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HomeMy WebLinkAboutZBOA Minutes 1985-11-26 Regular 7 / ,/ 7 64- ....._ gO BOARD OF ADJUSTMENT / 1 REGULAR MEETING r NOVEMBER 26, 1985 MINUTES OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF FRIENDSWOOD THAT WAS HELD ON NOVEMBER 26, 1985 AT CITY HALL AT 7 :00 P.M. WITH THE FOLLOWING MEMBERS PRESENT: CHAIRMAN ED DYKES REGULAR MEMBER TOM SULLIVAN ALTERNATE MEMBER MARY ELLEN BELLARD ALTERNATE MEMBER HOWARD YEAGER ALTERNATE MEMBER STEVE JOHNSON BUILDING INSPECTOR NICK CAPUANO SECRETARY JANE TOLLETT CHAIRMAN DYKES CALLED THE MEETING TO ORDER AND APPOINTED MARY ELLEN BELLARD, HOWARD YEAGER AND STEVE JOHNSON AS REGULAR MEMBERS FOR THIS MEETING. CHAIRMAN DYKES CALLED TO ORDER A PUBLIC HEARING FOR THE PURPOSE OF RECEIVING TESTIMONY FROM INTERESTED PERSONS REGARDING THE REQUEST FROM A.P. NICKERSON, 905 BRIARMEADOW, REGENCY ESTATES SUBDIVISION, TO HAVE A SIDE SETBACK OF 3 FEET FOR A CARPORT. MR. NICKERSON HAD BEEN BEFORE THE BOARD OF ADJUSTMENT AT THE OCTOBER 22ND MEETING AND WAS ASKED BY THAT BOARD TO GET A LETTER FROM THE ARCHITECTURAL COMMITTEE STATING THEY ARE IN FAVOR OF HIM BUILDING THE CARPORT, THEN TO COME BACK BEFORE THE BOARD TO ASK FOR A VARIANCE WITHOUT A FEE BEING CHARGED. IT WAS TABLED UNTIL HE DECIDED TO COME TO THE NOVEMBER MEETING. HE PRESENTED HIS LETTER FROM THE COMMITTEE AND STATED HIS INTENTIONS WERE ONLY IN THE BEST INTEREST OF THE NEIGHBORHOOD IN BUILDING OF THE CARPORT FOR HIS MOTORHOME. MRS. JOSEPH BRAUN, OF 910 ESSEX, STATED THAT SHE WAS VERY OPPOSED TO MR. NICKERSON BUILDING THE CARPORT AND THAT IT WAS IN VIOLATION OF THE SUBDIVISIONS DEED RESTRICTIONS. SHE ALSO STATED SHE WOULD TAKE THIS ACTION TOO SOMEONE HIGHER IF NECESSARY. CHAIRMAN DYKES ASKED FOR PUBLIC INPUT REGARDING THE REGUEST FROM TOM SULLIVAN, OF PILGRIMS POINT SUBDIVISION, FOR A VARIANCE TO HAVE A SIGN PUT ON EACH SIDE OF THE SUBDIVISION ENTRY WALL LOCATED AT THE CORNERS OF WINDING WAY AND CHARLESTON STREETS. TOM SULLIVAN, WHO IS A MEMBER OF THE BOARD OF ADJUSTMENT, FELT AT THIS TIME HE WOULD LIKE TO TABLE HIS APPLICATION UNTIL THERE WERE MORE MEMBERS OF THE BOARD PRESENT. DISCUSSION FOLLOWED. 1 CHAIRMAN DYKES ASKED FOR PUBLIC INPUT REGARDING REQUEST FROM WILLIAM J. LAMBERT, . 5126 WHITTIER OAKS, WEDGEWOOD VILLAGE SUBDIVISION, TO REQUEST A VARIANCE OF LOT SIZE. THE APPLICATION OF RICHARD LAMBERT, OF 5122 WHITTIER OAKS, WEDGEWOOD VILLAGE SUBDIVISION, TO REQUEST A VARIANCE OF LOT WAS ALSO DISCUSSED. THERE WAS MUCH DISCUSSION ON' THE ABOVE TOPICS. THE .TWO BUILDERS HAD MET THE 25 ' FRONTAGE AND THE 10 ' SIDE SETBACK REQUIREMENTS. THE LOTS WERE 75 ' WIDE. ' THE SUBDIVISION ORDINANCE NOW REQUIRES 90 ' WIDE LOTS. THE BOARD COULD SEE NO ' REASON WHY THIS APPLICATION HAD COME BEFORE THE BOARD FOR A VARIANCE. - THE TWO BUILDERS SAID THEY HAD TALKED TO RUTH HENRY WHO TOLD THEM THAT BECAUSE THEIR LOTS WERE UNDER 90 ' IN WIDTH, YOU HAD -TO GO BEFORE THE BOARD OF