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HomeMy WebLinkAboutZBOA Decisions 06/23/1998 cc: K."R Z .B.O.A. MEF,TING -6/23/98 D.MC AT 7: 00 n.-NI. ' FRIENDSWOOD ZONING BOARD OF ADJUSTMENT REQUEST FOR HEARING e NAME: �t �sly Zt 1, 1 AW PHONE: 2el-el8ol::;7 r99%eJ-k3.1=0 3 90 CA) ADDRESS: /.S 6.2r ADDRESS OF SUBJECT PROPERTY: rn j� LEGAL DESCRIPTION OF PROPERTY: Su RECORDED SUBDIVISION PROPERTY IS IN: UNDER WHAT ORDINANCE (NUMBER AND SECTION) IS APPEAL BEING MADE?: G-r-r ®F 3.b, PRINTED NAME OF OWNER: DESIGNATED REPRESENTATIVE: SIGNATURE OF 0 ER: DATE: DATE & TIME RECEIVED: /Y'1�7'1'1!AI l S 7/L4 1 I✓E SEEKING V A*74__F4R_: 9g-/1L'W- T bE7,57g4, , (6 4biniAllS7-911 17Vg- !n 41)6 41l t:7t"rL 6n1 f At7e- ..P,P T v.J d r- t OA_� STAFF COMMENTS: P-"s G mer- RotlotlL-'J WeA5 At,^,ofleo 0 al l o - a--�i FV j2 a-S7dP-LI MAI P! �zDeAle& 40 0 ��T�+�r+cam ��Q 4�� �Jr77r t?-res o m L_u . Wiz; A$T r­t L 6ki2,65-)+ uv�s Ou o vT -To L► L/i Aid, C� r�5. U117► ��z �1- 7 "f �W f& r/A_ OF 601 c b W 6 V&-P4P 7jl,'0c/7- CITY APPROVAL: ATE: ACCEPTING APPLICATION ON BEHALF OF CITY: o 41?51 G / N E: DATE: FEE PAID: hXfififififi RRhRhfi*k*fihX hfififi hh Rfi*fifififi fifififi fifififiRRRfihfifi Rhfi XfiXRfih•X XRXRR **Rfih��202�30311 DISPOSITION OF CASE: 41 ��� �ti U APPROVED: v • June 2,1998 Y To the City of Friendswood Variance Committee: After carefully considering the neighborhood of Bay Oaks, Memorial, and the City of Friendswood, my family chose the City of Friendswood. The nature of the people of Friendswood and the beautiful surroundings is what attracted us to build our dream home in Friendswood. We have decided on a two-and-a-half story house, which is allowed in the City of Friendswood. Touring the neighborhood of Friendswood, we noticed many of homes are also two-and-a-half stories. The progress of our new home is forth going. Presently, the detach garage section of the home is in the process of being completed. The two drawing of both floors of the home has been approved by the City of Friendswood. Though the construction of our home is continuing, we come into disagreement with the City Officials of Friendswood dealing with the construction of the attic space. we have been told that no air conditioning and no plumbing is allowed in the attic of my dream home. According to our interpretation of the City Ordinance, two-and-a-half story homes are allowed and the third floor can not be used as living quarters, meaning no bedroom, _bathroom, or kitchen. We shall abide by that ordinance rule, that the third floor, the attic, will have n' bathroom, kitchen, or bedroom. Our only argument with the City Officials is that if air conditioning and plumbing is not allowed in the attic space, then it can not begownalized as a two-and-a-half story house. The City of Friendswood is forcing us to build a two story dream.home rather than a two-and-a-half story dream home, when in fact the City Ordinance clearly allows for two-and-a-half story homes. I will not change any building elevation of our home, and we will be greatly disappointed if our dream home is not built in the City of Friendswood. we will present our case in detail at the time of the meeting in order to make the decision of the City of Friendswood favorable to us. And we hope that Friendswood can live up to its friendly name. Since ely, Hersh and Rita Kumar GF NO. : 703-95470 EXHIBIT "A" All of Lot Four (4) , of GREENgRIAfir SECTION FIVE (5) r