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HomeMy WebLinkAboutZBOA Minutes 1973-09-06 Special MINUTES OF A MEETING OF THE FRIENDSWOOD BOARD OF ADJUSTMENT September 6, 1973 The following Board members were present: Mrs. Ivy Fossler, Chairman Mr. Bruce Foster, Co-Chairman Mr. George Rummel , Secretary Mr. William E. Dykes Mrs. Bernice Box Absent: Mr. William H. Taylor - Alternate The meeting was brought to order by Mrs. Fossler at 7:45 P.M. Mrs. Fossler asked if any members had the name of someone who would be willing to serve on our Board as an additional alternate. Mr. Foster submitted the name of Mr. Jesse H. Williams, 503 Clearview. Mr. Williams had been approached by Mr. Foster and expressed his willingness to serve. After discussion, motion • was made by Foster, seconded by Dykes , that Mr. Williams be recommended to Council as an alternate member of our Board. Motion carried unanimously. Rummel stated that he had never received a written notice of tonights meeting and Foster did not get one for the previous meeting. These notices are being sent out by Mrs. Bobbie Henry two weeks in advance of a meeting. After dis- cussion it was decided that Mr. Bruce Foster would call every member several days before each meeting as an additional reminder. The next order of business was to hear a request by Mr. Wilford R. Simpson for a Certificate of Compliance to build apartments at the corner of Winding Way and FM 528, lots 54 and 55, Voss Subdivision. This Certificate had been denied by the Friendswood Planning and Zoning Commission (FPZC) in their meeting on July 20, 1973, copy attached (exhibit 1 ) . Mr. Simpson was asked to state his case. Mr. Simpson's testimony was approximately as follows : He (Mr. Simpson) purchased the land in early 1972 after talking to Mr. Cline and Mr. Koppa (at that time Chairman of FPZC) , both of whom told him he could build apartments on this land as it was zoned C-1 Commercial . There is no written record of these conversations. Sometime later Mr. Simpson found out 'I that a new zoning ordinance was in the making, which would prohibit multi- housing from being build in the C-1 Commercial zoned areas. He appeared before the City Council on September 18, 1972, copy of minutes attached (exhibit 2) , and was told by Council he could obtain building permits until the ordinance is changed. Council also suggested he discuss the matter with FPZC. Then followed a series of meetings with FPZC , of which, for some reason, no minutes were kept, or are available. Mr. C. C. Bost and Tracy Spears, both members of FPZC who were present at these meetings, were called into our meeting to hear Mr. Simpson's statement. Mr. Roger Koppa, former Chairman of FPZC has resigned from same and is not available. Mr. Simpson said he submitted a plat plan for his apartment project, which was turned down by FPZC, because the car parking was not satisfactory and the buildings were too close to the property line. He estimated this was 2 to 3 weeks after the Council ruling of September 18, 1972. He finally got verbal approval of a revised plat plan by FPZC about a month after his first plan was turned down. This was in the late fall of 1972. At that time he was told he would have one (1 ) year to obtain a Building Permit under the City regulations, but was not told he must apply for a Certificate of Compliance before the zoning regulations were changed. He (Mr. Simpson) did not apply for the Certificate and the new ordinance, Ordinance No. 174, was passed on January 15, 1973, which prohibits multi-family building on C-2 Commercial property. Messrs. Bost and Spears both testified that Mr. Simpson's statement was basically correct to the best of their recollection and that Mr. Simpson had received verbal approval from FPZC to build his apartments. When Mr. Simpson finally applied for a Certificate of Compliance it was denied by FPZC in their meeting of July 23, 1973 (see exhibit 1 ) , because Ordinance No. 174 prohibits same (See letter of Leah North to Mr. James Morgan, exhibit 3) . Mr. Bruce Foster moved that the ruling of FPZC be reversed and a Certificate of Compliance be issued to Mr. Simpson to build apartments on his property because • permission was originally granted by FPZC verbally before the new ordinance was passed, but he was not properly instructed by them to get his Certificate of Compliance before it became law. Motion was seconded by Mrs. Box. Mrs. Fossler added an addendum to the motion, pointing out that the new Ordinance No. 174 made provision for projects that were in process before the ordinance became law. This provision is under "Purpose, paragraph 4, note d" at the bottom of page 37. It reads as follows : "Provided a Certificate of Zoning Compliance is issued for an apartment prior to December 31 , 1972, such certificate shall expire for purposes of obtaining a Building Permit one year from date of issue. " The motion and the addendum were approved unanimously by all the Board Members. The Secretary was instructed to write Mr. Simpson a letter giving him the details of our decision. One of the details is that Mr. Simpson must apply for and obtain his Certificate of Compliance before December 31 , 1973 and receive his Building Permit within a year after the date of the certificate. Meeting was adjourned at 9:15 P.M. Respectfully submitted, George W. Rummel , Secretary GR.mw Friendswood Board of Adjustment cc: Mayor Lowe Jim Morgan, City Manager FPZC All Members, Board of Adjustment NOTICE OF MEETING NOTICE IS HEREBY GIVEN that the Friendswood Zoning Board of Adjustment will be in session at 7:30 p.m. on Thursday, September 6, at the City Hall , 109 Willowick, Friendswood, Texas, to hear an appeal from the decision of the Zoning Administrator, to wit: a Request from Mr. Simpson to build apartment houses • in a commercial zone, part of Lots 54 and 55, Voss Subdivision, Galveston County, Texas. (2.8 acres) ZONING BOARD OF ADJUSTMENT Mrs. Ivy Fossler, Chairman r CORRECTION TO MINUTES OF THE FRIENDSWOOD BOARD OF ADJUSTMENT MEETING OF SEPTEMBER 6, 1973 The last paragraph on page 2 of the above subject minutes should be changed to read as follows : The Secretary was instructed to write Mr. Simpson a letter giving him the details of our decision. One of the details is that Mr. Simpson must apply for and obtain his Certificate of Compliance and Building Permit before Decem- ber 31 , 1973. Respectfully submitted, George W. Rummel , Secretary Friendswood Board of Adjustment GWR:mw cc: Planning Commission Mayor City Manager City Administrator Membgrs of Board of Adjustment File