HomeMy WebLinkAboutZBOA Decisions 08/22/1989 city 01 gkodgwood
COMMUNITY DEVELOPMENT DEPARTMENT
PUBLIC WORKS BUILDING
1306 Deepwood Phone: (713)482-4438
FRIENDSWOOD, TEXAS 77546-3898
February 8, 1989
Mr. Ralph Capone 4m-P� r
Metropolitan Moving �S 7-0
906 Gemini, Suite A
Houston, Texas 77058
RE: 4211 Friendswood Link Road, Friendswood, Texas 77546
Dear Mr. Capone:
The current business operations at the above referenced property is in
violation of the City of Friendswood Zoning Ordinance #84-15, Section
7,Permitted Use Table #42.
Enclosed please find a copy of the City of Friendswood Ordinance, as
per your conversation with Duane Hengst, Comminity Development Director.
If we can be of further assistance please contact Ruth Henry or Duane
Hengst at 482-4438.
Sincerely,
Ruth P. Henry
Planning and Zoning Coordinator
Enclosure
cc: Duane Hengst
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COMMUNITY DEVELOPMENT DEPARTMENT
PUBLIC WORKS BUILDING
1306 Deepwood Phone: (713) 482-4438
FRIENDSWOOD, TEXAS 7 754 6-3898
DATE; LI
MIPLAINANT:
ADDRESS:
TELEPHONE: L( CI �C -Cf &7 6�
I/we, i .��� ��(l LC>i��T�� have personal knowledge of the
following City of Friendswood Code violation and am/are prepared
to testify to the same in Municipal Court:
(Please include the date of violation.)
ADDRESS: +
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EXPLANATION: 11(�' �� _ k c-) - 'Ct
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Signature of Complainant/Date
Before me a Notary Public in and for the State of Texas on this
day appeared T.C. McGrath known to me to be the
person whose name is subscribed above and acknowledged to me that
he/she executed the same for the purposes and consideration
therein expressed.
Given under my hand and seal of office on this 11 day of_
April 19 89 .
No Public in and for
thel8tate of Texas. -My
commission expires
December 31 , 1992
Alfreda Mills 460-46-6756
BUILDING INSPECTION CODE ENFORCEMENT ENGINEERiNG a PLANNING & ZONING
City ot gklendwood
COMMUNITY DEVELOPMENT DEPARTMENT
PUBLIC WORKS BUILDING
1306 Deepwood Phone: (713) 482-4438
FRIENDSWOOD, TEXAS 77546-3898
April 25, 1989
Mr. Ralph Capone
Metropolitan Moving and Storage
906 Gemini, Suite A
Houston, TX 77058
SUBJECT: Moving and Storage Facility located at 4211 Friendswood Link
Road, Friendswood, Texas
RE: Attached letter dated March 13, 1989
Dear Mr. Capone:
Operating a business without a Certificate of Occupancy is a
violation of City of Friendswood Ordinance 84-15, section 9, paragraph
D and can result in fines of $1,000 per day of violation.
To date I have not had any response from either you or your
attorney regarding the request in the March 13 letter. Please return
the application by May 2. Your failure to do so will result in legal
action being pursued through the Municipal Court.
If there are any problems or delays, please contact me immediately
regarding such.
Sincerely,
Duane M. Hengst, P.E.
Conrnuzity Development Director
DMH/le
ENCL: Copy of March 13 correspondence
Application for Certificate of Zoning Compliance
CC: City Manager
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COMMUNITY DEVELOPMENT DEPARTMENT
PUBLIC WORKS BUILDING
1306 Deepwood Phone,(713)482-4438
FRIENDSWOOD, TEXAS 77546-3898
March 13, 1989
Mr. Ralph Capone
Metropolitan Moving and Storage
906 Gemini, Suite A
Houston, TX 77058
Certified Mail Receipt No. P 750 054 169
Dear Mr. Capone:
Please find enclosed the application for Certificate of Zoning
Carpliance. Please fill out and return the application. Upon
receiving the application I will make a decision as to whether the
certificate should be issued or denied. If the application is denied,
you then have the option of either appealing my decision to the Zoning
Board of Adjustments or discontinuing all uses of the property that are
not permitted according to the zoning of the property.
Please fill out the application and return it within ten (10)
days of receipt. Prarpt return of the application will facilite
resolution of this matter and prevent the City from taking other
inTnediate action.
If you have any questions regarding this, please call me at
482-4438.
Sincerely,
q_—> C^-r
Duane M. Hengst
Catmunity Development Director
DMH/le CC: City Manager 64 13 51
'4-n_$, (( , I TO I grl�y�
CITY OF FRDWSWOOD
Att: Duane M. Hengst, P. E.
APPLICATION FOR CERTIFICATE OF ZONING COMPLIANCE:
FIRM NAME: Metropolitan Moving & Storage, Inc
PROPERTY IDENTIFICATION: LOT BLOCK LEGAL DESCRIPTION:
47, 132 sq. ft. . out of Reserve A, Forest Creek an addition
in Friendswood, Harris Count-r, Texas
Street/or Road Address: AKA 4209-4211 Friendswood Link Rd.
USE: Moving & Storage complex for new & used household goods
while our customers in transit. SITS
CURRENT ZONING OF THE ABOVE IDENTIFIED PROPERTY: N C
APPLYING FOR: SIGN PERMIT: YFS:NO: BUILDING PERMIT: YES:NO: BOTH:NIA
PROPERTY OWNER SIGNATURE:
Ralp Canone ,�4,6ent for Metropolitan Moving &
Storage, Inc .
