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HomeMy WebLinkAbout07-01-2008 ZBOA Regular Meeting-600 Northfield Drive DATE SCHEDULE FOR ZONING BOARD OF ADJUSTMENT Name of Applicant: Brian Seiler Location of Property: 600 Northfield Dr Galveston County Texas Reason for Variance: Seeking a variance for property located at 600 Northfield Dr. Lot 13 Block 2 Northfield Estates, a subdivision in Galveston County Texas of required twenty-five (25) foot rear yard setback of Appendix C — Zoning Section 7.Q.3., Regulations Matrix Residential Districts of the Friendswood City Code to allow a newly constructed home already constructed beyond the rear yard and setback line Proposed Done Public Hearin Date: 07/01/08 Application received in City Secretary's office 06/12/08 Request CDD office to furnish name of property owners within 200 feet 06/12/08 Notification Itr sent to Board with general info Staff/City Attorne 06/13/08 Letters mailed to property owners within 200 feet 10 days prior to Hearin 06/19/08 Agenda and packet sent to Board 06/26/08 ✓ Agenda posted and sent: M,C,CM, CA, Staff & Property Owner 06/26/08 Public Hearing held 07/01/08 Decision made by the Zoning Board of I rig Ad'ustment & signed by Chair I Applicant has been notified by copy signed by Chair g Employee Time Maintenance Page 1 of 1 06/26/2008 13:37 17:36 3.98 9.01 http://cof-c2g-srv:7021/ExecuTime/TimeEntryMaintenanceHistory.do?selectedUserld=56 7/25/2008 MILEAGE REIMBURSEMENT FORM -Melinda Welsh Date Destination Purpose Miles 5/13/2008 PSB Hurricane Meeting 4.70 5/31/2008 City Hall-Saturday bum agenda packet CD for Councilmember 6/11/2008 TMCA Seminar-Nassau Bay certification test 40.00 6/12/2008 TMCA Seminar-Nassau Bay seminar 40.00 6/13/2008 TMCA Seminar-Nassau Bay seminar 40.00 6/26/2008 Post office take agendas 2.40 127.10 miles x.505% 7/25/2008 Vehicle Mileage-Melinda Welsh ,RG=QvL37� .SG`C1.4G �l30,'� ;�,{GG>truG- ,� s✓'i co U, JUN 2008 FRIENDS OD ZONING BOARD OF ADJUSTMENT RECOO GTYOFFDirmAkWOQp DV ti r equest for Variance ❑ Request for Appeal •ice ti Fee: $I00 Fee Paid(date): ` ) Phone: ILa-V e�eC�% aBl�Z''Applicant's Name: AA Property Address: c20 VeZ;� /'1-e �/� �lF���� t�� �!<'< ��v`�' e(� Legal Description of roperty attach certified metes &bounds): Ze3 T 1.3 C' Vt'/ Coun : '4 o �� (�- Printed Name of Owner ddress of Owner Date Designated Representative Signature of Owner Date APPEAL:From what order, requirement, decision or determination of the administrative official is the aUeal being requested? l4POA/�C S�GT/ON 7,62,3 Aa'A /filer elIU4 9, 1e;1,w; 19 e pv .�?2�ra f e 1�'��'�t'c/ '<��l allelu/al -cad ��.l�7'�'G'r7,51ia�'f�.�m `9¢' /�'��'<.G'�:�✓Gc% i�iJ !'/��' ��".hf'�' �� l ' Y<«e'-, /Loz-v<=:ice ew;drv&P VARIANCE: From what ordinance(number and section)is the variance being requested? M ,ln e":5 '4 '4 94 419SiC:0 ;�P'� /l��ti Gfir%9 J i' ?i �i�is�✓ (Variance zequest cannot be for the purpose of rezoning—see Appendix( --Zoning,Section II B) Please state the grounds for the appeal/variance you are seeking: �S,//�iJui9a�El Ate /rme /.0s' e f �/��fs��+2,ye 8tft�r/%�/J�s"C� li.'9}�/-1 ��r�� �rGr�f�y— L��.�'��I� �� /��J�G'r.�/ /'/G'� / •�y�✓� F�1' �fr X�rLrG-fy YF� '�-wSe-wewr' /V-' 4a S'i PA2 Date &Time Received /�1� City fficial X Date DISPOSITION OF CASE BY ZBOA: APPEAL GRANTED: DENIED: MODIFIED: HOW MODIFIED: VARIANCE GRANTED: DENIED: GRANTED W/CONDITIONS: 4CO ITIONS: - r Cha' an Date 2/21/2008 CAUSE NO. �SS('ti/413� o BRENTWOOD CUSTOM § IN THE DISTRIC `UR HOMES,INC. § - § vs. § 3 § GALVESTON COUNTS SqP CITY OF FRIENDSWOOD, § to N TEXAS AND FRIENDSWOOD § ZONING BOARD OF § ADJUSTMENT § _�JUDICIAL DISTRICT PLAINTIFF'S ORIGINAL PETITION FOR WRIT OF CERTIORARI AND OTHER RELIEF TO THE HONORABLE JUDGE OF SAID COURT: BRENTWOOD CUSTOM HOMES, INC., Plaintiff, files its Original Petition for Writ of Certiorari and Other Relief, complaining of CITY OF FRIENDSWOOD, TEXAS AND FRIENDSWOOD ZONING BOARD OF ADJUSTMENT, Defendants, and shows the Court the following I.DISCOVERY CONTROL PLAN 1. Pursuant to Texas Rule of Civil Procedure 190.3, this case is governed by Level 2 Discovery Control Plan. H. PARTIES 2. Plaintiff, BRENTWOOD CUSTOM HOMES, INC., is a Texas corporation authorized to do business in Texas. 3. Defendant, CITY OF FRIENDSWOOD, TEXAS, is a municipality located in Galveston County, Texas, which may be served with process through it Mayor, David J. H. Smith, at 910 S.Friendswood Drive Friendswood, Texas 77546. 4. Defendant, FRIENDSWOOD ZONING BOARD OF ADJUSTMENT is an administrative board created pursuant to Chapter 211 of the Local Government Code by the CITY OF FRIENDSWOOD, TEXAS, and it may be served with process through Friendswood's Mayor, David J. H. Smith, at 910 S. Friendswood Drive Friendswood, Texas 77546. 1 III.JURISDICTION AND VENUE 5. The Court has jurisdiction over the Defendants, which are located in and conduct the public's business in Galveston, County,Texas. 6. The Court has jurisdiction over the subject matter, because the monetary relief is within the Court's jurisdictional limits, and because Chapter 211 of the Local Government Code expressly designates the district court as having jurisdiction to entertain appeals from board of adjustment decisions. 7. Venue is proper in Galveston County because the property that is the subject of this P P� tY litigation is located in Galveston, County. IV. SOVEREIGN IMMUNITY 8. Defendants do not enjoy sovereign immunity from either suit or liability, pursuant to Chapter 211 of the Local Government Code. V. FACTUAL BACKGROUND 9. Plaintiff, BRENTWOOD CUSTOM HOMES, INC. is a real estate developer. Plaintiff has constructed numerous real estate developments in the City of Friendswood over the past 20 plus years. The real estate development made the issue of this suit is Northfield Drive. Specifically, the real property in question is described as: 600 Northfield Drive, Lot 13, Block 2 Northfield Estates, as subdivision in Galveston County, Texas. 10. Plaintiff filed its site plans with the CITY OF FRIENDSWOOD, TEXAS on or around April 25, 2008. After the approval of the plans, Plaintiff began to construct a spec house at the 600 Northfield Drive, Lot 13, Block 2 site. After the completion of the framing of the improvement, CITY OF FRIENDSWOOD, TEXAS informed Plaintiff that it would have.to cease construction based on the CITY OF FRIENDSWOOD, TEXAS' contention that the improvement was built within the twenty-five (25) foot rear yard setback as per the City's Code. At that time, Plaintiff informed City officials that the City had already approved the site plans for the construction of the improvement. Attached as Exhibit A is a true and correct copy of the Site Plan for Lot 13, Block 2 Northfield Estates, Galveston County,Texas. I 11. Even if the Site Plan includes an encroachment on the municipal setback, it is de rninimis in its impact and there is no adjoining property that is impacted. Only ten (10) foot of the comer of the home is encroaching on the rear twenty-five(25) foot setback line. 12. City officials thereafter informed Plaintiff that it would have to seek a variance from the FRIENDSWOOD ZONING BOARD OF ADJUSTMENT. The City official stated to Plaintiff that a special hearing would be set for July 2, 2008, but that the FRIENDSWOOD ZONING BOARD OF ADJUSTMENT would send Plaintiff actual written notice of the hearing date. 13. On July 2, 2008, a city official contacted Plaintiff to inquire why Plaintiff failed to appear at the July 1, 2008 special meeting addressing Plaintiffs variance request. Plaintiff informed the City official that Plaintiff was unaware of the July 1, 2008 meeting. It was not until late in the evening on July 2, 2008 that Plaintiff received a copy of the July 1, 2008 agenda. Had Plaintiff known about the July 1, 2008 meeting, Plaintiff would have attended the same. As a result of not knowing about the meeting, Plaintiff did not appear and the FRIENDSWOOD ZONING BOARD OF ADJUSTMENT denied Plaintiffs variance. Attached hereto as Exhibit B is a copy of the July 1, 2008 Notice of Meeting. 