The URL can be used to link to this page

Home My WebLink AboutZBOA Decision 07/28/1998 cc;, KrI Z.B.O.A. MEETING ON 7/28/98 ` DID AT 7: 0 0 P .M. FRIENDSWOOD ZONING BOARD OF ADJUSTMENT REQUEST FOR HEARING NAME: -=12��<<e l �4iwt�S I,. j• PHONE: `F$z -sS ?6q ADDRESS: w 0"— $U-) ADDRESS OF SUBJECT PROPERTY: 5 ( s VAL-Ayocy i3E O)A —0P- LEGAL DESCRIPTION OF PROPERTY: L-pY J� 1 j Loc 1 70E tDir0s51 -Se7c- �Kwcl' St 4$-Ooaao�85 RECORDED SUBDIVISION PROPERTY IS IN; UNDER WHAT ORDINANCE (NUMBER AND SECTION) IS APPEAL BEING MADE?: r FovZ Ds-rAc4,e L4 gcer014-s PRINTED NAME OF OWNER: �1J �rA+Z �ar d 5 •_ DESIGNATED REPRESENTATIVE: SIGNATURE OF ER: DATE: DATE & TIME RECEIVED: �✓� 0 3�8� /�j� SEEKING „„1.4A�� FOR: STAFF COMMENTS: T CITY APPROVAL: ATE: xx***xfiXXXX*xX**xXX Xx XxXXX**XxxX*XXXxx*xx***xxxxx*xxX**x**xxXXX}xRxXRx ACCEPTING APPLICATION ON BEHALF OF CITY: NAME: DATE: FEE PAID: IS 171g�y�o DISPOSITION OF CASE: � JUN APPROVED: 92 h7 § 7 FRIENDSWOOD CODE Area and height exceptions. "a. Single story unattached accessory buildings or structures less than twenty feet (201 ) in height, as measured from the adiacent grade to the highest point of any portion of such building or structure may be located in required rear yards in residential districts provided they are set back not less than five feet (51 ) from any interior side lot line twenty feet (201 ) from any side lot line adjacent to a side street and ten feet (101 ) from any rear lot line. " of ten feet, such height to be m a Ied to the lowest eave adjacent to the appli- cable side property line, (ii) t y ar located not less than ten feet from the rear pro erty line s one a di onal foo of setback for each foot in hei t o the s c ' ' excess o en et;such h 'ght o be easured to the ow t eve ad cent to the rearj,prop rty e, a h or barn,t ar pr e line�oes not adjoin'pro erty us d or res ted by ce o a reside ti 1 use. Provided finer the total c ula ve ea of all floor space of all accessory buildings and s c es on a lot s not ex ed one-half of the floor space area of the ground floc of the main building on such lot. �i3 b• • A building or structure may not exceed two (2) stories-, except buildings .e - (�^,J ; or structures located in SFR Districts may have two and one-half(2-1/2) 1_ o� i stories provided there are no living quarters located within the top one-half L (1/2) story. c. Interior siae yaras snail not ne required for abutting properties,in the same zoning district if both properties are developed as a unit under a common devel- opment 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 trans- mission towers. Supp. No. 1, Rev. CDC:38 i T0: ZBOA Members FROM: Linda Taylor UV RE: Cervelle Homes request for administrative review Cervelle Homes desires to place detached garages (which are not located in the required rear yard) only 5' from side property lines. Section 7 .Q.3. states that unattached accessory buildings may be located in the REQUIRED rear yard with minimum setbacks of 5' from any interior side lot line and 10' from any rear lot line. I have been interpreting this as follows: Any detached garage that has no portion of its slab in the required rear yard (required rear yard is 25' from the rear property