PRINT NAME: Metropolitan Moving & Storage. Inc
ADDRESS! 4209-4211 Friendswood Link Rd Friendswood, Texas 77546
LESSEE SIGNATUM:
PRINT NAME: Same as above
ADDRESS:
DATE OF ISSL1 NCE: N/A `ISSUED BY:BUILDING OFFICIAL
N/A
BUILDING OFFICIAL SIGNATURE
INTERDEPARTMENTAL CORRESPONDENCE
TO: Annette A. Brand, City Manager
FROM: Duane M. Hengst, ConTmmity Development Director
DATE: May 5, 1989
SUBJECT: Red Ball Moving and Storage at 4211 Friendswood Link Road
Please find attachments excerpted from the Zoning Ordinance. These
attachments provide the definition of the N.C. (Neighborhood Commercial)
Zone, describe the use of the permitted use table, include some sheets
of applicable permitted uses (highlighted) and provides the
requirements for Certificate of Zoning Compliance. All of these items
have relevance to the stated subject. The owner of the business, Mr.
Ralph Capone, has stated that his business consists of new and used
furniture sales, furniture storage for families or businesses in
transit and storage of property obtained by the Harris County Sheriff's
Department. The property where his business is located is zoned
Neighborhood Commercial. As you can see from the attached permitted
use tables, sales of furniture would be permitted in a N.C. Zone,
however, the other uses would not be permitted. The remaining uses, I
feel, fall under permitted use #42, motor freight transportation and
warehousing.
I consider his business to fall under #42 because there simply is no
other "permitted use" under which his activities more properly fall.
As you can see from the permitted use table, all of the current
activities cannot, under any circumstances, exist in an N.C. Zone. The
violation though, is lack of obtaining a Certificate of Zoning
Con pliance as required by the Zoning Ordinance.
I have sent him letters asking him to fill-out an application and to
return it to me. The first letter was sent on March 13, 1989, to date
the application has still not been returned. If he were to return the
application, I could then make a final decision as to whether his
business is allowable in a N. C. Zone. If it is not, he would then go
to the Board of Adjustments for review. -If the Board of Adjustments
were to overturn my ruling, his business would be allowed to operate
and a Certificate of Zoning Compliance would be issued. If the Board
of Adustments upheld my position he would then have to discontinue all
uses of the property that did not conform to the permitted use tables
in the Zoning Ordinance. I have currently begun procedures to file a
compliant against Mr. Capone for failing to obtain a Certificate of
Zoning Compliance.
If you have any questions regarding this or want more information,
please let me know.
-
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SECTION 10. BOARD OF ADJUSTMENT - ESTABLISHMENT AND PROCEDURE
A Board of Adjustment is hereby established, which shall consist of five members ;;l
and four (4) alternates to be appointed by the City Council, each for a term of two
(2) years. Members and alternates of the Board of Adjustment may be removed
from office by the City Council when absent from two consecutive meetings
without an excuse or for cause upon written charges and after public hearing.
Vacancies shall be filled by the City Council for the unexpired term of the member
affected.
A. Proceedings of the Board of Adjustment. The Board of Adjustment shall
adopt rules necessary to the conduct of its affairs, elect a chairman and an
acting chairman, and in keeping with the provisions of this ordinance.
Meetings shall be held at the call of the Chairman and at such other times as
the Board may determine. The Chairman or in his absence, the acting
Chairman, may administer oaths and compel the attendance of witnesses. All
meetings shall be open to the public.
The Board of Adjustment shall keep minutes of its proceedings, showing the
vote of each member upon each question, or if absent or failing to vote
indicating such fact, and shall keep records of its examinations and all of
which shall be immediately filed in the office of the Board and shall be public
record.
B. Hearings, Appeals, and Notices. Appeals to the Board of Adjustment
1� concerning interpretation or administration of this ordinance may be taken by
/„ Q J any person aggrieved or by an officer, department, board, or bureau of the
City affected by the decision of the Administrative Official. Such appeals
shall be taken within a reasonable time, not to exceed forty-five (45) days, by
filing with the officer from whom the appeal is taken and with the Board of
Adjustment a notice of appeal specifying the grounds thereof . The .officer
from ,Whom theap-, p-, aiA is'to en s'ha1�l forthVwith;ftransrimit .to; the.Board all the-
^( Xt ,L: i. F,";t
N papers constituting the record _upon,which--the--action-appealed from-was
taken.-
D
C. Notification and Hearing Process. Any request for an appeal, variance or
O N S special exception shall require a public hearing before the Board. A written
notice of the hearing shall be sent to owners of property situated within two
�Q hundred (200) feet of the exterior boundary of the property with respect to
`� US which such appeal, variance or exception is requested 10 days prior to public
hearing. It shall be sufficient that such written notice is addressed to the
owner appearing on the most current tax roll of the City and addressed to
I �S such owner at the address stated on said roll. If no owner is stated on the tax
I� roll, or no address appears thereon, the written notice to such property owner
shall not be required. The City Council and Planning and Zoning Commission
shall be informed of any hearing for an appeal, variance or special exception
of the zoning or sign ordinance. A processing fee as described in Section IC
shall be paid to the City in advance of the hearing. In the event the
�T application is withdrawn prior to the mailing of the required written� ��1`� notification or publication in the official newspaper, the fee shall be�
refunded.
48
consistent with the purpose and description of the zoning district,
compatible with the permitted uses in the district, and being similar in
traffic-generating capacity, noise, vibration, dust, odor, glare and heat
producing characteristics.
4. Accessory Use: A use which is customarily incidental to that of the
primary existing use, which is located on the sarne lot or premise and
primary existing use, and which has the same zoning district
classification shall be permitted as an accessory use without being
separately listed as a permitted use.
