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HomeMy WebLinkAbout06-25-2009 ZBOA Regular Meeting-700 N. Clear Creak Drive DATE SCHEDULE
ZONING BOARD OF ADJUSTMENT
Name of Applicant: Jedd and Ann Gulledge
Location of Property: 700 N. Clear Creek Dr.
Galveston County, Texas
Reason for Variance: Seeking a variance for a fence to be built beyond the front building line at
700 N. Clear Creek Drive, Lot 16, of the Friendswood Forest Subdivision in Galveston County, Texas,
from the requirements of Appendix C Section 813, fences, walls, & hedges, of the of the Friendswood
City Code
Reason for Appeal: Seeking an appeal from a determination by the Building Official regarding
construction of a fence beyond the front building line at 700 N. Clear Creek Drive, Lot 16, of the
Friendswood Forest Subdivision in Galveston County, Texas
Proposed Done Rescheduled Done PH
PH Date Date
7/28/09 8/25/09 9/22/09
Application received in City Secretary's office 7/07/09
Request CDD office to furnish name of 7/07/09
property owners within 200 feet
Notification letter sent to Board with general 7/16/09 7/20/09 rescheduled 7/23/09
info Staff/City Attorney notice to Bd.
Letters mailed to property owners within 200 7/17/09 7/17/09 8/13/09 9/1109
feet(10 days prior to Hearing)
Agenda and packet sent to Board 7/23/09 8/20/09
Agenda posted and sent: M, C,CM, CA, Staff 7/23/09 8/20/09
& Property Owner
Public Hearing held 7/28/09 8/25/09
Decision made by the ZBOA & signed by
Chair
Applicant has been notified by copy signed by
Chair
DATE SCHEDULE
ZONING BOARD OF ADJUSTMENT
Name of Applicant: Jedd and Ann Gulledge
Location of Property: 700 N. Clear Creek Dr.
Galveston County, Texas
Reason for Variance: Seeking a variance for a fence to be built beyond the front building line at
700 N. Clear Creek Drive Lot 16 of the Friendswood Forest Subdivision in Galveston County, Texas,
from the requirements of Appendix C Section 8B, fences, walls, & hedges, of the of the Friendswood
City Code
Reason for Appeal: Seeking an appeal from a determination by the Building Official regarding
construction of a fence beyond the front building line at 700 N. Clear Creek Drive, Lot 16, of the
Friendswood Forest Subdivision in Galveston County, Texas
Public Hearing Date Proposed Done Rescheduled Done
7/28/09 8/25/09
Application received in City Secretary's office 7/07/09 ^
Request CDD office to furnish name of 7/07/09
property owners within 200 feet
Notification letter sent to Board with general 7/16/09 7/20/09 rescheduled 7/23/09
info Staff/City Attorney notice to Bd.
Letters mailed to property owners within 200 7/17/09 7/17/09 8/13/09
feet(10 days prior to Hearing)
Agenda and packet sent to Board 7/23/09 8/20/09 �
Agenda posted and sent: M, C,CM, CA, Staff 7/23/09 8/20/09
& Property Owner l
Public Hearing held 7/28/09 8/25/09
Decision made by the ZBOA & signed by
Chair
Applicant has been notified by copy signed by
Chair
DATE SCHEDULE
ZONING BOARD OF ADJUSTMENT
Name of Applicant: Jedd and Ann Gulledge
Location of Property: 700 N. Clear Creek Dr.
Galveston County, Texas
Reason for Variance: Seeking a variance for a fence to be built beyond the
front building line at 700 N. Clear Creek Drive, Lot 16, of the Friendswood Forest
Subdivision in Galveston County, Texas, from the requirements of Appendix C
Section 8B, fences, walls, & hedges, of the of the Friendswood City Code
Reason for Appeal: Seeking an appeal from a determination by the
Building Official regarding construction of a fence beyond the front building line at
700 N. Clear Creek Drive, Lot 16, of the Friendswood Forest Subdivision in
Galveston County, Texas
Proposed Done
Public Hearin Date: 7/28/09
Application received in City Secreta 's office 7/07/09
Request CDD office to furnish name of property
owners within 200 feet 717/09
Notification letter sent to Board with general info
Staff/City Attorney 7/16/09 7/20/09
Letters mailed to property owners within 200 feet
10 days prior to Hearin 7/17/09 7/17/09
Agenda and packet sent to Board 7/23/09
Agenda posted and sent: M,C,CM, CA, Staff
& Property Owner 7/23/09
Public Hearing held 7/28/09
Decision made by the Zoning Board of
Ad'ustment & signed by Chair
Applicant has been notified by copy signed bV Chair
CMINacc
clfv No D ?
NO.. ` 9
JEDD GULLEDGE '� d IN THE DIS OURT
and wife,ANN GULLEDGE, OCT 2009§
Plaintiffs RECEIVED
c. ITY OF FRIENDSWO t'
CITY SECRETARY§ y y,
V. �'f�-'�s °� Z.'�JUDICIAi'DIS
12 OZ6��
BOARD OF ADJUSTMENT OF THE CITY §
OF FRIENDSWOOD, TEXAS and §
THE CITY OF FRIENDSWOOD, TEXAS §
Defendants § GALVESTON COUNTY, TEXAS
PLAINTIFFS' ORIGINAL PETITION FOR WRIT OF CERTIORARI
AND ORIGINAL PETITION FOR DECLARATORY JUDGMENT
TO THE HONORABLE JUDGE OF SAID COURT:
COME NOW JEDD GULLEDGE and wife, ANN GULLEDGE, Plaintiffs in the above
cause complaining of the Board of Adjustment of the CITY OF FRIENDSWOOD, TEXAS
AND THE CITY OF FRIENDSWOOD, TEXAS, Defendants, and for causes of action would
show the following:
PARTIES
1. Plaintiffs, Jedd and Ann Gulledge are residents of the City of Friendswood, Texas,
located in Galveston County, Texas.
2. The City of Friendswood, Texas ("Friendswood") is an incorporated city (home rule) in
Galveston County, Texas and may be served with citation by serving its Mayor and/or
City Secretary at 910 South Friendswood Drive in Friendswood, Texas 77546-4856
3. The Friendswood Zoning Board of Adjustment ("Friendswood Board of Adjustment") is
an appointed board of the City and may be served with Plaintiff's Petition by serving the
Mayor and/or City Secretary at 910 South Friendswood Drive in Friendswood, Texas
77546-4856.
DISCOVERY CONTROL PLAN
4. Discovery in this lawsuit is to be conducted under Level 2 of the Texas Rules of Civil
Procedure 190.2.
FACTS
5. The Gulledges (Plaintiffs) purchased the home site in question in January of 1986. The
entire property was fenced at that time and continuously thereafter. The fence has been
upgraded in stages. The fencing is now complete with limestone columns and aluminum
fretwork in the front and with limestone columns and cedar on the sides. The house sits
1
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back approximately 200 feet from the road and front gate. The old fence was a mix of
cyclone fence or barbed wire and wood posts. The front fence is what has offended the
city, except for the gate and four columns along the front street line, which were
permitted and are not challenged.
THE PERMITTING PROCESS (AND MORE FACTS)
6. The fence repair in the front began in 2007. Plaintiffs had no idea they needed a permit
for such an attractive enhancement to an older and less desirable fence. Jedd Gulledge is
in the construction business. As work progressed the city inspector showed up and
informed Plaintiffs that a permit was needed for the front fence unless they have 2 acres
or more. Plaintiffs applied on 05-25-2007. Unfortunately their application just said "to
build a fence". It said nothing about repair of the old fence, which Plaintiffs, in
retrospect, feel would have made a difference before the city building department dug in
its heels. It was denied ostensibly because the ordinance says one may not have a front
fence unless the tract is two acres or more. The denial said it was less than 2 acres. This
lot is 1.6+ acres. At the same time of that denial, City inspectors told Plaintiffs that they
"would not even need a permit if they were merely repairing an old fence", but suggested
that they would need a gate permit (for the gate and its columns). So Plaintiffs applied for
the gate (and columns) permit. That was granted on July 31, 2007 for the gate and four
columns (2 on each side). Plaintiffs built the gate and the columns and ran electricity to
same, all pursuant to permit. The gate and columns and side fence (except the portions of
the side fences falling between the face of the house and the front of the lot) are not
contested though the Building Official told the Board that only the gate and two columns
were permitted, but the gate permit clearly shows 4 columns.
7. Once the gate/4 columns permit was issued, Plaintiffs began work again. The gate and
columns were already built. The rest of the fence was restarted since Plaintiffs had been
told that they"would not even need a permit if they were merely repairing an old fence".
Another inspector appeared at the home and told the wife-"you need a permit for that
fence" and she said: "My husband was told we did not need a permit if it was a repair of
an old fence." He replied: "Oh, if it is being repaired, that is ok. It is grandfathered. Here
is my card". It is important to note that the inspector did not then nor at anytime "red
tag" this job. The work was completed. Much later the city began to formally complain
of the fence in the front and the fact that the acreage is less than 2 acres. Plaintiff tried
once more to obtain a fence permit based on the fact that the property had always been
fenced; they filed a engineers certified survey reflecting a fence in place completely
surrounding the property. That too was rejected with the notation, "this fence was built
before the house was built". Nothing in the ordinance requires a house to be built before
a fence is built, yet that was the building official's stated reason for turning down the
pen-nit.
THE APPEAL(S) BEFORE THE BOARD OF ADJUSTMENTS (BOA)
AND THE DECISION(S)
8. The administrative appeal was filed, first as a two pronged appeal:
(1) A direct appeal of the decision of the Building official; and
(2) A variance was sought.
2
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An initial hearing was conducted in August 2009 and reset to permit the application to be
amended and expanded to relief under brand new ordinance provisions entitled "Special
Exceptions". The application was amended and the hearing was reconvened on
September 22, 2009. This is the first time Special Exceptions have been sought since the
ordinance was amended to allow same. At the close of the second hearing a vote was
taken on each prong of the appeal. Under the new "De Minimus" prong of the Special
Exceptions" the request did not pass by even a majority. Under the new "vague and
confusing"prong of the Special Exceptions it received the support of a majority,but not a
supermajority. Under the traditional variance prong, it did not even receive a majority
vote. Under the appeal of the Building Official's interpretation it received a majority
approval but not a supermajority. So the appeal to the BOA failed since it did not receive
a supermajority of 4 out of 5 on any prong. It is from this or these decisions that the
Gulledges hereby timely (within 10 days) appeal and seek the issuance of a writ of
certiorari from this court.
THE RESULTS OF THE BOARD OF ADJUSTMENTS (BOA) DECISION(S):
9. The fine mess of circumstances are such that the Building Official and the BOA have
decided (by failing to get a supermajority of 4 votes (out of 5) when only a majority (3
out of 5) of the board voted to approve the front fence. The gate and columns may stay in
front of the house, as permitted, but the expensive limestone columns (other than the 4
that were permitted with the gate) and aluminum fretwork must come down (and
arguably the old cyclone fence be put back). Alternatively, since it is "fences" and not
columns that are prohibited unless one has 2 acres of land, Plaintiffs could remove the
aluminum fretwork and keep the columns, since the columns would no longer function as
a fence without the fretwork. The City of Friendswood zoning ordinance defines fence as
follows..."Fence. A structural device forming a physical barrier which obstructs passage
of humans or animals."...Decorative columns are not prohibited. Fences are. Declaratory
Judgment relief is needed and sought as to what is the status quo as to (1) the right of
Plaintiffs for columns without fretwork to remain as yard art like the stelae at Tulum in
Mexico. (2) the right to reinstatement by plaintiffs of the grandfathered less desirable
cyclone/barbed wire/wood post fence for security in a shabbier form. It is from this or
these decisions that the Gulledges hereby timely (within 10 days) appeal and seek the
issuance of a writ of certiorari from this court.
CAUSES OF ACTION:
A. Judicial Review of Zoning Board of Adjustment Decision and Application for Writ
of Certiorari.
10. The Gulledges incorporate all preceding paragraphs.
11. The Zoning Board of Adjustments rendered the ruling(s) described hereinabove on the
22ad day of September 2009 and filed it with the City on the 24 h of September, 2009.
The Gulledges are persons aggrieved by that/those Zoning Board ruling or rulings.
3
12. This petition and application for writ of certiorari is filed within ten (10) days after the
date the decision was filed in the Board's office and therefore pursuant to the Texas
Local Government Code Section 211.011 (b), this court has jurisdiction over this matter.
13. Under Texas Law, the method by which a court reviews a Board of Adjustment's
decision is by issuance of a writ of certiorari. The purpose of such a writ is to require the
Board to forward to the Court the record of the particular zoning board decision being
challenged. Once issued, the writ is served upon the board and the board is required to
make its return. Tex. Local Gov't Code Ann., Sec 211.011 (c). We seek that writ.