line the entire width of the lot) must be setback a minimum of 10' on the side - the usual SFR side setback for an interior lot. I believe this is the correct interpretation, and such interpretation keeps unattached accessory (detached garages and storage buildings, etc. ) that are only 5' from the common property line in the required rear yards or the same distance away from a structure on an adjacent lot as required by the Regulation Matrix (10' ) . ADMINRVW/LAT38 / RESTRICTED RESERVE "C" (RESTRICTED TO LANDSCAPE PURPOSES ONLY) 0.2647 ACRES 11 ,532 Sq. Ft. .� 78.°B• Dry Ile, i" T lit 0 0. •s °j cb a& ��.� ^/ •' //® {\ ?*�' \� �J $. moo �c Jo�•/ M/� MHO ��` 0$ yh O. ' 4 $ \ e A. /� F e0/ 'oo �. % oo •s�. / a ' 0 E 2p/ ewe ! $ S�� l \ , \\ I � I � ��I IV r•�?e 8'• ' e `� O Jam,` \ ov 9 ws s 52•59'06' seg Y/� N O \ \ � \. •gyp E. ; o, o; CT� \ � h`�• 40 � � o• 2 •'` � , ZSO Cys +CT• , ,�•O° �o \ 9 40%°.sa , :\\ 5 es��• �`ya $� \ �• .�y,,� s a `�'oo . .o do Of 104 �'$• ORDINANCE NO. 95-31 AN ORDINANCE AMENDING APPENDIX C 'OF THE FRIENDSWOOD CITY CODE, SAID APPENDIX C BEING THE ZONING ORDINANCE OF THE CITY, BY DELETING ALL OF SUBPARAGRAPH a OF PARAGRAPH 3 OF SUBSECTION Q OF SECTION 7 THEREOF AND SUBSTITUTING THEREFOR A NEW SUBPARAGRAPH a; PROVIDING THAT SINGLE STORY UNATTACHED ACCESSORY BUILDINGS OR STRUCTURES LESS THAN TWENTY FEET (201) IN HEIGHT MAY BE LOCATED IN REQUIRED REAR YARDS IN RESIDENTIAL DISTRICTS PROVIDED THEY ARE SET BACK NOT LESS THAN FIVE FEET (51) FROM ANY INTERIOR SIDE LOT LINE, TWENTY FEET (201) FROM ANY SIDE LOT LINE ADJACENT TO A SIDE STREET, OR TEN FEET (101) FROM THE REAR LOT LINE; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION OF. ANY PROVISION HEREOF; AND PROVIDING FOR SEVERABILITY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE. OF TEXAS: Section 1. The Code of Ordinance of the City of Friendswood, Texas, is hereby amended by striking all subparagraph a of paragraph 3 of subsection Q of Section 7 of Appendix C thereof, which provides as follows: [a. Unattached accessory buildings or structures less than ten (101) 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. - - Notwithstanding--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 PWDV0N-APPXC.0RD%111396 4 ' 4 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. ] and substituting therefor a new subparagraph a to provide as follows: "a. Single story unattached accessory buildings or structures less than twenty feet (20") in height as measured from -the adjacent grade to the highest point of any Portion of such building or structure may be located In required rear yards in residential districts Provided they are set back not 'less than five feet (51) from any interior side lot line twenty feet (20") from any side lot line adjacent to a side street and ten feet (10") from any rear lot line. " Section 2. In the event any clause, phrase, provision, sentence, or part of this Ordinance or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other than the part . declared to be invalid or unconstitutional; and the City Council of the City of Friendswood, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, whether there be one or more parts. Section 4. Any person who shall violate any provision of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined in an amount not to exceed $2,000. Each day of violation shall constitute a separate offense. FM%ZON-MPXC.ORD1111395 -2- ne ..