5. Standard Industrial Classification (SIC) Group Numbers: The group
descriptions in the (1972) Standard Industrial Classification Manual
prepared by the Statistical Policy Division for the United States Office
of Management and Budget shall be used to determine the classification
of primary uses when reference is made in the tables to a designated
Standard Industrial Classification (SIC) group number.
i7
Office uses permitted in this district shall not exceed thirty (30)
percent of the gross floor area of the shopping center. A Specific Use
Permit for a shopping center as a particular use is required before any
building permit or certificate of occupancy may be issued in this
district.
G. (C-2) NC - Neighborhood Commercial District, General Purpose and
Description. The NC, Neighborhood Commercial District, is primarily
intended for retail sale of convenience goods or personal services primarily
for persons residing in adjacent residential areas. It also includes selected
retail and service uses that are similar in land use intensity and physical
impact to the neighborhood retail sales and service uses permitted in this
district. Because the retail and personal service uses permitted may be an
integral part of the neighborhood, closely associated with the residential,
religious, recreational and educational uses in the neighborhood, more
restrictive requirements for light, air, open space, landscaping, and off-street
parking are made than are provided in other commercial districts. The NC,
Neighborhood Commercial District, is located on the periphery of the
residential neighborhood on a major street. Development of a Neighborhood
Commercial District requires approval of a development site plan by the City
Councilafter recommendation from the Planning and Zoning Commission.
1. Area and Height Regulations: Area and height regulations in an NC,
Neighborhood Commercial District, are set forth in Section 7-0.2,
Regulation Matrix.
2. See Section 8 for Supplementary District Regulations.
3. See Section 9 for Temporary Certificate of Zoning Compliance that
may be granted by the Administrative Official and Specific Use Permits
that may be recommended by the Planning and Zoning Commission
within the NC District under certain circumstances and conditions.
4. Permitted Uses: Uses permitted in an NC, Neighborhood Commercial
District, are set forth in Section 7-P, Permitted Use Table. The
commercial, retail and service uses permitted in this district shall not
exceed four thousand (4,000) square feet in gross floor area for any lot
or premises.
H. (C-3) OP - Office Park, General Purpose and Description. This district is
intended to encourage and permit general professional and business offices of
high site quality and appearance in attractive landscaped surroundings with
the types of uses, and design exterior appearance so controlled as to maintain
the integrity, and be generally compatible with existing and future adjacent
and surrounding single-family or multiple-family development. This district
should generally be located in areas abutting arterial and/or collector streets
which are, because of location and trends, suitable for development of office
uses that are compatible with residential uses thereby maintaining the
character and integrity of existing and developing neighborhoods. This
district is also ideally located in transitional areas between commercial and
residential development which is adaptable to occupancy by certain office
uses. The ultimate development must provide a low intensity of land usage
and site coverage to enable the site to retain its park-like image for the
residential neighborhoods nearby and for the tenants that seek pleasantly
landscaped surroundings. Development of an Office Park District requires
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, flag poles, monuments,
ornamental, towers or spires, cranes, construction equipment,
smoke stacks, stage towers and scenery lofts, tanks, water
towers, ham radio and television antennas, 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 fifteen (15) feet.
ec of, �. P. Permitted Uses.
1. Use of Land and Buildings: Buildings, structures, land or premises shall
be used only in accordance with the uses specifically permitted in the
zoning district classification for the site subject to compliance with
parking regulations, height and area requirements, "Special Conditions"
and all other requirements of the Zoning Ordinance.
2. Permitted Use Table: The permitted uses in each specific zoning
district are shown by means of symbols in the permitted use tables on
the following pages. The letter "P" in the zoning district column
opposite the listed permitted use means the use is permitted as a use of
right in that district subject to (1) providing of off-street parking the
amounts required by reference to the "Parking Group" column, and (2)
subject to compliance with all of the requirements specified in the
section or sections whose number appears in the "Special Conditions"
column opposite the permitted use. The letter "S" in the zoning district
column opposite the permitted use means the use is permitted in that
zoning district only after (1) providing off-street parking in the amounts
required by reference to the "Parking Group" column, (2) subject to
compliance with all of the requirements specified in the section or
sections whose number appears in the "Special Conditions" column
opposite the permitted use, (3) obtaining a Special Use Permit as set
forth in Section 9-G. No primary use shall be permitted in any district
other than a use shown in the following tables and no primary use shall
be permitted in any district unless the letter "P" or the letter "S"
appears opposite the listed permitted use. The letter "O" in the OP
zoning district means that the permitted use is for office functions
only. Parking requirements are in Section 8-F.
