HomeMy WebLinkAboutZBOA Minutes 1987-10-27 Regularj
REGULAR MEETING BOARD OF ADJUSTMENT OCTOBER 27, 19 87
MINUTES OF THE OCTOBER QUORUM:
OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT CITY OF FRIENDSWOOD WHICH WAS HELD AT CITY HALL ON 27, 1987 WITH THE FOLLOWING MEMBERS CONSTITU TING A
CHAIRMAN REGULAR MEMBER REGULAR MEMBER REGULAR MEMBER REGULAR MEMBER ALTERNATE MEMBER ALTERNATE MEMBER BUILDING INSPECTOR SIGN CODE ENFORCEMENT OFFICER ASSISTANT TO CITY SECRETARY
HAL TAYLOR MAURICE ESTLINBAUM DR. TOM SULLIVAN ELVIA SALYER STEVE JOHNSON MARY ELLEN BELLARD HOWARD YEAGER (ARR.8:10) NICK CAPUANO CAROLYN MA-UTNER JANE TOLLETT
CHAIRMAN HAL TAYLOR CALLED THE MEETING TO ORDER. MARY ELLEN BELLARD WAS APPOINTED REGULAR MEMBER FOR THIS MEETING.
CHAIRMAN TAYLOR ELMO ROBINSON, LOCATION OF 2311 TO SEEK VARIANCE FEET 8 INCHES.
CALLED FOR PUBLIC INPUT REGARDING REQUEST FROM JR. OF AMERICAN CRAFTSMAN HOMES, INC. AT THE SOUTH MISSION CIRCLE, CARMEL VILLAGE SUBDIVISION TO CHANGE REAR BUILDING LINE FROM 25 FEET TO 24
TOTALLY MR. ROBINSON STATED THAT THE HOME IS CONSTRUCTED AND COMPLETED AND WHEN NICK CAPUANO, BUILDING INSPECTOR, MADE THE FINAL INSPECTION, THE MEASUREMENT OF THE BUILDING LINES WERE INACCURATE AND INSIDE THE 25 FOOT REAR BUILDING LINE. DISCUSSION FOLLOWED BY ALL THE BOARD.
CHAIRMAN TAYLOR CALLED FOR PUBLIC INPUT REGARDING REQUEST FROM BILL GRAY OF 1106 MYRTLEWOOD, LONGWOOD PARK SUBDIVISION, TO REQUEST VARIANCE OF (A) HOME 25 FEET FROM REAR PROPERTY LINE OR (B)HOME 25 FEET FROM REAR PROPERTY LINE AND 10 FEET FROM RIGHT PROPERTY LINE.
MRS. BILL GRAY TOLD THE BOARD THAT HER AND HER HUSBAND WERE AWARE WHEN THEY PURCHASED THE LOT, OF THE UNIQUE SHAPE AND THERE WAS A 25 FOOT PIPELINE EASEMENT IN THE REAR OF THE PROPERTY. THEY WOULD LIKE TO SAVE AS MANY OF THE TREES AS THEY CAN SO THEY HAVE TO SITUATE THE GARAGE IN THE REAR YARD. THERE WAS A GREAT DEAL OF DISCUSSION REGARDING THIS APPLICATION FROM THE BOARD AND NICK CAPUANO. HE STATED SEVERAL PEOPLE HAVE COME TO HIM AND INQUIRED REGARDING THE PLACING OF A HOME ON THIS LOT AND DECIDED AGAINST PURCHASING IT BECAUSE OF THE PIPELINE EASEMENT IN THE REAR YARD.
