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Home My WebLink AboutZBOA Decisions 05/26/1998-1410 E Winding Way 2t tea o l l o", 4IENDSWOOD ZONING BOARD OF ADJUSTMENT or- REQUEST FOR HEARING Of &044 {tit Ti id 6 NAME: O£,� .�' PHONE ADDRESS: ADDRESS OF SUBJECT PROPERTY- LEGAL DESCRIPTION OF PROPERTY: xs "� RECORDED SUBDIVISION PROPERTY IS IN; UNDER WHAT ORDINANCE ('NUMBER AND SECTION) IS APPEAL BEING MADE?: C�7-1 bF 12�L rr�S�� Col) Inc-�rl�i� Zaiil/,(tC� S�zvad '1 P S�s�IJ G . l�toLLC� � PRINTED NAME OF OWNER: Rog lIc ELLF-k DESIGNATED REPRESENTATIVE: Fe 4IGNATURE OF OWNER: DATE: k*kkWWkkk*Wk*W*kkk***kWW*W/!*kW*hW WkW WW Wk*kWWW*kkW*kWk*WkWk*W*kk**k**khk DATE & TIME RECEIVED: `Y-o - 0,0 SEEKING VARIANCE FOR: OPEEN-CIM67 A Od 601�4-6[.E Cam" s 6 Us,W bS S _Z-9 Ac 65 STAFF COMMENTS: f Gt4$117•r251) 04,Z, #b l A 0 7- 4-L-L(76JL-b PL'fZmiT��-I� (SSE T EE , fFPP�uQr� 0--7,0A11A1G , 5Sz-r�W ?. CITY APPROVAL: DATE: ACCEPTING APPLICATION ON BEHALF OF CITY: ? .�456 .. MAY 1998 0 N E: DATE: FEE (PAID: � 0/TYOF �, ��EQ 7 s 0/TrSEOR T�RYp00 R R R R R x R R R fi R fi R fi R*k fi k fi fi fi*fi h fi fi fi h R fi h fi h fi h R R R R fi R R R R fi h fi fi fi fi fi fi h R R fi R fi h k h R fi RL-I✓((x C_ DISPOSITION OF CASE APPROVED: ., CHAIRMAN: DATE: M A R K E T I May 4, 1998 Friendswood Zoning Board of Adjustment City of Friendswood 910 South Friendswood Drive Friendswood, Texas 77546 Dear Board Members: BACKGROUND AND REASON FOR REQUEST Our names are Earl L. and Susan L. Moeller. We have resided at 1410 East Winding Way in Friendswood Texas since January 1991. The property where we reside is part of a Community Shopping Center (CSC) district. We recently visited the Friendswood Planning and Zoning office to determine present zoning on property we own located at 1410 East Winding Way, Friendswood, Texas with the intent of converting our residence into a commercial enterprise. In the course of conversation, the planning director and staff inquired as to the type of business we planned to operate from this property. When we indicated that we sold embroidery supplies we were told that this type of use is"51 Wholesale Trade-Nondurable Goods" and is not permitted on property zoned CSC. We were informed that before we could go any further with our plans that we would need to make a variance request of the Zoning Board of Adjustment. We believe that the permitted use of"51 Wholesale Trade-Nondurable Goods" assigned by the Friendswood Planning and Zoning Office does not accurately reflect our business activities. We further believe that the type of business we operate more closely approximates characteristics of uses which do conform to category number 59-Miscellaneous Retail. Subcategories that appear to fit our business type include: • 5949-Sewing, needlework and piece goods stores • 599-Retail stores, not elsewhere classified • 7319-Advertising, not elsewhere classified OUR REQUEST We seek a reversal of the Plannino,and Zoning Office's denial from the Zoning Board of Adjustment and a ruling that the type of business planned for our property located at 1410 East Winding Way is within the permitted uses for a property that is zoned Community Shopping Center(CSC). MAIL:PO.BOX 1106 FRIENDSWOOD,TEXAS 77549-1106 DELIVERY:105-B S.FRIENDSWOOD DR. FRIENDSWOOD,TEXAS 77546 (281)482-4877 (800)879-2970 FAX:(281)482-4878 OUR BUSINESS Our company,Mainland Marketing, Inc. has been family owned and operated for more than five years and operated in Friendswood since April 1994. Our business is: • An established business • A family owned business - owned, operated and staffed by Friendswood residents. • A clean business • A quiet business • A reputable business in good standing with Texas' Secretary of State • A respected business • A tax paying business • A Texas Sales and Use Tax Permit holder Type of Business Mainland Marketing Inc. and Mainland Embroidery Supplies offer