3. Uses Not Listed: Primary uses not listed in the Permitted Use Table
may be permitted in any district where similar uses are permitted. The
function and locational requirements of the unlisted use must be
Section 7-P, Permitted Use Table �t
Permitted Uses o o a
36 Electrical and Electronic Machinery,
Equipment and Supplies O S P P 7
37 Transportation Equipment O S S P 7
38 Measuring, Analyzing, and Controlling
Instruments; Photographic Medical
and Optical Goods; Watches and
Clocks P S O P S P P P 7
39 Miscellaneous Manufacturing
Industries O S P P 7
40 Railroad Transportation O S P 7
41 Local and Suburban Transit and
Interurban Highway Passenger
Transportation S S O S S S I S S
42 Motor Freight Transportation and
Warehousing O S S P 20
43 U.S. Postal Service P P O P P P P 7
44 Water Transportation
45 Transportation By Air O
46 Pipe Lines, Except Natural Gas S P P P P P P O P S P P P P
47 Transportation Services S S O 5 P P P 7
48 Communication P S S P S S P P 7
49 Electric, Gas and Sanitary
Service P S O P S P P P 7
50 Wholesale Trade - Durable Goods O P S P P P 8
51 Wholesale Trade.- Nondurable
Goods O P S P P P 8
52 Building Materials, Hardware,
Garden Supply Dealers
(except as noted below) P P O P S P P P
521 Lumber and Other Building
%Aaterial Dealers P 0 P S 5 P P 8
Section 7-P, Permitted Use Table ) �`
Permitted Uses —
60 Banking and Drive-In Banking p p p p S p p P 14a
Facilities i
61 Credit Agencies Other Than Banks P P O P S P P :! l' 14
�I
62 Security and Commodity Brokers, 14
Dealers, Exchanges and Services P P O P S P P '� 1' '
Insurance P P O P S P P i� P 14
63
64 Insurance Agents, Brokers and 'I
Service P P O P S P P P 14
65 Real Estate P P O P S P P Ii P 14
6553 Cemetary Development/Operations S S O S S S S S S
66 Combinations of Real Estate, P P P P S P p p 14
Insurance, Loans, Law Offices
67 Holding and Other Investment p p p p S p p p 14
Offices
70 Heels, Rooming Houses, Camps,
and Other Lodging Places
701 Hotels, Motels and Tourist Camps S O S S S S
702 R coming and Boarding H euses
703 Camps and Trailering Parks S S
704 Organization Hotels and Lodging
Houses on a Membership Basis P P P S O S
72 Personal Services 14
7211 Power Laundries P P O P S P P P
7212 Garment Pressing and Agents for
Laundries and Dry Cleaning P P O P S P PIP 14
7213 Linen Supply S S O S S P P 7
7214 Diaper Service S S O S S P P 7
7215 Coin-operated Laundries and
Dry Cleaning P P O P S P P P 39
7216 Dry Cleaning Plants S S O S S S P P 7
7217 Carpet and Upholstery Cleaning S S O S S S P ; P 1 7
7218 Industrial Launderers S S O S S S P { P 7
7219 Laundry and Garment Services,
Not Elsewhere Classified P P O P S P P P 14
722 Photographic Studios, P crtrait P P O P S P P P 14
723 3eauty Shops P P P P S P P P 14
724 Barber Shops P P P P S P P P 14
725 Shoe Repair Shops, Shoe Shine
Parlors and Hat Cleaning Shops P P O P S P P P 13
726 Funeral Service and Crematories S . S O P S S pP P 2�
%27 I�ntal Storage of IterLs S
2oa s , Autos, Etc.
rl
Section 7-P, Permitted Use Table 0 :f IF
DO- Coca
Permitted Uses
729 Miscellaneous Personal Services P P O P S P P P 14
73 Business Services
7311 Advertising Agencies P P O P S P P P 14
7312 Outdoor Advertising Services P P O P S P P P 14
Advertising Signs S S O S S S S S
7313 Radio, Television and Publishers
Advertising Representatives P P O P S P P P 7
7 319 Advertising, Not Elsewhere
Classif ied P P O P S P P P 14
732 Consumer Credit Reporting Agencies,
Mercantile Reporting Agencies
and Adjustment and Collection
Agencies P P O P S P P P 14
733 Mailing, Reproduction, Commercial
Art and Photography, and
Stenographic Services P P O P S P P P 14
734 Services to Dwellings and Other
Buildings P S O P S P P P 7
735 News Syndicates P P O P S P P P 7
736 Personnel Supply Services P P O P S P P P 14
737 Computer and Data Processing
Services P P O P S P P P 7
739 Miscellaneous Business Services
(except as noted below) P P O P S P P P 14
7391 Research and Development
Laboratories S O P S P P P 7
7392 Management, Consulting and
Public Relations Services P P O P S P P P 14
7399 Business Services, Not Elsewhere
Classified (of a general
office character) P P O P S P P P 14
75 Automotive Repair, Services and
Garages
751 Automobile Rental and Leasing S S O P S P P P 24
752 Automobile Parking P O P S P P P
7531 T cp and Interior Repair Shops O P S P P 19
7531 Body Repair Shops O P S P P 19
7534 Tire Retreading Shops S P P 19
7534 Tire Repair Shops P P O P S P P P 19
7535 Paint Shops O P S P P 19
7536 Junkyards S 7
7538 General Automotive Repair Shops P O P S P P 19
7539 Automotive Repair Shops, Not
Elsewhere Classified P 0 P S P P 19
Section 7-P, Permitted Use Table
Permitted Uses o o
Mobile Home Park P 4
Mobile Home Subdivision
Model Dwelling Unit P P P P S 3
Accessory Residential Uses
Accessory Building, Structure
or Use P P P P P
Garage Apartment
Home Occupation P P P P P P
Servants or Caretakers Quarters P P P P P S P P 3
Private Recreation Facility P P P P P S
Swimming Pool P P P P P P
Public Utilities
Cable Television Transmission Line P P P P P P P P P P P P P P
Electrical Transmission Line P P P P P P P P P P P P P P
Electrical Generating Plant S P S P P P
Electrical Substation S S S S S P S S P S P S P P
Local Utility Service Line P P P p P P P P P S P P P P
Radio, Television or
Microwave T avers S S S S S S S S S S S P P
Railroad Tracks cat Switching Yards
Sewage Pumping Station P P P P P P P P P S P P P P
Sewage Treatment Facilities P P P P P P P P P P S P P P
Telephone Exchange, Switching
Relay or Transmitting Station S P P P P P P P P S P P P P
Utility Service or Storage Yard
or Buildings S P P
Water Standpipe or Elevated Water P P P P P P P P P S P P P P
Supply, Water Reservoir, well or
Pumping Station
Water Treatment Plant P P P P P P P P P S P P P P
Utility Business Office P P P P S P P P 14
SECTION 10. BOARD OF ADJUSTMENT - ESTABLISHMENT AND PROCEDURE
A Board of Adjustment is hereby established, which shall consist of five members
and four (4) alternates to be appointed by the City Council, each for a term of two
(2) years. Members and alternates of the Board of Adjustment may be removed
from office by the City Council when absent from two consecutive meetings
without an excuse or for cause upon written charges and after public hearing.