14. Thereafter, the CITY OF FRIENDSWOOD, TEXAS notified Plaintiff in writing about the denial of the variance. Attached hereto as Exhibit C is a true and correct copy of the July 2, 2008 letter from the City. VI. CAUSES OF ACTION AND REMEDIES A. Judicial Review of Board Decision 15. Pursuant to Section 211.011 of the Local Government Code, BRENTWOOD CUSTOM HOMES, INC is filing this verified petition in the District Court within 10 days of the date upon which the decision of the Board of Adjustment is filed in the Board's office. The decision of the Board of Adjustment to deny BRENTWOOD CUSTOM HOMES, INC.'S variance application is illegal in whole or in part. Specifically, and as detailed exhaustively above, the City and the Zoning Board of Adjustment have failed to adhere to the legal, statutory and ordinance standards that require the issuance of the permit as requested by BRENTWOOD CUSTOM HOMES, INC. 16. BRENTWOOD CUSTOM HOMES, INC. asks that the Court grant a writ of certiorari directed to the FRIENDSWOOD ZONING BOARD OF ADJUSTMENT for review of its decision. The Board of Adjustment's return to the writ of certiorari must be t verified and concisely state any pertinent and material facts showing the grounds of its decision. The originals, sworn or certified copies of any documents should also be returned by the Board of Adjustment pursuant to the writ of certiorari. 17. BRENTWOOD CUSTOM HOMES, INC. also asks the Court to reverse the decision of FRIENDSWOOD ZONING BOARD OF ADJUSTMENT. The Court should also assess costs against the Zoning Board of Adjustment, as it acted with gross negligence, in bad faith, or with malice in making its decision. B. Violation of Due Process 18. Defendants have violated BRENTWOOD CUSTOM HOMES, INC.'S due process rights under Texas law and under the Texas Constitution by failing to give any notice, providing inaccurate and misleading notice, and enacting vague and indefinite regulations and then applying those regulations to BRENTWOOD CUSTOM HOMES, INC.'S application in an unauthorized, arbitrary, and capricious manner. In addition, the provisions contained in FRIENDSWOOD'S zoning regulations cited above are vague and indefinite, so that men of common intelligence must guess and differ as to the meaning of the regulations. The confusion that has resulted in this case renders the regulations fatally void for vagueness, and violates BRENTWOOD CUSTOM HOMES, INC.'S due process rights. C. Declaratory Judgment 19. BRENTWOOD CUSTOM HOMES, INC. also seeks declaratory relief against Defendants pursuant to Chapter 37 of the Civil Practice and Remedies Code. Specifically, Section 37.004(a) states "a person interested under a ...municipal ordinance...may have determined any question of construction or validity arising under the ...ordinance...and obtained a declaration of rights, status, or other legal relations thereunder." Accordingly, BRENTWOOD CUSTOM HOMES, INC. requests that the Court declare that it is entitled to a variance for property located at 600 Northfield Drive, Lot 13, Block 2 Northfield Estates, as subdivision in Galveston County,Texas of required twenty-five(25) foot rear yard setback of Appendix C-Zoning, Section 7.Q.3., Regulations Matrix Residential Districts of the Friendswood City Code to allow a newly constructed home already constructed beyond the rear yard and setback line. D. Monetary Relief 20. BRENTWOOD CUSTOM HOMES, INC. has incurred losses of revenue and will lose the value of the home it built in amounts within the jurisdictional limits of the Court, as a result of Defendants' denial of due process of these violations, unconstitutionally vague ordinances, and illegal interpretation of the ordinances. Specifically, if Defendants' regulations were constitutional and/or their interpretations were valid, BRENTWOOD CUSTOM HOMES, INC. would have received its requested variance and would be able to continue-with construction of the property. Instead, the construction has been halted and BRENTWOOD CUSTOM HOMES, INC. has continued to incur damages as a result of the delay in construction. E. Attorneys Fees and Costs 21. Pursuant to Section 37.009 of the Civil Practice and Remedies Code, BRENTWOOD CUSTOM HOMES, INC. also asks that Defendants be ordered to pay its reasonable and necessary attorneys fees and court costs. VH. PRAYER FOR RELIEF WHEREFORE, PREMISES CONSIDERED, Plaintiff, BRENTWOOD CUSTOM HOMES, INC. requests that Defendants, CITY OF FRIENDSWOOD, TEXAS AND FRIENDSWOOD ZONING BOARD OF ADJUSTMENT be cited to appear and answer herein, and that BRENTWOOD CUSTOM HOMES, INC.be awarded judgment as requested above against Defendants, along with pre and post judgment interest, court costs, attorney fees and such other and further relief to which it may be justly entitled. Dated: July 11, 2008 Respectfully submitted, Gregg& Gregg, P.C. Dick H.6fEd, r. Texas Bar No. 08429000 Christopher A. Gregg and Gregg Texas Bar No. 00796671 16055 Space Center Blvd., Ste 150 Houston, TX 77062 Telephone: (281)480-1211 Facsimile: (281)480-1210 . ATTORNEY FOR PLAINTIFF BRENTWOOD CUSTOM HOMES, INC. VERIFICATION STATE OF'T'F-XAS § COUNTY OF } 5 § BEFO}Z M?-, the undersigned Notary Public, on this day pmonally appeared BRIAN SEIC,ER, as pscsidcnt of BREN.TWOOD CUSTOM HOM~S,.INC. and stated to me undm oath the he has rrad the fcn-egoing Plai.ntiU's Origsal Pctition for Writ Of Cc [oruri and Off Relief and the facts thmi.n stated are wi-ffiin his pemoral knowledge and are true and correc t- BRENTWOOD CUSTOM HOMES,L NC_ rian 5ci`Icr SUBSCRPED AND SWORN TO BEFORE MP on this �o' day of Its{y, 2008_ 11.r1�'1� rS' NotwT Public in and the State of TEXAS OY m"imto EXHIBIT A 1 1t3T-4tsl-L ry r p.2 Vlay •L/ Ul 10:09P MIKe U. U�.ourcuoo .t.7:i17 '1tf14FltiS526 SNWCS SURVEtt7R5 LLC PACE 81/61 NAP OR PLAT RECORDED IN PLAT 2007A MAP 36-39 GALVESTON COUNTY MAP RECORDS. Tfie engird work 1s protected Und.r CepyKght Lows. Tide 17 Untied Slot" Code 101 and 102. AN Holaiors VA be prosecuted to the fUnset esleet Of tnc low.T i survey Is Going Provided solely for the Nse bf the reeipionts named heroHt and no T,cense has • Peen created, es press m impseQ• to eaPY the surrey eaept as la necessary in con)Actbn Ah the ort wO honrection, Which Cr shos Wks place dlhln thirty (30) days from the dole adjacent to the slgnaturs Nne hereon. OBoarintio booed on recorded plat Fourd or set icon coda at all comtxs. N Z W i 0 ) cr ` 11 a aai �� ds� ��i� \ N` tz a. rn LOT r] t � E I i� u I i i �• e • t a to � c J PROPOSED t�Lt Nl7ttSF • 1� 1 u j O aI L1 ' yea:1. a NNNN Y ssro� u v 1 1 in Dad. e ni 1—� � � .