specialized products and services to our customers. We operate under a D.B.A. certificate as Mainland Embroidery Supplies and we sell quality embroidery supplies to end-users in the embroidery and monogramming craft and trade. Because of our contacts in the decorating business, we also sell advertising specialty and promotional items to businesses and organizations under our parent name of Mainland Marketing Inc. Our view of Mainland Embroidery Supplies is that it is a business similar to a paint supply store (Sherwin Williams) or an office supply store (Morris Office Supply). These businesses both offer specialized products in a retail environment for both individuals and businesses (contractors). For more information see the"What We Sell" and "Who We Sell To" sections below. "ALL YOUR PERSONNEL NEEDS 281-992-5888 ,�trci Nta�no is HAIR NAILS SALON a• 281.996.7002 1CT , F� l PROPERTY DESCRIPTION A TRACT OF LAND OUT OF LOT 53, VOSS SUBDIVISION, OUT OF J. R. WILLIAMS LEAGUE, A-151, GALVESTON COUNTY, TEXAS More particularly described as follows: Beginning at the Most Northerly corner of the original Lot 53 of the Voss Subdivision, said point being in the Southwest Right-of-Way line of the old Friendswood-to-League City County Road. Thence S46025'E with said Southwest Right-of-Way line of Old Friendswood-to-League City County Road a distance of 151.00' to a 3/4" iron rod. Thence S43035'W 300.00'to a 3/4" iron rod. Thence N46025'W 151.00' to a 3/4" iron rod. Thence N43 0351E 300.00' to the place of beginning, containing 1.040 Acres more or less. Also referred to as site 122 in the rezoning legend of the City of Friendswood, Texas Official Zoning District Map. Street address 1410 East Winding Way, Friendswood, Texas. Susan L. Moeller 5/5/98 ..5•. Yf w i.f �vu/ f' - i.?�•f. .�� .. ..Sr"t: ili.'. :•�� - �:'..... GaitG !'F ti •= .. .-.�.r �i;:i,;gvi:f ' "� " a ?i r `r r 129 � <ti F ��.� 72 `c o� "� F NDS }fit LESL poop QtiP S, '� 68 F EST Q� `�9 0 0 r�� C' P QJ 6 FR- o°• S 1 10 r �C6 <y '� Fq< 73 oq° 119 v �'r�o Fyn p °Q• 48 G�� °Q• I E 9 ' 12 � SFF I �• �. S� �`�� C ` 69 `v �PQOQ FIE REE 75 F E Q.• ti. S STATES ° 0 85 71 C 12 ov v T Sim W Q. sAao G"SFT pPOLLY CH ELLI o ESTATES�g os 9r` PAR �� P G °�, oQ IMSTOP o °F I EN OSS I N S F 93 �-�+° �s do C 9 Q 65 IN ti s STA q`�"off 9Fp9 �TTo c/x KATIE= A�f�gJFgf`FR ORjV 24 7 0 cs, PARK rR�IN rP F 23 50 �1 N� 13 I/owe 81 ES ING .I' %* "�� WOOD EAM �� ESTA J Jr, . ,tip C RY 9 ! '9�-FS, e'�� e P DOWN FOX m CT ME DOWS qyAq Fc��Lr OFO 45 YS E 9A�q EAGLE �q DO Fys cF o LAKES coy S� Tp"F o'` F SECT. 2 �yrTF EAGLE LAKES qt Cr `O o` DOVE CT. SECT. SC 29 AL �, FALCON n n �� oo� SECCT. F � 72 o� F NDS � LESL �000 QtiP S, 68 F EST �•..� �Q� �9 ``' oq� j<`F C' C �, 4J 6 FR' o�• S 1 10 73 .A D 9�<�P� ��P� S 'T °�z C, 12 48 ��PQ °e� S F F 4`� CS 69 �. �PQ FIE STE 75 F E ~ 85 12 ov � S EE o 0 71 C N z�' STATES S, Q� ��0 `�• Off' POLLY R CH GQ� ° pQti ELLIO Gj o °fir PAR �c' O � ESTATES � S L /�- O c� .� uSTOP cry o �� °F IEN Q q tip" etiP OSSIN F I N <rc°< °P f2 C V� �� P Q o090 65 n tiT ��s o E 90 ",b Y STA (vV v�VP V� y Q9/f G�ti "T 1 0 eUT F 9�F 9F To ti KATIE= 24 70 13 G9cy 0% ..s PAR qIR�INF ql' A PRt�F 23 50 96 81 �� oRt VE ♦ 49 �� AGL Y BU I NU ,/� �T ESTA ti �jx WOOD EAM Q .A S w FOX � PQ.vQ N C R� YS o C DO ME DOWS F Aq Fgys j F� �Po� °Rr y qy�q c�C`gf-LI - OFO E5 YSDO E �Fyl9 A�qc o EAGLE q s F LA �ooti S� To"F o� SECT. 2 yl'F qr°oF °9 e�� Io C EAGLE LAKES o jtiq cl9 O° DOVE CT. SECT. o� C 29 AL �� of o R FALCON �R 44 ,�;_ „`v oql SECT. _ h d. ;tit rig :► E r 1 7- all 15 o, 5. �► 'AV-' _ - — - ��.•�•a .I• "' w= -IDW ' What We Sell Mainland Embroidery Supplies sells: • More than 700 different colors of embroidery and bobbin thread • Various types of embroidery backing and topping stabilizers • Embroidery accessories including: needles scissors marking pens stitch erasers sprays cleaners storage units The pictures below are representative of the products that we sell. NO 1 awl * � 4 1 1 I. 1 1 _ � M TOWER HOBBIES CUSTOM SEALING IRON ATOWEq HosBIEs CUSTOM SEALING IRON f� ....N - TON►Eq 06 OL - 7 � N ..