : (1TV OF r�.t��s��.no �� , �Pn��,L c�zotir�L�, �cz7,o�l 7• Q. .� 12��c,�7,o� ,�r�7�� PRINTED NAME OF OWNER: SIGNAT REPRESENTATIVE: S NATURE OF R: DATE: DATE & TIME RECEIVED: 10-A-1-Cl ( 0',d0 ih�►'l SEEKING VARIANCE FOR: 00(70 06AI. Pet J-/+(-L/ Fm CE eaa iD Q AJ CITY APPROVAL: DATE: ACCEPTING APPLICATION ON BEHALF OF CITY: a O/Jj9p AME: DATE: FEE PAID: DISPOSITION OF CASE: APPROVED: CHAIRI DATE: / REFUSED CHAIRMAN: DATE: — -- --REASON-; - --- ---- - -----=-- - — TO: Zoning Board of Adjustment Members FROM: Linda TaylorJ,4r DATE: October 27, 1998 RE: Request for variance at 1106 Myrtlewood, Bill Gray ---------------------------------------------------------------------------- ---------------------------------------------------------------------------- Mr. Gray just recently erected a wooden privacy fence on his front property line (not behind the front building line) . He did not try to obtain an approved building permit for the fence. The building division was made aware of the fence being built by a neighbor. It was completed when the Code Enforcement Officer made his inspection. Rather than remove the fence and rebuild behind the front building line with an approved permit, Mr. Gray has opted to request a variance to leave the fence erected on the front property line. Bill Gray 1106 Myrtlewood 281482-3004 Application to the Board to grant a Variance from the Terms of the Zoning Ordinance pertaining to real property located at lot 6, block 11, in the subdivi- sion of Longwood Park, commonly known as 1106 Myrtlewood, Friendswood, Texas, by Bill Gray, owner and resident of said property. Type of Variance requested: To keep the fence and gates that have already been constructed on my property. Reasons why the variance is being requested: 1. The fence and gates were constructed mainly for the;safe y na d security of-my,/ 3_`year old son.�'Due to the lot size (smallest in the neighborhood) and proximity of the house to the street, I have a real concern about my son accidentally running off into the street and possibly into oncoming traffic. Twice since I began living here have vehicles gone off the road while trying to negotiate the curve located almost in front of my house. There is also a concern about my son being abducted and/or molested. 2. One of my next door neighbors sometimes keeps a horse on his property, and due to the flimsy construction of his property barrier, the horse could easily negotiate the simple, double barbed-wire fence. 3. There are several homes on my street that already have fences around the front of their property lines and in no way do the fences detract from the .visual aspects of this neighborhood. Due to my house being located on a curve in the street, and being the smallest sized lot in this neighborhood, in order to provide the safest and most secure environment for my son and family, I installed the fence and gates. Denial of this variance request would, I believe, constitute an unnecessary hardship on me and my family. Thank y u, Bill Gray Bill Gray 1106 Myrtlewood- 281482-3004 r Ile, MY FENCE IN FRONT OF MY HOUSE 1106 Myrtlewood _y lF k _ Q ,S 1 Bill Gray 1106 Myrtlewood- 281 482-3004 •r VI T A MY 3 YEAR OLD SON vy Y4� n ". Only 2 single strings of barbwire r L a NEXT DOOR NEIGHBOR'S (WHO KEEPS A HORSE)FENC 1108 Myrtlewood Bill GFr4y 1106 1 1 1281482-3004 •'L,. - ram_ .� �' 4 :�� ..:� vb: t r BUILTFENCES ON MY STREET, PROPERTY r-•- _a RJR :i J�.., '• �. � .. Ope coo ad .t C f• s� A to l � �7 :L - - :'''-.`'' � _ '',''�,.:; •SKr � ry ijL _. \ '•a�/ � �O V • J� •\ �� ./t� '.t, � � .' ?� i Via:. V. Ak: -� r - •/ ��` !fog ^, � •��. /' �f�� I! •_ t. ��:_.. '• _: .• - ,- -_t \ .. � - to �y l - W�. - •+..,r ..• _ _ •3. ter- . ;y !TS' A,• !/,r '�~1`SY�►�'�> ;� iJV `/,'�UIO#:: a ��j")•F�-ti•.'•�=�._. • „�!/"�/—!C't'i�.st>�• � �• • AV I re �} �. �� : rod . :.�,s •�t �. SG4.5 77-77 JqARAtS Nkk o �Nh { Pear lord Y� CO VIN - �4f� ; �R CRAEK 44 �+ �40 �lip 2�94 - / 1 lo, .