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HomeMy WebLinkAboutZBOA Minutes 2006-10-24 Special State of Texas )( City of Friendswood )( Counties of Galveston/Harris )( October 24,2006 )( Minutes of a Special Meeting of the Friendswood Zoning Board of Adjustment that was held on Tuesday, October 24, 2006 at 6:00 PM and a Regular Meeting that was held 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 Vice Chairman Greg Hughes Regular Member David O'Brien,III Regular Member Steve Knis Regular Member Elisabeth Wagner Alternate Member Mike Czarowitz Alternate Member Mike McDonald Alternate Member Ric Miller Alternate Member Linda Thornton(arr. 6:10 pm) City Attorney Alison Holland(arr. 6:05 PM) Building Official Frank Manigold Staff Liaison Melinda Welsh Chairman Ron Decker called the meeting to order at 6:09 PM. 6:00 PM—SPECIAL SESSION City Attorney Alison Holland gave a PowerPoint presentation regarding powers and duties of the Zoning Board of Adjustment and Appeals. Information was given and question and answers ensued between the City Attorney and board members. Deputy City Secretary Melinda Welsh administered the Oaths of Office to Regular Member Elisabeth Wagner and Alternate Members Linda Thornton,Ric Miller and Mike McDonald. 7:00 PM—REGULAR SESSION 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 1610 Cascade Falls, situated in Lot 21, Block 2, Section I of Friendswood Lakes Subdivision, Galveston County, Texas, to build a patio cover to attach to the garage. Variance request from the requirements of Appendix C, Section 7, Regulation Matrix 7.Q.3, Side Setback, of the Friendswood City Code. Andrea Reinert, 1610 Cascade Falls, stated she is the applicant and presented her case, stated she would like a patio cover, was denied by the building department because the detached garage was built over the 10 ft. line,would like to attach to the detached garage,would make a wider patio area. Chairman Decker asked if anyone else would like to speak. No one spoke for or against the proposed request. 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 Boardmember O'Brien asked if there is a breezeway there now and the applicant, Andrea Reinert, stated yes, would tear down the breezeway and build a patio cover, it would cover the area to the end of the house, Boardmember O'Brien asked if she would be replacing the breezeway with the patio cover, Boardmember Knis asked if they would be building the patio, she stated the patio is there, they just want a cover on it, it is open and there are no walls,will be on posts, Chairman Decker asked Building Official Frank Manigold if the breezeway would make it a connected facility, Frank stated a breezeway attached to the garage would not make it attached depending on the width of the breezeway,the Development Process Committee(DPC) is coming up with dimensions on a breezeway, Chairman Decker stated there is no standard established what a breezeway is versus a patio cover as far as size, Boardmember Hughes asked Frank Manigold if there is anything in writing on an ordinance of what constitutes an attachment, Frank stated there is not anything that specifically spells out this answer. Boardmember Knis asked the applicant, Andrea Reinert, why she would like to do this, she stated there is a swimming pool in the back yard and this is to get out of the sun, Boardmember Decker asked if it will follow the roofline and shingles, she stated they are trying to make it look like original construction and will carry the materials, slope,addition to the structure. **Boardmember O'Brien made a motion to approve the variance as requested for property located at 1610 Cascade Falls,with a caveat not to ever enclose the patio. Seconded by Boardmember Hughes. The motion was approved 4-1 with Boardmember Knis opposed. Chairman Decker called the hearing to order to receive public input regarding seeking a variance for property located at 622 S. Friendswood Drive, situated in Lot 14, Block 3, of the Friendswood Subdivision, Galveston County, Texas, requesting variance of 15 ft. required rear setback to leave a storage building, as built, 2 ft. 7 %z inches from rear property line. Variance request from the requirements of Appendix C, Section 7, Regulation Matrix-Commercial District 7.Q.3, Rear Setback, of the Friendswood City Code. Mark Collins, Vice President of Perry's Restaurant Group, stated he is the applicant and presented his case, decided to have this building to facilitate their online market, stated he is not sure of the permitting process,realized they needed one when discussing with the City, gave pictures to the board, explained the pictures, they are not 50 feet away from the residential property line and that is why they could not get a permit, stated that it is not an eyesore, can see the building when you get to the breezeway once you get to the sidewalk, enclosed fence line, there is an 8 foot fence, cannot see it from the street, they are 50 feet from the nearby apartments, variance could be approved if suffering a loss, spent$20,000 on the building, houses packaging for the online market such as cardboard and Styrofoam boxes,would not be able to ship and pack their product, has no other area to do this, sat in on some Main Street Committee meetings and sees the City wants to help downtown businesses,feels like this will be profitable for the City in increased sales tax with their business. Ed Stuart, 2001 Pine Drive, stated he is the owner and builder of Stones Throw Center, owns residential apartments adjacent to the strip center, has 8 foot board fence on the property line, was a request by the City at the time he built it, is a good screen, has heard no comments from any residents of the appearance or sight of the building as such, is not on a foundation but is on skids, the cooked pork chops are taxable although other online business is not, economic development has been discussed and thinks we need to promote added revenue and business to the City, appreciates the boards consideration without hurting the appearance or vision of the City. No one spoke against the proposed request. 