�- CJ I _. .,.. t � r A%% rk ma91C INK t j Mainland Marketing, Inc. sells advertising specialty and promotional items including: • Decorated Shirts and uniforms • Pens, magnets and other printed novelties • Decorated caps and headwear • Calendars, business cards and other printed items • Decorated drinkware The pictures below are representative of the products that we sell. GROZ-BE i r Iry AMC 1 MAINLAND MARKETING, INC. List of Advertising Specialty Customers in or near Friendswood APS - Personnel Service Bahamas Tanning Salon Bergeson Chiropractic Clinic Brookside Intermediate School Clear Creek High School Clear Brook High School Clear Lake Community Mental Health Center Dorothy Stall Realtors FHS - Athletic Dept. FHS - Mustang Band Boosters Friendswood Soccer Club Grace United Methodist Church Gruber's Bar-B-Q Confederate Air Force Blaise Guzzeta Insurance Herrera Interlocking Pavers Horizon Capital Bank Houston Telephone Jolies Riding School Landry's Seafood Restaurants/Joe's Crab Shack/Cadillac Bar Memorial Hospital SE - Gift Shop Earl Moeller - Golf Professional O'Farrel Realty Rousseau's Pest Control Six Flags Astroworld Tenerx Texas Seaport Museum - The Elissa Wings Over Houston Air Show Who We&To Mainland Embroidery Supplies sells embroidery supply products to end-users. The type of products that Mainland Embroidery Supplies sells permits them to be used on sewing machines owned by individuals and operated in their homes as well as the commercial embroidery machines operated by the commercial embroiderers and monogrammers. These individual and commercial end-users can be classified into the following categories: • Individual home sewers, embroiderers, monogrammers and crafters that use our supplies to decorate items for themselves or to resell the garments they decorate at craft shows or to friends. • Sewing groups and sewing clubs that use our supplies to decorate then resell the garments they make at a craft show or to friends. • Small to medium businesses that provide embroidery and monogramming services • Large commercial decorators that embroider and screen print garments • Many customers are women and majority of staff are women, therefore we want to locate the business in a environment that they will feel secure. That is a primary reason why the business was relocated from a high crime area in southwest Houston to Friendswood. Attached are a sample of some of our customers 4 t How We Distribute What We Sell Our products are distributed to customers through walk in pick up, local delivery service or United Parcel Service. • Our business is not a high trafficked business. Currently we have between five and ten walk- in customers per day or about 20% of our average monthly transactions are from walk-in customers. This percentage of walk-ins would be greater if we were in a location with better visibility and parking • Our average order size is $140.00. • Our average monthly number of orders is 550. • We ship on average about 20 orders a day in about 25 packages. The pictures below are representative of a day's shipping activity. wh'4 MAN.pID moKE K NC All � i 1 ", E - MW z How We Sell Mainland Embroidery Supplies and Mainland Marketing Inc. sells to: • Walk-in customers • Customers who telephone their orders in • Customers who fax their orders in • Some referrals from the Internet Most of our new customers come as referrals from existing customers. We have prided ourselves in offering the concerned friendly, customer service that used to be so easy to find, but now has become the exception rather that the rule. Basically, we treat our customers the same way we want to be treated. This treatment of our customers is probably the secret to