14. The Gulledges seek the issuance of a writ of certiorari from this court because the Zoning
Board of Adjustments decision(s) was/were an abuse of discretion as to one or all
decisions, and thus was/were "illegal in whole or in part" Tex Local Gov't Code Ann.
Sec 211.011 (a).
15. The essential facts pertaining to this issue are apparently uncontested. The size of the
home site and its location and the location of the fence in question are not disputed. It is
the conclusions reached by the board that are contested. The difference between 2 acres
and 1.6+ acres is "de minimus". The example in the ordinance is a 9.5 foot set back when
the rule is 10 feet. This is clearly a very large and expensive home site. The face of the
house sits back 200 + feet from the gate. All houses around this house are large
homesites. No one is harmed and no one complained at the hearing. All nearby neighbors
were twice notified of the relief sought. Neighbors signed a petition to grant the request.
It is for these reasons, among others, that the Plaintiffs request the issuance of the writ
and the reversal of the Board Decision(s).
16. In addition, the Board abused its discretion and acted arbitrarily and unreasonably and
failed to make adequate findings of fact. The decision(s) was/were not supported by the
great weight of the evidence.
17. In making its decisions to uphold the incorrect and arbitrary decisions of the building
department denying a permit for the fence in front of the house (except for the gate and
its columns) the Board acted in an unjust, unreasonable and capricious manner, or in bad
faith, with gross negligence or with malice. Therefore the Plaintiffs should be awarded
their costs, damages and attorney's fees.
18. Alternatively, if the applicable ordinances are construed so as to purportedly prevent
construction of a fence in front the house while leaving the permitted gate and 4 columns
as stand alone architectural curiosities, then these ordinances are impermissibly vague
and ambiguous and they unlawfully deprive Plaintiffs of valuable property rights and
interests (including the right of privacy under Texas law) and are inconsistent with Texas
Law and the Texas Constitution that prohibits the "taking or damaging" of property
without just compensation. Nothing herein is intended to plead a federal constitutional
issue.
4
B. Texas Declaratory Judgment Act
19. Plaintiffs incorporate all prior paragraphs. Plaintiffs seek a judgment from this court
pursuant to the Texas Declaratory Judgment Act that:
a. A fence is a structure under the ordinance. The columns and the aluminum fret
work as built are a fence. Columns without fret work or other fencing materials
are not a fence. The columns in place in front of the house of Plaintiffs at this site
may remain on site as built even if a fence may not be located in the front yard.
b. The property has been fenced since it was purchased in 1986. Due to its age in
place, that old fence is grandfathered from these requirements. If the new fence
must be removed, the old fence (cyclone and barb wire and wood) may be
reinstalled as it was before the repair was begun.
c. The difference between a 2 acre tract and a 1.6+ acre tract for purposes of
determining whether a fence may stand in a front yard of a large home site is a
"de minimus" difference as defined in the Friendswood Zoning Ordinance.
Therefore it is entitled to a Special Exception under the city zoning ordinance.
d. As hereinbefore plead, the ordinance is ambiguous and confusing especially the
sections that say:
Section 8 B: Fences, walls and hedges. "Except as provided below, fences, walls
and hedges are permitted in or along the edge of any required yard. Additionally,
fences, walls and hedges may only be constructed in front yards on lots
adjacent to FM 528, FM 2351 and FM 518 north of FM 2351 and south of FM
528 or on lots greater than two acres, provided that no hazardous visual
obstruction is created"; and.
Section 6 D Non Conforming Structures 2. (e) Repairs and Maintenance. "On any
nonconforming structure or portion of a nonconforming structure, work may be
done in any period of 36 consecutive months on ordinary repairs, or on repair or
replacement of non bearing walls, fixtures, wiring, or plumbing, to an extent not
exceeding 50 percent of the current replacement cost of the nonconforming
structure or portion of the structure, as the case may be, provided that the cubic
content existing when it became non conforming shall not be increased."
It was this "cubic content" issue in Section 6 D that was most confusing to the board and to all
fair minded people for it is and was unclear as to what was to be measured. Was it the one
dimensional linear acreage on the ground? If so, there has been no increase in cubic content
because it is undisputed that the perimeters of the fenced area on the ground have not increased
at all. Was it the geometric shape of a bowl with the foot of the fence as the base and the top of
the fence as the tip-a hypothetical vessel for measurement of volume or cubic content? There
was much Board head scratching and speculation as whether or not any increase in new fence
height added to the "cubic content". Frankly the language is odd and confusing. A majority of
the board agreed and voted to grant an exception based on such obvious confusion, but it takes 4
reasonable minds and not just a majority. Also, to add to the confusion, the neighbors who share
the fence have shorter front yards. The only prohibition we are dealing with is a fence in the
5
1
front yard. The encroachment on the front yard portion of the side fence on each side of the
subject tract is less of an encroachment by each short yarded neighbor than it is allegedly an
encroachment by these Plaintiffs whose front yard is over 200 feet deep. And no neighbor cares.
This kind of fact situation is precisely what a board of Adjustments is for. We just could not get a
supermajority to do the right thing. We only got a majority, so we need judicial relief.
C. Estoppel.
The preceding paragraphs are incorporated. City staff originally told plaintiff they needed
a fence permit, then twice told plaintiffs they did not need a permit to repair an existing
fence. City staff granted a permit to build a gate and 4 columns for a fence, then turned
around a made those columns and gate useless yard art. Plaintiffs tried to follow the law.
Plaintiffs stopped when they were told to stop, applied when they were told to apply,
obtained a gate permit that by its very existence implied it had a purpose as part of a
fence and the last person they talked to on site said: Oh, if you are repairing an existing
fence you do not need a permit because it is grandfathered. Here's my card. Only then
did they proceed to complete a beautiful and very expensive limestone columned with
aluminum fretwork between the columns in the front yard of their home. That is reliance.
Detrimental reliance. City is estopped to deny the fence permit.
ATTORNEY'S FEES
20. The Plaintiffs seek and are entitled to attorney's fees and expenses from the Defendants.
PRAYER
WHEREFORE, PRENIISES CONSIDERED, Plaintiffs respectfully request that the
City of Friendswood, Texas and the Friendswood Board of Adjustment be cited to appear and
answer, and that on final trial Plaintiffs have Writ of Certiorari and the following:
1. A Declaratory Judgment declaring that the zoning ordinance as it applies to the
Friendswood Zoning Board of Adjustment is vague and confusing, fails to set a
reasonable and understandable standard and therefore is void. A majority of the Board
agreed that it was confusing and required clarification.
2. A judgment pursuant to the ordinance and/or pursuant to the Local Government Code
211.011 (to the extent it is inconsistent with Declaratory Relief) constituting a reversal of
the decision(s) of the Board of Adjustment as to these various bases of administrative
appeal. The decision(s) of the Board as to the property in question is/are arbitrary,
capricious and unreasonable and should be reversed so as to permit the fence to remain as
built.
3. That the difference between a residential home site of two acres and one of 1.6+ acres
is a "de minimus" difference, so the decision of the Board finding it was not a "de
minimus" difference was arbitrary, capricious, unreasonable and wrong and it should be
reversed so as to permit the fence to remain as built.
6
1
4. That Plaintiffs were entitled to a variance under the ordinance and the Board
decision(s) should be reversed so as to permit the fence to remain as built.
5. That the decision of the Building Official denying a permit because "the Fence was
there before the house" is arbitrary and unreasonable and is not a valid reason to deny a
fence permit.
6. A permit was not required for the repair of this fence under the terms of the ordinance.
7. Alternatively, if it is determined that the fence in question may not remain in front of
the house,then:
(a) the fence consists of the columns and the aluminum fret work. Columns
without aluminum fret work are not a fence. If the fret work is removed, the
columns may stand as built without the stigma of"non conformity".
(b) the portions of Plaintiffs' side fences between the front face of the house and
the front of the lot may stand as built without the stigma of"non conformity", if
they are not in the front yard of the adjoining neighbor's property.
(c) All side fences as built that are not in the front yard of Plaintiffs' property may
stand as built without the stigma of"non conformity".
8. Attorney's fees and expenses.
9. Costs of suit.
10. Such other and further relief to which Plaintiffs may be entitled.
Respectfully submitted,
GREGG& GREGG, P.C.
16055 Space Center Boul d
Suite 150
Houston, as 77062
Telep e (2 4
Fac le ( 4
BY:
State ar No. 0842900
CHRISTOPHER A. GREGG
State Bar No. 00796671
ATTORNEY FOR PLAINTIFFS
7
i
VERIFICATION
STATE OF TEXAS
COUNTY OF GALVESTON §
Plaintiff, Jedd Gulledge, being duly sworn, says that W has read the foregoing Original
Petition for Writ of Certiorari and Original petition for Declar4jory Judgment and that is contents
are true and correct of his own knowledge.
JEDD DGE
SUBSCRIBED TO AND SWORN, before me on t J e I -day of October, 2009,to
which witness my hand and official seal.
�V U
NOTARY PUBLIC i and for
t�wd�d,/l✓✓✓,F/,/,/,/,/�,�,�ff�✓.�� The State of Texas
1 `OPRYPp�'� SHAR ROGERS (�
4 * NOTARY PUSLIC,STATE OF TEXAS c4
MY COMMISSION EXPIRES `ll
(l OCT. 5, 2010 l
8
1
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the above and foregoing document has
been served on the following parties by certified mail, return receipt requested on the 1st day of
October, 2009.
City Secretary 70081830 000134214114
City of Friendswood, Texas
910 South Friendswood Drive
Friendswood, Texas 77546
Frank Manigold, CFM 70081830 000134214190
Deputy Director of Community Development
Planning and Bulding Regulations
City of Friendswood, Texas
910 South Friendswood Drive
Friendswood, Texas 77546
Bobby Gervais 70081830 000134214428
Olson and Olson
Wortham Tower
2727Allen Parkway
Suite 600
Houston, TX 77019
Dick egg, Jr./L
9
t ,
NO.
JEDD GULLEDGE § IN THE DISTRICT COURT
and wife,ANN GULLEDGE, §
Plaintiffs §
§ �y
V. § JUDICIAL DISTRICT
BOARD OF ADJUSTMENT OF THE CITY §
OF FRIENDSWOOD, TEXAS and §
THE CITY OF FRIENDSWOOD, TEXAS §
Defendants § GALVESTON COUNTY,TEXAS
WRIT OF CERTIORARI
TO: CITY OF FRIENDSWOOD, TEXAS BY AND THROUGH ITS MAYOR OR CITY
SECRETARY; CITY OF FRIENDSWOOD ZONING BOARD OF ADJUSTMENT BY AND
THROUGH THE CITY SECRETARY OF THE CITY OF FRIENDSWOOD, 910 SOUTH
FRIENDSOOD DRIVE, FRIENDSWOOD, TEXAS 77546-4856
You are hereby notified that a Writ of Certiorari has been issued in this proceeding pursuant to
the Court's authority under Texas Local Government Code § 211.011. The decision under appeal
is set forth in Plaintiffs' Original Petition for Writ of Certiorari and Original Petition for Declaratory
Judgment previously served on Defendants. You are ordered to file a verified return with this Court
and with Plaintiffs' attorney of record within days of the entry of this order. Such return
must concisely state any pertinent and material facts that show the grounds of the decision at issue
in this appeal and must include either the original documents on which the board acted or certified
or sworn copies of such documents.
Signed this day of October, 2009.
Judge Presiding:
Page 1 of 2
Sharon Parks
From: Melinda Welsh
Sent: Friday, October 02, 2009 10:23 AM
To: Carol Thelen (cthelen@swbell.net); David O'Brien III (lindavid65@sbcglobal.net); Delvin Kendrick
(delvink@comcast.net); Glen Grayban (grgrayban@bei-us.com); Greg Hughes
(gregahughes@sbcglobal.net); Linda Thornton (lindasthornton@sbcglobal.net); Mike Czarowitz
(czarowitz@hotmail.com); Ron Dyer(rdyer3000@yahoo.com); Steve Knis (sknis@sbcglobal.net)
Cc: Sharon Parks
Subject: FW: Gulledge appeal
FYI
Melinda Welsh, TRMC
Deputy City Secretary
City Secretary's Office
City of Friendswood
281-996-3271
281-482-1634 (fax)
mwelsh@friendswood.com
"This e-mail contains thoughts and opinions of Melinda Welsh and does not represent official city
policy"
It's not what you leave behind that matters, it is what you send ahead
From: Deloris McKenzie
Sent: Friday, October 02, 2009 10:21 AM
To: Melinda Welsh
Subject: Fw: Gulledge appeal
Sent via BlackBerry by AT&T
From: "Bobby Gervais"
Date: Fri, 2 Oct 2009 09:59:32 -0500
To: Roger Roecker<rroecker@ci.friendswood.tx.us>; Frank
Manigold<fmanigold@ci.friendswood.tx.us>
Subject: Gulledge appeal
FYI-
The court coordinator called me this morning and said the judge would not be in today and the hearing is reset to
10am on Monday, Oct 5 in the 212th District Court.