•s 1 ` �W c ar "I n Z c_ tr. O tA , ` 11 Oqx aZ � ..oz� ui <.r7o�ta C el tV t/ 1.,1.1. H moe^d Fx O c I / g �Gj _Nt�i�� .emu PLANS N m tJ qJ Clan- O o< U. I I rZ3 i I WAS u•- 1 t � rn `�' � D Q�3 0 C a) J N tv M�CO WW C h 1-��F-J �•• SITE PLAN LOT 13, BLOCK 2, NOR i KFIELO ESTATES GALVESTON COUNTY, TEXAS (FINAL PLAY) Ae: 1-30' �E ,e: 04/26 06 ALL INFORMATION ON THIS PLOT PLAN INCLUOING ANY �P �,e%5 TF F� Ve 055/08 y SQUARE FOOTAGE CALCULATIONS, SITE ELEVATIONS, AND Q� Rid 4 BY PROPOSED GRADING IS PRELIMINARY AND APPROXIMATE. : IWA ey� C.H. ACTUAL CONSTRUCTION OF THE STRUCTURE ON SITE Ait LYL>SB/1l1iICs+ SRENTWC100 HOMES DEVIATE FROM THE PLOT PLAN WITHOUT NOTICE AT THE o choscr: DESCRETION OF BRENTWOOD�HOMEPS- / 1821 P /3 'C I,,. .6 f��-�L-r 9y �ESS�O�yQ No. 46357 BILLY L. S11AN R.P.L-S. '821 d SU R BILLY L. SHANKS 1414 WAVECREST LN. 1-4 —1 6 HOUSTON TEXAS 77062 FAX 251-48B-5526 I EXHIBIT B ti NOTICE OF MEETING { State of Texas )( City of Friendswood )( Counties of Galveston/Harris )( July 01,2008 )( Notice is hereby given of a Special Meeting of the Friendswood Zoning Board of Adjustment to.be held on Tuesday, July 01, 2008 at 7:00 PM at Friendswood City Hall Council Chambers, 910 S. Friendswood Drive, Friendswood, Texas, regarding the items of business according to the agenda listed below: 7:00 PM-SPECIAL MEETING 1. Call to order 2. HEARING The Board will conduct a hearing regarding the following: A. Seeking a variance for property located at 600 Northfield Dr. Lot 13, Block 2 Northfield Estates, a subdivision in Galveston County, Texas of required twenty-five (25) foot rear yard setback of Appendix C — Zoning, Section 7.Q.3., Regulations Matrix Residential Districts of the Friendswood City Code to allow a newly constructed' home already constructed beyond the rear yard and setback line. 3. Consideration and possible action regarding adoption of order relating to the request described in Agenda Item 2-A above,regarding 600 Northfield Dr. 4. Adjournment W46i� t ank Manigold Deputy Director of Community Development/ZBOA Staff Liaison This facility is wheelchair accessible and accessible parking spaces are available. Request for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's Office at(281)996-3270 for further information. I certify that-the above Notice of Meeting of the Friendswood Zoning Board of Adjustment was posted in a place convenient to the general public and compliance with Chapter 551, Texas GovFiment Code,on the 26th day of June 2008 at Ld.'.2 s i4 ffN De oris McKenzie,TRMC City Secretary CSO City of Friendswood F 910 South Friendswood Drive — - �0�� '� Friendswood,Texas 77546-4856 $ 00.830 �[ 02 tn� 0004243263 JUN27 2008 4 'f MAILED FROM ZIP CODE 77546 Brian K.'Seiler P.O. Box 469 Friendswood, TX 77549 till)till li11111I1 ill Ill Ill ilillifIIliI, mil ill EXHIBIT C D City 0 ghtendgwood COMMUNITY DEVELOPMENT DIVISION 910 South Friendswood Drive FRIENDSWOOD, TEXAS 77546-4856 A July 2, 2008 Mr. Brian Seiler PO Box 469 Friendswood Texas 77546 281-482-3034 Mr. Seiler: On July 1,2008, The Zoning Board of Adjustment denied your request concerning the encroaching rear yard setback of the home under construction at 600 Northfield Dr. Compliance with the decision of the ZBOA will be achieved when the rear yard setback of the structure meets current City of Friendswood zoning ordinance requirements. The City has placed a stop work order on this property until it is brought into compliance. Unless documentation is provided to my office within 10 days concerning filing for an appeal, a deadline for code compliance must be established so that issuance of a citation for current violations of the zoning ordinance does not occur. The compliance time will allow you up to 30 calendar days from the 10 calendar days following the denial by the ZBOA to remove the portion of the structure that is encroaching,which would be August 11, 2008. Please contact my office as soon as possible so that a code compliance date can be agreed upon. Failure to comply by the time agreed will result in a citation for each and every day the structure is not in compliance. Individual citations may result in a fine levied by the Municipal Court of up to $2,000 per day. The City also retains the right to seek injunctive relief in the District Court should the remedy.at law through the Municipal Court of Friendswood is not achieved as a result of involuntary compliance efforts by the City of Friendswood. Frank Manigold, CFM Deputy Director of Community Development Planning and Building Regulations PERMITS/INSPECTIONS/CODE ENFORCEMENT ENGINEERING/CAPITAL PROJECTS PLANNING&ZONING (281)996-3201 (281)996-3203 (281)996-3290 ADMINISTRATION (281)996-3291 �►�Zrrr���/�.rr - 01-9 0� Umendswo0d ��P�ESPOST�� COMMUNITY DEVELOPMENT DIVISION 910 Soufh Friendswood Drive FRIENDSWOOD,TEXAS 77546-4856 4 : ' � Prrnar nnow[s n q 20 0004243263 JUL03 2008 7006 0100 0004 0142 9556 MAILEDFROMZIPCODE 77546 MR. BRIAN SEILER P,10. BOX 469 FRIENDSWOOD, T% 77546''•: F 2888643143 r 2 PGS GENERAL WARRANTY DEED THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF GALVESTON § NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. That,ANDREW J. LEBLANC and JOY P. LEBLANC, for and in consideration of the sum of TEN AND NO/100 .DOLLARS ($10.00) and other valuable consideration to the undersigned paid by the Grantee herein named, the receipt of which is hereby acknowledged, have GRANTED, TRANSFERRED AND CONVEYED, and by these presents do GRANT, TRANSFER AND CONVEY, unto BRENTWOOD CUSTOM HOMES, INC., subject to the reservations hereinafter made, all of Grantors' undivided interest in and to the following described property located in Galveston County,Texas,to-wit: A 217 square foot tract out of the East comer of Lot 1, Block 2, Northfield Estates, Galveston County,Texas,according to the Plat recorded in No.2007A,Map 36-37 of the Galveston County Map Records; BEGINNING at an iron rod found at the Easterly comer of said Lot 1; THENCE 720 41' 37"W,along the Southerly line of Lot 1,a distance of 16.13 feet to a'/2 inch iron rod set for comer, THENCE 17° 18' 23" W, a distance of 26.87 feet to a-'/s inch iron rod set on the Northeasterly line of said Lot 1; THENCE 48°16'28"E,along the Northeasterly line of L.ot 1,:wdistance of 31.34 feet to the POINT.OF BEGINNING and continuing 217 square feet of land: This conveyance is made and accepted subject to the following matters,to the extent same . are in effect at this time: 1. Any and all restrictions recorded in the Office of Map Records of Galveston County,Texas. (Deleting therefrom any restrictions indicating any preferences,limitation,or discrimination based on race,color,religion,sex,handicap,familial status or national origin). 2. Any titles or rights asserted by anyone,including but not limited to,persons,corporations, governments, or other entities to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or oceans, or to any land extending from the line of mean low tide to the line of vegetation, or to lands beyond the line of the harbor, or bulkhead lines as established or changed by any government, or to filled-in lands,or artificial islands,or to riparian rights,or the rights or interest of the State of Texas or the public generally in the area extending from the line of mean low tide to the line of vegetation or their rights of access thereto,or right of easement along and across the same. 3. Any and all other restrictions, covenants, conditions and easements, mineral reservations and leases,if any,relating to the hereinabove described property,but only to the extent that they are still in effect,shown of record in the hereinabove mentioned county and state,and to all zoning laws,regulations and ordinances of municipal and/or governmental authorities, if any,but only to the extent that they are still in effect,relating to the hereinabove described property. TO HAVE AND TO HOLD the above described premises,together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Grantee, and unto its agents, representatives, administrators and assigns forever, and Grantors do hereby bind themselves, their heirs, executors, administrators and assigns to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said Grantee, its agents, representatives, administrators and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof EXECUTED this day of July,2008. ARDR—EW J.LEBLANC JOY L ANC THE STATE OF TEXAS § COUNTY OF 6 uS&, § This instrument was acknowledged before me on this CAr- day of July,2008,by ANDREW J.LEBLANC and JOY P.LEBLANC. m KIMBERLY M.SCHIMMIN6 NOTARY PVBLIC IN AND FOR 'mot rri Notary Public,State of Texas THE STATE OF TEXAS My CommissionE.xpires February 06,2011 GRANTEE'S ADDRESS: t —M;-.kg AF Greag P C IM 904ei Ctr.Blvd., Sulte l50 ( Houston,Texas 77002 FILED AND RECORDED 6 SE t>FFICIAL PUBLIC RECORDS 2008043143 July 24, 2008 10:26:22 AM FEE: $26.00 Mary Ann Daigle, County Clerk Galveston County, TEXAS �$ 21 ��/ /r/OT� ;L{GG11.U(r S6• So GeJL� O6 /✓ai I�iQUE ro �v,¢s? l/sY�iG t J�17 .