our success. The embroidery supply products we offer can be obtained elsewhere, however, we are the only listed embroidery supply company listed in the greater Houston area. We could have located our company anywhere in the greater Houston area, however we chose to locate our business in Friendswood because we like this community, have close ties with Friendswood and because this community reflects our values and beliefs. Because we have located our business in Friendswood, we have provided a convenience and a competitive advantage to the embroiderers, monogrammers and crafters in this and surrounding communities. Dallas Texas is the next nearest source of the product lines that we offer. Customers want to buy their supplies from a local vendor. Even though Dallas is only one day away, the additional cost associated with postage and the lack of convenience is something that a customer wants to avoid. a� 6 CUSTOMERS OF MAINLAND EMBROIDERY SUPPLY * * * * * * * Liberty * t�/al r * * * Austin * * * * Jeffers alter * * * ambers * * * * n * * * W rt oria * Legend >k * Our Office * * Customers 0 Counties, USA * * Matagorda Miles 0 20 40 MAINLAND MARKETING, INC. List of a few Embroidery Supply Customers in or near Friendswood Artwear Embroidery - Friendswood Coy - Friendswood Embroidery & Monograms By Pam - Friendswood H J A Embroidery Group - Friendswood Heart's Desire Designs - Friendswood Image Design - Friendswood Pearland Ward Church of Latter Day Saints - Friendswood San Dea Enterprises - Friendswood Top Dog Tees - Friendswood Trisoft - Friendswood Western Moves - Friendswood Embroidery Images - League City Heavenly Handmades By Pat - League City Kay's Kreations - League City Mountain Trail - League City Penny M-J Designs - League City Sew Much Fun - League City Compass Signs - Pearland Crafty T's - Pearland Koza's - Pearland Maggie's Custom Embroidery - Pearland Marc One Punching - Pearland Marie's Monogramming - Pearland M & M Monogramming - Pearland The Thread Mill - Pearland Houston Embroidery Works - Clear Lake Summit Sportswear - Clear Lake Scribbles Advertising - Texas City Wizard Embroidery - Texas City And a Whole Lot More . . . . . . . . . . . .. . . . -1� Tv or eta � i— - , m<fis a ;'..'� 'MAINLAND _ MARKETING wbolesbie Embroidery Supplies 1056 RD At i all i I IDS _ y F: i - �. `-� _ �X...� � - . , -� -� .� i �:� -_� �! . � . � . �; - '- , �� , � , m � _ -� r _ i� -�: ' f � �plRMOhf l ;� .r / :1 � raj- too f T F All j-MW __ * u y SUMMARY Mainland Marketing Inc. has been: • A good citizen in the community • A provider of needed products and services • An asset to the city, citizens and businesses of Friendswood and surrounding communities Mainland Marketing Inc. is not asking for: • Any subsidies of any kind • Any tax abatements of any kind • Any special privilege in any way If approved we intend to continue be an unobtrusive member of the community including: • Maintain the ease of ingress and egress to the business • Maintain the aesthetics of the property and facility • Maintain a business that generates none to little noise By reviewing the determination made by the Planning and Zoning Office in light of the information we have presented we hope and request a change in the classification of permitted use assigned to our business by the Planning and Zoning Office. This reclassification will allow us to operate our business on our property we will enjoy the opportunity to participate in the growth of this great community. This is all we are asking. If you have any questions or require additional information please do not hesitate to contact us at (281)482-4877. Your consideration in this matter is greatly appreciated. Sincerely, Earl L. Moeller Susan L. Moeller Owner 1410 East Winding Way Owner 1410 East Winding Way Friendswood, Texas 77546 Friendswood, Texas 77546 Kathleen M. Moeller Susan L. Moeller President and Owner Vice President