Vacancies shall be filled by the City Council for the unexpired term of the member
affected.
A. Proceedings of the Board of Adjustment. The Board of Adjustment shall
adopt rules necessary to the conduct of its affairs, elect a chairman and an
acting chairman, and in keeping with the provisions of this ordinance.
Meetings shall be held at the call of the Chairman and at such other times as
the Board may determine. The Chairman or in his absence, the acting
Chairman, may administer oaths and compel the attendance of witnesses. All
meetings shall be open to the public.
The Board of Adjustment shall keep minutes of its proceedings, showing the
vote of each member upon each question, or if absent or failing to vote
indicating such fact, and shall keep records of its examinations and all of
which shall be immediately filed in the office of the Board and shall be public
record.
B. Hearings, Appeals, and Notices. Appeals to the Board of Adjustment
concerning interpretation or administration of this ordinance may be taken by
any person aggrieved or by an officer, department, board, or bureau of the
City affected by the decision of the Administrative Official. Such appeals
shall be taken within a reasonable time, not to exceed forty-five (45) days, by
filing with the officer from whom the appeal is taken and with the Board of
Adjustment a notice of appeal specifying the grounds thereof. The officer
from whom the appeal is taken shall forthwith transmit to the Board all the
papers constituting the record upon which the action appealed from was
taken.
C. Notification and Hearing Process. Any request for an appeal, variance or
special exception shall require a public hearing before the Board. A written
notice of the hearing shall be sent to owners of property situated within two
hundred (200) feet of the exterior boundary of the property with respect to
which such appeal, variance or exception is requested 10 days prior to public
hearing. It shall be sufficient that such written notice is addressed to the
owner appearing on the most current tax roll of the City and addressed to
such owner at the address stated on said roll. If no owner is stated on the tax
roll, or no address appears thereon, the written notice to such property owner
shall not be required. The City Council and Planning and Zoning Commission
shall be informed of any hearing for an appeal, variance or special exception
of the zoning or sign ordinance. A processing fee as described in Section 1C
shall be paid to the City in advance of the hearing. In the event the
application is withdrawn prior to the mailing of the required written
notification or publication in the official newspaper, the fee shall be
refunded.
� s
y
D. Stay of Proceedings. An appeal stays all proceedings in furtherance of the
action appealed from, unless the officer whom the appeal is taken certifies to
the Board of Adjustment after the notice of appeal shall have been filed with
him that by reason of facts stated in the certificate, a stay would, in his
opinion cause imminent peril to life or property. In such case proceedings
shall not be stayed other than by a restraining order which may be granted by
the Board of Adjustment or by a court of record on application, on notice to
the officer from whom the appeal is taken and on due cause shown.
49
SECTION 11. THE BOARD OF ADJUSTMENT - POWERS AND DUTIES
The Board of Adjustment shall have the following powers and duties:
A. Administrative Review. To hear and decide appeals where it is alleged there
is error in any order, requirement, decision, or determination made by an
administrative official in the enforcement of this ordinance. The Board shall
apply the following standards in deciding the appeal:
1. That there is a reasonable difference of interpretation as to the
specific intent of the zoning regulations or zoning map.
2. That the resulting interpretation will not grant a special privilege to
one property inconsistent with other properties or uses similarly
situated.
3. The decision of the Board must be such as will be in the best interest of
the community and consistent with the spirit and interest of the City's
zoning laws.
B. Variance: Conditions Governing Applications: Authority and Limitations. To
authorize upon appeal in specific cases such variance from the terms of this
ordinance as will not be contrary to the public interest where, owing to
special conditions a literal enforcement of the provisions of this ordinance
would result in unnecessary hardship, and so that the spirit of the ordinance
shall be observed and substantial justice done. In exercising such powers of
variance, the Board may, in conformity with the provisions of this ordinance,
reverse or affirm, wholly or partly, or may modify the order, requirement,
decision, or determination appealed from and make such order, requirement,
decision, or determination as ought to be made, and to that end the Board
shall have all the powers of the officer from whom the appeal is taken.
In granting any variance, the Board of Adjustment may describe appropriate
conditions and safeguards in conformity with his ordinance. Violations of
such conditions and safeguards, when made a part of the terms under which
the variance is granted, shall be deemed a violation of this ordinance.
Under no circumstances shall the Board of Adjustment grant a variance to
allow a use not permissible under the terms of this ordinance in the district
involved, or any use, expressly or impliedly, prohibited by the terms of this
ordinance in said district.
C. Vote Required: Appeals; Variances. The concurring vote of four (4) members
of the Board shall be necessary to reverse any order, requirement, decision,
or determination of an Administrative Official, or to decide in favor of the
applicant on any matter upon which it is required to pass under this
ordinance, or to effect any variation in the application of this ordinance.
50
Ordinance Vo. 129
Page 14
;ITIC OF MOBILE I10`TS OUTSIDE OF LICENSED MOBILE TIOlT, PARK
No mobile home shall be parked in violation of any enforceable deed restriction
or covenant.
A mobile home may be parked on a vacant lot, or plot, outside a mobile home subdi-
vision as defined in "DEFINITIONS" (and no other) , provided the lot, or plot has
9,000 square feet of land. The mobile home shall set back a minimum of 25 feet
from any public street right-of-way line and seven-and-one-half feet from any
side or bac!c lot line.