If you have any questions, please feel free to give me a call.
Thank you,
Bobby Gervais
10/5/2009
Page 2 of 2
CONFIDENTIALITY NOTICE
This email and any files transmitted with it are confidential and are intended solely for the use
of the individual or entity to which they are addressed. This communication may contain
material protected by the attorney-client privilege. If you are not the intended recipient or the
person responsible for delivering the email to the intended recipient,be advised that you may
have received this email in error and that any use, dissemination, forwarding, printing, copying
or the taking of any action in reliance on the contents of this email is strictly prohibited. If you
have received this email in error, please immediately notify the sender.
10/5/2009
Page 1 of 1
Sharon Parks
From: Deloris McKenzie
Sent: Thursday, October 01, 2009 3:17 PM
To: Melinda Welsh; Sharon Parks
Cc: Amber Maurer
Subject: FW: ZBoa appeal-Gulledge
Just fyi. They have not requested any documents that I am aware of. Nor did they ask for anyone from ZBOA to
attend.
Deloris McKenzie, TRMC/CMC
City Secretary
City of Friendswood
910 S. Friendswood Drive
Friendswood, Texas 77546
281-996-3270
dmckenzie@ci.friendswood.tx.us
"Saving the City of Friendswood Historical Records for the Future"
From: Bobby Gervais [mailto:bgervais@OlsonOlson.com]
Sent: Thursday, October 01, 2009 2:59 PM
To: Frank Manigold
Cc: Morad Kabiri; Roger Roecker; Deloris McKenzie
Subject: ZBoa appeal- Gulledge
Frank-
I got a call from Dick Gregg Jr just now saying he has filed the appeal to district court of the ZBoA decision.
It is in Judge Criss' court and she wants the parties to appear tomorrow at 11 am for a hearing. He was puzzled
why and I am too frankly.
Usually the judge will issue the citation and the city has a certain time to file its"return" on behalf of the board....
have called the court coordinator to see what it is all about.
Are you available to attend the hearing in Galveston court tomorrow?
Bobby
CONFIDENTIALITY NOTICE
This email and any files transmitted with it are confidential and are intended solely for the use
of the individual or entity to which they are addressed. This communication may contain
material protected by the attorney-client privilege. If you are not the intended recipient or the
person responsible for delivering the email to the intended recipient, be advised that you may
have received this email in error and that any use, dissemination, forwarding, printing, copying
or the taking of any action in reliance on the contents of this email is strictly prohibited. If you
have received this email in error, please immediately notify the sender.
10/1/2009
l ZONING BOARD OF ADJUSTMENT
Ordinance 132, 4/13170
Number of Members 5 Regular & 4 Alternates
REGULAR MEMBERS TERMS
�1. David O'Brien, III 7/07 — 7/10 (7th term)
103 Garden Road
Friendswood, TX 77546
(h) 281-482-0527
�2. Ronald Dyer 7/07 - 7/10 1 st term
1409 Falling Leaf
Friendswood, TX 77546
(h) 281-992-1085
(w) 281-476-1501
�3. Greg Hughes - Chairman 7/09 — 7/12 (51h term)
217-B East Parkwood
Friendswood, TX 77546
(h) 281-648-9115
(w) 281-992-3033
�4. Steve Knis — Vice Chairman 7/09 — 7/12 (3rd term)
204 Victoria Way
Friendswood, TX 77546
(h) 832-569-2171
/ (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 st term)
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 st term)
2108 Pine Dr.
Friendswood, TX 77546
(h) 281-993-9898
(w) 832-640-2923
1ACommittees\Group A\ZBOA Roster.doc Rev.07/23/09
4. Mike Czarowitz 7/09 — 7/12 (2nd term)
201-C Skyview
Friendswood, TX 77546
(h) 281-992-2900
(c) 713-252-7464
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 4t" Tuesday of each month as needed.
I:\Committees\Group A\ZBOA Roster.doc Rev.07/23/09
c tp of rbndswood
JUL 7 2009
aosw.d P(m
FRIENASWOOD ZONING BOARD OF ADJUSTIvMNT
®Request for Variance M Request for Ap cal
Fee;$100 Fee Paid(date): 0 7/0 772 0 0 9
Applicant's Name: Jedd and Ann Gulledge Phone: 281-482-2238
PropercyAddress: 700 N. Clear Creek Dr. , Friendswood, Texas 77546
Legal Description of Prop"(attach certified nieces&bounds):
Lot 16, Friendswood Forest - See attached deed
County; Galveston
Jedd Gulledge, Ann Gulledge
Sa 07/07/2009
Printed Name of Owner Address f caner Date
Dick H. Gregg, Jr. 10
Designated Rtpresentative S' r of Owner Datc
281-480-1211
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APPEAL:From what order,requirement,decision or de ation of the administrative official is the
appeal being requested?
On 06/25/09 BuildingOfficial denied request for permit to repair fence
q P P
with this notation - "Denied - this fence was before house was built" .
VARIANCE:From what ordinance{{number and section)is the variance being requested?
Zoning - Appendix C
(Vatianee request cannot lie for rht purpose of rezoning—sec Appen&C--Zoning,Section H B)
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Please state die ground for the appeal/variance you are seeking:
The fence is was located where an old fence was located. It is a repair
of a gra-n"-dfathered fence. See Engineer certified plans sled with and
denied by Building Official . The ordinance allows repair of an existing
fence. The property is 1 .67 acres. Owner has made multiple repairs ***
Date&Time Received City Official Date
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DISPOSITION OF CASE BY ZBOA: 0c,�4 Q^ ¢/Z Z A2
APPEAL
GRANTED: DENIED: MODIFIED:
HOW MODIFIED: Fai�9y �,� v4fl7E - 2 fv2 -&GIO
VARIANCE
GRANTED: DENIED: GRAM ED W/CONDITIONS: ljn,QG!
CONDITIONS: 0A) W T,5,
Chairman Date
2/21/2008 through the years. Owner has previously been advised by City that
no permit is needed for repair of an existing fence.
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COMMUNITY DEVELOPMENT DIVISION
910 South Friendswood Drive
FRIENDSWOOD, TEXAS 77546-4856
TEXA
September 24,2009
Mr. &Mrs.Jedd Gulledge
700 North Clear Creek Dr.
Friendswood Texas 77546
281-850-4754
Mr. &Mrs. Gulledge:
On September 22 2009, the Zoning Board of AdJ'ustment denied your requests for
appeal, variance and special exceptions concerning the construction of the fence beyond your
front property line at 700 North Clear Creek Dr. By copy of this letter,the decision of the ZBoA
is hereby filed today in the office of the board, as stated in Texas Local Government Code
§211.011.
Compliance with the decision of the ZBoA will be achieved when the fence at the front
property to the 25 foot building line is removed or moved to meet current City of Friendswood
zoning ordinance requirements. Unless documentation is provided to my office within 10 days
showing an appeal to District Court from the decision of the ZBoA has been perfected,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 60 calendar days
from the 10 calendar days following the denial by the ZBOA to remove the portion of the
structure that is encroaching.
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 additional citations 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 other judicial relief to ensure compliance with the
City of Friendswood zoning ordinance.
Frank Manigold,CFM
Deputy Director of Community Development
Planning and Building Regulations
cc: Bobby Gervais,City Attomey
Dick Gregg,Jr.,Gregg&Gregg
PERMITS/INSPECTIONS/CODE ENFORCEMENT • ENGINEERING/CAPITAL PROJECTS PLANNING &ZONING
(281) 996-3201 (281) 996-3203 (281) 996-3290
ADMINISTRATION
(281) 996-3291
State of Texas X
City of Friendswood X
Counties of Galveston/Harris X
December 16,2008 X
Minutes of a Regular Meeting of the Friendswood Zoning Board of Adjustment that was held on
Tuesday, December 16, 2008 at 7:00 PM at Friendswood City Hall Council Chambers, 910 S.
Friendswood Drive,Friendswood,Texas,with the following present constituting a quorum:
Chairman Greg Hughes
Vice Chairman Steve Knis
Regular Member Ronald Dyer
Alternate Member Mike Czarowitz
Alternate Member Carol Thelen
Alternate Member Glen Grayban
Alternate Member Linda Thornton
City Attorney Bobby Gervais
Building Official Frank Manigold
Staff Liaison Melinda Welsh
Regular members David O'Brien and Delvin Kendrick were absent from the meeting.
Chairman Greg Hughes called the meeting to order at 7:00 PM.
7:00 PM—REGULAR SESSION
Chairman Hughes appointed alternate members Mike Czarowitz and Carol Thelen as regular voting
members due to regular members David O'Brien and Delvin Kendrick's absence.
Chairman Hughes explained the process for holding the public hearing.
Chairman Hughes called the hearing to order to receive public input regarding a variance for the side
setback at 1410 Greenbriar, Tract 14 of the S.E. Whitney subdivision in the Sarah McKissick League,
Abstract 151, Galveston County, Texas from the requirements of Appendix C-Zoning, Regulation Matrix
Residential District 7.Q.3 of the Friendswood City Code to allow construction of an accessory building
within 2.6 ft.from the property line.
Guy Crouch stated he is the applicant's attorney and also a Friendswood resident, is speaking on behalf of
applicants Lloyd Stansberry and Bobbi Kacz. The applicants did everything they were supposed to do,
hired a builder, submitted plans to the builder to build a small building in their back yard, small fence
between the neighbors, has been there forever, after Hurricane Ike it was rebuilt in the same place, fence
is within 3 ft. of the side of the adjoining neighbor's property, builder said on many occasions that he
found the iron rod that denotes where property line was, he measured off where fence was located which
was 2.5 ft. in error, has certified copy of engineer certificate that was built in compliance with wind
storm, 10 ft. utility easement there, would prohibit any kind of building, no windows on the contiguous
side that faces other landowners, builder measured from the fence instead of iron rod so that was the
mistake, construction was done to code, builder built it in the wrong place, is 10 ft. in the property line
easement, can provide neighbor's support in writing if needed, if variance is not granted would have to
tear it down,knows law is law and that is why there is a Zoning Board of Adjustment and Appeals to hear
cases like this, is asking for a variance. Lloyd Stansberry stated he is embarrassed that they are there
because he and the other applicant Bobbi Kacz are both attorneys and they know better,hired builder that
made representations that he builds a lot in Friendswood, found that was not true, found other residents
had problems, stated Bobbi just survived Stage 4 cancer and this is an exercise area to build her strength
back up,has cost them around$50,000 to build this, said they are negotiating 1 ft. impingement with their
neighbors on their property, lives on 2 acres, not close or near others, thinks there are good reasons to
approve without setting precedent. Applicant Bobbi Kacz stated before they did the building she did her
homework, talked to Deputy Director of Community Development Frank Manigold, property shaped
unusual, where they put it is the only spot it can be put, had to size the building to accommodate where
the flood plane is. Mr. Stansberry stated they questioned the builder about where to put this building,was
assured of all their concerns, first learned from Frank Manigold that permits had not been pulled for this
project, was told when first stop order was placed on the property that the builder was taking care of it,
the second stop order was covered up by builder who did not want Mr. Stansberry to see this,has dogged
the builder to fix but have been duped.
Chairman Hughes asked if anyone would like to speak against the request.
Steve Pottinger, Friendswood resident and neighbor, stated he is not in favor. There are several
inconsistencies, built his fence 11 years ago inside the property line, his is right on the property line,
drainage problem that has worsened with this building being built, is adamantly against granting this
request and handed pictures of drainage issues to the board members.
Hearing no further input the Public Hearing was closed.
Boardmember Czarowitz asked if they had a survey when they bought the property,Lloyd Stansberry said
yes and had another one in 2008, gave to builder, this was rural property many years ago, neighbor he
spoke of Mr. Smeltzer used as cattle property, was a barbed wire fence, when folks behind bought their
property the barbed wire fence was thought to be their property line, that was not the case. Bobbi Kacz
stated when they bought the property there was only one neighbor, was there before Buckingham
Addition was built and their fence line was built then. Mr. Stansberry stated their property should not be
draining on neighbor's property. Buckingham had detention built, should not be draining on their land,
should be draining in the retention area. Chairman Hughes clarified fence line issues with applicants.
Applicant attorney Guy Crouch stated the issue with drainage should not be an issue because the property
should not be draining on their property. Vice Chairman Knis asked does roof drain on other property
line and Guy Crouch answered no it does not. Deputy Director of Community Development Frank
Manigold stated a neighbor complained to Code Enforcement after Hurricane Ike, that is why the first
stop work tag was put on. Chairman Hughes clarified the timeline of when communication started on
getting a permit,permit was denied August 27,on October 22 there was an e-mail from builder asking the
City when can get permit, the City sent an e-mail back telling the problem, October 21 was when the
complaint to Code Enforcement was made, builder proceeded even though he did not have the authority
to do so,put first stop tag on,neighbor from Lot 10 asked why the City let the builder proceed when rules
were broken and that is when second tag was put on. Mr. Stansberry stated he contacted the builder when
the first red tag was done and the builder lied to him saying it was regarding wind storm inspection. Mr.