\tti 9- t_ / y '�! 0-1 ' Lm�Co � Q p{ZIYE ....... . nt CITY OF FRIEMDWOOD ■■t CUSTOMER RECEIPT ■+�t DATE: 10/27/98 00 RECEIPT: 0000428 DESCRIPTION GTY AMOUNT TP TB BOARD OF ADJUSTS $25.00 CB CK BILL GRAY ZBOA FEE FOR NOVEMBER 17,1998 MEETING TIME: 11.13:03 TOTAL t•:: CHECK 5M25.00 00 . ._ TRW.Y00.;FOR YOUR PAYMENT. 1 I:L BI :. . .. •�I P..O B0X434333� .. HOUSTON TX3234 J o'Z 7 7 a P to tGe tz 1�=wigsw ov�J s ZS. ov CortleiiCd"Bank..ry etas^ For ZBOA �: L i L000�75 3�: i8 48 'i■7 5030O.i.i:6.au■ �_ . : . r CITY OF FRIENDSWOOD DATE ■� CUSTOMER EIPT RECEIPT.. 0000428 10/27/96 00 UN T T P ' TM 0 AM - Y - DE SCRIPTION I P r I OH 9T E - K - $25.0 0 CB C BOARD OF ADJUSTS - BILL GRAY ZBOA FEE FOR NOVEMBER 17,1998 ' MEETING TIME: 11:13:08 $25.00 TOTAL CHECK 525.00 AMOUNT TENDERED THANK'YOU FOR YOUR PAYMENT �1 11/17/98 Submitted. by Bill Slaton for Z.B.O.A. MEETING. Friendswood Zoning Board of Adjustment City of Friendswood 910 South Friendswood Drive Friendswood,TX 77546-4856 Regarding: Variance Request by Bill Gray 1106 Myrtlewood for wooden privacy fence Mr. Gray purchased a lot in the Longwood Subdivision too small to build a house commesurate with the neighborhood-i.e.,Lot sq.ft.,Pipeline Easement,and adjacent cemetary- Phase I Built small house 1 car garage 51 x 20 appx. 1020 sq.ft. 18 x 20-360 sq.ft. Phase II Built 2nd garage 2nd Garage Total Garages(3) 18 x 20-360 sq.ft. 56 x 24 appx 1344 sq.ft. Phase III Breezeway 12 x 16- 190 sq.ft. Phase IV Built 3rd garage 3rd Garage 18 x 20-360 sq.ft. Phase V Built Tower 2-story 18 x 20-720 sq.ft. Phase VI 6-ft. solid wood fence with 2 iron gates Total sq. ft. House 1,212 including breezeway Tower 720 Garages 1,344 During this process he built two(2)driveways with one to front door and one to 6-car garages,and concreted over '/2 of the front yard with cement. Mr. Gray stores utility trailer on pad beside garage and camping trailer on pads. Installed basketball goal,jungle gym set,picnic tables in front yard. True he has no backyard due to construction near the pipeline easement. Now the construction of the ghetto fence with iron gates, security camera and lights along with the"gun tower" does not conform to city codes. (i.e.,building set-back lines). This is not the aesthetics we want to demonstrate in Friendswood,or on Myrtlewood. Security is not a problem in our area. Myrtlewood is a"dead-end"street with a 20 mph speed limit. Mr. Gray,in his request for a variance,stated"there are several homes on my street that have fences around the front of their property." These properties referenced by Mr. Gray are not in the Longwood Subdivision,but in Friendswood Estates Subdivision which has a requirement of 2 '/2-5 acres, and may have fences per the deed restrictions. The fences installed are of the bar type fence 3 '/2-4 ft. tall,transparent and therefore meet the aethestics of the mini ranch-type properties. Please do not allow a variance.to the codes established for our city. Thank you: Bitl"Slaton 1006 Myrtewood,Friendswood,TX 77546 281-482-7688 11/17/98 Suhmitted by Bill Slaton for R.M. Thomason - in hospital for Z.B.O.A. =ING Matthew Littleton Code Enforcement Officer City of Friendswood 910 South Friendswood Dr. Re: Fence at 1106 Myrtlewood Dear Mr.Littleton: We are writing to affirm that we do not believe the homeowner at the above-named residence should receive a variance for his fence. He would not have received a permit to build this fence if he had applied for one as required by the City of Friendswood. We are sorry that this person has spent money on this fencing project,but a tall privacy fence does not belong in front of a residence. Although we do live on the outskirts of Friendswood,all the homes along Myrtlewood are open to the street and those with fences have more than two acres and even those do not have privacy fences. The fence at 1106 