�thrC?dam Co ='> �n JUN 2008 RECE1ViD FRIENDS OD ZONING BOARD OF ADJUSTMENT � %ti �M CITY OFFRIfAD6 OM ,� equest for Variance ❑ Request for Appeal N CITYSMW ti~ Fee: $I00 Fee Paid(date): ' Applicant's Name: ��-!'A) 7-, 00�C�IlS �'-� 0�-5 Phone: Property Address: 44�2' ,P1/e2rHY'l,e,-1 Legal Description of Property(attach certified metes &bounds): 427 /4 ,keCis 6p� /11�.,�/l��l�-Gs? f5�.�rrrS - County: d44—V64 Printed Name of Owner -► Address of Owner Date W, Designated Representative Signature of Owner Date APPEAL:From what order, requirement, decision or determination of the administrative official is the appeal being requested? /4���A//C C $�Cr/0 N 7.62 3 RaAA ;.der e°!iz Avo1eY,,,vf 0 O/ !T� L'�LlL'/�/.�,��Ec=¢rirr/ �/vim L'/�,I'1��//�i�r� �i���✓1/L?G°��� �f� Y��'//� G�J'��:Z� r VARIANCE: From what ordinance(number and section) is the variance being requested? V/ I�^YfNt 1-5h g'I V jl_ ,t1 cdl U�S�tl7 ;,Sr 14� �t /67 C�Ir L7,4e o-1 l A i/ v f�U�i��l.l�C`� IrtJ7/U (Variance request cannot be for the purpose of rezoning—see Appendix l --Zoning,Section II B) Please state the grounds for the appeal/variance you are seeking: Sr Y���� r�y �, /! /,�z� �'G�l i%©" A145rwel,-Z- JU %, lseel.SIy plp 7lew t" �,2>xirlAGrt y Yff /V--1 ;,- Date &Time Received City fficial Date DISPOSITION OF CASE BY ZBOA: APPEAL GRANTED: DENIED: MODIFIED: HOW MODIFIED: VARIANCE GRANTED: DENIED: GRANTED W/CONDITIONS: CO ITIONS: r 4Cha' an Date 2/21/2008 7L��Q.,� 4R uo,_ NOTICE OF MEETING i �v r('Co, State of Texas )( ��`�^^ .� tr e e� ��ji"e,0 bb� City of Friendswood )( Counties of Galveston/HarrisG1C - July 01, 2008 )( Notice is hereby given of a Special Meeting of the Friendswood Zoning Board of Adjustment to be held on Tuesday, July 01 2008 at 7:00 PM at Friendswood City Hall Council Chambers, 910 S. Friendswood Drive, Friendswood, Texas, regarding the items of business according to the agenda listed below: 7:00 PM-SPECIAL MEETING 1. Call to order -7 `• i O P 2. HEARING The Board will conduct a hearing regarding the following: A. Seeking a variance for property located at 600 Northfield Dr. Lot 13, Block 2 Northfield Estates, a subdivision in Galveston County, Texas of required twenty-five (25) foot rear yard setback of Appendix C - Zoning, Section 7.Q.3., Regulations Matrix Residential Districts of the Friendswood City Code to allow a newly constructed home already constructed beyond the rear yard and setback line. 3. Consideration and possible action regarding adoption of order relating to the request described in Agenda Item 2-A above,regarding 600 Northfield Dr. 4. Adjournment -7 P l F ank Manigold Deputy Director of Community Development/ZBOA Staff Liaison This facility is wheelchair accessible and accessible parking spaces are available. Request for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's Office at(281) 996-3270 for further information. I certify that the above Notice of Meeting of the Friendswood Zoning Board of Adjustment was posted in a place convenient to the general public and compliance with Chapter 551, Texas Gove ent Code, on the 26th day of June 2008 at /9 rn De oris McKenzie,TRMC City Secretary ZONING BOARD OF ADJUSTMENT Ordinance 132,4/13/70 Number of Members 5 Regular 4 Alternates REGULAR MEMBERS TERMS 1. David O'Brien,III 7/07—7/10(70 term) 103 Garden Road (h)281-482-0527 Lindavid65Asbcglobal.net 2.Ronald Dyer 7/07-7/10(1st term) 1409 Falling Leaf w� }�,�## V oice r"" Q. �Z.`f/pf� (h)281-992-1085 (w)281-476-1501 X 1 Lf t 7 r,dyer(c�sicd.ed 3. Greg Hughes-Chairman 7/06—7/09(4`s term) 217-B East Parkwood (W) b-py Yo(u r _,,A 'c sec-ov'gq (h)281-648-9115 (w)281-992-3033 rg egahu es@sbcglobal.net 4. Steve Knis—Vice Chairman 7/06—7/09(2'd term) / 204 Victoria Way (filled expired term of David Dannemiller who (c)832-444-3245 resigned at end of term) skni s(d sbcglobal.net 5. Delvin Kendrick 7/07—7/10(1st term) 1105 Briar Creek Dr. (h)281-482-6418 delvinkna,comcast.net3''" ALTERNATE MEMBERS 1. Linda Thornton 7/07-7/10(1 n term) 200 Stonehenge Ln. (h)281-482-7118 lindasthomton a,sbcglobal.net 2.Glen Grayban 7/07—7/10(1st term) 1527 Garden Lakes (h)832-818-3097 (w)713-579-0777 grgrayban(abei-us.corn 3. Carol A.Thelen 7/07-7/10(V term) ��\) iv6�G��� �1v7Pm 2108 Pine Dr. 1�1� (h)281-993-9898 (w)832-640-2923 cthelena,swbell.net 4. Mike Czarowitz 7/06—7/09(V term) 201-C Skyview (filled Steve Knis alternate position who moved to(h)281-992-2900 regular member) 1/� � (c)713-252-7464 (� czarowitz ,,hotmail.com Staff Liaison: Melinda Welsh City Representative: Deputy Dir.of Community Development/Planning& Building Regulations—Frank Manigold Council Liaison: None Required This Board also serves as: Fire&Life Safety Code Board of Adjustments and Appeals City Council approved 8/11/89. ❖ Flood Damage Prevention Appeals Board;Ordinance 87/10 City Council approved 6/6/88. Appointed July of each year for three year terms as per policy dated 7-10-06. 'Chairman and Vice Chairman will be appointed for two-year terms following the appointment and reappointment time frame. Chairman and Vice Chairman may not serve more than one(a)consecutive two-year term in each position. Meets 4te Tuesday of each month as needed H:\ZBOA\ZBOA Roster-Melinda version.doc Rev.09/11/07 NOTICE OF MEETING State of Texas )( City of Friendswood )( Counties of Galveston/Harris )( July 01, 2008 )( Notice is hereby given of a Special Meeting of the Friendswood Zoning Board of Adjustment to be held on Tuesday, July 01 2008 at 7:00 PM at Friendswood City Hall Council Chambers, 910 S. Friendswood Drive, Friendswood, Texas, regarding the items of business according to the agenda listed below: 7:00 PM -SPECIAL MEETING 1. Call to order 2. HEARING The Board will conduct a hearing regarding the following: A. Seeking a variance for property located at 600 Northfield Dr. Lot 13, Block 2 Northfield Estates, a subdivision in Galveston County, Texas of required twenty-five (25) foot rear yard setback of Appendix C — Zoning, Section 7.Q.3., Regulations Matrix Residential Districts of the Friendswood City Code to allow a newly constructed home already constructed beyond the rear yard and setback line. 3. Consideration and possible action regarding adoption of order relating to the request described in Agenda Item 2-A above, regarding 600 Northfield Dr. 4. Adjournment l F ank Manigold Deputy Director of Community Development/ZBOA Staff Liaison This facility is wheelchair accessible and accessible parking spaces are available. Request for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's Office at(281) 996-3270 for further information. I certify that the above Notice of Meeting of the Friendswood Zoning Board of Adjustment was posted in a place convenient to the general public and compliance with Chapter 551, Texas Gove ment Code, on the 26th day of June 2008 at /9 rr\ De oris McKenzie, TRMC City Secretary �8 2 ,u�611"v- I �UN FRIENDS OD ZONING BOARD OF ADJUSTMENT GIY� �FHf�n4D equest for Variance ❑Request for Appeal mysWAMW 1 Fee: $100 Fee Paid(date): b� �q 1( .,[?,•l ��,N?lti fJCJ 1�CollSt ,ti1 OAS Phone: 7-61 Applccant s Name:, Property Address: ii/tr�r��Y'6�Ll1 yauae- ,eA16&aU&>eW,9 /'.Y• Legal Description of Property(attach certified metes&bounds), G'd T l 46d 6o ;—;, Ole County: 11 V65 7©A;? Printed Name of Owner Address of Owner Date Designated Representative Signature of Owner Date ############################################################################################################## APPEAL:From what order,requirement,decision or determination of the administrative official is the d 3 P74 A appeal being requested? 