THE NEXT DOOR NEIGHBOR, MR. KOGER, STATED HE FEELS THE LOTS INTHE SUBDIVISION WERE DESIGNED IN THE BEGINNING so THE HOMES BUILT I IWOULD BE AS FAR APART AS POSSIBLE. THE LOCATION OF THE HOME ON THE MENTIONED LOT WOULD BE TOO CLOSE TO HIS HOME. THE BOARD DISCUSSED THIS ITEM AT LENGTH. THEY GAVE MRS. GRAY SEVERAL SOLUTIONS TO HELP HER MAKE A DECISION REGARDING THE BUILDINGLINES AND SETBACKS AND SHE DECIDED SHE NEEDED TO TALK THIS OVERWITH HER HUSBAND BEFORE MAKING A FINAL DECISION,
CHAIRMAN TAYLOR CALLED FOR PUBLIC INPUT RGARDING REQUEST FROMEARL GARDNER OF GRACE FAMILY FELLOWSHIP LOCATED AT 209 FRIENDSWOOD DRIVE TO SEEK VARIANCE FROM SIGN ORDINANCE TO INSTALLA 5 FOOT X 10 FOOT FREE STANDING SIGN.
EARL GARDNER AND DARYLL BOLDING TOLD THE BOARD THAT THEIR CHURCHIS BEING SHARED IN THE SAME BUILDING AS AN AUTO PARTS STORE ANDTHEY COULD SHARE THEIR SIGN, BUT THEY FEEL THEY NEED THEIR OWNBECAUSE THE SIGN IS .70 FEET AT THE OTHER END OF THE BUILDING ANDTHEY WANT TO HAVE PEOPLE DRIVING BY THE CHURCH KNOW THEIRMINISTRY IS THERE AND EASILY VISIBLE AT FIRST GLANCE. EARLGARDNER, THE MINISTER, HAS MADE A DOWN PAYMENT ON THE SIGN WHICHWILL BE LIGHTED AND IS ATTRACTIVE TO THE COMMUNITY AND THEIRCHURCH IS GROWING AND THEY FEEL THAT THEY WILL BE IN A NEWBUILDING IN THE NEAR FUTURE. THE BOARD DISCUSSED WITH THEM OTHEROPTIONS SUCH AS DIRECTIONAL SIGNS THROUGHOUT THE CITY SUCH ASOTHER CHURCHES HAVE.
CHAIRMAN TAYLOR CALLED FOR CONSIDERATION AND POSSIBLE ACTIONREGARDING REQUEST FROM ELMO ROBINSON, JR. OF AMERICAN CRAFTSMANHOMES, INC. AT THE LOCATION OF 2311 SOUTH MISSION CIRCLE, CARMELVILLAGE SUBDIVISION TO SEEK VARIANCE TO CHANGE REAR BUILDING LINEFROM 25 FEET TO 24 FEET 8 INCHES.
**DR. TOM SULLIVAN CHANGE REAR BOLDINGMISSION CIRCLE. MAURICE ESTLINBAUMUNANIMOUSLY.
MADE THE MOTION TO GRANT THE VARIANCE TOLINE TO 24 FEET 8 INCHES AT 2311 SOUTH
SECONDED THE MOTION. MOTION APPROVED
DISCUSSION WAS HELD REGARDING REQUEST FOR CONSIDERATION ANDPOSSIBLE ACTION FROM BILL GRAY OF 1106 MYRTLEWOOD, LONGWOOD PARKSUBDIVISION, TO SEEK VARIANCE OF (A) HOME 25 FEET FROM REARPROPERTY LINE OR (B) HOME 25 FEET FROM REAR PROPERTY LINE AND 10FEET FROM RIGHT PROP ERTY LINE.
IT WAS DECIDED TO TABLE THE REQUEST UNTIL THE NEXT MEETING.
ALTERNATE MEMBER HOWARD YEAGER ARRIVED AT THIS TIME.
DISCUSSION WAS HELD REGARDING REQUEST FOR CONSIDERATION AND POSSIBLE ACTION FROM EARL GARDNER OF GRACE FAMILY FELLOWSHIP i 11 LOCATED AT 209 FRIENDSWOOD DRIVE TO SEEK VARIANCE FROM SIGN ORDINANCE TO INSTALL A 5 FOOT X 10 FOOT FREE STANDING SIGN.