Manigold stated he kept asking the builder for survey and builder kept assuring him it was up to code.
Mr. Stansberry stated builder physically covered the second red tag. Boardmember Dyer asked when Mr.
Stansberry was aware when he was encroaching and Mr. Stansberry answered the same day he spoke to
Mr. Manigold who told him what he needed to do. Boardmember Dyer asked if there was any more
construction after the second red tag and Mr. Stansberry stated no, not since they filed an application for a
variance. Mr. Pottinger stated he disagreed with that statement. Chairman Hughes asked when the
structure started being built above the slab, the slab was poured approximately 2 weeks after Hurricane
Ike, early October was when the structure started being built. Ms. Kacz stated there has not been any
building in a couple of months. Mr. Stansberry stated they were not privy to any of the a-mails between
the City and the builder. Mr. Stansberry stated when first red tag was done was when he realized there
was a problem, wind storm people made the builder change some stuff on the building. Chairman
Hughes asked if the builder was insured and Mr. Stansberry stated he does not know, has mostly stopped
communicating with builder,new survey was done November 14, 2008.
Chairman Hughes asked neighbor Mr. Pottinger about drainage issues, if something could be done to be
sure that drainage would be suitable and something could be done to help the visual is that something that
would make him feel better and Mr. Pottinger stated he would have to see what was in mind, drainage
was not supposed to be from Buckingham to their property, natural drain was to the drainage ditch.
Chairman Hughes asked Mr. Manigold about lots draining to the front(Type A)or to the back because of
Chigger Creek and Mr. Manigold stated should go from lot to lot to lot into detention. Boardmember
Czarowitz asked about 11 year fence and Mr. Pottinger stated it was built in 1997. Mr. Stansberry stated
this is a quality improvement to the property, paint on outside matches residence, gutter will be put in
place, except for the builder they selected this should be a quality project. Chairman Hughes asked about
monetary expense to remove building and Mr. Stansberry answered $10,000 to remove and to rebuild
$60,000 so about$70,000 in all. Ms. Kacz stated they had bamboo grown on their property that they cut
down to access their building being built and plans to grow it back up to have privacy for both. Attorney
Guy Crouch stated roof line is moved over 2.5 ft would not help aesthetics. Mr. Stansberry stated he
wished they did not have to be here. Chairman Hughes asked Frank Manigold or City Attorney Bobby
Gervais if there is a criminal charge and the City Attorney answered that it was not a large one. Mr.
Manigold stated he did not write a citation at the time because he was trying to resolve. Chairman
Hughes stated this is a difficult decision, can consider financial, clearly the builder is the one who did
wrong, should suffer some kind of penalty. Vice Chairman Knis stated he is concerned about drainage.
Chairman Hughes stated they could put in a French drain or something like that. Boardmember Dyer
stated the issue is that it is in the setback, not a drainage issue. Vice Chair Knis asked if flat work could
be right up to the property line and Mr. Manigold answered yes, is encroaching 1.1 ft., can cut the flat
work out. Mr. Stansberry stated they are discussing a license agreement with neighbors and further stated
they can cut that 13 inches if that would resolve the issue. Vice Chair Knis asked Mr. Pottinger if the
applicants did something about drainage would that help and Mr. Pottinger answered yes.
**Boardmember Knis made a motion to approve the variance as requested for property located at 1410
Greenbriar contingent upon the concrete apron being cut back 14 inches and sufficient drainage plan is
put in to ensure not causing problems with neighbor on the back side and hire a contractor that knows
what he is doing on drainage and would communicate with Deputy Director of Community Development
Frank Manigold.
Seconded by Boardmember Hughes. The motion failed 2-3 with Boardmembers Dyer, Thelen and
Czarowitz opposed.
**Boardmember Dyer made a motion to approve the variance as requested for property located at 1410
Greenbriar.
Seconded by Boardmember Czarowitz.The motion failed unanimously.
Applicant attorney Guy Crouch asked hypothetically if anyone sees a way, under these particular
circumstances, if there is a way to make this happen. Chairman Hughes stated every case is taken on its
individual merits. Mr. Crouch asked if there is a rehearing possibility and City Attorney Bobby Gervais
stated they cannot reapply for a year unless there is a material change. Chairman Hughes stated cannot
make any guarantees.
**Boardmember Thelen moved to approve the minutes for November 25,2008.
Boardmember Dyer seconded the motion. The motion was approved unanimously.
A motion was made and approved to adjourn at 8:18 PM.
I
All reg. members present. Alt. present: Czarowitz
Absent: Thornton & Thelen
Bobby& Frank
Mark McClain liaision from PZ was present
NOTICE OF MEETING
State of Texas )(
City of Friendswood )(
Counties of Galveston/Harris )(
September 22,2009 X
Notice is hereby given of a Regular Meeting of the Friendswood Zoning Board of Adjustment to be
held on Tuesday, Member 22, 2009 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-REGULAR MEETING
1. Call to order. Chairman Hughes called the meeting to order at 7:00 pm
2. Administer the Oath of Office to regular members Greg Hughes, Steve Knis and alternate
member Mike Czarowitz. The Oaths will be given at the next meeting.
3. Consideration and possible action regarding appointment of a Chairman and Vice Chairman for a
period ending July 2011. Mr.Dyer suggested waiting until the end of the meeting.
4. HEARING
The Board will conduct a hearing regarding the following: Asked if any one would like to speak
for or against...new ones No one spoke
Dick Gregg spoke on behalf of applicant. Special permit exception has been added. Recapped
what was discussed at last meeting. Wanted to emphasize that there is a permit for the gate, column
and gate. In the spirit of the minimus, we would like for you to consider our request based on the
miniums. We meet all the requirements..
Mr. Kendrick asked about composition of fence. Barbed wire and cyclong.
Mr. Gulledge did nto remember what was there.. a mixture of chairn length and wood.
Mr.Hughes said there ..
Mr. O'Brien asked about the size of the lot.. 1.627.
Mr. Gullege yes.
Mr. Gregg said this is t
Mr. O'Brien stated that the neighbor liked this neve fence. One neighbor complained as per
Frank.
Who asked ws the new neight sent a notice.
Knis asked aobut he ambiquity of the defitnition..
Mr. Gregg the basis of the misunderstanding is in the reapirs and maintenance. Where it has to e
complete over a period of time.
Mr. Knis asked aoub the ambiquity... how do you figure 20%....a deminimus issue
Mr. Gregg expained
Mr.Knis
Mr. o"Brien asked about he minimum ...
Bobby said there was not detiriment of the neighbors or the neighborhood.
Mr. Gregg under th terms of the ord. we meed the spirit.
Mr. Dyer would the new fence enlarged the cubis content?
Mr. Gregg no
Mr. Knis the fence is the structure.
Gregg yes.
Knis. Is the volume of the fence more that it was before.
Mr. Gregg hasn't changed.
Mr. Dyer...
Mr. Gullege the deminsion is basically the same.
O'Brien do we have any interpretation from the Zoning Board.?
Gregg...
Hughes said it doesn't mean the cubic feet
Dyer....
Hughes this discussion shows ambuity
Kendrick...repairs seems like your are replacing the fence. By using other materian.
Mr. Gregg
Dyer.. stone columns are they lighted at the top.
Mr. Gullege only the two gate columns.
Dyer was ther ever a permit for the power to the gate
Gulledge yes it has been permitted.
Mr. Gregg the material in the front are limestone and cedar and wooden in between the columns as
opposed to aluminum
Mr. Gattin came in the room at 7:19 pm
Mr. Hughes stated he thinks there is reasonable difference of oppinion for repairs and .....he believes
they meet the terms of the .........We can grant under appeal or special exeption.
Mr. Kendirck doesn't believe there is ambiguity. Applicant chose to go ahead with the construction
before getting authorization. Opppowed to granting.
Mr. O'Brien was it built aster it was red tagged.
Mr. Gregg that Mr. Gullege applied for permit for gate and was told he didn't need a permit. He
reviews was was discussed in the last meeting.
Mr. O"Bien the city and neighborhood is getting something beter. Moved to approved under spcial
exception.
Mr. Hughes recommend approving request..
Mr. O'Brien there is a nice fenc there now and doesn't detract from the neighborhood..gant under
special exception
Mr. Knis if we consider the volume is enclosed by the fence. This would be an interpretation.
Accepts argument.
Mr. Dyer asked Frank. After the fence was started and a stop the applicant continuted to build the
fence.
Frank.
Knis the red stop order ws on it before it ws completed.
O'Brien..soemthing about repair
Frank...reason permit is needed for drainage
Bobby the Board needs to look at the interpretation and the minium and not look at conduct.
Knis do we have to vote on all thee.
Bobby,vote on each one.
Knis.vote on 1,2, 3>?
Mr. Gregg said there was no wrong intent. The issue is misunderstanding.
Mr. Kendridk..don't know what reapir is.
Mr. gulledge his understanding was when the inspectors cam to the house and then I applied for a
permit and denied because I didn't have 2 acres. I was told to get a permit for gate. Once I had an
existing fence, I didn't need a permit. I understood I was grandfathered, so I continued to work on it.
The City came out again and said we needed a permit. I came to the City when I was told to do so.
I stopped and came and got a permit when I ws told to.
Mr. O'Brien the way I interepret the law, you can't fence your front yard.....building line He could
build the fence 25 ft. The legal definition of front yard.
Franks explained...
Mr.Hughes went over standards to go by. Filed on 3 different grounds: appeal (1,2, 3))
Second—variance show that application is not contration to...........
Third—special exception.First time to hear this. Gave definition and de minimus
Motion Knis grant a spemanet special exception bsed on inteprestatiation authority based on the
volume of the fence........plus any deminimum to consider the height of the fence
Mr. O'Biren seind
Grant three O'Brien, Hughes and Knis doesn't pass.
Hughes moved that we grant the vaiance from confusion of interpretation
Mr. Knis second. In favor Hughes&knos... failed
Administration review; No one.
Mr. Hughes motion grant on grounds of interpretation woueld be in the
Knis, Seond in favor Knis and Hughes...din't passs
Applicatiois denied on all three grounds.
Mr. minues not ready because of illness
Appoint chairman and vice chairman. Everyone is except me is elibiel to be chairman, stenve not
vice chairman.
Mr. Dyer would accept the nomination of chairman.
Second O'Brien
Kendrick asked Hughes to accept the vice chair. He said he would.
Motion Knis to election ron dryer chairman and greg hguhe as vice chairmn do by acclimation
Unanimous.
Motin to adjousr Kendrick seond O'Brien 7:46 pm
A. Seeking:
1. an meal from a determination by the Building Official regarding
construction of a fence beyond the front building line, for property located at 700 N.
Clear Creek Drive, Lot 16, of the Friendswood Forest Subdivision in Galveston
County, Texas; and/or
2. a variance request for a fence to be built beyond the front building line at 700
N. Clear Creek Drive, Lot 16, of the Friendswood Forest Subdivision in Galveston
County, Texas, (variance from the requirements of Appendix C Section 8B, "Fences,
walls, and hedges",of the Friendswood City Code);and/or
3. a permanent special exception request for a fence to be built beyond the front
building line for property located at 700 N. Clear Creek Drive, Lot 16, of the
Friendswood Forest Subdivision in Galveston County, Texas, pursuant to Appendix
C, Section 11 C(a) and (b), based on ambiguity of the definitions or terms in the
ordinance and/or de minimus circumstances.
5. Consideration and possible action regarding adoption of order relating to the request described in
Agenda Item 4-A above,regarding 700 N. Clear Creek.
6. Consideration and possible action regarding approval of minutes for August 25, 2009 meeting.
7. 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.
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 17th day of September 2009 at
Deloris McKenzie,TRMC
City Secretary
it
NOTICE OF MEETING
State of Texas )(
City of Friendswood )(
Counties of Galveston/Harris )(
September 22,2009 )(
Notice is hereby given of a Regular Meeting of the Friendswood Zoning Board of Adjustment to be
held on Tuesday, September 22, 2009 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-REGULAR MEETING
1. Call to order.
2. Administer the Oath of Office to regular members Greg Hughes, Steve Knis and alternate
member Mike Czarowitz,
3. Consideration and possible action regarding appointment of a Chairman and Vice Chairman for a
period ending July 2011.
4. HEARING
The Board will conduct a hearing regarding the following:
A. Seeking:
1. an appeal from a determination by the Building Official regarding
construction of a fence beyond the front building line, for property located at 700 N.