__ u r PASSED AND APPROVED on first - reading this 20th day of November , 1995. PASSED, APPROVED, AND ADOPTED on second and final reading this 4th day of December , 1995. Evelyn NewmAn Mayor ATTEST: - —- --- - - -- - - D lorls m6KenzfLe, 6TRMC City Secretary RMD%Z0N•AWXC.0R01111306 -3 r p Mayor HAROLD L WHITAKER City of Friendswood Couneilmembers KITTEN HAJECATE 910 South Friendswood Drive JERRY ERICSSON Friendswood,Texas 77546-4856 r�SRM�DsoNINE (281)996-3270 ALINE DICKEY MELMEASELES EXq Fax:(281)482-1634 City Manager RONALD E.COX City secretary FAX-TRANSMITTAL DELORIS McKENZID,T.R.M.0 DATE: 6/17/98 FROM THE DESK OF DELORIS MGKENZIE, CITY SEGRETARY, CITY OF FRIENDSWOOD,TEXAS. TO: KIM MICKELSON OLSON & OLSON CIO, OF PAGES FAXED INCLUDING COVER SHEET 1�- IF YOU DO NOT REGEIVE ALL OF THE PAGES ALL: 281-2_9 -3270 FAX: 28l-482-1634 MESSAGE: 1. Z.B.O.A.' MEETING ON 7/20/98 APPLICATION AND ATTACHEMENTS FOR JEFFREY P. PAYSON. PLEASE REVIEW AND ADVISE. THANK YOU, t"IESSASE CONFIRMATION 06/17/98 11:24 ID=TCI N0. MODE BOX GROUP 633 TX DrTE%TIME TIME DISTANT STATION ID PAGES RESULT ERROR PAGES S.CODE 06/17 11:22 01'12" 713 759 0342 004/004 OK 0000 DATE SCHEDULE FOR ZONING BOARD OF ADJUSTMENT NAME OF APPLICANT: CERVELLE HOMES LTD. LOCATION OF PROPERTY: 518 MEADOW BEND DR. , LOT 33 , BLOCK 1, THE FOREST S/D, SECTION I. GALVESTON COUNTY TEXAS._ REASON FOR VARIANCE: Administrative Review to place detached garages (which are not located in the required rear vard) only 5 ' from side property lines. PUBLIC HEARING DATE: 7/28/98 Application received in City Secretary's Office 06/17/98 Date set for Public Hearing 07/28/98 by Zoning Board of Adjustment Chairman Request tax office to furnish name of property 06/17/98 owners within 200 feet. Notice published in official newspaper 07/08/98 14-10 days prior to hearing) Letters mailed to property owners within 200 feet. 07/17/98 10 days prior to hearing) / /, Public Hearin Held 1��v.r/� ; �/ Decision made by the Zoning Board of Adjustment Applicant notified 281 482 5131 JUL.-20'R 8 (MON) 14:39 GERVELLE HOMES TEL:281 482 5131 P. 002 P.O.BOX 1488 FRIENDSWOOD.TEXAS 77549 712-482-5884 =,PAEETI1`d S:CHED.ULED-FOR-"JULY- 2 8; city of Friendawood 9io S. Friendswood Dr Friendswood, TX 77546 Att : Linda Thornton i would like to withdraw my Zoning Board of Adjustment application for Cervelle Custom Homes LTD regarding 518 Meadow Bend Drive Lot 331 Block 1 in The Forest Subdivision. Section 1 . Thank ,you Jeffrey P VaysOn �11619 7 27 98 cc: K.M. 11998 CC; M & CC p c�C�or Fk � ta CITY MGR M. HODGE 9 LINDA TAYLO_ Z .B.O.A. MEMBE 281 482 5131 JUL. -20' 98 (MON) 14:39 GERVELLE HOMES TEL:281 482 5131 Pr001., P.O.BOX 1488 FRIFNI)SWOOD,TSXA5 77545 713•482.5864 VAX COVERSHEET 1 , COMPANY: p"t4--Le PHONE., - .�., FAX: FROM: FAX: 281-482-5131 OPERATOR: � PAGES INCLUDING COVER PAGE . Y ' ZONING. BOARD.' OF ADJUSTMENT MEETING 7/28/98 AT 7 : 00 P .M. HAS BEEN CANCELLED APPLICANT WITHDREW REQUEST 7/28/98 'This notice was posted at all- enterances.