4�O�A r�C S�Gr/0 N 7, , �e 6Lm gvi/�/"V �F' �.�1�r<� CaA,rayP�/ 's��l allewa' Z /9J �i�sr�i�1�;,�E�¢���ti T��Ci�rrlfrrr r� x� , ,� lr>.c> o�� 4Y- VARIANCE:From what ordinance(number and section)is the variance being requested? '4g62&'eS'u;.g 7v /'O � (Vatiance request cannot be for the purpose of rezoning—see Appendix U--Zoning,Section H B) Please state the grounds for the appeal/variance you are seeking: �J� �e�t'r�' �/�Ld�v� ��DJ, o✓��u�s? 71/� �%/J,tr/t��il l6J Aw &4'bt4! SA&v,*y Ae Aw I 1110 Alw,We C/WC>lc: voGj leg �l dt%Yp emirs" G L-ep0 Date&Time Received �o City fficial Date ############################################################################################################## DISPOSITION OF CASE BY ZBOA: APPEAL GRANTED: DENIED: MODIFIED: HOW MODIFIED: VARIANCE GRANTED: DENIED: GRANTED W/CONDITIONS: CONDITIONS- Chairman n Date 2/21/2008 w --.-- v-.< w - U Z cn m��� C N d� N O (jt V d pdw\'ti m v Ir 1_ V m cODO � L51 ��C'y�� ;' N O ZO I A I O> rn may/ p $ _ t0 N m �,, I— ,3. 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O' C� ,,• ✓f�� / �ti0 �4 72. 1 /� m19 co / � �1DS O Caq ot gvendgwood COMMUNITY DEVELOPMENT DEPARTMENT 910 South Friendswood Drive �\��6\1181910���� " FRIENDSWOOD, TEXAS 77546-4856 e To: ZBOA From: Frank Manigold Deputy Director of Community Development Date: June 16, 2008 Subject: Variance at 600 Northfield Dr. to the rear setback requirements of Appendix C-Zoning, Section 7 Q 3 Regulation Matrix Residential District The Builder at 600 Northfield is requesting a variance to the rear setback in Appendix C Regulation Matrix residential District 7.Q.3 Background The Builder submitted his plans along with site plan that was reviewed by the Building Department. During the review the inspector had a problem with the site plan thinking the house was too close to the pipe line. The Building Official checked the plat and seeing that the pipe line was not an issue. The inspector would not sign off the site plan thinking that the pipe line was still an issue. The Building Official asked the inspector if he had any other issues with the site plan, and he said that he had no other problem with the site plan. The Building Official did not review the site plan before initialing on 05- 05-08. The City allows a builder to have an Engineer look at the slab/foundation before pouring but we want to look at the form survey before they pour the concrete. The form survey was brought in on 06-10-08 and denied because it was encroaching the rear setbacks. The builder was wanting a Cover inspection because all of the framing, plumbing, electrical, and mechanical had been done and wanted an inspection. The house plan that is on the site plan is not the same as the foot print on the form survey. At the time of this request the Building Department does not have the revised plans for the changes to the original plans submitted for this address, and will need this and the Engineers letter before proceeding. The Builder at 600 Northfield Dr. is seeking a variance to the requirements contained in Appendix C — Zoning, Section 7 Q 3 Regulation Matrix Residential District. Staff Comments In order to be consistent with our current Zoning Ordinances in Appendix C Section 7 Regulation Matrix Residential District 7.Q.3, rear setback of the Friendswood Code the structure does not comply. PERMITS/INSPECTIONS/CODE ENFORCEMENT • ENGINEERING/CAPITAL PROJECTS • PLANNING & ZONING (281) 996-3201 (281) 996-3203 (281) 996-3290 ADMINISTRATION (281) 996-3291 May .27, 01 10:09p Mike C. 281-482-2797 p•2 VJr VUrLaOl7 ia:to . 21l1488552G SHANKS SURVEYORS LLC PAGE 01101 FLh. R PLAT RECORDED IN PLAT 2007A MAP 35-38 GALVESTON COUNTY MAP RECORDS. inal work is protected under Copyrfghl Laws. Title 17 United Stotes Code 101 and 102. All vlolators wip be prosecuted to st extent of the law. Th6 survey is bcinq provided solely nor the vse of the reeipionts nomed herein. and no ricense has ated', express or rmpied. to copy the survey except as Is necessary IA conj�net:on with the original transocliort, which e place within thirty (30) days from the dcts adjacent to the signature 6ne hereon. bayed on recorded plot Found or set iron rods at all comers. - I/ I Y y. vt / ••tt /// \ 12 aj LOT 11 ` Q U •a \ ', M'13 C Ch PROPOSED `\ + \ C3 o ROUSE a u D 1 5417 r \ , t4,A r.4 N C 0 o I m tYle n. ^� ,\ \\ �o m !2 tL `p nmil I C; F-au 3 o:W \ boo .0 O✓ 4.• \ t la ace H Li cc O o c II g2f.5a, InOes Jyy vP LA 10 B SITE 'A UST I .9 F- F- WpTmmm d o bl L p7 77 —3~ � r�--� ~`W 2 Z SITE PLAN LOT 13, BLOCK 2, NORTHFIELO ESTATES GALVESTON COUNTY, TEXAS (FINAL PLAT) "Cole: 1=30, Ravi::Revised: 05 5 ALL WFORMATION ON THIS PLOT PLAN INCLUD[NG ANY P� F )iure 05�5/p8 SQUARE FOOTAGE CALCULATIONS, SITE ELEVATIONS. AND °°V1S e�,gbF- raven y: PROPOSED GRADING IS PRELVINARY AND APPROXIMATS, g.�Q�)rcwn By C.H ACTUAL CONSTRUCTION OF THE STRUCTURE ON SITE nor. $RENTY1000 HOMES DEVIATE FROM THE PLOT PLAN WITHOUT NOTICE AT THE. ��Yt"�AlYK3 'Urehoser. OESCRETION OF BRENTWOOD HOMES. ° 1821 ob No. 46357 q'L SS BILLY L. SHANSUR �e'y BILLY L. SHANKS 1414 WAVECREST LN. _ _ 110U5TON TEXAS 77062 FAX 281-458-5525 9 MAP OR PLAT RECORDED IN PLAT 2007A MAP 36-38 GALVESTON COUNTY MAP RECORDS. This original work is protected under Copyright Laws, Title 17 United States Code 101 and 102. All violators will be prosecuted to X the fullest extent of the law. This survey is being provided solely for the use of the recipients named herein, and no license has been created, express or implied to copy the survey except as is necessary in conjunction with the original transaction, which c shall take place within thirty (30f days from the date adjacent to the signature line hereon. 0 Bearings based on recorded plat. Found or set iron rods at all corners. 01 O) i rn v LJ bLO ao00 o(D /// al /// \ 12 z C o i / /�/ LOT 13 \ \ a LLdL_ O O i�0 /// �.89 2 f004 24.75' 1004 11 .67' \\\ Z \\\ 0 0 �! Im ci \ \ to v1 \ r \ lo cTi�-�iG FORM 10.a,\\3g m \\ I I m \ w c as I u) I M 26.75' \G N to i A P 6.37'a10.40'012.15.4 11.33'o O of I M v S 12'19L'� E \. \ 0 , f TI A I 10J.27 \ o \ _ Q y'r=,, i� s O.N / �� U _ a c h / 21..00 13.�0 mac �z c o Im / a1 0 o I� I :0 0- 1.9 j 1° Q) I I I I Z u) al j j NORTHFIELD DRIVE L 10 ~ U I \ Q U rn T U C In C al L to L O t SITE PLAN LOT 13, BLOCK 2, NORTHFIELD ESTATES GALVESTON COUNTY, TEXAS (FINAL PLAT) Scale: 1=30' �E°°"°°°% �, Date: 05/07 08 THIS PLAT IS AN ACCURATE REPRESENTATION OF THAT �Pd°°(3ISTfp°Oq,+ Revised: 05/1 3/08 SURVEY MADE' ON THE GROUND UNDER MY SUPERVISION. o�Q�' Survey By: T.S. THERE ARE NO APPARENT ENCROACHMENTS OR CONFLIC Drawn By: C.H. ACROSS PROPERTY LINES AT THE TIME OF THIS SURVEY, RMLYL.SNANK.,c For: BRENTWOOD HOMES EXCEPT AS SHOWN HERON. 