ADJUSTMENT FOR A VARIANCE IN ORDER TO RECEIVE A BUILDING PERMIT. THE BOARD OF ADJUSTMENT SECRETARY, JANE TOLLETT, STATED THAT WHEN THE GENTLEMEN CAME TO HER OFFICE FOR AN APPLICATION, SHE CALLED RUTH HENRY ON THE TELEPHONE AND WAS TOLD THEY DID INDEED NEED A VARIANCE IN ORDER TO OBTAIN A PERMIT TO BUILD. DISCUSSION FOLLOWED. HEARING NO FURTHER INPUT, CHAIRMAN DYKES CLOSED THE PUBLIC HEARING. CHAIRMAN DYKES ASKED FOR ANY INPUT ON THE APPLICATION OF MR. A.P. NICKERSON, 905 BRIARMEADOW. MR. NICKERSON STATED THAT HE FELT THAT THERE WAS REALLY NOT A THING THAT' MRS. BRAUN COULD DO. THE CARPORT WILL BE IN THE BACKYARD AND IT WILL BE FINISHED TO LOOK LIKE HIS HOME. HOWARD YEAGER STATED HE HAD PROBLEMS WITH THE DISTANCE OF 3 ' FROM THE PROPERTY LINE AND THERE HAS NEVER BEEN A 3 'SIDE SETBACK IN FRIENDSWOOD. CHAIRMAN ASKED MR. NICKERSON IF HE COULD HANDLE A 5 ' SETBACK AND COULD YOU ADD MORE CONCRETE? HE SAID HE COULD IF HE HAD TOO, BUT IT WOULD COST A CONSIDERABLE AMOUNT MORE MONEY. STEVE JOHNSON READ FROM THE OCTOBER MINUTES, WHICH STATED THAT THE ARCHITECTURAL COMMITTEE SAID IT. WAS ALRIGHT TO . BUILD, BUT THE BYLAWS HAVE NOT BEEN CHANGED AS YET IN THE HOMEOWNERS ASSOCIATION. THE BOARD DISCUSSED THE POSSIBILITY OF MR. NICKERSON BUILDING A GARAGE INSTEAD OF A CARPORT-PERHAPS THAT WOULD MAKE THE HOMEOWNERS HAPPIER. MR. NICKERSON. SAID HE WOULD HAVE TO THINK ABOUT THE MUCH GREATER COST INVOLVED. STEVE JOHNSON MADE THE MOTION TO DENY THE 3 ' SIDE SETBACK. HOWARD YEAGER SECONDED. MOTION DENIED UNANIMOUSLY. CHAIRMAN DYKES ASKED FOR SOMEONE TO MAKE A MOTION TO REQUEST A 5 ' VARIANCE. NO ONE WOULD MAKE THE MOTION. HOWARD YEAGER MADE THE MOTION TO DENY THE 5 ' VARIANCE UNTIL THE BOARD HEARD FURTHER INPUT FROM THE PEOPLE IN REGENCY ESTATES SUBDIVISION. MARY ELLEN BELLARD SECONDED. MOTION PASSED UNANIMOUSLY. 2 STEVE JOHNSON MADE THE MOTION THAT MR. NICKERSON COULD COME BEFORE THE BOARD AT ANY TIME WITH NO FEE INVOLVED IN THE FUTURE. HOWARD YEAGER SECONDED. MOTION PASSED UNANIMOUSLY. TOM SULLIVAN TABLED HIS APPLICATION UNTIL FURTHER NOTICE. THE TWO BUILDERS, WILLIAM J. AND RICHARD LAMBERT, CASES WERE HEARD TOGETHER. TOM SULLIVAN MADE THE MOTION THAT THE LAMBERT'S DO NOT NEED A VARIANCE AND THAT THEY SHOULD HAVE A REFUND OF APPLICATION FEE 'S. SECONDED BY STEVE JOHNSON. MOTION PASSED UNANIMOUSLY. CHAIRMAN DYKES READ A MEMO REGARDING THE APPOINTMENT AND REAPPOINTMENT OF MEMBERS TO THE BOARD OF ADJUSTMENT FOR 1986. THE REGULAR MEMBERS WERE REAPPOINTED. THE ALTERNATE MEMBERS WERE REAPPOINTED, WITH THE EXCEPTION OF WALLY HUTCHINSON. CHAIRMAN DYKES READ A LETTER FROM DELORIS MCKENZIE, CITY SECRETARY,REGARDING THE APPOINTMENT OF A MEMBER FROM THE BOARD OF ADJUSTMENT FOR THE RECONCILIATION COMMITTEE. IT WAS DECIDED THE CHAIRMAN DYKES SHOULD BE THAT APPOINTEE. THE MINUTES WERE PRESENTED AND APPROVED FROM OCTOBER 22, 1985. MOTION WAS MADE AND SECONDED TO ADJOURN AT 7:50 P.M. ED DYKES, CHAIRMAN JANE TOLLETT SECRETARY 3