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Home My WebLink AboutZBOA Minutes 2006-09-26 Regular State of Texas )( City of Friendswood )( Counties of Galveston/Harris )( September 26,2006 )( Minutes of a Regular Meeting of the Friendswood Zoning Board of Adjustment that was held on Tuesday, September 26, 2006, at 7:00 PM at Friendswood City Hall Council Chambers, 910 S. Friendswood Drive, Friendswood, Texas,with the following present constituting a quorum: Chairman Ron Decker Regular Member Greg Hughes Regular Member David O'Brien, III Regular Member Steve Knis Alternate Member Elisabeth Wagner Alternate Member Mike Czarowitz Alternate Member Steve Joiner City Attorney Alison Holland Building Inspector Frank Manigold Staff Liaison Melinda Welsh Regular member Ken Boggs and alternate member Ernie Kyle were absent from the meeting. Chairman Ron Decker called the meeting to order at 7:00 PM. 7:00 PM—REGULAR SESSION The Oath of Office was not administered to regular member Ken Boggs since he was absent from the meeting. Chairman Decker appointed alternate member Steve Joiner as a regular voting member for this meeting. Chairman Decker explained the process of the public hearing. Chairman Decker called the hearing to order to receive public input regarding seeking a variance for property located at 3233 Prince George, situated in Lot 5, Block 9, Section 2 of Friendswood Oaks Subdivision, Harris County, Texas to leave garage, as built, 3 ft. from side setback. Variance request from the requirements of Appendix C, Section 7, Regulation Matrix 7.Q.3, Side Setback, of the Friendswood City Code. Ray Horn, Newmark Homes, stated he is representing the applicant, Newmark Homes, for this variance and presented his case. There is a problem on the right hand side of the garage where they have 3 ft to the property line instead of 5 ft, plot plan was submitted to the City and approved by the City, they work well with City Staff, service has been good, wants to be a good citizen, this is an abnormal situation, is relatively new to the area, began work after approval, went through inspections, found out through inspections that there was a problem, that is why they are here, has built in most Houston areas, usual standard on a garage is 3 ft, is not trying to tell Friendswood how to do business, it was a simple mistake on their part and City's part, was not done intentionally or to bypass ordinance, took pictures and showed them to the Board, the house is complete and the homeowner is ready to move in this month, this mistake will not happen again now that they know, has had a pleasant experience working with the City and police, has come in contact with great people in the community, has built over 5000 houses and sometimes these things occur, not blaming anybody, sometimes it just happens, this does not impede anyone's privacy and asked the Board to please consider this variance. Chairman Decker asked if anyone else would like to speak. Mary Matthews, 3008 Park Bend Drive, stated she and her husband Carl live in Autumn Creek Subdivision, their lot backs up to this property, she appreciates that there is a forum in which to speak, as a resident of City of Friendswood they trust those in development of Friendswood, would have been less stressful to homeowners and all to correct this before building began. Drainage is an extreme problem in their neighborhood, knows the importance of issues of drainage,their property is directly effected, has photos and documents to show Board, would like to respectfully address the homeowner, spoke at 2 other public hearings regarding drainage issues, read a written statement to homeowner, they are still dealing with this stressful situation, dealt with snakes, they use a flashlight at night, elevation of neighboring property is higher than theirs, the garage has the potential to be a drainage problem,trench is still filled with water, builder is pouring concrete for a patio,has not been granted a variance so why are they pouring and stated the lack of distance between the garage and fence could affect drainage. Carl Matthews, 3008 Park Bend Drive, stated there was evidence of e-coli in water on their property and stated he is concerned the elevation of the property is 10 inches higher than their property. Hearing no further input the Public Hearing was closed. Discussion was held among the Zoning Board members, Building Inspector, applicant and City Attorney regarding this request for a variance. The discussion included questions regarding the stage of construction of the garage, it is now dried-in, and was framed and dried-in when they caught the problem, the pictures handed out look like the roofline is along the property line, there is still a foot and a half left, it is Type A drainage and should drain from back to front, what about the high dirt peeking above the fence,Newmark had to put excess dirt to grade the lot at a future date, lots were already in place before they developed them, is it technologically feasible to move the garage over a few feet, economic hardship would be to the builder and homeowner that is ready to close on the property, you would lose structure of garage if it was moved, it would destroy the foundation,would cost estimate of$30,000, the back of the garage is 40 ft. to the back of the garage to property line, can 75% of administrative error be taken into consideration as hardship,people are still charged with knowing what the law is,Newmark stated they have no intention of imposing additional hardship to neighbors,they can put a series of gravel to make sure no water ponds on that side of the property, in West University with tight lots you have lesser areas with drainage being okay, asked if more soil would help, in theory it is a good thought, lots were there before Newmark built, the elevation was decided by other entities and stated more problems can be created by adding more dirt. **Boardmember O'Brien moved to approve the variance as requested for property located at #3233 Prince George. Seconded by Boardmember Knis. The motion was approved unanimously. Chairman Decker called the hearing to order to receive public input regarding seeking a variance for property located at 311 S. Friendswood Drive, situated in Lot 9, Block 2, of the Friendswood Subdivision, Galveston County, Texas, requesting variance of 25 ft. required rear setback to construct an additional 5000 sq. ft. of warehouse to add to existing building. Variance request from the requirements of Appendix C, Section 7, Regulation Matrix-Commercial Districts 7.Q.3, Rear Setback, of the Friendswood City Code. Paul Ponder stated he owns the property with his son, had a business there many years, originally was used as a fig factory, would like to build on this property, they sold out to Hughes Supply who sold out to Home Depot years later, occupant now would like to have more space, front building is 10,000 sq ft. and the rear is 6000 sq. ft. and wants to add additional to the rear building, could live with setback on side street but rear setback is 25 ft., back building sits 2 ft. off property line and would like a variance and needs the yard for pipe. Dr. Siemens stated he would like to speak in favor of the request. Michael Cragan, 121 Magnolia, stated he is abutting this property, spent money developing the Magnolia property, put in vegetation as a buffer to this property, their view would be marred by this building, vegetation would be harmed, is pro-business but would like a compromise on the variance request and stated 2 ft.to the property line is too close and inappropriate. Hearing no further input the Public Hearing was closed. Discussion was held among the Zoning Board members, Building Inspector, applicant and City Attorney regarding this request for a variance. The discussion included questions regarding if you moved the building 25 ft. how would it effect the property, applicant stated it would take away from yard space, large trucks come in with large pipes, yard space is necessary and vital, there are pipes coming in all the time, does not want to destroy the vegetation, bought the building in 1991, asked what is the proposed height, applicant stated 14 ft. which is the same as current, Chairman Decker stated the building was probably put in place before zoning and cannot approve compromises. ** Vice Chairman Hughes moved to approve the variance as requested for property located at#3233 Prince George . Seconded by Boardmember O'Brien. The motion was opposed unanimously. **Boardmember Joiner moved to approve the minutes for the August 22, 2006 meeting. Seconded by Boardmember Knis. The motion was approved unanimously. A motion was made and approved to adjourn at 8:05 PM. Ron Decker Chairman Attest: Melinda Welsh,Deputy City Secretary ZBOA Staff Liaison