CIear Creek Drive, Lot 16, of the Friendswood Forest Subdivision in Galveston
County,Texas;and/or
2. a variance request for a fence to be built beyond the front building line at 700
N. Clear Creek Drive, Lot 16, of the Friendswood Forest Subdivision in Galveston
County, Texas, (variance from the requirements of Appendix C Section 8B, "Fences,
walls,and hedges",of the Friendswood City Code);and/or
3. a permanent special exception request for a fence to be built beyond the front
building line for property located at 700 N. Clear Creek Drive, Lot 16, of the
Friendswood Forest Subdivision in Galveston County, Texas, pursuant to Appendix
C, Section IIC(a) and (b), based on ambi,2uity of the definitions or terms in the
ordinance and/or de minimus circumstances.
5. Consideration and possible action regarding adoption of order relating to the request described in
Agenda Item 4-A above,regarding 700 N. Clear Creek.
6. Consideration and possible action regarding approval of minutes for August 25,2009 meeting.
7. Adjournment.
rank Mangold
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 Priendswood Zoning Board of Adjustment was
posted in a place convenient to the general public and compliance with Chapter 551, Texas
Government Code,on the 17th day of September 2009 at 9,': -o P/J7
1
Del ris cKenzie, TRM
City Secretary
Standard Operating Procedure for ZBOA Meeting Setup
g zz-o y
Date
Dais
Put paper names on Council nameplates
�- Make microphones the same shape
Put green agendas on the dais for Boardmembers
VL- Put green agendas on front row(every other chair) for alternate Boardmembers
along with Alternate signs
V— Turn recorder on and test the microphones. Then make sure the buttons on the
microphone are red. (Mute)
Keep recorder key in door
Bring extra batteries for podium microphone and put on the side of Sharon
t� Put battery in the podium microphone and test
Put on the back table:
Extra agendas
Check for loose paper in chamber
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D -
I
(Title: An Ordinance amending the Zoning Ordinance of the City by amending the
provisions pertaining to the Zoning Board of Adjustment by granting authority to ZBoA to
grant temporary and permanent special exceptions to the Zoning Ordinance in certain
instances.)
ORDINANCE NO. 2009-04
AN ORDINANCE AMENDING APPENDIX C OF THE FRIENDSWOOD
CITY CODE, SAID APPENDIX C BEING CITY OF FRIENDSWOOD,
TEXAS ORDINANCE NO. 84-15, AS AMENDED, ORIGINALLY
ADOPTED THE 19TH DAY OF NOVEMBER, 1984, AND BEING THE
ZONING ORDINANCE OF THE CITY, BY AMENDING SECTION 11,
SUBSECTION (C) BY GRANTING AUTHORITY TO THE ZONING
BOARD OF ADJUSTMENT TO GRANT TEMPORARY AND
PERMANENT SPECIAL EXCEPTIONS TO THE ZONING ORDINANCE
IN CERTAIN INSTANCES; PROVIDING A PENALTY OF AN AMOUNT
NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION OF ANY
PROVISION HEREOF; AND PROVIDING FOR SEVERABILITY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
STATE OF TEXAS:
SECTION 1. City of Friendswood, Texas, Ordinance no. 84-15, as amended, originally
passed and approved the 19th day of November, 1984, and being the Zoning Ordinance of the City,
is hereby amended by amending Section 11, subsection C to read and provide as follows:
"APPENDIX C ZONING
Section 11. The board of adjustment--Powers and duties.
The board of adjustment shall have the following powers and duties:
A. Administrative review. To hear and decide appeals where it is alleged there is error in any
order, requirement, decision, or determination made by an administrative official in the
enforcement of this ordinance. The board shall apply the following standards in deciding the
appeal:
1. That there is a reasonable difference of interpretation as to the specific intent of the
zoning regulations or zoning map.
2. That the resulting interpretation will not grant a special privilege to one property
inconsistent with other properties or uses similarly situated.
3. The decision of the board must be such as will be in the best interest of the community
and consistent with the spirit and interest of the city's zoning laws.
B. Variance; conditions governing applications; authority and limitations. To authorize upon
appeal in specific cases, such variance from the terms of this ordinance as will not be contrary to
the public interest where, owing to special conditions, a literal enforcement of the provisions of
this ordinance would result in unnecessary hardship, and so that the spirit of the ordinance shall
be observed and substantial justice done. In exercising such powers of variance, the board may,
in conformity with the provisions of this ordinance, reverse or affirm, wholly or partly, or may
modify the order, requirement, decision, or determination appealed from and make such order,
requirement, decision, or determination as ought to be made and to that end the board shall have
q
all the powers of the officer from whom the appeal is taken.
In granting any variance, the board of adjustment may describe appropriate conditions and
safeguards in conformity with this ordinance. Violations of such conditions and safeguards,
when made a part of the terms under which the variance is granted, shall be deemed a violation
of this ordinance.
Under no circumstances shall the board of adjustment grant a variance to allow a use not
permissible under the terms of this ordinance in the district involved, or any use, expressly or
impliedly, prohibited by the terms of this ordinance in said district.
C. Special exceptions. To hear and decide special exceptions to the terms of this ordinance upon
which the board is required to pass under this ordinance.
1. Authority and Scope. The board shall have the power to grant temporary and
permanent special exceptions from the city's zoning ordinance.
2. Permanent Special Exceptions. A permanent special exception may be granted
only for the following reasons:
a. Interpretive Authority. If a definition or term of the City's zoning ordinance is
ambiguous or contrary to common understanding, the board would clarify the
definition or term based on the common definition or understanding of the term.
(Example: An attached garage is normally understood to mean one where there are
one or more common walls and a roof structure between the garage and the main
property building. A board determination may be that roof structures alone are not
considered walls so one or more buildings with a breezewav between them may not
be considered as "attached"). No additional special exception shall be granted
based on the board's initially interpreted definition.
b. De Minimus Exception. The board may grant a special exception for very
small exceptions to the zoning ordinance, where the spirit of the Code is met and
there is an overriding benefit to the applicant with no detriment to the surrounding
neighbors or the City. (An example would be a where a 9.5 foot setback for building
Ord 2009-04 2
would be allowed where a 10 foot setback is required, to allow the property owner to
save an oak tree.)
C. Medical Necessity. The board may grant a special exception to the above
cited portions of the zoning ordinance if a medical necessity is proven, or to meet the
requirements of the Americans with Disabilities Act. For medical reasons or
necessity, the reason for the special exception must be related to the medical
condition and be supported by a letter from the applicant's physician defining the
physical limitations of the applicant.
d. No other permanent special exception based on the board's decision or
determination in one case regarding structures may be granted for other cases
without the proper board determination on the subsequent cases.
e. A permanent special exception shall have no expiration date.
3. Temporary Special Exceptions. A temporary special exception, not to exceed ninety
(90) days in term, may be granted by the board to allow for the construction of non-
complying structures for reasons in addition to ambiguous definitions or terms, medical
reasons/necessity, or De Minimus circumstances. In order for a request for a temporary
special exception to be brought before the board, there needs to be 1) a finding by the
City's building official that an issue of non-compliance with the City's zoning ordinance
would exist by virtue of applicant's construction; and 2) there are demonstrated significant
reasons why immediate action cannot reasonably be taken by the applicant to achieve
compliance with the City's zoning ordinance. No other temporary special exception based
on the board's decision or determination in one case regarding structures may be granted
for other cases without the proper board determination on the subsequent cases.
4. Requirements. Temporary or permanent special exceptions may be granted only
after the following items have been addressed.
a. The City's building official has denied the applicant a permit or permits
based on non-compliance with the City's zoning ordinance; and
b. The applicant has made a written request for a special exception in
accordance with section 211.010, Texas Local Government Code and Appendix C,
Section 10(B) of the Code of Ordinances; and
C. The applicant's request is based on ambiguous definitions or terms, medical
reasons or necessity or ADA compliance, or other special De Minimus
circumstances, and that there are demonstrated significant economic reasons why
action cannot be taken by the applicant to achieve compliance with the City's zoning
ordinance; and
d. There has been notice and a public hearing as required Appendix C, Section
10(C) of the Code of Ordinances; and
Ord 2009-04 3
e. The applicant agrees to accept reasonable conditions or actions that the
board may suggest to mitigate potential issues with or obiections to the applicant's
request; however, the board cannot require such conditions or actions to be
accepted in return for a favorable decision by the board, rather the case must be
otherwise decided on its merits. (An example is installing additional property
drainage as a condition for side setback relief); and
f. In no case shall the board be authorized to grant permanent special
exceptions or temporary special exceptions that would in effect allow a violation of
the City's Health Code, Life Safety Code or Fire Safety Code; and
g. Under no circumstances shall the board grant a request for a special
exception that would have the effect of allowing a use not permissible under the
terms of the zoning ordinance in the district involved, or any use, expressly or
impliedly, prohibited by the terms of the zoning ordinance in the subject district.
5. Finding. A special exception shall not be granted unless the board shall make a
determination that the granting of the special exception will not adversely affect the public
interest. In making its determination, the board shall duly consider, where applicable, the
following:
a. The most appropriate use of the land and conservation and stabilization of
property values;
b. Adequate open spaces for light and air and required yards and other open
spaces;
C. Congestion of public streets, including ingress and egress to property with
particular reference to automotive and pedestrian safety and convenience, traffic flow and
control,and access in case of fire or catastrophe;
d. Off-street parking,loading and service areas where required;
e. Economic, noise, dust, heat, glare, or odor effects of the special exception on
surrounding properties or the City;
f. Utilities, with reference to locations, availability, adequacy and
compatibility;
g. Screens and buffers with reference to type, dimensions, character, and
adequacy;
h. General compatibility with surrounding properties and general welfare of
the persons residing and working in the area;
i. Whether, at the public hearing, there are obiections from the surrounding
and affected property owners and whether the obiections, if any, can be or have been
resolved;
i. For the medical necessity exception, whether the medical condition is proven
and the requested exception reasonably relates to the medical condition;
Ord 2009-04 4
k. For the De Minimus exception, whether there is an overriding benefit to the
applicant with no detriment to the surrounding neighbors or the City; and
1. The spirit of The City Code is met.
SECTION 2. Any person who shall knowingly, willingly, or with criminal negligence
violate any provision of this Ordinance shall be deemed guilty of a misdemeanor and upon
conviction, shall be fined in an amount not to exceed $2,000.00. Each day of violation shall
constitute a separate offense.
SECTION 3. In the event any section, paragraph, subdivision, clause, phrase, provision,
sentence, or part of this Ordinance or the application of the same to any person or circumstance
shall for any reason be adjudged invalid or held unconstitutional by a court of competent
jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part or
provision hereof other any part or provision hereof other than the part declared to be invalid or
unconstitutional; and the City Council of the City of Friendswood, Texas, declares that it would
have passed each and every part of the same notwithstanding the omission of any and every part
of the same notwithstanding the omission of any such part thus declared to be invalid or
unconstitutional, or whether there be one or more parts.
PASSED AND APPROVED on first reading this 201h day of April, 2009.
PASSED, APPROVED AND ADOPTED on second and final reading this 4th day of
May, 2009.
David . H. Smith
Mayor
ATTEST:
OF FRIElva
A. 0
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4DeorisMcKenzie, AMC
City Secretary
�j4TF of
Ord 2009-04 5
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Subject: 09/22/09 Zoning Board of Adjustment
Attachment: ZBOA090922a.pdf
NOTICE OF MEETING
State of Texas )(
City of Friendswood )(
Counties of Galveston/Harris )(
September 22, 2009 )(
Notice is hereby given of a Regular Meeting of the Friendswood Zoning
Board of Adjustment to be held on Tuesday, September 22, 2009 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 - REGULAR MEETING
1. Call to order.
2. Administer the Oath of Office to regular members Greg Hughes, Steve
Knis and alternate member Mike Czarowitz.
3. Consideration and possible action regarding appointment of a
Chairman and Vice Chairman for a period ending July 2011.
4. HEARING
The Board will conduct a hearing regarding the following:
A. Seeking:
1. an appeal from a determination by the Building Official regarding
construction of a fence beyond the front building line, for property
located at 700 N. Clear Creek Drive, Lot 16, of the Friendswood Forest
Subdivision in Galveston County, Texas; and/or
2. a variance request for a fence to be built beyond the front building line
at 700 N. Clear Creek Drive, Lot 16, of the Friendswood Forest
Subdivision in Galveston County, Texas, (variance from the requirements
of Appendix C Section 8B, "Fences, walls, and hedges", of the
Friendswood City Code); and/or
3. a permanent special exception request for a fence to be built beyond
the front building line for property located at 700 N. Clear Creek Drive,
http://www.groupbuilder.net/send_mail_confinn.php 9/17/2009
GroupBuilder.net Page 2 of 2
Lot 16, of the Friendswood Forest Subdivision in Galveston County,
Texas, pursuant to Appendix C, Section 11C(a) and (b), based on
ambiguity of the definitions or terms in the ordinance and/or de minimus
circumstances.