and Owner Main and Marke 'ng, Inc. Mainland Marketing, Inc. E. R. "Rob" Moeller Earl L. Moeller Vice President and Owner Vice President and Owner Mainland Marketing, Inc. Mainland Marketing, Inc. DATE SCHEDULE FOR ZONING BOARD OF ADJUSTMENT NAME OF APPLICANT: EARL & SUSAN MOELLER LOCATION OF PROPERTY: 1410 E. WINDING WAY, Abst. 151, Pg. 6, part of Lot 53 (53-1) ,Voss S/D, Galveston.County, TX REASON FOR VARIANCE: Operating wholesale trade-non durable goods business in CSC zone. Fwd. City Code, Appendix C-Zoning, Section 7.P.2. PUBLIC HEARING DATE: 05/26/98 Application received in City Secretary's Office 05/05/98 Date set for Public Hearing 05/26/98 by Zoning Board of Adjustment Chairman Request tax office to furnish name of property 0 5/0 5/9 8 owners within 200 feet. Notice published in official newspaper 05/06/.98 14-10 days prior to hearing) Letters mailed to property owners within 200 feet. 05/15/98 10 days prior to hearing) Public Hearing Held 05/26/98 Decision made by the Zoning Board of Adjustment APPROVED Applicant notified YES ITEM . :g.j Regular Meeting Zoning Board of Adjustment May 26, 1998 Minutes of the Regular Meeting of the Zoning Board of Adjustment of the City of Friendswood which was held at City Hall on May 26, 1998 at 7:00 P.M. with the following members present constituting a. quorum: Chairman William Hal Taylor Regular Member David O'Brien Regular Member Gary Yokum Regular'Member Ann Talbot Regular Member Ronald Decker Alternate Member Gary Harris Alternate Member Thomas Rives B:O.A. Secretary Linda Thornton Building Official Linda Taylor Chairman Hal Taylor called the meeting to order at 7:00 p.m. . Chairman Taylor, called a public hearing to order to receive public input regarding Larry Taylor's request for a variance at 1212 Winding Way, West 175' of Lot 48, Voss Subdivision, Galveston County, Texas, for a new residential building permit for structure on a- lot not adjacent to a public street or approved private street. Friendswood City Code, appendix C-Zoning, Section 8.E. Discussion followed with Larry Taylor explaining the request. Hearing no further input the Public Hearing was closed. * David O'Brien made a motion to grant the variance at 1212 Winding Way a required 120' road frontage on this one specific variance requirement pending rezoning to Single Family Residential (SFR) by the Planning and Zoning Board. Seconded by Ann Talbot. Motion approved unanimously. yA Chairman Taylor called a Public Hearing to order to receive input regarding _ Earl and Susan G. Moeller's request for a variance at 1410 E. Winding Way, :Y Abstract 151, Page 6, part of Lot 53 (53-1) Voss Subdivision, Galveston County, Texas, for operating wholesale trade-non durable goods business in in Community Shopping Center (CSC) zone. Friendswood City Code, Appendix C-Zoning, Section 7. Discussion followed with Attorney Pat Coulson representing Earl and Susan Moeller, explaining their request. Hearing no further input the Public Hearing was closed. * Gary Yokum made a motion to grant the variance at 1410 E. Winding Way as submitted, operating wholesale trade-non durable goods business in Community Shopping Center (CSC) . zone. Seconded by Ron Decker Motion approved unanimously Regular member Ron Decker, discussed a portion of Resolution No. R92-2, Rules of Procedure for the Zoning Board of Adjustment, whether are not the Board had a right to recess a meeting for a period of time and reconvene no later than 48 hours. * David O'Brien made a motion to approve the minutes from the April 28, 1'998 meeting. Seconded by Hal Taylor. Motion approved unanimously. *Sonic Drive-In, by a letter dated May 18, 1998, withdrew their application from the May 26, 1998 meeting. Motion was made and approved to adjourn at 8:15 p.:m. . William Hal Tayl r Chairman v Date ATTEST: w i da S. Thornton Assistant City Secretary and B.O.A. Secretary cc: M.H LAT Applicant