1821 Purchaser: �9$bg xv, . � S U RN Job No. 46357 BILLY L SHANKS R.P.L.S. #1821 BILLY L. SHANKS 1414 WAVECREST LN. 281-488-1486 HOUSTON TEXAS 77062 FAX 281-488-5526 ti ZONING BOARD OF ADJUSTMENT Ordinance 132,4/13/70 Number of Members 5 Regular 4 Alternates REGULAR MEMBERS TERMS 1. David O'Brien,111 7/07—7/10(r term) 103 Garden Road Friendswood,TX 77546 (h)281-482-0527 2.Ronald Dyer 7/07-7/10(1st term) 1409 Falling Leaf Friendswood,TX 77546 (h)281-992-1085 (w)281-476-1501 3. Greg Hughes-Chairman 7/06—7/09(4th term) 217-B East Parkwood Friendswood,TX 77546 (h)281-648-9115 (w)281-992-3033 4. Steve Knis—Vice Chairman 7/06—7/09 2nd term 204 Victoria Way Friendswood,TX 77546 (w)832-444-3245 5. Delvin Kendrick 7/07—7/10(1st term) 1105 Briar Creek Dr. Friendswood,TX 77546 (h)281-482-6418 ALTERNATE MEMBERS 1. Linda Thornton 7/07- 7/10 (1"tern) 200 Stonehenge Ln. Friendswood,TX 77546 (h)281-482-7118 2. Glen Grayban 7/07—7/10(1st term) 1527 Garden Lakes Friendswood,TX 77546 (h)832-818-3097 (w)713-579-0777 3. Carol A.Thelen 7/07-7/10(1"term) 2108 Pine Dr. Friendswood,TX 77546 (h)281-993-9898 (w)832-640-2923 4. Mike Czarowitz 7/06—7/09(1"term) 201-C Skyview Friendswood,TX 77546 (h)281-992-2900 (c)713-252-7464 Staff Liaison: Melinda Welsh CADocuments and Settings\mperez\Local SettingsUemporary Intemet Files\0LK8\ZB0A Roster.doc Rev.05/19/08 i1 1 City Representative: Deputy Dir.of Community Development/Planning&Building Regulations—Frank Mangold Council Liaison: None Required This Board also serves as: Fire&Life Safety Code Board of Adjustments and Appeals City Council approved 8/11/89. ❖ Flood Damage Prevention Appeals Board;Ordinance 87/10 City Council approved 6/6/88. Appointed July of each year for three year terms as per policy dated 7-10-06. *Chairman and Vice Chairman will be appointed for two-year terms following the appointment and reappointment time frame. Chairman and Vice Chairman may not serve more than one(a)consecutive two-year term in each position. Meets 4 h Tuesday of each month as needed CADocuments and Settings\mperez\Local SettingsUemporary Intemet Files\0LK8\ZB0A Roster.doc Rev.05/19/08 NOTICE OF MEETING State of Texas )( City of Friendswood )( Counties of Galveston/Harris )( July 01,2008 )( Notice is hereby given of a Special Meeting of the Friendswood Zoning Board of Adjustment to be held on Tuesday, July 01 2608 at 7:00 PM at Friendswood City Hall Council Chambers, 910 S. Friendswood Drive, Friendswood, Texas, regarding the items of business according to the agenda listed below: 7:00 PM-SPECIAL MEETING 1. Call to order 2. HEARING The Board will conduct a hearing regarding the following: A. Seeking a variance for property located at 600 Northfield Dr. Lot 13, Block 2 Northfield Estates, a subdivision in Galveston County, Texas of required twenty-five (25) foot rear yard setback of Appendix C — Zoning, Section 7.Q.3., Regulations Matrix Residential Districts of the Friendswood City Code to allow a newly constructed home already constructed beyond the rear yard and setback line. 3. Consideration and possible action regarding adoption of order relating to the request described in Agenda Item 2-A above,regarding 600 Northfield Dr. 4. Adjournment ank Manigold Deputy Director of Community Development/ZBOA Staff Liaison This facility is wheelchair accessible and accessible parking spaces are available. Request for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's Office at(281)996-3270 for further information. I certify that the above Notice of Meeting of the Friendswood Zoning Board of Adjustment was posted in a place convenient to the general public and compliance with Chapter 551, Texas GoveAtiment Code,on the 26th day of June 2008 at /0.'..e s A to WJ402L F De oris McKenzie,TRMC City Secretary GroupBuilder.net Page 1 of 2 GroupBuildernet Home Manage Groups Web Content Web Pages Users Reports Log Out Your email has been sent to the queue for delivery at 4:55 pm June 26 , 2008 Sent To: Agendas 1281 Total 1281 Subject: 07/01/2008 ZBOA Meeting Agenda Attachment: ZBOA_07-01-08_Regular_Meeting.pdf NOTICE OF MEETING State of Texas )( City of Friendswood )( Counties of Galveston/Harris )( July 01, 2008 )( Notice is hereby given of a Special Meeting of the Friendswood Zoning Board of Adjustment to be held on Tuesday, July 01, 2008 at 7:00 PM at Friendswood City Hall Council Chambers, 910 S. Friendswood Drive, Friendswood, Texas, regarding the items of business according to the agenda listed below: 7:00 PM - SPECIAL MEETING 1. Call to order 2. HEARING The Board will conduct a hearing regarding the following: A. Seeking a variance for property located at 600 Northfield Dr. Lot 13, Block 2 Northfield Estates, a subdivision in Galveston County, Texas of required twenty-five (25) foot rear yard setback of Appendix C - Zoning, Section 7.Q.3., Regulations Matrix Residential Districts of the Friendswood City Code to allow a newly constructed home already constructed beyond the rear yard and setback line. 3. Consideration and possible action regarding adoption of order relating to the request described in Agenda Item 2-A above, regarding 600 Northfield Dr. 4. Adjournment Frank Manigold Deputy Director of Community Development /ZBOA Staff Liaison This facility is wheelchair accessible and accessible parking spaces are available. Request for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's Office at (281) 996-3270 for further information. http://www.groupbuilder.net/send_mail_confirm.php 6/26/2008 GroupBuilder.net Page 2 of 2 I certify that the above Notice of Meeting of the Friendswood Zoning Board of Adjustment was posted in a place convenient to the general public and compliance with Chapter 551, Texas Government Code, on the 26th day of June 2008 at Deloris McKenzie, TRMC City Secretary http://www.groupbuilder.net/send_mail_confinn.php 6/26/2008 Mayor �`lk DAVID J.H.SMITH City of FYl en ds wo o d Councilmembers MICHAEL E.BARKER 910 South Friendswood Drive JIM BARR JIM HILL Friendswood, Texas 77546-4856 LESLIE REID _ (281) 996-3270 BILL HOLBERT Fax: (281)482-1634 ANDY RIVERA Interim City Manager ROGER ROECKER City Secretary DELORIS McKENZIE,TRMC June 19, 2008 To: Zoning Board of Adjustment Members From: Melinda Welsh Deputy City Secretary/Staff Liaison Subject: Zoning Board of Adjustment Meeting There will be a special Zoning Board of Adjustment meeting this month. It is scheduled for Tuesday, July 01, 2008 at 7:00 PM, City Hall Council Chambers, 910 S. Friendswood Drive, Friendswood, Texas, for the following: 1. Seeking a variance for property located at 600 Northfield Dr. Lot 13, Block 2 Northfield Estates, a subdivision in Galveston County, Texas of required twenty-five (25) foot rear yard setback of Appendix C — Zoning, Section 7.Q.3., Regulations Matrix Residential Districts of the Friendswood City Code to allow a newly constructed home already constructed beyond the rear yard and setback line. Meeting notices, agenda packets and other information will be mailed to you the Thursday before the meeting. Please use the back parking area for all meetings. Thank you, GRJX;"_J — uj� Melinda Welsh �'` Deputy City Secretary cc: Deloris McKenzie, City Secretary John Olson, City Attorney Bobby Gervais, City Attorney Frank Manigold, Deputy Director Inspections/Code Enforcement/Planning& Zoning Mayor DAVID J.H.SMITH City of Friendswood Counci►members MICHAEL E.BARKER .0 910 South Friendswood Drive JIM JIM H�R Friendswood, Texas 77546-4856 LESLIE REID (281)996-3270 BILL ANDY OLBERT IVERA - Fax: (281)482-1634 ��TEXA Interim City Manager ROGER ROECKER City Secretary DELORIS McKENZIE,TRMC June 19, 2008 TO WHOM IT MAY CONCERN: In accordance with State and Local Zoning Law, all owners of land within two hundred feet of any property being considered for an appeal, variance, or a special exception must be afforded an opportunity to address the subject at a public meeting held for this purpose. You are hereby notified that the Friendswood Zoning Board of Adjustment will hold a Public Hearing to consider a request for a variance that may be of interest to you. PROPERTY OWNER: Brian K. Seiler LOCATION OF PROPERTY: 600 Northfield Dr, Galveston County, Texas REQUESTED VARIANCE: Seeking a variance for property located at 600 Northfield Dr. Lot 13, Block 2 Northfield Estates, a subdivision in Galveston County, Texas of required twenty-five (25) foot rear yard setback of Appendix C — Zoning, Section 7.Q.3., Regulations Matrix Residential Districts of the Friendswood City Code to allow a newly constructed home already constructed beyond the rear yard and setback line The hearing will be held at Friendswood City Hall, Council Chamber, 910 S. Friendswood Drive, Friendswood, Texas. Documentation is available for review at the City Secretary's Office, 910 S. Friendswood Drive,Friendswood, Texas. DATE: July 01,2008 TIME: 7:00 PM Cenl�� Deloris McKenzie, TRMC City Secretary RIDGE DR f HE FOREST \ � E DETA L F\ v _CTION SEVEN 3/1045 G.C.M.R. I I I 1o' U.E. 3 2 1 14 i3 I 12 \ \ ND 1/2" I.R. l0, u.E as 41r180i300 Fi 9.48, — 0' u.E. to' U.E. FND FNC COR'S — 1 141 " 1$2.73' 90. L4 L5 0' 0 90. 