5. Consideration and possible action regarding adoption of order relating
to the request described in Agenda Item 4-A above, regarding 700 N.
Clear Creek.
6. Consideration and possible action regarding approval of minutes for
August 25, 2009 meeting.
7. 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.
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 3:30 PM.
Deloris McKenzie, TRMC
City Secretary
http://www.groupbuilder.net/send_mail_confinn.php 9/17/2009
NOTICE OF MEETING
State of Texas )(
City of Friendswood )(
Counties of Galveston/Harris )(
September 22,2009 )(
Notice is hereby given of a Regular Meeting of the Friendswood Zoning Board of Adjustment to be
held on Tuesday, September 22, 2009 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-REGULAR MEETING
1. Call to order.
2. Administer the Oath of Office to regular members Greg Hughes, Steve Knis and alternate
member Mike Czarowitz.
3. Consideration and possible action regarding appointment of a Chairman and Vice Chairman for a
period ending July 2011.
4. HEARING
The Board will conduct a hearing regarding the following:
A. Seeking:
1. an appeal from a determination by the Building Official regarding
construction of a fence beyond the front building line, for property located at 700 N.
Clear Creek Drive, Lot 16, of the Friendswood Forest Subdivision in Galveston
County, Texas; and/or
2. a variance request for a fence to be built beyond the front building line at 700
N. Clear Creek Drive, Lot 16, of the Friendswood Forest Subdivision in Galveston
County, Texas, (variance from the requirements of Appendix C Section 8B, "Fences,
walls, and hedges", of the Friendswood City Code); and/or
3. a permanent special exception request for a fence to be built beyond the front
building line for property located at 700 N. Clear Creek Drive, Lot 16, of the
Friendswood Forest Subdivision in Galveston County, Texas, pursuant to Appendix
C, Section 11C(a) and (b), based on ambiguity of the definitions or terms in the
ordinance and/or de minimus circumstances.
5. Consideration and possible action regarding adoption of order relating to the request described in
Agenda Item 4-A above,regarding 700 N. Clear Creek.
6. Consideration and possible action regarding approval of minutes for August 25, 2009 meeting.
7. Adjournment.
Z4 rG
rank ManigofdtV_PI -L�
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
, . p ,
Government Code, on the 17th day of Se tember 2009 at •�U P/1�J
Deloris McKenzie, TRM 1
City Secretary
�.� Mayor
Cyy �/�yo yy/��+��y /� DAVID J.H.SMITH
ity of l / l eI L�LiJ I Y o o Councilmembers
MICHAEL E.BARKER
910 South Friendswood Drive J I B HILL L
JIM
Friendswood, Texas 77546-4856 LESLIE RED
(281) 996-3270 BILL HOLBERT
Fax: (281) 482-1634 ANDYRrvERA
Interim City Manager
ROGER ROECKER
City Secretary
DELORIS McKENZIE,TRMC
September 11,2009
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 and a request for an appeal that may be of interest to you.
PROPERTY OWNER: Jedd and Ann Gulledge
LOCATION OF
PROPERTY: 700 N. Clear Creek Drive,Galveston County, Texas
REQUESTED VARIANCE: Seeking a variance for a fence to be built beyond the front
building line at 700 N. Clear Creek Drive, Lot 16, of the
Friendswood Forest Subdivision in Galveston County,
Texas, from the requirements of Appendix C Section 8 B,
Fences, walls, and hedges,of the Friendswood City Code.
REQUESTED APPEAL: Seeking an appeal from a determination by the Building
Official regarding construction of a fence beyond the front
building line at 700 N. Clear Creek Drive,Lot 16, of the
Friendswood Forest Subdivision in Galveston County,
Texas.
SPECIAL EXCEPTION REQUEST: Seeking a permanent special exception request for a fence to
be built beyond the front building line at 700 N. Clear
Creek Drive, Lot 16, of the Friendswood Forest
Subdivision in Galveston County, Texas, pursuant to
Appendix C Section I 1 C(a) and (b), based on ambiguity of
the definitions or terms in the ordinance and/or de
minimus circumstances.
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: September 22,2009
TIME: 7:00 PM
t
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Doris McKenzie,TRMC
City Secretary
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Disdaimer.The Cdy of Fdendswood makes no representation or warranty as to the accuracy of Ws map and 3s Wormation not to Is fitness faruse.Any user of this map product accepts Ire same AS Is,
WITH ALL FAULTS,and assumes a1 tesponsiboWly forth*use thereof,and frrrtheragrees to not hold the City of FrIendswood liable from any damage,loss,or habrlity arfshrg from any use of the map product.
Independent w 9ation of all information contained on Iris map should be obtained by the end user.
City of Friendswood
9 10 FrSouth Friendswood,Texas
Friendswood GIS Mapping
Friendswood,Texas 77546
(281)996-3200
www.d.friendswood.tx.us 1 "equals515'
Aug, 31. 2009 2: 20PM Gregg & Gregg No, 0601 P. 1
16055 Space Center Blvd.
99- Suite 150
Gre
Houston, Texas 71062
rim
zs 1 ,480.1211 tel.
GIL %,.,V
Attorneys at Lawm 281.480. 1210 fax
FACSIMILE
To: Mr, Frank Manigold CFM, City of Friendswood, Texas
TAX: 281996 3260
From: Dick Gregg
Date Monday, August 31, 2009
Re: SUPPLEMENT TO JEDD and ANN Gulledge BOA APPEAL and
VARIANCE REQUEST TO ADD PERMANENT SPECIAL
EXCEPTION REQUEST SPECIAL
# of Pages:2 -(including cover page)
TO:
Frank Marigold C F M
Deputy Director
Community Development
Planning and Building Regulations
City of Friendswood 'VIA PAX 281996 3260
RE: City of Friendswood Board of Adjustments
Hearing on July 28, 2009, (Reset to last Tuesday of
September 2009) Gulledge Lot 16 of Friendswood Forest-
700 N Clear Creek Drive
]Dear Mr. Marigold,
I enclose the Supplemental filing for the fencing of the Gulledge property. I trust that this
is in an adequate filing to enable the board to hear the Appeal and 'Variance Request as
presented on Aug 28, 2009 as well as this new Special Exception Request at the reset
hearing. If not, please provide the appropriate application form for purposes of
supplementing same.
1
CONFIDENTIALITY NOTICE: This transni on tnay be: (1)subject to the Attorney-Client Privilege,
(2) an attorney work product, or (3) strictly confidential. If you are not the intended recipient of this
message, you may not disclose, print, copy or disseminate this information. If you have received this in
error, please reply and notify the sender (only) at 281-480-1211 and delete the message. Unauthorized
interception of this correspondence is a violation of federal crimbial law.
Aug. 31. 2009 2:20PM Gregg & Gregg No. 0601 P. 2
t
ADDENDUM TO THE REQUEST FOR VARIANCE AND
REQUEST FOR APPEAL OF JEDD AND ANN GULLEDGE
DATED 7-07-2009 FOR LOT 16, FRIENDSWOOD FOREST
FOR WHICH A PUBLIC HEARING WAS NOTICIED,
CALLED HEARD AND RESET FOR CONSIDERATION
OF THIS SUPPLEMNTAL REQEST.
APPLICANT STATES:
Alternatively, in addition to the previously sought relief under
sections 11 A and B of the zoning provisions of the Code of
Ordinances of the City, Applicant seeks a Permanent Special
Exception under Sec 11 C (a) and (b) of the Zoning provisions of
the Code of Ordinances and would show:
1. The building official has denied Applicant a permit based on his
determination of non compliance with the zoning ordinance.
2. Applicant has made this request in writing in accordance with
law and with the city's ordinance.
3. Applicant's request is based on ambiguity of definitions or terms
in the ordinance and/or de minimus circumstances, and shall
demonstrate significant economic reasons why action cannot be
taken by Applicant to achieve compliance with the zoning
provisions of the Code of Ordinances.
4. There has been notice and public hearing already as required by
Appendix C, Sec 10 (c) of the Code of Ordinances. The hearing
was reset to allow time for this Special Exception Application.
5. Applicant meets and/or shall demonstrate compliance with all
requirements of 11 C 4 of the Code of Ordinances of the City.
DATE: August 31, 2009
By: D G
DR§1614 EIYREPR—ESENTA E
WITH AUTHORITY TO FILE.
Mayor
{1 DAVID J.H.SMITH
City of Friendswood Councilmembers
MICHAEL E.BARKER
�$ 910 South Friendswood Drive JIM BARR
HILL
Friendswood, Texas 77546-4856 LESLIE REID
(281) 996-3270 BILL HOLBERT
Fax: (281) 482-1634 ANDYRIVERA
Interim City Manager
ROGER ROECKER
City Secretary
DELORIS McKENZIE,TRMC
September 11,2009
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 and a request for an appeal that may be of interest to you.
PROPERTY OWNER: Jedd and Ann Gulledge
LOCATION OF
PROPERTY: 700 N. Clear Creek Drive, Galveston County, Texas
REQUESTED VARIANCE: Seeking a variance for a fence to be built beyond the front
building line at 700 N. Clear Creek Drive, Lot 16, of the
Friendswood Forest Subdivision in Galveston County,
Texas, from the requirements of Appendix C Section 8 B,
Fences, walls, and hedges, of the Friendswood City Code.
REQUESTED APPEAL: Seeking an appeal from a determination by the Building
Official regarding construction of a fence beyond the front
building line at 700 N. Clear Creek Drive,Lot 16, of the
Friendswood Forest Subdivision in Galveston County,
Texas.
SPECIAL EXCEPTION REQUEST: Seeking a permanent special exception request for a fence to
be built beyond the front building line at 700 N. Clear
Creek Drive, Lot 16, of the Friendswood Forest
Subdivision in Galveston County, Texas, pursuant to
Appendix C Section 11 C(a) and (b), based on ambiguity of
the definitions or terms in the ordinance and/or de
minimus circumstances.
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: September 22,2009
TIME: 7:00 PM
1
D oris McKenzie, TRMC
City Secretary
1
1 \
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Disclaimer.The City of Fdendswood makes no representation or warranty as to the accuracy of this map and its informabon nor to its Illness for use.Any user of this map product accepts the same AS IS,
IMTHALL FAULTS,and assumes a#responsibility for the use thereof,and further agrees to not hold the City of Fieendswood liable from any damage,loss,orliabifity arising from any use of the map product.
Independent verification of all information contained on this map should be obtained by the end user.
City of Friendswood
9 107 South Freendswo Drive F r i e n d swo o d G I S Mapping
•- Friendswood,Texas 7546
(281)996-32W
www.d.friendswood.tx.us
1 "equals 515'
Aug, 31. 2009 2: 20PM Gregg & Gregg No. 0601 P. 1
16055 Space Center Blvd.
Gre 9 - Suite ISO
Houston, Texas 77062
&Gre 'P.C. 7-81 ,480.17-11 tel.
Attorneys at Law 7-81.480. 1210 fax
FACSIMILE
To: Mr, Frank Manigold CFM, City of Friendswood, Texas
FAX: 281996 3260
From: Dick Gregg
Date Monday, August 31, 2009
Re,. SUPPLEMENT TO JEDD and ANN Gulledge BOA APPEAL and
VARIANCE RE, QUE TO ADD PERMANENT SPECIAL
EXCEPTION REQUEST SPECIAL
# of Pages:2 -(including cover page)
TO:
Frank Manigold C F M
Deputy Director
Community Development
Planning and Building Regulations
City of Friendswood VIA FAX 281996 3260
RE: City of Friendswood Board of Adjustments
Dearing on July 28, 2009. (Reset to last Tuesday of
September 2009) Gulledge Lot 16 of Friendswood Forest-
700 N Clear Creek Drive
Dear Mr. Manigold,
I enclose the Supplemental filing for the fencing of the Gulledge property. I trust that this
is in an adequate filing to enable the board to hear the Appeal and Variance Request as
presented on Aug 28, 2009 as well as this new Special Exception Request at the reset
hearing. If not, please provide the appropriate application form for purposes of
supplementing same.
1
CONFIDENTIALITY NOTICE: This wansm► on may be: (1)subject to the Attorney-Client Privilege,
(2) an Attorney work product, or (3) strictly confidential. If you are not the intended recipient of this
message, you may not disclose, print, copy or disseminate this information. If you have received this in
error, please reply and notify the sender (only) at 281-480-1211 and delete the message. Unauthorized
interception of this correspondenco is a violation of federal criminal law.
Aug, 31. 2009 2: 20PM Gregg & Gregg No. 0601 P. 2
ADDENDUM TO THE REQUEST FOR 'VARIANCE AND
REQUEST FOR APPEAL OF JEDD AND ANN GULLEDGE
DATED 7-07-2009 FOR LOT 16, FRIENDSWOOD FOREST
FOR WHICH A PUBLIC HEARING- WAS NOTICED,
CALLED, HEARD AND RESET FOR CONSIDERATION
OF THIS SUPPLEMNTAL REQEST.