FINAL PLAT. an addition to the City of Friendswood, Galveston CountYr 'Texas. according to the map or plat thereof recorded in Volume 17, Page 60, of the Map Records 'of Galveston County. Texas ; SAYE AND LUEEI therefrom the following—described tract of Land: 0.34 acres of Land, being a part of Lot 4 of GREENBRIAR, SECTION FIVE• a subdivision situated in the Sarah M. McKessick or J. R. _ Wi lliams League, Abst ract 151, GaLveston County, Texas, . accordi ng to the map recorded in Volume 17, Page 60, Map Recordsp in th'e Office of the County Clerk , Galveston County, Texas, and being more particularly described by metes and bounds as foLLows: COMMENCING at the south corner of Lot 4'.. THENCE North 44 deg. 57 min,: 52 sec. West along and with the southwest line - o f Lot 4, a distance of 597.36 feet; THE14CE North 45 deg. 02 min.; 08 sec. East a distance of 144. 34 feet to a point of intersection of the existing centerline of Coward ' s Creek with the proposed centerline far the PLACE OF BEGINNING; THENCE along and with the centerline of existing Coward' s Creek with the following bearings and distances; North 22 deg.. 48 min. 21 sec . East a distance of 84.42 feet; - North 65 deg. 11 min. 30 sec ,. East a distance of 58.68 feet: - North 89 deg. 57 min. 58 sec . East a distance of 61.79 feet: South 48 deg. 58 min. 34 sec . East a distance of 33. 60 feet; South 16 deg. 46 min. 09 sec . East a distance of 90.06 feet; South 61 deg. 33 min. 01 sec. Kest a distance of 13.19 feet to the point of intersection of existing center of Coward 's Creek with the eenterLine of Proposed Coward 's Creek ; THENCE along the proposed centerLine with the arc of a 250. 0 foot radius curve to the right , a di stance of 23. 38 feet , having a central angle of 05 deg . 21 min. 34 sec. and being subtended by a chord .bearing North 71 deg. 43 min. 47 sec . Nest a distance of 23.38 feet : TI4ENCE along the arc of a 250 . 0 foot radius curve to the Left, a distance of 156.68 feet, having a central angle of 35 deg. 54 min. 27 'sic. and being subtended by a chord bearing North 87 deg. 00 min . 13 sec . West a distance of 154 .12 feet ; THENCE along the arc of 300.0 foot radius curve to the tefmia distance of 11.87 feet, having a central angle of 02 deg. n 04 sec. and being subtended by a chord bearing South 73 deg. 54 min. 32 sec. West a di st ante of 11.87 feet to the PLACE OF BEGINNING and containing 0.34 acres of -and- NOTE: The Casq;7atjy is prohibited from insuring the area or eme quantity of the l and desc ri bed herein. Any 'sof Lannt in the abo°ve Legal description of the area or quantity of but1isnmade representation that such area or quantity is correct , onLy for informational and/or identification purposes and does not override Item 2 of Schedule 13 hereof. This property oppears to be out of �+ the 100 year, flood plaln and In Insurvaue rate nap nine X, as per Map 4EI546EI000531 dated 3-23-93 4 Gy R Lot 5 � C 6 o sw4mm 499-W so9''� 4W�76 Fs. e¢sses st emTEsi s.�,�• � - 4 -Ba61s ror benAngsi assu ep es plotted Los - Distances shosn are ground distances -aR abstrvc" done by tr*L tooartnyymmrryy P.Ae � -ALL fences ere 4'3fV�riess otrrrslse ruled 0 F T ir/as '� ,gyp tsiFq I,P � 'a li.3.27+ - nu BUS e s of ridse fro,recorded f � pent unless otherels!noted JDHN F.SISSON3 ••. 6RY N4/'iTf/N 444 71aST Q1 FC36`l�'49'E-35.1t' • 2�LG2 49'4B'E-1L9S1' 1. 