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HomeMy WebLinkAboutZBOA Minutes 2005-04-26 Regular CC: M & CC mit MGM (fel �25262)• �ye0AN 2000 11 RECITED car y FRIGOSINOOD State of Texas SEC EfARY c,, City of Friendswood )( �lp! 44. �,' Counties of Galveston/Harris )( 24 ll 0[Do April 26,2005 )( Minutes of a regular meeting of the Friendswood Zoning Board Of Adjustment that was held on Tuesday, April 26, 2005, at 7:00 PM at Friendswood City Hall Council Chambers, 910 S. Friendswood Drive, Friendswood,Texas,with the following present constituting a quorum: Chairman David O'Brien,III Vice Chairman Ron Decker Regular Member David Dannemiller • Regular Member Greg Hughes(arr. 7:05 PM) Regular Member Ken Boggs Alternate Member Elisabeth Wagner Alternate Member Steve Joiner Alternate Member Tom Samson Alternate Member Steve Knis City Attorney • Loren Smith Building Official Randy Mason Staff Liaison Melinda Welsh Chairman O'Brien called the meeting to order at 7:00 PM. Chairman O'Brien appointed alternate member Steve Joiner as a regular voting member for this meeting. 7:00 PM REGULAR SESSION Staff Liaison Melinda Welsh administered the Oath of Office to reappointed regular member David Damnemiller. No action was taken regarding appointment of a Chairman and Vice Chairman for a period ending July 2005. Chairman O'Brien called the hearing to order to receive public input regarding seeking a variance for property located at 1804 San Jose, Lot 18, Block 7, Section 2, Mission Estates Subdivision,.Galveston County, Texas for a children's clubhouse that was erected on the utility easement. The request is for a variance from the requirements of Section 7.Q.3 and Section 8-C of the Friendswood City Code. Kevin Pendergrast, 1208 Peregrine, addressed the Zoning Board and stated he is the attorney for the Hunnicutt's and stated it seems like someone would contact the Homeowner's Association(HOA) and not the City if they have a complaint, stated there are others that are in violation and further stated that the Hunnicutts received approval from the utility companies for use of the easement and this request falls under medical necessity. Chairman O'Brien clarified that the Zoning Board does not enforce HOA restrictions. City Attorney Loren Smith said this is not an administrative appeal;the variance is on the setback. Ray Hunnicutt, 1804 San Jose, addressed the Zoning Board and thanked them for serving. In May 2002, his son Mason was stung by an ant in 2 places,broke out in a rash,they called the doctor,his lips and ears started swelling, he stopped breathing at the hospital and was in anaphylactic shock, they restored his breathing. They began an immunotherapy program at the hospital with shots for fire ant venom to build his immunity. In August 2002, they decided to build somewhere for the kids to play, designed a clubhouse, was built in Dallas, put in their old house in Wedgewood Village, moved to Mission Estates and got approval from San Joaquin HOA before closing on the house and it has been there a year. Last summer they decided to put in a swimming pool, move the clubhouse, and got permission from Texas New Mexico Power Company and the HOA. In March 2005, they were contacted by the City of Friendswood Code Enforcement Department that it was in violation. Building Official Randy Mason came out and met with them and the biggest issue was that it sat in the easement, said if they got permission letters from the utility companies, there should be no problem. They got letters from Texas New Mexico Power Company, Southwestern Bell, City of Friendswood water and sewer, Centerpoint and Time Warner regarding the utility easement and applied for the variance. They saw a report the next day from Building Official Randy Mason that there were 3 other issues which were setback, electrical and too close to something else. They are 30 inches from meeting the 5 ft separation requirement. The setback-is _ 10 ft. from rear fence, got letters from neighbors saying it was okay. Height was not a problem according to Building Official Randy Mason. This clubhouse gives their son Mason a safe place to play as well as the neighborhood kids. There is no other place to put the clubhouse. Mr. Hunnicutt addressed Building Official Randy Mason's letter— Sec. 11-1 reasonable difference of interpretation. Regarding a structure and a building, Structure-There is no concrete slab and is not a permanent structure; Building-definition does not apply to clubhouse. Judging by looking at other's structures, this ordinance does not apply. Is not hurting anyone and denying this variance will harm his children. Section 11-B will result in unnecessary hardship, is the only place Mason can play where he feels safe. Section 11-C Special Exceptions-feels that Mason's severe allergy should be considered an exception and quoted the July 2003 Zoning Board of Adjustment minutes. Carrie Hunnicutt, 1804 San Jose, spoke about the miscommunication between the Community Development Department and them. Had