APPLICANT STATES:
Alternatively, in addition to the previously sought relief under
sections 11 A and B of the zoning provisions of the Code of
Ordinances of the City, Applicant seeks a Permanent Special
Exception under Sec 11 C (a) and (b) of the Zoning provisions of
the Code of Ordinances and would show:
1. The building official has denied Applicant a permit based on his
determination of non compliance with the zoning ordinance.
2. Applicant has made this request in writing in accordance with
law and with the city's ordinance,
3. Applicant's request is based on ambiguity of definitions or terms
in the ordinance and/or de minimus circumstances, and shall
demonstrate significant economic reasons why action cannot be
taken by Applicant to achieve compliance with the zoning
provisions of the Code of Ordinances.
4. There has been notice and public hearing already as required by
Appendix C, Sec 10 (c) of the Code of Ordinances, The hearing
was reset to allow time for this Special Exception Application.
5. Applicant meets and/or shall demonstrate compliance with all
requirements of 11 C 4 of the Code of Ordinances of the City.
DATE: August 31, 2009
By: D C
DES N E REPRESENTA E
WITH AUTHORITY" TO FILE.
Mayor
DAVID J.H.SMITH
City of Friendswood Councilmembers
MICHAEL E.BARKER
910 South Friendswood Drive JIM HILL L
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
September 11, 2009
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 and a request for an appeal that may be of interest to you.
PROPERTY OWNER: Jedd and Ann Gulledge
LOCATION OF
PROPERTY: 700 N. Clear Creek Drive Galveston County, Texas
REQUESTED VARIANCE: Seeking a variance for a fence to be built beyond the front
building line at 700 N. Clear Creek Drive, Lot 16, of the
Friendswood Forest Subdivision in Galveston County,
Texas, from the requirements of Appendix C Section 8 B,
Fences,walls,and hedges,of the Friendswood City Code.
REQUESTED APPEAL: Seeking an appeal from a determination by the Building
Official regarding construction of a fence beyond the front
building line at 700 N. Clear Creek Drive,Lot 16,of the
Friendswood Forest Subdivision in Galveston County,
Texas.
SPECIAL VARIENCE REQUEST: Seeking a variance request for a fence to be built beyond the
front building line at 700 N. Clear Creek Drive. Lot 16, of
the Friendswood Forest Subdivision in Galveston County,
Texas, from requirements of Appendix C Section 8B.
Fences,walls, and hedges, of the Friendswood City Code,
based on ambiguity of the definitions or terms in the
ordinance and/or de minimus circumstances, and shall
demonstrate significant economic reasons why action cannot
be taken by Applicant to achieve compliance with the
zoning provisions of the Code of Ordinances.
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: September 22,2009
TIME: 7:00 PM
Deloris McKenzie,TRMC
City Secretary
Page 1 of 1
Sharon Parks
From: Frank Manigold
Sent: Friday, September 11, 2009 9:04 AM
To: Sharon Parks
Variance request to add permanent Special Exception request:
Seeking a variance request for a fence to be built beyond the front building line at 700 N. Clear
Creek Drive, Lot 16, of the Friendswood Forest Subdivision in Galveston County, Texas, from the
requirements of Appendix C Section 8 B. Fences, walls, and hedges, of the Friendswood City Code,
based on ambiguity of the definitions or terms in the ordinance and/or de minimus circumstances, and
shall demonstrate significant economic reasons why action cannot be taken by Applicant to achieve
compliance with the zoning provisions of the Code of Ordinances.
9/11/2009
NAME ADDRESS CITY SITUS
L DRESCHER, FRED R 608 N CLEAR CREEK DR FRIENDSWOOD, TX 77546-5108
✓ FUJII, MAVIS D 2 WATERFORD OAKS LN KEMAH, TX 77565 617 PENNY LN
✓� GATTEN, KENNETH R&GLENDA M 704 N CLEAR CREEK DR FRIENDSWOOD, TX 77546-5110
✓✓ GULLEDGE, JEDD R 700 N CLEAR CREEK DR FRIENDSWOOD, TX 77546-5110
✓ IRSNER LIVING TRUST 606 N CLEAR CREEK DR FRIENDSWOOD, TX 77546-5108
) SMALL,ALLEN 605 N CLEAR CREEK DR FRIENDSWOOD, TX 77546-5107
"
7/17/2009 700 N Clear Creek envelopes
NOTICE
At the request of the applicant, the Public Hearing scheduled
on July 28, 2009 at 7:00 pm for the property at 700 N. Clear
Creek Dr, Friendswood, TX has been rescheduled for August
25, 2009 at 7:00 pm.
-Et�la� Mayor
DAVID J.H.SMITH
City of Friendswood Councilmembers
MICHAEL E.BARKER
N 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
� xA Interim City Manager
ROGER ROECKER
City Secretary
July 17, 2009 DELORIS McKENZIE,TRMC
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 and a request for an appeal that may be of interest to you.
PROPERTY OWNER: Jedd and Ann Gulledge
LOCATION OF
PROPERTY: 700 N. Clear Creek Drive, Galveston County, Texas
REQUESTED VARIANCE/APPEAL: Seeking a variance for a fence to be built beyond the front
building line at 700 N. Clear Creek Drive, Lot 16, of the
Friendswood Forest Subdivision in Galveston County,
Texas, from the requirements of Appendix C Section 8 B.
Fences, walls, and hedges, of the Friendswood City Code.
Seeking an appeal from a determination by the Building
Official regarding construction of a fence beyond the
front building line at 700 N. Clear Creek Drive, Lot 16,
of the Friendswood Forest Subdivision in Galveston
County, Texas.
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 28, 2009
TIME: 7:00 PM
Deloris McKenzie,rrr&c
City Secretary
t
SeRtemb(* 13, 2007 Page 1 of 3
Melinda Welsh
From: Bobby Gervais [bgervais@Olson Olson.corn]
Sent: Friday, July 17, 2009 4:18 PM
To: Sharon Parks
Cc: Frank Manigold; Melinda Welsh
Subject: RE: ZBOA Property Owners Itr 07-28-09
How about this?
Bobby
July 17,2009
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 and a request for an appeal that may be of interest to you.
PROPERTY OWNER: Jedd and Ann Gulledge
LOCATION OF
PROPERTY: 700 N. Clear Creek Drive, Galveston County, Texas
REQUESTED VARIANCE/APPEAL: Seeking a variance for a fence to be built beyond the
front building line at 700 N. Clear Creek Drive, Lot 16, of the
Friendswood Forest Subdivision in Galveston County, Texas,
varying from the requirements of Appendix C Section 8 B.
Fences,walls, and hedges, of the Friendswood City Code.
Seeking an appeal from a determination by the Building
Official regarding construction of a fence beyond the front
building line at 700 N. Clear Creek Drive, Lot 16, of the
Friendswood Forest Subdivision in Galveston County, Texas.
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 28,2009
7/20/2009
September 13, 2007 PWe 2 of 3
TIME: 7:00 PM
Deloris McKenzie, TRMC
City Secretary
From: Sharon Parks [mailto:sparks@ci.friendswood.tx.us]
Sent: Friday, July 17, 2009 4:07 PM
To: Bobby Gervais
Subject: ZBOA Property Owners Itr 07-28-09
Is this wording OK?
July 17,2009
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: Jedd and Ann Gulledge
LOCATION OF
PROPERTY: 700 N. Clear Creek Drive, Galveston County, Texas
REQUESTED VARIANCE/APPEAL: Seeking a variance/appeal for a fence to be built beyond
the front building line at 700 N. Clear Creek Drive, Lot
16, of the Friendswood Forest Subdivision in Galveston
County, Texas, from the requirements of Appendix C
Section 8 B. Fences, walls, and hedges, of the Friendswood City
Code.
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 28,2009
TIME: 7:00 PM
7/20/2009
1
SeRtembei 13, 2007 Page 3 of 3
Deloris McKenzie, TRMC
City Secretary
7/20/2009
ZBOA Inormation for July 28 Public Hearing Page I of I
Melinda Welsh
From: Bobby Gervais [bgervais@OlsonOlson.com]
Sent: Friday, July 17, 2009 3:48 PM
To: Sharon Parks
Cc: Deloris McKenzie; Melinda Welsh; Frank Manigold
Subject: RE: ZBOA Information for July 28 Public Hearing
HI Sharon-
I noticed that the notice that is going out to the property owners within 200 feet of the subject property states that
the action being considered is a VARIANCE for a fence to be built beyond the front building line at 700 N. Clear
Creek Drive.
From the application that was submitted, however, the request appears to be both a request for a variance and an
APPEAL of the building official's decision. The notice does not say anything about the appeal, it just mentions the
Variance.
Section 211.010(d)of the Local Govt Code requires that we give public notice of the appeal, as well as notify the
applicant. Also section 10C of our zoning ordinance requires this notice for both appeals and variances.
I recommend the notice be modified to give notice of both the appeal and variance are requested. Also the
agenda should state both...
Give me a call if you have any questions...
Bobby
From: Sharon Parks [ma i Ito:spa rks@ci.friendswood.tx.us]
Sent: Friday, July 17, 2009 3:11 PM
To: Bobby Gervais
Cc: Deloris McKenzie; Melinda Welsh; Frank Manigold
Subject: ZBOA Information for July 28 Public Hearing
Bobby,
Here's the application, letter to the owners within 200 feet of the property that is being considered in the hearing,
and a locator map of the property.
<<ZBOA Application - 700 N. Clear Creek Dr..pdf>> <<ZBOA Property Owners Itr 07-28-09.doc>> <<700 N
Clear Creek Drive location map.pdf>>
Sharon Tarks, CTS
Administrative Assistant
City Secretary's Office
City of Friendswood
910 S. Friendswood Dr.
Friendswood, TX 77546-4856
Office 281-996-3270
Fax 281-482-1634
7/20/2009
Mayor
DAVID J.H.SMITH
City of Friendswood
Councilmembers
MICHAEL E.BARKER
910 South Friendswood Drive JIM JIMH�
$ Friendswood, Texas 77546-4856 LESLIE REID
(281) 996-3270 BILL HOLBERT
Fax: (281)482-1634 AxDY RrvERA
Interim City Manager
ROGER ROECKER
City Secretary
DELORIS McKENZIE,TRMC
August 13,2009
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 and a request for an appeal that may be of interest to you.
PROPERTY OWNER: Jedd and Ann Gulledge
LOCATION OF
PROPERTY: 700 N. Clear Creek Drive, Galveston County, Texas
REQUESTED VARIANCE: Seeking a variance for a fence to be built beyond the front
building line at 700 N. Clear Creek Drive, Lot 16, of the
Friendswood Forest Subdivision in Galveston County,
Texas, from the requirements of Appendix C Section 8 B.
Fences, walls,and hedges, of the Friendswood City Code.
REQUESTED APPEAL: Seeking an appeal from a determination by the Building
Official regarding construction of a fence beyond the
front building line at 700 N. Clear Creek Drive, Lot 16,
of the Friendswood Forest Subdivision in Galveston
County, Texas.
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: August 25, 2009
TIME: 7:00 PM
Deloris McKenzie, TRMC
City Secretary
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700 N.Clear Creek Drive
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Disclaimer The City of Fnendswood makes no representation or warranty as to the accuracy of this map and its information nor to its fitness for use.Any user of this map produd accepts the same AS IS,
WITH ALL FAULTS,and assumes aN responsibility for the use thereof,and further agrees to not hold the City of Fnendswood liable from any damage,loss,or liability arising from any use of the map product.
Independent verification of all information contained on this map should be obtained by the end user
City of Friendswood
9Fr South Fnendswood Drive F r i e n d swo o d G I S Mapping
Fn 546 endswood,Texas 77
(281)996-3200
wwwci.fdendswood.bf.us 1 "equals 515 r
NOTICE OF MEETING
State of Texas )(
City of Friendswood )(
Counties of Galveston/Harris )(
September 22, 2009 )(
Notice is hereby given of a Regular Meeting of the Friendswood Zoning Board of Adjustment to be
held on Tuesday, September 22, 2009 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 -REGULAR MEETING
1. Call to order.
2. Administer the Oath of Office to regular members Greg Hughes, Steve Knis and alternate
member Mike Czarowitz.
3. Consideration and possible action regarding appointment of a Chairman and Vice Chairman for a
period ending July 2011.
4. HEARING
The Board will conduct a hearing regarding the following:
A. Seeking:
1. an appeal from a determination by the Building Official regarding
construction of a fence beyond the front building line, for property located at 700 N.