4 arare a EeeeP4 a34 Iu of lvwt e.tv port of lot 4C 6tbe AetW�r 3�dP32.49'l2'E-69A3` In subd.Atn 6rwreY^lar s1+ai Ret Saetkrs s ON70'54'17'E-89 79' IiravVaLL vc4re!f.PW 60 9nmNs,ii bolvestmCborow,tee State of Tea. I hereby certWy that thls survey x Made on the ©"und under 05 S46'46—A'E-94M P chamd br Nw-jh Kuar o Rlaa g— rry supervision on 1 May 1997 and at this plat represents the o6 mirn'25'V-saw feuro Leo1 IM r rru"""°°°'T.aas F is the t of the survey, nw mw•m rrat W-40an We ww+nr Q S28'IU-00'S'-A9.B4' ©S39'48'44'E-51.97' - sexr: r^'b' r,Fa7w-n479 aw.to s srwaaav cam sit A f ,s GULL r & ASSOCUTEs INC hhn F, SSssor�, FLP.I,� No. -093Q Date 0N64'00'22'E-3R06' FQ DU 2=07 7M5 00171H WW 8r�5�f H01�l A lE f , APPENDIX C—ZONING § 7 { 3. Area and height exceptions. a. Unattached accessory buildings or structures less than ten(10)feet in height may be located within required rear yards in residential districts provided(i)they are located not less than five feet from any side property line and not less than ten feet from the rear property line, and(ii)such accessory buildings or structures do not cover an area which exceeds 30 percent of the required rear yard. Notwith- standing the foregoing, garages, hangars, and barns (as defined in section 20 hereof) not exceeding 20 feet in height may be erected in required rear yards provided (i) they are located not less than five feet from any side property line plus one additional foot of setback for each foot in height of the structure in excess of ten feet, such height to be measured to the lowest eave adjacent to the applicable side property line, (ii)they are located not less than ten feet from the rear property line plus one additional foot of setback for each foot in height of the structure in excess of ten feet, such height to be measured to the lowest eave adjacent to the rear property line, and(iii)if a hangar or barn,the rear property line does not adjoin property used or restricted by this ordinance to a residential use. Provided further, the total cumulative area of all floor space of all accessory buildings and structures on a lot shall not exceed one-half of the floor space area of the ground floor of the main building on such lot. -b. A building or structure may not exceed two stories;except,buildings or structures located in SFR Districts may have two and one-half stories,provided there are no living quarters located within the top one-half story. C. Interior side yards shall not be required for abutting properties in the same zoning district if both properties are developed as a unit under a common development plan. d. When individual attached townhouses or condominiums are to be sold separately, there shall be no minimum lot area requirements provided that the total land area of the project,including the land on which the units are located and the land held in common ownership by the unit owners,is equal to the total minimum land area required per dwelling unit or lot in the district in which the project is located. e. The height regulations of this section shall not apply to belfries,chimneys,church spires, conveyors,cooling towers, elevator bulkheads,fire towers, storage towers, flagpoles, monuments, ornamental towers or spires, cranes, construction equip- ment, smokestacks, stage towers and scenery lofts, tanks, water towers, ham radio .and television antennas; [and] microwave relay, radio and television transmission towers. f. Minimum front yard setbacks for lots with predominant frontage on the curved radius of a cul-de-sac shall be 15 feet. R. Entryway Overlay Districts. 