looks out of place. It has a"jog"in the front to circumvent a tree and the wrought-iron gates are painted a bright green color. As mentioned previously,we are sorry if this homeowner has gone to great expense to put up this fence,but it violates building code laws of Friendswood and we believe that it should be removed. Sincerely, Mr. &Mrs.R.M.Thompson 1107 Myrtlewood Dr. Friendswood,TX 77546 (281)482-5118 SUBMI= AT 11/17/98 Z.B.O.A. BOARM HHMM of1011 Z:B.O.A. MEETING M.Hodge �� Afsf6' LaA.T. N017,996i rr � November 9, 1998 �N Crry �P/ � D�FA'OS4Yoop. tiff Friendswood Zoning Board of Adjustment City of Friendswood 910 South Friendswood Drive Friendswood,Texas 77546-4856 —Attention: Linda Thornton Assistant-City Secretary -- Regarding: Variance Request By Bill Gray 1106 Myrtlewood for wooden privacy fence We live at 1107 Myrtlewood which is lot four of section ten of Longwood Park and is directly across the street from Mr. Grays property. Our home was the third house constructed in the 1100 block of Myrtlewood and we are the original owners having lived here since 1972. We have reviewed the documentation which is on file in the City Secretaries Office and wish to comment on Mr. Grays request for a Zoning Variance. We believe that the fence Mr. Gray has erected is not in keeping with the esthetics of the neighborhood and we request that the Board deny Mr. Gray a variance for this fence. Further to Mr. Grays petition: -- -- -• On being the smallest1ot-in the:-neighborhood. Mr,Gray;knew-this-when he bought the property. Mr. Gray has constantly expanded his home and garage. He has enlarged his garage twice and now has an oversize five car garage. Mr. Gray has added a two story addition to his house. Mr. Gray has added driveways to accord access to the five car garage. With these expansions Mr. Gray has consciously consumed what little yard he had for housing additions. • On other property in the neighborhood with fences in the front yard. There are several homes to the East on Myrtlewood which have fenced front yards. These are all in the `new' section of Myrtlewood which are 2-5 Acre Tracts. All of these fences are `open' i.e. rail type with two or so horizontal rails. None of them are six foot high solid cedar fences. • Although we can empathize with Mr. Grays desire to protect his son we feel that that outcome could have been achieved without building a Fort Apache type structure. Thank you for the opportunity to comment on this variance. John and Lani Sykes 1107 Myrtlewood Friendswood,Texas 77546 281 482-6739 .. � � � � � 7 �.__� APPENDIX C—ZONING § 8 Section 8. Supplementary district regulations. A. Visibility at intersections in residential districts. On a corner lot in any residential district, vegetation shall not be planted or allowed to grow in such a manner to materially impede: vision between a height-of 2Y2 feet and ten feet above -the centerline grades of the intersecting streets in the area bounded by the street lines on.such corner lots and a line joining points along said street lines 25 feet from the point of the intersection. B. Fences walls and hedges Fr t as=sided below fern Ps walls and hCdgCS arc pCrmiffed,in or aloncy the cdgc of any_r=ired yard. However no fence. wall. or hedges all be constrncted on any exterior side yard so as to ronstinite.a hazardous visual obs+*i,rtion to trAffin in any d• ction and am-. ,st conform To subsection A of this Section Additionally feTMc&s wills. mid,hedges may only be m at yards on lots adjacent to F M 528 F M 351 two (2) acres. provided that no hazardo,s visi,al obrnv ion is crcarcd and F M 518 north of F M 351 ;ind south of F M 528 or on to s Qrrater than Additionally_ fcu=MU t In installed with the finished Side facing outward. C. Accessory_ b!g4dl �s.__Excent_as car;-fi �.a1.- -32 ' r =°- ordinance, no accessory .. .. ..