Not more than one mobile home shall be parked on a vacant lot or plot without
first obtaining a mobile home park license. Such lot or plot shall contain a
minimum of 9,000 square feet. Any mobile home placed on -such a lot, or plot,
shall meet the minimum standards for Dlumhing, heating, and electrical systems
outlined or referred to in this Ordinance.
A mobile home may be parked adjacent to a residence, or place of business, pro-
vided a spacing of ten feet from the nearest building, on the same property, is
maintained and seven-and-one-half feet from any interior property lines, or not
less than twenty-five feet set-back from a street. 'lot more than one mobile
home shall be parked on the same lot, or plot, with a residence, or commercial
building, without first obtaining a mobile hone park license. No mobile home
shall be parked adjacent to a residence, or place of business, where such place-
ment would create a hazard to life, safety or health.
All occupied mobile homes located outside a mobile home Dark or mobile homes sales
park for more than 48 hours shall be connected to all required utilities, and
permits obtained from the building official for a foundation, driveway, plumbing
and electricity.
Mobile homes located outside mobile home parks will be connected by separate and
individual water and sewer taps to city services where such services are available.
Parking permit fees for single mobile homes located outside mobile home parks shall
be the same as fees for mobile hones inside mobile home parks, except that a
license fee 17ill not l e required.
The Building Official may permit the temporary parking of a mobile home in a locatic
outside an approved and licensed mobile home park for a period in excess of forty-
eight hours, provided such location shall not create a health, traffic, or other
hazard, and provided such mobile home shall not be occupied.
All mobile homes, both existing and new, and all parts thereof, shall be maintained
in a safe and sanitary condition. All devices, or safeguards, which are required
by this Ordinance and other regulations, pamphlets, or data made a part hereof
when installed, repaired, or altered, shall be maintained in good iorkin!7 order.
The owner, or occupant, shall be responsible for the maintenance of the mobile horn-e .
shall be unlawful to occupy a mobile home as any type occupancy other than as a
:ivate dewlling, provided, however, a mobile home may be parked at a constructing site
)r use as a field office for a period not exceeding the period of construction and
it more than one mobile home may ha imp(i for dt monCfrAtinn anti nffirP at n mnhile horn
SECTION 18. PENALTIES FOR VIOLATIONS
Any person who violates any of the provisions of this ordinance or who fails to
comply therewith or with any of the requirements thereof, including violations of
conditions and safeguards established in connection with grants of variances or
specific uses, or who erects or alters any structure, or who commences to erect or
alter any structure in violation of any detail statement of plan submitted or
approved thereunder, shall for each and every violation or non-compliance be
deemed guilty of misdemeanor and, upon conviction, fined not more than One
Thousand Dollars ($1,000.00), and each day such violation continues shall constitute
a separate offense. The owners of a building, structure, or premises, or part
thereof, where anything in violation of this ordinance be placed or shall exist, and
any architect, builder, contractor, agent or corporation employed in connection
therewith who may have assisted in the commission of any such violation shall be
guilty of a separate offense and, upon conviction, shall be subject to the penalties
herein provided.
57
t
SECTION 14. SCHEDULE OF FEES, CHARGES, AND EXPENSES
The City Council shall establish a schedule of fees, charges, and expenses and a
collection procedure for building permits, certificates of zoning compliance,
Specific Use Permits, changes in district classification, appeals, and other matters
pertaining to this ordinance. The schedule of fees shall be maintained in the office
of the City Secretary and in the office of the Administrative Official, and may be
altered or amended only by the City Council.
Until all applicable fees, charges, and expenses have been paid in full, no action
shall be taken on any application or appeal.
53
4 l
1 , �• 1
0 CJ41endwood
COMMUNITY DEVELOPMENT DEPARTMENT
PUBLIC WORKS BUILDING
1306 Deepwood Phone: (713) 482-4438
FRIENDSWOOD, TEXAS .77546-3898
May 24, 1989
Mr. Ralph Capone
Metropolitan Moving and Storage
906 Gemini, Suite A
Houston, Tx. 77058
Subject: Application for Certificate of Zoning Compliance
Dear Mr. Capone:
Please be advised that your application for a Certificate Of
Zoning Compliance cannot be issued. The proposed use as stated on the
application is not specifically listed in the permitted use tables in
the City of Friendswood Zoning Ordinance. Thus to determine if the use
is acceptable in a Neighborhood Conanercial (NC) district I followed the
procedure for Uses Not Listed (see Section 7. paragraph P.3. , attached)
in the Permitted Use Table. I subsequently reviewed the General
Purpose And Description for the NC district (see Section 7. paragraph
G. , attached) , considered the permittability in an NC zone of any
closely or remotely related uses as listed in the Permitted Use Table
(see attached) and considered the standards the Board of Adjustment is
directed to apply when considering an appeal (see Section 11. paragraph
A., attached) .
After reviewing all the above and taking into consideration the
proposed use as stated on the application and considering haw the
property is currently being utilized in reality, I have concluded that
the current and proposed uses are inconsistent with the intent and
purpose of the NC zone as established in the zoning ordinance.
Therefore the application for a Certificate of Zoning Compliance is
denied.
Please be advised that the proposed use as stated on the
Certificate application would be approved if the business was
manifested in a manner more compatible with a Neighborhood Commercial
zoning district. Specifically, if the trucks, moving vans, mobile
homes, etc. were stored where permitted and the sole use of the
property were to involve only indoor activities with an occasional
truck or van being loaded or unloaded.