1. General purpose and description. The Entryway Overlay District(EOD)is intended to preserve the physical characteristics of the City of Friendswood along its entryways by Supp. No. 3 CDC:39 6/3/98 1 need by 6/8/98 Thant_ you Linda/CSO APPLICATION FOR BOARD OF ADJUSTMENT - PROPERTY TO BE NOTIFIED: 996-32 71 SUBJECT PROPERTY 806 Falling Leaf, ALL OF LOT 4, of GREENBRIAR, SECTION 5. OWNER OR AGENT HARSH -KUDIAR Owner Address Lot Block Addition i I I i . I I i i I I I �� (I , It i 1993 9 ECEEIVED rn �+ CITY OF Ft4(IEfgOS1NO0O �, + 6; CI T)`SE RFTARY Above are property owners within Signed 200 feet of the subject property in Tax Asses or Collector accordance with the tax records of the City of Friendswood. D.MC AT 7: 00 D.M. FRIENDSWOOD ZONING BOARD OF ADJUSTMENT REQUEST FOR HEARING �!Q,tf� NAME: 7t-Z1Gtif b& PHONE: 7 T99/� /-Gl -0 3 90 Cf�1� ADDRESS: /.�62 r .5 �o� - 2.a ) ADDRESS OF SUBJECT PROPERTY: WIJ� LEGAL DESCRIPTION OF PROPERTY: Sc. � RECORDED SUBDIVISION PROPERTY IS IN: UNDER WHAT ORDINANCE (NUMBER AND SECTION) IS APPEAL BEING MADE?: G`r-I or q. 3.b. PRINTED NAME OF OWNER: DESIGNATED REPRESENTATIVE: SIGNATURE OF 0 ER: DATE: k RR****1rRrt,lr**Y(RYr 7F*WRYER*Ytk/X 7e R14RR R1k 1f RYt 1t 7k*R RRt11tR RR'R*Yf Yr 1fRf Rf R'kR**f R f R f R RR• , DATE & TIME RECEIVED: ��oZ -Cl� /� ?c) A1)m ral[ST,e4?r✓E SEEKING VAR! i2EV1gttp "TO DE7 l�llAl& 1F• 7rf� 4Aml. isne9ij 7'1d,,-, 10 M C 4t- HA-5 1)1 443E ,� "4-0 r2- !xl !jAJ74E�e.P,Px T v.✓ d F S�z v.�/ �•Q. 3. b. STAFF COMMENTS: �G4AfS CUC,L°E RpevVev o ti.t to-g.)--k-7 a-slop-r Mpq xi R,�sL� cE A,00�1 l3 b- 7S q(Y-5 O k L 4 . -r,4 ' )�-r-r d G �4 40�S 130 I L'r 6 VT 'TO L 1 l/l AjL qz�5. W�-t►-� � �/z ��-�K 5. w iYr+vv� r4�P2a r/� p� �Or���,ca6 ��A�e-7rn�. CITY APPROVAL: ATE: RRf R Rtf Rfff*fR****R R}'RR fff RRRRf fRfyR**f(f11k NRf RRf R1,f trR RRf RR f R R R e t R f.f t R EXHIBIT "A" ALL of Lot Four We of GREENBRIAfir SECTION FIVE (5) r FINAL PLAT. an addition to the City of Friendswoodr Galveston County.- 'texas. accordi ng to the map or plat thereof recorded in Volume 17r Page � ry.n 60r of the Map Records 'of Galveston Countyr Texas : S6�CE A�tg EXCEEI therefrom the fo (lowing—described tract of Land. 0.34 acres of Landr being a part of Lot 4 of GREENBRIAR, SECTION FIVE, a subdivision situated in the Sarah M. McKessick or J. R. _ Wi Lliams Leag2.er Abst ract 151, Galveston County, .Texas, , accordi ng to the map recorded in Volume 170 Page 60, Map Recordsr in the Office of the County Clerk , Galveston County, T ex asr and being more particutarLy described by metes and bounds as fotLows: , COMMENCING at the south corner of Lot 4'.. THENCE North 44 deg. 57 minim 52 sec. West along and with the southwest line of Lot 4, a di stance of 597.36 feet: THE14CE North 45 deg. 02 min - 09 sec. East a distance of 144. 34 feet to a point of i nt ersett ion of the existing centerline of Coward ' s Creek with the,.. proposed centerline for the PLACE OF BEGINNING: THENCE along and with the centerline of existing Coward' s Creek with the following bearings and distances: North 22 deg.. 48 min. 21 sec . East a distance of 84.42 feet.' - North 65 deg. 11 min. 30 sec . East a distance of 58.68 feet: - North 89 deg. 57 min. 58 sec . East a distance of 61.79 feet: South 48 deg. 58 min. 34 sec _ East a distance of 33. 