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 what kind of building it is, applicant Mark Collins stated it is a Morgan Building, is a metal building and is flame retardant, is on the ground, asked if it would have to be torn down to move it, Mark Collins stated the building came in on a trailer, had to get a building permit to do some construction to the building, Building Official Frank Manigold stated a permit would have been required had they known in advance, can have an accessory structure, Boardmember Decker clarified is 15 feet and not 50 feet, asked more clarifying questions about location and structure, Boardmember Decker asked if there was a fire, how the Fire Department would access the 'building, how close is it to the shopping center and residential area, Mark Collins stated 50 feet from residential, showed on the pictures where the Fire Department could come in, Boardmember O'Brien asked if the little building was not there, could it be located where you would be in compliance, Mark Collins stated the width of the bigger building it would still not be 15 feet, there is a utility pole in the way, Boardmember Hughes asked if Morgan Buildings said anything about him needing a permit, Mark Collins answered no,they only gave him an invoice, Boardmember O'Brien asked if there was any place to move this building to make it compliant, Mr. Collins stated there were pros and cons to every other location such as being an eyesore because you can see it from the street or the shopping center, Boardmember Hughes asked Frank Manigold how close a building like this can be to the existing structure and it also needs to be within 3 feet, there may be a problem, Boardmember Knis asked what is in the smaller building, Ed Stuart stated it has garden tools and belongs to him, Boardmember O'Brien stated he sees no justification in granting the variance, Boardmember Wagner stated she is afraid to set a precedent, Chairman Decker stated he sees no compelling reason to grant the variance, Boardmember O'Brien stated he tries to work real good with everyone but sees no wiggle room, Mark Collins stated 15 feet is the only code violation, Chairman Decker said the reason for the setback is so as not encroach on neighboring properties, drainage issues, Fire Department response, devalues adjoining properties, etc., can grant variance on ordinances for compelling reasons but cannot find one, Mark Collins stated he could talk to Ed Stuart to move his building to the end of the building or shopping center, Chairman Decker stated maybe you can move the smaller building to move the larger building, shopping center may have been built before zoning and may have been grandfathered, may not be able to add anything to it, Mark Collins asked for a period of time before he has to move it, it is their busy time since the holidays are coming up, Chairman Decker stated the Board has no authority to do that. Ed Stuart stated there is no room to move the building down, it is in the only place it can be used, the original construction of the shopping center has no problem, fire trucks have access from the driveway, access would be no problem, there is minimal fire danger, moving it would make it more visible to the street,Boardmember Knis stated that is not the consideration,Boardmember Wagner asked if permits had been requested would this have been a problem, Frank Manigold stated a permit would not have been issued so it would not be an issue,Vice Chairman Hughes asked who is usually responsible for getting a permit, Frank stated the contractor usually is, Vice Chairman Hughes stated Morgan Buildings should have done this. Mark Collins asked if he moves the building a little farther away and talks Mr. Stuart into relocating his smaller building at his expense would he have a better chance of getting variance granted, Chairman Decker stated that is hard to say, Mr. Collins said it was their fault that this happened, he thought since Mr. Stuart's building was grandfathered that he was too,Boardmember O'Brien stated City Council has not given the board any discretionary powers and it ties their hands somewhat. Chairman Decker stated ignorance of the law is no excuse. Boardmember Knis asked Frank Manigold if this building were moved and a slab poured and attached to the existing building would there still be a 3 feet rule,Frank said it could be done. **Boardmember Wagner made a motion to approve the variance as requested for property located at 622 S. Friendswood Drive. Seconded by Boardmember Knis. The motion failed 1-4 with Boardmembers Decker, Hughes, O'Brien, and Knis opposed. Discussion was held regarding the upcoming joint workshop with City Council on November 6, 2006. Chairman Decker stated he spoke to Mayor Smith and asked about being granted special exceptions, discussed a joint workshop, asked input into what members wanted to discuss, would like to put some slides together to bring to Council, Boardmember O'Brien stated it would be difficult to bound it, Chairman Decker and Boardmember O'Brien met with Mayor Brizendine after he was elected as Mayor and there was some history of abuses when the board was granted special exceptions, Boardmember O'Brien stated he wants to encourage business and not discourage, Chairman Decker stated they should explain to Council, City Attorney Alison Holland suggested looking at www.municode.com to look at other cities and see what special exceptions they grant. **Boardmember Hughes made a motion to approve the minutes for September 28,2006. Seconded by Boardmember Wagner. The motion was approved unanimously. A motion was made and approved to adjourn at 8:34 PM. Ron Decker Chairman Attest: Melinda Welsh,Deputy City Secretary ZBOA Staff Liaison