Enclosed you will find a Request For Hearing form. If you wish to
appeal this decision to the Zoning Board of Adjustment you or an agent
must personally file for appeal within 45 days of receipt of this
letter or lose the right to appeal. The form must be signed and
returned for my signature and subsequently delivered to the office of
the City Secretary along with a $25.00 filing fee. If you do not file
within this time you must discontinue all unpermitted uses of the
property or be subject to $1000.00 fines for each day such uses are
continued.
If you have any questions regarding this matter please do not
hesitate to contact me.
Sincerely,
Duane M. Hengst, P.E.
Community Development Director
encl.
cc: City Manager
4
s'
FRIENDSWOOD ZONING BOARD OF ADJUSTMENT
REQUEST FOR HEARING
NAME : Ralph Capone, agent for Metropolitan MovingP H 0 N E : 480-0660
ADDRESS:4211 Friendswood Link Road
ADDRESS OF SUBJECT PROPERTY : 4209-4211 Friendswood Link Road
LEGAL DESCRIPTION ( IF APPLICABLE) :47,132 sq. ft. out of res. A, Forest
Creek Subdivision in Friendswood
IS PROPERTY IN A RECORDED SUBDIVISION? yes, Forest Creek
NATURE OF REQUEST . Appeal decision of Zoning administrator
that current use of property is violation of Zoning Ordinance
FOR WHOSE DECISION IS REQUEST BEING MADE?
ZONING ADMINISTRATOR : X
OTHER : NAME :
UNDER WHAT ORDINANCE AND SECTION OF ORDINANCE IS APPEAL BEING
MADE? Ordinance 84-15, Section 10, paragraph B
Metropolitan Moving and Storage, Inc.
PRINTED NAME OF OWNER :
Ralph Capone
NAME OF DES G ATED REPRESENTATIVE
SIGN TU OF OWNE V. DATE :
DATE & TIME RECEIVED : �"a24-00, �o�• .�••r/:IyI•
STAFF COMMENTS :
CITY APPROVAL : DATE :
AC T NG AP LIC TION ON BEHALF OF�CITY :
. #a/09
N ME : DATE : FEE PAID :
DISPOSITION OF CASE :
0,9 ,E )Zr r2 APPROVED •
/� ( CHAIRMAN) DATE
' r , — TLl /7. f_M
:A
FRIENDSWOOD ZONING BOARD OF ADJUSTMENT D,�fON
REQUEST FOR HEARING /9L 7W—
N A ME : Ralph Capone, agent for Metropolitan Movingp H 0 N E : 480-0660
ADDRESS :4211 Friendswood Link Road - '
ADDRESS OF SUBJECT PROPERTY : 4209-4211 Friendswood Link Road
LEGAL DESCRIPTION ( IF APPLICABLE ) :47,132 sq. ft. out of res. A, Forest
Creek Subdivision in Friendswood
IS PROPERTY IN A RECORDED SUBDIVISION? yes, Forest Creek
NATURE OF REQUEST : Appeal decision of Zoning administrator
that current use of property is violation of Zoning Ordinance
FOR WHOSE DECISION IS REQUEST BEING MADE?
ZONING ADMINISTRATOR : X
OTHER : NAME :
UNDER WHAT ORDINANCE AND SECTION OF ORDINANCE IS APPEAL BEING
MADE? Ordinance 84-15, Section 10, paragraph B
Metropolitan Moving and Storage, Inc.
PRINTED NAME OF OWNER :
Ralph Capone
NA14E OF DESIGNATED REPRESENTATIVE
SIGN TUR OF OWNE/ff DATE :
DATE & TIME RECEIVED :
STAFF COMMENTS :
z sD -
CITY APPROVAL : DATE :
AC T NG AP LIC TION ON BEHALF OF*0CITY :
�"A f-1
NAME : DATE : FEE PAID :
DISPOSITION OF CASE :
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•c ,
DATE SCHEDULE FOR BOARD OF ADJUSTMENT;
NAME OF APPLICANT
LOCATION.OF PROPERTY y 7,J( A". A C � .
REASON FOR VARIANCE Q6YJe u 2GQ -� h1 �•c.c.Q-�,
PUBLIC HEARING DATE
Application received in City Secretary's Office
Date set for Public Hearin
By Board of Adjustment Chairman
Request tax office to furnish names of property
owners within 200 feet Gv
Notice published in official newspaper
(15 days prior to hearing)
Letters mailed to property owners within 200 feet.
(10 days prior to hearing) 8-
Public Hearing held
Decision made by the Board of Adjustments
Applicant notified.
REGULAR MEETING
BOARD OF ADJUSTMENT
AUGUST 22, 1989
MINUTES OF THE SPECIAL MEETING OF THE' ZONING BOARD OF ADJUSTMENT
OF THE CITY OF FRIENDSWOOD WHICH WAS HELD AT CITY HALL ON
AUGUST 22, 1989 WITH THE FOLLOWING MEMBERS CONSTITUTING A QUORUM:
CHAIRMAN WILLIAM TAYLOR
REGULAR MEMBER MARY ELLEN BELLARD
REGULAR MEMBER DAVID O 'BRIEN , III
REGULAR MEMBER ANN TALBOT
ALTERNATE MEMBER DAVID LONG
ALTERNATE MEMBER EVELYN BRENNEN
ALTERNATE MEMBER DAVID HERBEK
CITY ATTORNEY TODD STEWART
BUIDING INSPECTOR NICK CAPUANO
COMMUNITY DEVELOPMENT DIRECTOR DUANE HENGST
ASSISTANT TO CITY SECRETARY JANE TOLLETT
CHAIRMAN TAYLOR CALLED THE MEETING TO ORDER AND APPOINTED
ALTERNATE MEMBER DAVID LONG AS REGULAR MEMBER FOR THIS MEETING.