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FROM SIGN ORDINANCE TO INSTALL ONE 4X8 FOOT FREESTANDING SIGN.
BILL STAGNER STATED THAT HIS BUSINESS NEEDS MORE VISABILITY TO ATTRACT MORE PEOPLE TO HIS STORE. HE FEELS THAT THE SIGN ORDINANCE ALLOWS A SIGN ONE PLACE AND IT IS DISALLOWED IN ANOTHER AND THIS IS UNFAIR TO BUSINESS. IN ORDER TO ATTR ACT MORE PEOPLE AND LET THEM KNOW HE IS THERE AND ESPECIALLY THROUGH THE HOLIDAY SEASON, HE IS ASKING FOR THIS SIGN. DISCUSSION FOLLOWED AT LENGTH.
CHAIRMAN TAYLOR CALLED FOR PUBLIC INPUT REGARDING REQUEST FROM DON BEETH, OF FRIENDLY COMPUTERS, 126 A. SOUTH FRIENDSWOOD DRIVE, CAPTAIN'S CORNER SHOPPING CENTER, TO SEEK VARIANCE FROM SIGN ORDINANCE TO INSTALL ONE 4X8 FOOT FREESTANDING SIGN.
JIM PENDLEN, ATTORNEY REPRESENTING DON BEETH SPOKE FOR HIM STATING THAT WITHOUT A FREESTANDING SIGN HIS BUSINE SS IS WORTHLESS, HE IS ASKING FOR ONE OF THREE OPTIONS: 1) A PERMANENT FREESTANDING SIGN 2) PERMANENT VARIANCE ON FREESTANDING SIGN OR 3)A TEMPORARY VARIANCE FOR A SPECIFIED AMOUNT OF TIME.HE TOLD THE BOARD THAT IF ONE OF THE THREE IS NOT GRANTED HIS BACK IS UP AGAINST THE WALL AND A POSSIBLE LAWSUIT WILL FOLLOW TO INQUIRE AS TO THE EFFECTIVENESS OF THE SIGN ORDINANCE IN THE CITY OF FRIENDSWOOD, DISCUSSION FOLLOWED AT LENGTH.
CHAIRMAN TAYLOR EARL GARDNER, OF TO SEEK VARIANCE FREESTANDING SIGN.
CALLED FOR PUBLIC INPUT REGARDING REQUEST FROM GRACE FAMILY FELLOWSHIP, 209 FRIENDSWOOD DRIVE, FROM SIGN ORDINANCE TO INSTALL ONE 5X10 FOOT
THE APPLICANT REGARDING THE ABOVE REQUEST DID NOT APPEAR AT THE MEETING.
CHAIRMAN TAYLOR CALLED FOR CONSIDERATION AND POSSIBLE ACTION REGARDING REQUEST FROM BILL GRAY OF 1106 MYRTLEWOOD, LONGWOOD PARK SUBDIVISION TO SEEK VARIANCE OF 13 FOOT REAR SETBACK.
**DR. TOM SULLIVAN MADE THE MOTION TO GRANT THE VARIANCE OF A 13 FOOT REAR SETBACK AT THE LOCATION OF 1106 MYRTLEWOOD. ELVIA SALYER SECONDED THE MOTION. THE MOTION WAS UNANIMOUS.
CHAIRMAN TAYLOR CALLED FOR CONSIDERATION AND POSSIBLE ACTION REGARDING REQUEST FROM BOBBY CARTER, OF KUSTOM PAINT & INTERIORS, 140 WEST PARKWOOD, FRIENDSWOOD CROSSING SHOPPING CENTER, TO SEEK VARIANCE FROM SIGN ORDINANCE TO INSTALL ONE 4X6 FOOT FREESTANDING SIGN.