� ` —C _ce;essory building shall be TM` P � 1 " r �Sw�v —77 J c C �^ t"'r r� I p ; x ► district, more than one erected on a single lot, 1 dinance shall be met for 1415�6, �j C�.to a� d 11 be on a.lot adjacent to ED �1r i1�SlNccr So�,�� be so located on lots as _ �Z~7 5 and required offstreet !:11'Cuts CRLTf1Ft1 ��+ Fri&,o-ck �a t;�� •"` ��(;;;;�1,;,�,t,i„C„l,li,,,l„i!„�„��1„fl,,,,,1�11,,,1,,,f� DATE SCHEDULE FOR ZONING BOARD OF ADJUSTMENT NAME OF APPLICANT: BILL GRAY LOCATION OF PROPERTY: 1106 Myrtlewood, Lot. 6, Blk. 11, Longwood Park S/D, Galveston County, TX REASON FOR VARIANCE: erected wooden privacy fence on front property line. PUBLIC HEARING DATE: 11/17/98 Application received in City Secretary's Office 10/27/98 Date set for Public Hearing 11/17/98 by Zoning Board of Adjustment Chairman Request tax office to furnish name of property 10/27/98 owners within 200 feet. Notice published in official newspaper 11/04/9 8 14-10 days prior to hearing) Letters mailed to property owners within 200 feet. 11/06/98 10 days prior to hearing) Public Hearing Held 11/17/98 Decision made by the Zoning Board of Adjustment DENIED Applicant notified C^ S Ron..Decker-Motion'.to dexiy Gary Harris - 2nd Motion Denied Unanimously BOA.SCH/LST03 1. 96 I Al Regular Meeting Zoning Board of Adjustment November 17, 1998 Minutes of the Regular Meeting of the Zoning Board of Adjustment of the City of Friendswood which was held at City Hall on November 17, 1998 at 7:00 P.M. with the following members present constituting a quorum: Chairman William Hal Taylor Regular Member Ron Decker Regular Member David O'Brien Regular Member Ann Talbot Alternate Member Marsha Standridge Alternate Member Gary Harris Z.B.O.A. Secretary Linda Thornton Building Official Linda Taylor Members Gary Yokum, Tracy Goza, and Thomas Rives were absent. Community Development Director, Mike Hodge attended meeting. Chairman Hal Taylor called the meeting to order at 7:00 p.m. . Chairman Taylor appointed Gary Harris as a voting member for this meeting in place of Gary Yokum. Chairman Taylor, called the hearing to order to receive public input regarding Bill Gray's request for a variance for property located at 1106 Myrtlewood, Lot 6, Block 11, Longwood Park Subdivision, Galveston County, Texas, for wooden privacy fence erected on front property line. City of Friendswood Code, Appendix C-Zoning, Section 7.Q.3 . Discussion followed with Bill Gray explaining his request and two hardships: 1. small size lot; 2. safety for child. Discussion followed with Building Official Linda Taylor explaining her interpretation of the request. Bill Slaten, 1006 Myrtlewood, spoke against and submitted a letter. Bruce Koger, 1104 Myrtlewood, spoke against. Jerry Duffer, 1103 Myrtlewood, spoke against. Steve Benner, 1105 Myrtlewood, spoke against. Mr. and Mrs. R. M. Thompson, 1007 Myrtlewood, submitted letter against. John and Lani Sykes, 1107 Myrtlewood, submitted letter against. BOA.MIN/LST03 Hearing no further input the Public Hearing was closed. * Ron Decker made a motion to deny the variance at 1106 Myrtlewood, Lot 6, Block 11, Longwood Park Subdivision, based on the fact there is no perceivable hardship and that the fence is not in accordance with the building code. Seconded by Gary Harris. Motion unanimously denied. * David O'Brien made a motion to approve the minutes from the September 22, 1998 meeting. Seconded by Ann Talbot. Motion approved unanimously. * Ron Decker made a motion to approve the minutes from the November 9, 1998 meeting. Seconded by: Gary Harris Motion approved unanimously. Discussion followed regarding the November 9, 1998 Joint Workshop, regarding Zoning Ordinance issues which were, Swimming Pool Locations, Building Heights, and Sub-Standard Lot sizes. Motion was made and approved to adjourn at 7:43 p.m. . f Y C_ William Hal Taylo � Chairman 4/06/99 Date ATTEST: e�_,7 r *1 1��.,Y-Z, 1,�� Linda S. Thornton Assistant City Secretary and B.O.A. Secretary BOA.MIN/LST03