thought about it for years before Mason's allergy and finally got it built. Ms.Hunnicutt stated that this was an anonymous complaint from one of their neighbors, she was brought up in abusive home and will not allow anyone to run over her, brought their old neighbors to the meeting, brought medical records as proof, neighbors helped them move the clubhouse when they • built the pool, took a poll of their neighbors after this happened and asked if anyone had a problem and only two had a minor problem. Clubhouse has been moved 3 times so it is portable,brought a poster with pictures of other violators. If they have to get rid of the clubhouse, it will go to Dallas. The Mayor and entire City Council called her and Councilmember Tracy Goza is the only one that offered to help, quoted Mayor Brizendine about neighbors not helping each other anymore. She stated they would take the clubhouse off the stilts, plywood the windows, etc. to make it work, asked that the Board grant this variance. Carol Westerfield, 5103 Royal Parkway, stated she is the Hunnicutt's neighbor from Wedgewood Village. They helped move the clubhouse to their new house. Ray and Carrie Hunnicutt are fine parents and are very involved with their children and the neighborhood, and feels they would not do anything to intentionally hurt her family, neighbors or the City. Please grant this variance. Mary Wenton, 5107 Royal Parkway, stated she is the Hunnicutt's old neighbor and wanted to report on the fire ant incident with Mason Hunnicutt who was blue when they got him to the hospital, spent lots of money on fire ant prevention, built the clubhouse after that. There is no noise or spying from the clubhouse. Please allow them to keep clubhouse. John LeCour, 110 Canal, candidate for City Council in the upcoming election, addressed the Board and stated he appreciates the City's rules, the Community Development Department recently oversaw the s . . construction of his new house, did an excellent job of inspection, is an engineer for NASA, looked over the house and has beautiful backyard with the clubhouse and is not hurting anyone's property value. The code in question does not apply. Alice Massey, 1802 San Jose, lives next door and stated the clubhouse does detract from aesthetics and it looks bad and they are thinking of selling their house. Mason Hunnicutt is healthy and plays organized sports. She stated she is against granting this variance. • Cheryl Evans, 1803 San Jose, stated the Hunnicutt's are good neighbors and the clubhouse should stay, stated that others are in violation and feels the medical reasons are sufficient. Marty Pannenter, 1708 San Jose, stated she is concerned about property values, their yard is nice, rules are here for a reason, wants neighborhood to be nice, respects rules that protect all citizens, stated the Hunnicutt's should have considered the clubhouse when they built the pool. Randy Mason, Building Official, presented his interpretation of this request and stated he had recommended putting the clubhouse onto the garage. Carrie Hunnicutt stated she would like to comment on Ms. Parmenter's comment about putting in a pool. They had 5 designers try to design the clubhouse around the pool, checked with the HOA and asked for written permission with the recommendation from the pool installer, checked with Texas New Mexico Power Company and they said no problem and she asked for it in writing, thought she covered all her bases before she put the pool in and stated she would not have put in the pool if she knew there was a problem with the clubhouse. The clubhouse is not a permanent structure. City Attorney Loren Smith advised the Zoning Board of the legal items they need to consider in their deliberation of this request. Hearing no further input the Public Hearing was closed at 8:18 PM. **Boardmember Hughes made a motion to approve the variance as requested for property located at 1804 San Jose. Boardmember Dannemiller seconded the motion. The motion was denied unanimously. Boardmember Dannemiller asked Building Official Randy Mason the definition of structure and materials that it would apply to such as plastic, steel,wood, etc. Boardmember Decker asked Building Official Randy Mason about difference in structures. Building Official Randy Mason said it is a structure in that it protects them and has a roof. Boardmember Decker asked if the requestor could resubmit for a medical variance since they may not get a variance under these conditions. Chairman O'Brien stated they should consider medical variance tonight and asked the City Attorney who said medical reasons are very limited but could be considered. **Boardmember Decker moved to approve the minutes for the December 14, 2004 meeting. Seconded by Boardmember Boggs. The motion was approved 4-0 with Boardmember Dannemiller abstaining since he was absent from the last meeting. A motion was made and approved to adjourn at 9:01 PM. \1) David O'Brien Chairman Attest: • Melinda Welsh,Deputy City Secretary ZBOA Staff Liaison