**HOWARD YEAGER MADE THE MOTION TO GRANT THE VARIANCE TO KUSTOM PAINT TO INSTALL A ONE 4X6 FOOT FREESTANDING SIGN, THE MOTION DIED FOR LACK OF A SECOND.
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CHAIRMAN TAYLOR CALLED FOR CONSIDERATION AND POSSIBLE ACTION REGARDING REQUEST FROM BILL STAGNER, OF WEDGEWOOD JEWELERS 636 SOUTH FRIENDSWOOD DRIVE, STONESTHROW SHOPPING CENTER, TO SEEK VARIANCE FROM SIGN ORDINANCE TO INSTALL ONE 4X8 FOOT FREESTANDING SIGN.
**DR. TOM SULLIVAN MADE THE MOTION TO GRANT THE VARIANCE TO BILL STAGNER TO INSTALL A 4X8 PERMANENT FREESTANDING SIGN. THE MOTION DIED FOR LACK OF SECOND.
**STEVE JOHNSON MADE THE MOTION TO GRANT THE VARIANCE TO BILL STAGNER THIS DATE TO INSTALL A 4X8 TEMPORARY FREESTANDING SIGN THIS DATE UNTIL JANUARY 1, 1988. HOWARD YEAGER SECONDED THE MOTION. THE MOTION FAILED 2 TO 3. TAYLOR, SALYER AND SULLIVAN OPPOSED.
CHAIRMAN TAYLOR CALLED FOR CONSIDERATION AND POSSIBLE ACTION REGARDING REQUEST FROM DON BEETH, OF FRIENDLY cokPUTERS, 126 A. SOUTH FRIENDSWOOD DRIVE, CAPTAIN'S CORNER SHOPPING CENTER, TO SEEK VARIANCE FROM SIGN ORDINANCE TO INSTALL ONE 4X8 FOOT FREESTANDING SIGN.
CHAIRMAN TAYLOR TOLD THE BOARD AND MEMBERS OF THE AUDIENCE HE HAD SPOKEN TO CITY ATTORNEY JOHN OLSON REGARDING THE SECTION IN THE SIGN ORDINANCE IN QUESTION. JOHN OLSON'S OPINION IS THAT IN A COURT ACTION THE SPECIFIC WOULD BE RULED OVER THE GENERAL IN LAW; THEREFORE, IN HIS OPINION, THAT PORTION OF THE SIGN ORDINANCE (SECTION 21.C AND SECTION D.2) IN QUESTION WILL HOLD IN A COURTOF LAW.
**HOWARD YEAGER MADE THE MOTION TO GRANT A VARIANCE TO DON BEETH, FRIENDLY COMPUTERS, TO SEEK VARIANCE TO INSTALL ONE 4X8 FOOT PERMANENT FREESTANDING SIGN. THE MOTION DENIED FOR LACK OF A SECOND.
AT THIS TIME DON BEETH STATED HE DID NOT WANT A TEMPORARY VARIANCE AND STATED HE WANTED TO GO ON RECORD THAT HE WITHDREW ALL OTHER MOTIONS BEFORE THE BOARD OF ADJUSTMENT.
JIM PENDLAND SPOKE FOR MR. CARTER OF KUSTOM PAINT THAT HE DID NOT UNDERSTAND THE VARIANCE GRANTED EARLIER AND HE WAS CONFUSED. HE ASKED THE BOARD IF HE COULD REQUEST A TEMPORARY VARIANCE.
**HOWARD YEAGER MADE THE MOTION TO GRANT THE VARIANCE TO INSTALL A TEMPORARY SIGN UNTIL.JANUARY 1; 1988. THE MOTION FAILED FOR LACK OF A SECOND.
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THE MINUTES FROM THE REGULAR MEETING OF AUGUST 25, 1987 WEREAPPROVED AS REVISED.
THE MEETING ADJOURNED AT 8:30 P.M.
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HAL TAYLOR, CHAIRMAN �7
Q���¥ ASSISTANT TO CITY SECRETA:
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