AT THIS TIME , CHAIRMAN TAYLOR ADMINISTERED AN OATH OF THOSE
WHO WOULD BE TESTIFYING BEFORE THE BOARD OF ADJUSTMENT FOR THIS
MEETING ONLY AND HE EXPLAINED THE REASONING OF THE APPLICATION TO
ALL IN ATTENDANCE .
CHAIRMAN TAYLOR CALLED FOR PUBLIC INPUT REGARDING REQUEST FROM
RALPH CAPONE, SEEKING VARIANCE AT LOCATION OF 4211 FRIENDSWOOD
LINK ROAD , METROPOLITAN MOVING & STORAGE COMPANY, TO APPEAL
DECISION OF ZONING ADMINISTRATOR IN ACCORDANCE WITH ZONING
ORDINANCE 84-15 , SECTION 10 , PARAGRAPH B:
TOM HANNZ , ATTORNEY FOR MR . CAPONE , STATED HIS CLIENT FELT IT WAS
THE PERFECT LOCATION FOR HIS BUSINESS AT THE TIME HE MADE THE
DECISION TO MOVE THE STORAGE COMPANY TO FRIENDSWOOD . HE FEELS
THE ZONING GUIDELINES ARE VAGUE AND A VARIANCE AND ANYTHING
NECESSARY IS NEEDED TO CONTINUE THE BUSINESS .
RESIDENTS FROM THE AREA OF METROPOLITAN MOVING & STORAGE COMPANY
SPOKE TO THE BOARD REGARDING THE EYESORE OF THE AREA , TRASH ON
THE PROPERTY, TRUCKS ARE OVER LIMIT, NOISE FROM TRUCKS GOING IN
AND OUT OF ALL TIMES OF THE DAY AND NIGHT, BAD CHOICE OF LOCATION
OF STORAGE BUSINESS BECAUSE OF THE USE OF RESIDENTIAL STREETS
FROM THE FREEWAY, STORAGE PROPERTY VALUE DECLINING BECAUSE NO ONE
WILL WANT TO BUY IF THIS IS IN A RESIDENTIAL NEIGHBORHOOD , THIS
WILL NOT HELP THE TAX BASE IN THE CITY OF FRIENDSWOOD
HEARING NO FURTHER INPUT THE PUBLIC HEARING WAS CLOSED .
CHAIRMAN TAYLOR CALLED FOR CONSIDERATION AND POSSIBLE ACTION
REGARDING REQUEST FROM RALPH CAPONE , SEEKING VARIANCE AT LOCATION
OF 4211 FRIENDSWOOD LINK ROAD , METROPOLITAN MOVING & STORAGE
COMPANY TO APPEAL DECISION OF ZONING ADMINISTRATOR IN ACCORDANCE
WITH ZONING ORDINANCE 84-15 , SECTION 1Q , PARAGRAPH B .
**DAVID LONG MADE THE MOTION TO DENY THE VARIANCE REQUEST OF
RALPH CAPONE , AT THE LOCATION OF 4211 FRIENDSWOOD LINK ROAD,
METROPOLITAN MOVING & STORAGE COMPANY, TO APPEAL DECISION OF
ZONING ADMINISTRATOR IN ACCORDANCE WITH ZONING ORDINANCE 84-15 ,
SECTION 10 , PARAGRAPH B.
DAVID O 'BRIEN, III SECONDED THE MOTION. THE MOTION WAS UNANIMOUS.
THE MINUTES OF JULY 25 , 1989 AND JULY 31 , 1989 WERE APPROVED AS
PRESENTED .
MOTION WAS MADE AND SECONDED TO ADJOURN AT 8 : 30 PM.
4 L6 q w�&1��-
1/
CHAIRMAN iW� M rAYLON
JA TOLLETT
ASSISTANT TO CITY SECRET RY
DATE : �re
i
2
PAUL W.SCHRADER
w Mayor
N ��T Council Members
t Of 9VL'E all W Q0a RON RITTER
ROBERT WICKLANDER
EVELYN NEWMAN
10g WILLOWICK 7131482.3323 ED STUART
FRIENDSWOOD, TEXAS 77546.3898 JAN JORDAN
A, FRANK.FRANKOVICH
ANNETTE A.BRAND"
City Manager
DELORIS McKENZIE,CMC
City Secretary i
DECISION OF THE BOARD OF ADJUSTMENT
On the 22nd day of August , 1989 , 7 : 00 p .m. , the Board of
Adjustment of the City of Friendswood , Texas considered an appeal
by Metropolitan Moving & Storage , Inc. (Applicant) . Applicant is
appealing the decision of the Zoning Administrator , Mr . Duane
Hengst , denying Applicant a Certificate of Zoning compliance for
Applicant 's property located at 4209-4211 Friendswood Link Road.
Same property being currently. zoned as .Neighborhood Commercial
(N.C . ) .
All present at the Hearing and desiring to be heard were
given that opportunity.
After hearing the evidence , presentations , and comments of
all concerned , the Board of Adjustment voted to affirm the
decision of the Zoning Administrator by a vote of 5 "For" to
0 to "Against" .
Decision of the Board of Adjustment
N/A
All documents , and letters contained- in City' s file . and
submitted at the hearing regarding this matter were- made a part
of the record of this hearing.
Filed with the City Secretary as the Official Decision of
the Board of Adjustment this 23rd day of August , 1989 .
i
Board of Adjustment
Date
ATTEST•
J e P . Tollet.
Secretary, Boarid" of A justment
r
Copy of document sent certified mail to :
Thomas J . Hannsz , Attorney at Law,
440 Louisiana, Suite 1510
Houston, Texas 77002
Certified Mail #P 086 823 092
August 23 , 1989