60 feet: South 16 deg. 46 min. 09 sec . East a distance of 90.06 feet; South 61 deg_ 33 min. 01 sec. West a distance of 13,19 feet to the point of intersection of existing center of Coward 's Creek with the cents-rLine of Proposed Coward 's Creek : THENCE along the proposed centerline with the arc of a 250. 0 foot radius curve to the righte a distance of 23. 38 feet , having a cent raL angle of 05 deg . 23. min. 34 sec. and being subtended by a chord bearing North 71 deg. 43 din. 47 sec . West a distance of 23.38 feet : THENCE along t he arc of a 250.0 foot radius curve to t he Left, a distance .of 156.68 feetz having a central angle of 35 deg. 54 .,min. 27 'sec. and being subtended by a chord bearing North 87 de.g. 00 min . 13 sec . Nest a distance of 154 .12 feet : THENCE along the arc of 300.0 foot radius curve to t he left n8 distance of 11. 87 feet, having a central angle of OZ Southe73 deg- S4 04 Sec. and being subtended by a chord bearing a di stance of 11.87 feet to the PLACE OF min. 32 sec. West BEGINNING and containing 0.34 acres of '-and. NOTE_ The CON�tly is prohibited from insuring the area or auanti t y .of t he Land desc ribed herein. Any statement in the above Legal description of the area quantity correct Land butiot a isnmade representation that such area or quantity on`Ly for information{L5 and/or identification identification purposes and does not override Item 2 a Thls property oppears to be out of the 100 year flood pinln and In Insurance rate nap nine %, ;1^ as per reap 48546BOOD511 dated 3-23-93 R ti Lot 3 O Od "��� a„ 4�L�4 sa•mt'E �ss3v i'� �• 4os� Fs. dit JJuu�T . ��c2 st rmTcs� ,r1fVe. a -Bads r0r benr4psi atste+ed ea Platted Lot a - Dlst4rlces shorn are prowd ektances � �B oLL obxtrac 0 F o�onppmmr►yy " -ALL fences vw 1 2jrV rviesc otFrr.lce noted OT ?i �t ohs{Fq'� y 'a'u- -Iotr>'L, 3-27f paiL•untesc8otl+er.lI@ fnoybeaneorded .TlO "FiSISSO M �+•4+' �•.e9 49M r�' �'' xa•rrn•v 4o>r {14 :. OK39'1A'49'E-3fs11' ��1K2'49'48'E-119.91' Let 4 Gkl"t E—pt.W4 A— r I pip pert of LotK p•/edllr AtttC.e 3 '49'l2'E-69A3 >n sed.Rb.ww�rar Il+el not Sectle's 7 ON70'54'17E-89.79' IttcvWA wduw 17 eG M--sim ,-wo State or Tea. I hereby certify that this survey x Wade an the ground under, O5 VIR-4659'E-94,06 my supervislon on 1 May 1997 and at this plat represents the 'ie°b" `1Oi0i a Mon K""r f is the t of the survey. �6&3O0323•V-9530 ralkV L.N nt.e F•9nM.oW.Teets Q7 S28.10'40'V-Ae.89' Two rtyt d.—lotn Title ©S39'48'44'E-51.97' sear a+ew GFJM s lr ay.N a VM3M9 .hhn F. Sissors, RP.L.S. Na. 4930 ]late Q9 N64'0022'E-3D06' RIM Bn 2=67 7M5 SO N41li0QPUT$I�Srt �HOOUMK lE PHDNC�411Q"4-6210 PAS'VM M4-040 APPLICATION FOR REZONING - PROPERTY OWNERS TO BE NOTIFIED SUBJECT PROPERTY: 806 FALLING LEAF, ALL OF LOT 4, OF GREENBRIAR, SECTION 5 OWNER or AGENT: HARSH KUMAR ACCT# LOT BLK ADDITION OWNER ADDRESS CITY R357210 1&2 (1-1) THORTON ACRES ROBERT JAMES STEVENS 10904 SCARSDALE BLVD SUITE 275 HOUSTON 1 R200431 2 (2-2) B CENTRAL PARK SUB ROBERT&JANICE STEVENS 10904 SCARSDALE BLVD -- SUITE 275 HOUSTON 1 R200437 2&4(2-1) B CENTRAL PARK SUB JAMES&MOGENE KILGORE 910 FALLING LEAF DR FRIENDSWOOD 1 R360192 2&4(2-4) B CENTRAL PARK SUB JANICE S.CALK 6108 COLINA LN AUSTIN 1 R310776 1&2 PT 4 GREENBRIAR SEC 5 WILLIAM&JENNIFER THORNTON 701 COWARDS CREEK DR FRIENDSWOOD 1 R200441 1&2 (1-1) B CENTRAL PARK SUB EDWARD G.BOYER 707 COWARDS CREEK DR FRIENDSWOOD 1 R200442 1&2 (1-2) B CENTRAL PARK SUB JOHN R. EGERTON,MD 803 COWARDS CREEK DR ✓ FRIENDSWOOD 1 R200443 1-4 (1-3) B CENTRAL PARK SUB