106. i t J,./J N _ �/r// 1 m N W co////�%���J/r �/�1// , I W 16' U.E. /� n \ t7 ! M l D!p( M r o M O .(Y' " " 0 4.Y/I O N ,�c ll/� • a' 0 o . 9 M 18 n 17 M 16 M M 15 N 14 � ) \ d r O r r y- N \ 43 25'_B.L Z L57 25' B_L M d is ^to 10' B.L \ "N �y O6 49 O 0 , 13.27' L58 5 gyp. IN G1 50' 8 O S 48'16 28 E 322.23 73 75� s .*� N 48'16'28" W 204.98 N 48'16'28" W 377.23' C � •+V � p\ NORTHFIELD DR 60' R.O.W. C33 21 - + • �-10 „ 0 N 48'16 28 W 527.22 46 �� +Q 0) S 48'16 8 90.00' 90.00' 90.00' 5 82.22 / 127.06 -- — 42.08' " 25. 8.L L62 5. S -r 25' B.L W �sI o 1 5 t.a 1' 0 Imo'► �� tAj M W L� K) I,,f�_ ��! � ►`) zo/z L. q� Ao 0 7 r 8 r 9 10 1 1 r 12 �; wosp 129.92' Mom$ IN T to � ,_ r V. r F / N z ,n 13 4 J. _ 16' U.E. Z 16' U.E. Z -0 E. m W W 110.00' 90.00'ow 90.00 90.00' 90.00' 90.00 N A N � -CO 6 N N N I _ _ M 11 011 r M 7o�:i 110.00' 94.07 94.0T 94.07 94.07 W 152.41' p ,^ / :t 129.99' 0 16' U.E. iV 1 ^� �� m ^a 5' s.L -1 U.E. o Z `1 .0I 6 b o o M ^ry rya cn L67 C \ 7 Z r n5I c; 4N 3 N 2 0 4rLOI U.E. - r4!4 r `t 10' B. 112 x m 0' S.S.o20' BL 25' B.L Z Qr ' 25' B.L sL65105.07' h � 85.00' 94.07' 94.07' 94.07' 2 5 1' �o h� Z6 ZO 214.76' SOUTHFIELD DR 60' R O.W. N 48'16'28" W 719.56' S��g0 N 324.76' -- N 48'16'28" W 802.72' 03 6 N 48*16'28" W 1072.47' 5' S.LE. 29.54' ss C 00' 97.00 97.00 97.00 133.41' <v 81.57 C 9 _ W o NL h/vAT of L77�n11 _ ,"/�L 'n IVA p`? I� ._ �/ .•` r ^ V^ (5 P?�q . 2G+/�,L7S\ Mayor � Np DAVID J.H.SMITH City of Friendswood Councilmembers MICHAEL E.BARKER 910 South Friendswood Drive JIM BARR JIM HILL Friendswood Texas 77546-4856 LESLIE RED) (281) 996-3270 BANDYRIVERRA " Fax: (281) 482-1634 EXA3�' Interim City Manager ROGER ROECKER City Secretary DELORIS McKENZIE,TRMC June 19, 2008 TO WHOM IT MAY CONCERN: In accordance with State and Local Zoning Law, all owners of land within two hundred feet of any property being considered for an appeal, variance, or a special exception must be afforded an opportunity to address the subject at a public meeting held for this purpose. You are hereby notified that the Friendswood Zoning Board of Adjustment will hold a Public Hearing to consider a request for a variance that may be of interest to you. PROPERTY OWNER: Brian K. Seiler LOCATION OF PROPERTY: 600 Northfield Dr, Galveston County,Texas REQUESTED VARIANCE: Seeking a variance for property located at 600 Northfield Dr. Lot 13, Block 2 Northfield Estates, a subdivision in Galveston County, Texas of required twenty-five (25) foot rear yard setback of Appendix C —Zoning, Section 7.Q.3., Regulations Matrix Residential Districts of the Friendswood City Code to allow a newly constructed home already constructed beyond the rear yard and setback line The hearing will be held at Friendswood City Hall, Council Chamber, 910 S. Friendswood Drive, Friendswood, Texas. Documentation is available for review at the City Secretary's Office, 910 S. Friendswood Drive,Friendswood, Texas. DATE: July 01,2008 TIME: 7.00 PM U&CAA./-e-sy\c_� Deloris McKenzie, TRMC City Secretary N �137�ZU 62.27 o0�m is A I N y N jj��''/�Q V p 4 ��� \ -4 Z �I o rnV rn ov r J / �..d/`�J� Ca L51 �tiCy �' N c) p ( I 00' L- 25' e.L <• 64.6 • I N L49 , r z—{ I o) 65.50 78.54 o S N 41'43 32 E 234.04 6 �''• S35' 3'16"W �^ N 41'43'32" E 340.03' 1.04' �-DR CA R.O.W. w 1 I E--- - 41'4 '3 " .0 ' p b 4 I c� 00 v�0 104.00' s z w N W �03 20' B.L—` O 2 I low 12 tizm 7� co S 41'4332 WF14 —00 p O `u 00 N 'p Ip ® I 130.00 co .00 I 129.00' 151.03' m o O M 4 v "' NO �455 20'9 V4 co 41'43'32" E I C. -le �, o po 00 �( o ao 105.01 — . z o m V Q o WBtrMM LN r .001 OW MW L25 51.03' 41'43'3 " E °f- Qlima O 105.01 = I IrIft V to — I O N m 00' o I 129.00' i 151.03 r 0s z - 130.00' I I v z Co V Y co co p p p Ir Crl V O Co i O vO I O �• O I w w 0' V 129.00' �D,3' � ^'-�I g ON � 130.00' 23" W w T I A I o b` O O W N Wr I w VCt `W �S7 � u. I d N 41'43'32" E w 130.00' vile ' !� 129.00' 151.03' m IN 41'43'32" E o N 'y O M N N I C w � 54'47 449 g" g 130.39' / N 41'43'32" EE 10 rn °j Sv 6-42'11" W '32" .E I �y ) �3)• 3, 146.23' m \ g + g > 0 J �� A= S 41'43'32" W rot. O �� 8 r� 72. 1 / /` m C ,7y / 6��01112 S ti `•s?8l lt9ZS�" May 27 01 10:09p Mike C. 281-482-2797 p.2 VJr rAil 4vots L4:tti Ytf1488b526 SHANKS SURVEYORS LLC PAGE 01/01 MAP OR PLAT RECORDED IN PLAT 2007A MAP 36-38 GALVESTON COUNTY MAP RECORDS. Ttiv origirol work is protected under Copyright Lows. TiLle 17 United Stotea Code 101 and 102. All violators wile be prosecuted to the fullest extent of Ot law. The survey is being Drevided solelyfor the use of the recipients named herein, and no license hoc as been created, express or implied. to copy the auevey except as Is necessary (n conjunction wrtru the original transaction which Oc shoI take place within thirty (30) days from the date adjacent to the aignabrre tine hereon. ru Bearings based on recorded plat found or set iron rods at oil comers. - u / o / \ 12 z° ` LOT 11 o \\ \ uUJ o 'Ja \ ap \\ w + PROPOSED \ \ el 4O \ a p � I uSF a is. 1 r- u 1 z tt" 0 11 NHNu a m J m 1 1 vinia. s I mo I �_ • r 7.51 e o ` }O � V1 l��"_ O I�I 1 I'' pQ` M, C `•0110 CZ O O Iro ecc LJ � 1 • l�l�ly i O C ZZ Wau � J I/ gg.t■4-yf _ t '3'1 F''^ a. + �y+c,} q�p �t�lnv'd ;: - -.1 O y I• r e 6 It',S."t3_t 113 5' {�' 41 7A�v ' =N O W '. U T BL , SITE � z y� in I I 5� n I t � d a �- vi z_ a. z "dam y Wt� q6W aaZ . O C fa W W Q ¢_ �•p 7J 3 yj N W — 1— Ci pLzp �YC�A 2Z SITE PLAN LOT 13, BLOCK 2, NORTHFIELD ESTATES GALVESTON COUNTY, TEXAS (FINAL PLAT) 3c o le: 1=30' ]ate: 04/28 08 ALL INFORMATION ON T}{($ PLOT PLAN INCLUDING ANY ` F� wrve d_ 05�5/08 SQUARE FOOTAGE CALCULATIONS, SITE ELEVATIONS, AND `` F.�'1T FR% + i1rown 8y PROPOSED GRADING IS PRELIVINARY AND APPROXIMATE, 8 �% 7 )raven B ' O ACTUAL CONSTRUCTION OF TH% STRUCTURE ON SITE 9RfyNTY/QOp HOMES DEWtTE FROM S THE PLOT P 'urehosef DEBCRETION OF E PLO O PLAN WITHOUT TS DUT NOTICE AT THE 11t"�APIK3 1E21 ob No. 46357 9'1L��FSS\sty"QQ BILLY L. SHAN R.P,L.S. #'821 SU R �j BILLY L. SHANKS 1414 W11;v, EST LN. HOUSTON TEXAS 77062 81-488-14 6 FAX 281-458_5526 MAP OR PLAT RECORDED IN PLAT 2007A MAP 36-38 GALVESTON COUNTY MAP RECORDS. This original work is protected under Copyright Laws, Title 17 United States Code 101 and 102. PJI violators will be prosecuted to X the fullest extent of the law. This survey is being provided solely for the use of the recipients named herein, and no license has been created, express or implied, to copy the survey except as is necessary in conjunction with the original transaction, which C shall take place within thirty (30) days from the date adjacent to the signature line hereon. 