HomeMy WebLinkAboutZBOA Minutes 2014-07-22 Regular 1
ZONING BOARD OF ADJUSTMENT
1. The meeting was called to order at 7:05 pm with the following people in attendance:
Vice Chairman Greg Hughes Alternate Member Mike Czarowitz
Regular Member Steve Knis Alternate Member Linda Thornton
Regular Member Delvin Kendrick City Attorney Xochtyl Greer
Building Official Frank Manigold Board Secretary/City Planner Aubrey Harbin
Development Coordinator Becky Summers Planning Manager/PIO Nick Haby
Chairman Ron Dyer and Regular Member David O’Brien III were absent.
Vice Chairman Hughes explained the process of the meeting, the votes required and the
appeal process. He also asked everyone who would be speaking either for or against an
item to raise their right hand and swore them in stating that they would tell the whole truth
in their statements.
2. The Board will conduct a public hearing and considered a request seeking to reduce the
dense vegetation/opaque fence height from a height of 8 feet to 5 feet or less or a
reduced height that the board would approve at E FM 528 (no address assigned),
being .5965 acres out of Reserve H, Block 17 Forest Bend Section 3, Friendswood,
Harris County, Texas
1) Staff Presentation – not requested by Chairman
2) Applicant Presentation
Martin Walsh, owner of Tires by Design, explained that his request for a
reduction to 3’ of screening was denied last month. He then presented several
slides showing different decibel levels to address noise concerns from the
previous meeting. Several more slides showed an 8’ pole, a superimposed fence
and staff member Harbin for height references in an effort to depict how an 8’
opaque fence would appear on the property. Walsh stated he did not see any other
businesses in the City that had an 8’ fence along their side property line and felt
the end result would not be aesthetically pleasing.
3) Public Comments
None
MINUTES OF A
REGULAR MEETING HELD
TUESDAY, JULY 22, 2014 AT 7:00 PM
CITY HALL COUNCIL CHAMBERS
910 S. FRIENDSWOOD DRIVE
FRIENDSWOOD, TEXAS
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4) Consideration of Evidence by Board
Knis asked if the fence in the photographs was Photoshopped in. Walsh
responded it was.
Knis asked how many bays would the building have and would the employees be
working outside of those bays. Walsh responded there would be 3 doors
containing a total of 5 bays and the employees would not be operating outside of
the building. Knis stated if all 5 bays were operating air wrenches simultaneously,
the high pitched noise would be great. Walsh explained 5 bays operating
wrenches at the same time would be highly unlikely and the wrenches only emit
noise briefly.
Kendrick asked which way the bays would be facing. Walsh stated the bays will
face west toward the wall and he feels an 8’ wall would exacerbate the noise.
Kendrick asked why a wall was being discussed when the Planning and Zoning
Commission had approved the use of dense vegetation. Walsh explained the use
of a wall vs vegetation would be at the owner’s discretion. Due to the difficulty
finding vegetation that could be planted at 8’ and span the length of the property,
he was considering the fence instead. Walsh stated 8’ of vegetation would be
difficult and costly to maintain.
Hughes inquired what kind of vegetation. Walsh stated the plant type would be
selected based upon what height the Board approved. Walsh stated his preference
would be a 1-2’ berm plus 3’ of bush/tree. Hughes then asked about drainage.
Walsh explained he is currently working with his engineer to decide how to
handle drainage. One option is to install underground drainage and the cost is
expected to be in the $150,000 range.
Hughes asked where the property line lies. Walsh stated the property line is
depicted by the fence location in his slides.
Hughes asked again what type of vegetation is being proposed. Walsh explained
the ordinance calls for evergreen and he feels that would look better than a
fence/wall.
City Planner Harbin stated there is a 3 foot maximum on berms and explained
there is a definition of vegetation in city code and city staff will verify and
enforce that appropriate vegetation be used.
Knis asked what type of vegetation.
Building Official Manigold stated vegetation must be full height at the time of
planting.
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Knis asked the applicant, Walsh, what height he is requesting. Walsh stated he
would prefer a 2’ berm and 3’ of vegetation. He stated that is about the height of a
car and would block the view.
Knis asked Walsh if he would oppose planting smaller trees but agreeing to let
them grow in time. Walsh stated if he is required to maintain 8’ of trees, he may
rethink the entire development.
City Attorney Greer stated a temporary special exception can only be granted for
90 days which would probably not be enough time to reach full height.
Hughes stated he felt the vegetation was a good idea but the board needed to
know what type of vegetation. Walsh responded he needs to know what height is
required so he can select applicable vegetation.
A. A variance from Appendix C - Zoning Ordinance, Section 7.Q.2. Residential
Regulation Matrix
Motion to approve: Hughes
Second: Czarowitz
Vote: 3 to 2 Motion Failed
Against: Thornton, Kendrick
B. A special exception to Appendix C - Zoning Ordinance Section 7.Q.2. Residential
Motion to approve: Knis
Second: Hughes
Vote: 3 to 2 Motion Failed
Against: Thornton, Kendrick
C. An appeal to Appendix C - Zoning Ordinance Section 7.Q.2. Residential
Motion to approve: Knis
Second: Czarowitz
Vote: 2 to 3 Motion Failed
Against: Thornton, Kendrick, Czarowitz
5. Consideration and possible action regarding approval of minutes for the:
A. June 19 regular and special meeting
Motion to approve: Czarowitz
Second: Kendrick
Vote: 3 to 0 Motion Carried
Knis and Hughes did not vote.
6. Comments from Board Members
None
7. Staff and/or Council or Board Liaison Reports
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Building Official Manigold reported that the Board Liaison was unable to attend due to a
conflicting meeting at the Galveston County Consolidated Drainage District.
8. The meeting adjourned at 7:47pm.
Respectfully submitted by: Approved by:
_____________________________________ ____________________________________
Becky Summers, Development Coordinator Ron Dyer, Chair