CURTIS&DEBORAH OLMSTEAD 805 COWARDS CREEK DR ✓ FRIENDSWOOD 1 R288651 2 SHEERAN ESTATES DENNIS R.STRANGE S.L. LAMB C/O CRISTINA GUNN 14138 TALLOW POINT CT HOUSTON 1 R200625 1 C CENTRAL PARK SUB ORLANDO P.FERNANDEZ 701 FALLING LEAF DR ✓ FRIENDSWOOD 1 R312191 1 (1-2) C CENTRAL PARK SUB < DAVID GRUBER& KAREN HEUCHELIN 913 FALLING LEAF DR ` FRIENDSWOOD 1 R288650 1 SHEERAN ESTATES LORENE T.WEBB 807 FALLING LEAF DR ti'' FRIENDSWOOD 1 R200635 1 (1-1) C CENTRAL PARK SUB L.B.WRIGHT P.O. BOX 57015 �,r' WEBSTER 1 Above are property owners within 200 feet of the subject property in accordance with the tax records of the City of Friendswood. B : , �7 DATE: JUNE 8, 199 Tax Assessor Collec, Ju1V 1,998 lisp Ln 1 - C1TYOkFRIE 1 � G1�,S 11Ds�y�� � Pagel ��9�CI SECRET'ARY DATE SCHEDULE FOR ZONING BOARD OF ADJUSTMENT NAME OF APPLICANT: HARSH KUMAR LOCATION OF PROPERTY: 806 Falling Leaf REASON FOR 94D2XANb1X ADMINISTRATIVE REVIEW: TO DETERMINE IF THE ADMINISTRATIV OFFICIAL HAS MADE AN ERROR IN INTERPRETATION OF SECTION OF THE CITY OF FRIENDSWOOD CODE, APPENDIX C- ZJNING, SECT. . PUBLIC HEARING DATE: 6/2 3/9 8 Application received in City Secretary's Office 0 6/0 2/9 8 Date set for Public Hearing 0 6/2 3/9 8 by Zoning Board of Adjustment Chairman Request tax office to furnish name of property 06/03/98 owners within 200 feet. Notice published in official newspaper 0 6/10/98 14-10 days prior to hearing) Letters mailed to property owners within 200 feet. 0 6/12/98 10 days prior to hearing) Public Hearing Held Decision made by the Zoning Board of Adjustment- Applicant notified e S BOA.SCH/LST03 Regular Meeting Zoning Board of Adjustment June 23, 1998 Minutes of the Regular Meeting of the Zoning Board of Adjustment of the City of Friendswood which was held at City Hall on June 23, 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 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 appointed Thomas Rives as a voting member for this meeting. Chairman Taylor, called a public hearing to order to receive public input regarding Harsh Kumar's request for and Administrative Review for property located at 806 Falling Leaf,all of Lot 4, Section 5, Greenbriar Subdivision, Galveston County, Texas to determine if the Administrative Official has made an error in the interpretation of the City of Friendswood City Code, Appendix C-Zoning, Section 7.Q.3.b. Discussion followed with Harsh Kumar explaining the request. Discussion followed with Building Official Linda Taylor giving justification for her interpertation of a 2 1/2 story residential structure. Hearing no further input the Public Hearing was closed. Discussion followed as to Living Quarters verses Living Area. The consensus of the Board was that living quarters includes bath, sleeping, eating and living areas, a subset of these four (4) areas. * David O'Brien made a motion to grant the variance at 806 Falling Leaf, that attic living area is limited to one (1) 3/4 bathroom only for the main residence and garage. No additional plumbing in the attic area for a kitchen, etc. Seconded by Ann Talbot. Motion approved unanimously. BOA.MIN/LST03 * Ann Talbot made a mot-ion to approve the minutes from the May 26, 1998 meeting. Seconded by Hal Taylor. Motion approved unanimously. Motion was made and approved to adjourn at 7:55 p.m. . William Hal Taylor Chairman Date ATTEST: Linda S. Thornton Assistant City Secretary and B.O.A. Secretary ex cc: MH LAT Applicant KM BOA.MIN/LST03