0 Bearings based on recorded plat. Found or set iron rods at all corners. N 01 04 LO O i• ( �� � //// / cD C Cr L 00 N / // Vt ,E // \ 12 z 0 4) i / /�/ LOT 13 \\ \\ U \ \ 10.04 24.75 10.04 11.57LL \ \ w -�----x b1N(A \\ v P \\ 0 m�~ T FORM 10. i \\ I t0i NI z93 m C: I (n \m. rn YN I O � 'c 9.75' C) M p12.15' \ . \ \ 0 I f 0 �Tl v S 1101 3 \. \ O ;0 1 E 3 n m I f \ \ Q j 0 I o / \ \ O O} 0s iZ r 0— to R, \ :«, 0 1 ' / Ra st 10 0, C: h / LQ2 5 8� Lo13.t0 o C: IA C 0 In, / Cl) o Ir 1 J v 0� I� I I I I Ln Z r N I I NORTHFIELD DRIVE ~ rn I 1 1n T U 01�. C !n L (A .0 O L SITE PLAN LOT 13, BLOCK 2, NORTHFIELD ESTATES GALVESTON COUNTY, TEXAS (FINAL PLAT) Scale: 1=30' � U r Date: 05/07 08 THIS PLAT IS AN ACCURATE REPRESENTATION OF THAT `Pd�°GlSTc1q,%/- Revised: 05/13/08 SURVEY MADE ON THE GROUND UNDER MY SUPERVISION. �Q� OO°o9 Survey By: T.S. THERE ARE NO APPARENT ENCROACHMENTS OR CONFLIC Drawn By: C.H. ACROSS PROPERTY LINES AT THE TIME OF THIS SURVEY, BuA yL,SIL4N{S For: BRENTWOOD HOMES EXCEPT AS SHOWN HERON. ° 1821 ° Purchaser: 00 ?o" & F�� Job No. 46357 BILLY L. SHANKS R.P.L.S. #1821 BILLY L. SHANKS 1414 WAVECREST LN. 281-488-1486 HOUSTON TEXAS 77062 FAX 281-488-5526 Name Address City,State Zi Catawba Development, LLC 1025 NW Couch#1114 Portland, OR 97209-4135 Douglas R. &Gina Dooley 702 Piney Ridge Dr Friendswood, TX 77546 Mary A. Harlow 700 Piney Ridge Drive Friendswood, TX 77546 Spencer Brown 508 Southfield Dr. Friendswood, TX 77546 Stephen Schrader 505 Southfield Dr. Friendswood, TX 77546 Tessa Swientonioski 612 Northfield Dr. Friendswood, TX 77546 T neshia Shelby 608 Northfield Dr. Friendswood, TX 77546 Kevin Utsey 604 Northfield Dr. Friendswood, TX 77546 Kevin Sunn 601 Northfield Dr. Friendswood,TX 77546 Michael Shavlan 1605 Northfield Dr. Friendswood, TX 77546 6/19/2008 600 Northfield Dr variance Mayor DAVID J.H.SMITH City of Friendswood Councilmembers MICHAEL E.BARKER 910 South Friendswood Drive JIM JIM H� Friendswood, Texas 775464856 LESLIE REID (281) 996-3270 BILLY LBERT �.. Fax: (281)482-1634 RIVERA Interim City Manager ROGER ROECKER City Secretary DELORIS McKENZIE,TRMC June 19, 2008 TO WHOM IT MAY CONCERN: In accordance with State and Local Zoning Law, all owners of land within two hundred feet of any property being considered for an appeal, variance, or a special exception must be afforded an opportunity to address the subject at a public meeting held for this purpose. You are hereby notified that the Friendswood Zoning Board of Adjustment will hold a Public Hearing to consider a request for a variance that may be of interest to you. PROPERTY OWNER: Brian K. Seiler LOCATION OF PROPERTY: 600 Northfield Dr, Galveston County, Texas REQUESTED VARIANCE: Seeking a variance for property located at 600 Northfield Dr. Lot 13, Block 2 Northfield Estates, a subdivision in Galveston County, Texas of required twenty-five (25) foot rear yard setback of Appendix C — Zoning, Section 7.Q.3., Regulations Matrix Residential Districts of the Friendswood City Code to allow a newly constructed home already constructed beyond the rear yard and setback line The hearing will be held at Friendswood City Hall, Council Chamber, 910 S. Friendswood Drive, Friendswood, Texas. Documentation is available for review at the City Secretary's Office, 910 S. Friendswood Drive,Friendswood, Texas. DATE: July 01, 2008 TIME: 7:00 PM CnE4VJ) Deloris McKenzie,TRMC City Secretary �(A Nj � p \C�2 n N N d N O /cn�Q V �J� ���Gl I I\ 4 m I r Ln C � O4 O P c0�� -' rn L51 OJT C,'0� �' N O Z " t0 N m i I PM M mmi 78.54 �, �S o N 41'43 32 E 234.04 6 �` ��'. S35. 3'16ow N 41'43'32" E 340.03' o 1 1.04' LD DR 60 R.O.W. C.4 I - )' q 41'43'3 .03' p Z ob w� l L� 104.00' s N P Cd b63 20' B.4 0. � J N S 41'43'32" W — — O 8" i 130.00 - - g LN 129.00151.03o 4 5 201 � °'� cn tp � 'cp41'43'32" E a I o o�� J-4 0 co o co y 10�5p.0�1 ,u r — — J Z OV ,C� O O WG7I�Y LN �_°• 1of 29.0 151.33' !0' MW L25 r JvN, to C v toI� `w p t � 15 zo B.L. �.. T r. 0 129.00' 151.03' 0 I I V Z ico & z 130.0 N Z � ro `t$ OD� ` I i J V �: Im Gl p O o tiN I OO N- co cq ^�j` O I OHO p V 3" yy N+ Ni. Cm 130. . 00' fw _- co _ —T- N W ' I �I O O O in .� cr v �p Or 7 v! rn v N 41'43'32" E w - 130.00' ini`L� 129.00' 151.03' m — l / \` N 41'43 32" E w \ I^ � 1 Op ' ? W v_ ,4 ©j N LN s4'4 .7 130.39, / vN.41'43'32" E �1a � c•.1J 10' W W �� OD RS �� cn Cli m tt I l � � ,E - N) . ?4�3j4 S 146.23' ?41' Q �= <P S 41'43'32" 0. 8 r� 72. 1 / /` m C 0 'S' / 0 4g�89. / / ZONING BOARD OF ADJUSTMENT Ordinance 132,4/13/70 Number of Members 5 Regular 4 Alternates I REGULAR MEMBERS TERMS l 1. David O'Brien,III 7/07—7/10(7`'term) �'t 3 3 rj (PM 103 Garden Road (h)281-482-0527ley _( ' 2.Ronald Dyer 7/07-7/10(1st term) 1409 Falling Leaf (h)281-992-1085 (w)281-476-1501 3. Greg Hughes-Chairman 7/06—7/09(e term) 217-B East Parkwood (h)281-648-9115 (w)281-992-3033 4. Steve Knis—Vice Chairman 7/06—7/09(2"d term) l/3 4:- g pryl vy/>,- 204 Victoria Way (filled expired term of David Dannemiller who (c)832-444-3245 resigned at end of term) 4AA5. Delvin Kendrick 7/07—7/10(1st term) 1105 Briar Creek Dr. 1 �� D�3 ( ���" r,, U D (h)281-482-6418 ALTERNATE MEMBERS 1. Linda Thornton 7/07-7/10(1"term) 200 Stonehenge Ln. G U (h)281-482-7118 2.Glen Grayban 7/07—7/10(1st tern) 1527 Garden Lakes (h)832-818-3097 (w)713-579-0777 3. Carol A.Thelen 7/07-7/10(1"term) 2108 Pine Dr. (h)281-993-9898 (w)832-640-2923 �/ �✓ 4. Mike Czarowitz 7/06—7/09(1"term) YJ 201-C Skyview (filled Steve Knis alternate position who moved to %Council (h)281-992-2900 regular member) (c)713-252-7464 Liaison: Melinda Welsh Representative: Deputy Dir.of Community Development/Planning& Building Regulations—Frank Nianigold Liaison: None Required This Board also serves as: Fire&Life Safety Code Board of Adjustments and Appeals City Council approved 8/11/89. ❖ Flood Damage Prevention Appeals Board;Ordinance 87110 City Council approved 6/6/88. Appointed July of each year for three year terms as per policy(fated 7-10-06. *Chairman and Vice Chairman will be appointed for mo-year terns following the appointment and reappointment time frame. Chairman and Vice Chairman may not serve more than one(a)consecutive two-year term in each position. Meets 4`"Tuesday of each month as needed H:\ZBOA\ZBOA Roster updated 2008-01-29.doc Rev.0124/08 MAP OR PLAT RECORDED IN PLAT 2007A MAP 36-38 GALVESTON COUNTY MAP RECORDS. This original work is protected under Copyright Laws, Title 17 United States Code 101 and 102. All violators will be prosecuted to X the fullest extent of the law. This survey is being provided solely for the use of the recipients named herein, and no license has been created, express or implied, to copy the survey except as is necessary in conjunction with the original transaction, which c shall take place within thirty (30) days from the date adjacent to the signature line hereon. 0 Bearings based on recorded plat. Found or set iron rods at all corners. rn LO O 00 d' 0 00 >✓ / fig• \ z a- o i LOT 13 \ \ CP < v I_ /// �.as 2 10.04 24.75' io o4 11,67' \\ y \\ l7<17N O C �OIm �- ° �,IZ g N °, _ -Im to \\ \\ x I� \ a v �1:-i�^ N FORM 10.0 ;•35 \\ o o'I A 0 \ \ < ° Nj Z M \ C I 0 ELo\� U I 6.37'010.40' 012.15' 11.33'ri o -0 EX � I < I M S 12'19 3� E O C I 10J.27 LL 3 m C a \ \ to In - \ m L (Tt \ ° < m ? ----- \ -1 O _ _ \ i ' E m \ o « ° o Im < io N C I I—+ U I R-25 m1�0- C °° IT / L-21.s8° � E >% I� / :t `o C Im C Im a) 0 I(A _J 0 ~t1 a) I I o NORTHFIELD DRIVE w o °�', � I v o,° I— C U) c SITE PLAN LOT 13, BLOCK 2, NORTHFIELD ESTATES GALVESTON COUNTY, TEXAS (FINAL PLAT) Scale: 1=30' A \ Date: 05/07 08 THIS PLAT IS AN ACCURATE REPRESENTATION OF THAT P, VlS TfR°% Revised: 05/13/08 SURVEY MADE ON THE GROUND UNDER MY SUPERVISION. o�Q�" o9 Survey By: T.S. THERE ARE NO APPARENT ENCROACHMENTS OR CONFLIC