Clear Creek Drive, Lot 16, of the Friendswood Forest Subdivision in Galveston
County, Texas; and/or
2. a variance request for a fence to be built beyond the front building line at 700
N. Clear Creek Drive, Lot 16, of the Friendswood Forest Subdivision in Galveston
County, Texas, (variance from the requirements of Appendix C Section 813, "Fences,
walls,and hedges", of the Friendswood City Code); and/or
3. a permanent special exception request for a fence to be built beyond the front
building line for property located at 700 N. Clear Creek Drive, Lot 16, of the
Friendswood Forest Subdivision in Galveston County, Texas, pursuant to Appendix
C, Section 11C(a) and (b), based on ambiguity of the definitions or terms in the
ordinance and/or de minimus circumstances.
5. Consideration and possible action regarding adoption of order relating to the request described in
Agenda Item 4-A above, regarding 700 N. Clear Creek.
6. Consideration and possible action regarding approval of minutes for August 25, 2009 meeting.
7. 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 CitySe
cretary's s Office at 281 9 -
ry ( ) 96 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
Government Code, on the 17th day of Se tep mber 2009 at 9,'20 P/Y)
Deloris McKenzie, TRM `
City Secretary
NOTICE OF MEETING
State of Texas )(
City of Friendswood )(
Counties of Galveston/Harris )(
August 25, 2009 )(
Notice is hereby given of a Regular Meeting of the Friendswood Zoning Board of Adjustment to be
held on Tuesday, August 25, 2009 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 -REGULAR MEETING
1. Call to order
2. HEARING
The Board will conduct a hearing regarding the following:
A. Seeking an appeal from a determination by the Building Official regarding construction
of a fence beyond the front building line OR a variance for a fence to be built beyond the
Y g y
front building line at 700 N. Clear Creek Drive, Lot 16 of the Friendswood Forest
Subdivision in Galveston County, Texas, from the requirements of Appendix C, Section
8 B. Fences, walls, and hedges, of the Friendswood City Code.
3. Consideration and possible action regarding adoption of order relating to the request
described in Agenda Item 2-A above,regarding 700 N. Clear Creek.
4. Consideration and possible action regarding approval of minutes for December 16, 2008 meeting.
5. Adjournment
L
F nk 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
Government Code, on the 20th day of August 2009 at J;00- ,J� n .
i
m�
Deloris McKenzie, TRMC
City Secretary
t�
City of Fr(endcwood
JUL 7 2009
Received FV ' 1
FRMNDSWOOD ZOMNG BOARD OF ADJUSTMENT
®Request for Variance (n Request for Ap cal
Pee;$100 Fee Paid(date);11 0 7/0 7�2 0 0 9
Applicant's Name: Jedd and Ann Gulledge phone: 281-482-2238
Property Address. 700 N. Clear Creek Dr. , Friendswood, Texas 77546
Legal Description of Property(attach terrified metes&bounds):
Lot 16, Friendswood Forest - See attached deed
County; Galveston
Jedd Gulledge, Ann Gulledge
Sa 07/07/2009
Printed Name of-Owner Address f wrier Date
Dick H. Gregg, Jr. _ADO
Designated Representative r-ti-nof
r of Owner Date
281-480-1211
�a�yasaa4s�asaaagei�waena�+aa44444r#�4ak�ango44009�4#4�4o-aAPPEAL.:Frorn what order,requirement.decision or do the administrative of&cial is the
appeal beingg m nested?
On 06/25�09 Building Official denied request for permit to repair fence
with this notation - "Denied - this fence was before house was built" .
VARIANCE:From what ordinance-(number and section)is the variance being requested?
Zoning - Appendix
(Valiance request cannot be for the purpose of rezoning—see Appendix C—Zoning,Section II B)
44*004t,46********"44*W#4 094440#A 04¢4ndII**4Y-7RtcR}AON4'0°d�4�frbOit�#�t4dA#$}441#�+t+kObA
Pleasc stare die ground for rho appeal/variance you are sceldng:
The fence is was located where an old fence was located. It is a repair
of a gran—afathered fence. See Engineer certified plans sled with and
denied by Building Official. The ordinance allows repair of an existing
fence. The property is 1.67 acres. Owner has made fnultiple repairs ***
Date&Time Received City Official Date
• d�4wOn�+au+am+�Aa44�Y80�@a�a4�a�4444�Fs4�da#tv�aaoa49d4�44�4�u�4�aa�aa4+�4�Y4i44ksettasca+a4+o.4444#}r4aa,axrrmav4�444444
DISPOSITION OF CASE BY ZBOA:
APPEAL
GRANTED: DENIED.: MODIFIED:
HOW MODIFIED:
VARIANCE
GRANTED: DENIED: GRANTED W/CONDITIONS:
CONDITIONS:
Chairman Date
2/2I/2008 through the years. Owner has previously been advised by City that
no permit is needed for repair .of an existing fence.
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City ot ghtendgwood
COMMUNITY DEVELOPMENT DIVISION
910 South Friendswood Drive
FRIENDSWOOD, TEXAS 77546-4856
TEXA
To: ZBOA
From: Frank Manigold Deputy Director of Community Development
Date: July 8, 2009
Subject: Variance at 700 N Clear Creek Dr. to the fence requirements in Appendix
C Section 8 B. Fences, walls, and hedges.
The homeowners would like for the ZBOA to approve a fence that has been constructed
in the front of the property beyond the front building line.
Background
The property owners at 700 N. Clear Creek Dr., were in the process of constructing a new
fence at the front of their property and repairing the fence along the side of the property
when the City Code Enforcement Department was contacted by his neighbor on May 24,
2007. Code Enforcement Officer John Harrist and an inspector went out on site and
talked with the homeowner about the fence. The homeowner was told he needed a permit
to construct a fence in the front of his property. Which he had already started building
the columns across the front of his property. Our code enforcement officer asked the
homeowner to stop work until a permit was issued. On May 30, 2007, our code
enforcement officer revisited the site because no permit was issued.
The homeowner brought in paperwork for the permit. The permit for the fence on the
front of the property was denied because the City discovered the property was only 1.627
acres according to Galveston County Cad. I talked with the homeowner and he stated
that he wanted the fence to give his home some security.
I (Frank Manigold), was contacted by the homeowner's attorney (Dick Gregg) to see
what could be done about the fence. I told him the lot was not over 2 acres so a fence in
the front of the property was not allowed. I was asked by Dick Gregg what if the
homeowner goes ahead and puts up the fence. I told Mr. Gregg that we would have to
write a citation to the homeowner. I did not hear from the homeowner or the attorney for
several months waiting for a response. On September 2, 2007 we wrote the homeowner a
citation because the fence had been completely constructed after the stop work order had
been issued. After waiting several months for this to be resolved and nothing being done,
we wrote another citation on March 19, 2008, and again on March 24, 2008. The City
Ordinance allows us to write a citation for every day that the property is not in
compliance. Staff decided not to write a citation everyday and waited for compliance or
to see how this would be resolved. The City has been asked to appear in court on this
eight (8)times. It has been reset each time.
PERMITS/INSPECTIONS/CODE ENFORCEMENT • ENGINEERING/CAPITAL PROJECTS • PLANNING&ZONING
(281)996-3201 (281)996-3203 (281)9Z-3290
ADMINISTRATION
(281)996-3291
DS wOON ot ghtendavood
COMMUNITY DEVELOPMENT DIVISION
910 South Friendswood Drive
FRIENDSWOOD, TEXAS 77546-4856
TEXAS
After waiting for over two years after the fence was built and out of compliance the
homeowner went to Planning and Zoning to try and have the Ordinance changed. The
Planning and Zoning Committee does not see the need in changing the Ordinance at this
time.
Attached is a copy of the survey that was taken before the house was built and it shows a
barb wire fence. We do not have a survey of the house and lot after it was constructed.
Also attached is a copy of the Ordinance that states you need more than 2 acres to
construct a fenced in the front yard.
Recommendations
In order to be consistent with our current Zoning Ordinances, staff recommends the
denial of the request for a variance because of the requirements of the Ordinance in
Appendix C Section 8 B. Fences, walls, and hedges.
PERMITS/INSPECTIONS/CODE ENFORCEMENT • ENGINEERING/CAPITAL PROJECTS • PLANNING&ZONING
(281)996-3201 (281)996-3203 (281)99623290
ADMINISTRATION
(281)996-3291
166�
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Code Enforcement Investigation Worksheet
J i brCt,SP-
Today's Date Officer
Ocer Case#
•Property Owner/Tenant "7y© CLr 6a7k_ n h-�/'
Existing Address of Violation(or)Legal Description:
•Name of Complainant:
Address/Phone:
Complaint: kin CC4 ce.-D M& a,
�0.+Chat 1.e w kIJ
Investigation Type:
❑ Drive-by ❑ Complaint ❑ Follow-up ❑ Annual ❑ Other
Code Violations found: p,
❑High Grass&Weeds ❑ Public Nuisance
❑Junk Vehicles ❑ No Certificate of Occupancy
❑Trash&Debris ❑ Working without a Plumbing License `
❑Working without a Building Permit ❑ Non-maintenance of Swimming Pool
❑Working without an Electrical License ❑ Other
• Violations Observed at Code Enforcement Inspection:
Action Taken:
❑ Notice of violation / ❑ Verbal Warning /
(date issued) (correction deadline date) (date issued) (correction deadline date)
❑ Certified Letter / ❑ Citation
(date issued) (correction deadline date) (date issued)
otes:
S` ?
❑ Case information entered into HTE on by
(date entered)
PERSONS UNDER THE AGE OF 18 MAY BE REQUIRED BY LAW
TO APPEAR IN COURT WITH A PARENT OR GUARDIAN RESIDENT
MUNICIPAL COURT CITY OF FRIENDSWOOD,TEXAS
CITATION/COMPLAINT POLICE DEPARTMENT No
DRIVER LICENSE/ID
STATE NUMBER/CDL
VIOLATOR
LAST NAME FIRST MIDDLE
RESIDENCE ADDRESS RACE DATE OF BIRTH
CITY AND STATE ZIP CODE SEX HEIGHT EYE COLOR
HOME PHONE EMPLOYER/PHONE S.S.#
i
RADAR U YES LJ NO ACCIDENT DATE HOUR A.M. WEATHER/SURFACE SCHOOLZONE
❑MOVING ❑STATIONARY O FRONT❑REAR ❑YES ❑NO ❑P.M. 0 YES ❑NO
SEARCH ❑YES ❑NO CONSENT ❑YES ❑NO ARREST MADE O YES ❑NO CONTRABAND ❑YES ❑NO TYPE OF CONTRABAND
YOU ARE HEREBY CHARGED WITH THE VIOLATIONS)CIRCLED A. SPEEDING-MPH-ZONE. B. FAIL TO CONTROL SPEED
C. NO DRIVERS LICENSE F. RAN STOP SIGN I. NO DL ON DEMAND M.CURFEW VIOLATION
D. EXPIRED DRIVERS LICENSE G. ASSAULT ❑CONTACT I]THREAT J. EXPIRED MVI STICKER N. MINOR IN POSSESSION OF
E. RAN RED LIGHT H. EXPIRED REGISTRATION K. NO PROOF OF FINANCIAL RESPONSIBILITY 0.NO SEAT BELT
L. PUBLIC INTOXICATION P. UNSECURED CHILD, AGE
LOCATION:
I I .
O. OTHER VIOLATION: WARNING:
ISSUING OFFICER NAME: WITNESS:
I BADGE NUMBER:
1 i
A CHILD AND PARENT REQUIRED TO APPEAR BEFORE THE COURT HAVE A CONTINUING OBLIGATION TO PROVIDE THE COURT IN WRITING WITH THE CURRENT ADDRESS AND
RESIDENCE OF THE CHILD.The obligation does not end when the child reaches 17.On or before the seventh day after the date the child or parent changes residence,the child shall notify the court of
the current address in the manner directed by the court.A violation of this subsection may result in arrest and is a Class C misdemeanor.The obligation to provide notice terminates on discharge and
satisfaction of the judgment or final disposition not requiring a finding of guilt.
I
I YOU ARE SCHEDULED TO APPEAR FOR ARRAIGNMENT AT THE MUNICIPAL COURT,1600 WHITAKER DR.,FRIENDSWOOD,TX 77546 ON VEH.LIC.M ST.
qT
I I HEREBY ACKNOWLEDGE RECEIPT OF THE ABOVE NOTIFICATION AND PROMISE TO APPEAR IN COURT AT THE TIME AND PLACE ABOVE.FAILURE TO APPEAR FOR THE
I PROSECUTION OF THE OFFENSE OR IF THE PERSON FAILS TO PAY OR SATISFY A JUDGMENT ORDERING THE PAYMENT OF A FINE AND COST IN THE MANNER ORDERED BY VEH.YR. MAKE
1 THE COURT,THE PERSON MAY BE DENIED RENEWAL OF THE PERSONS DRIVERS LICENSE.
t THIS IS NOT A PLEA OF GUILTY. I PROMISE TO APPEAR AT THE MUNICIPAL COURT AS ORDERED ABOVE. I UNDERSTAND THAT MY FAILURE TO DO MODEL COLOR
j SO CONSTITUTES A SEPARATE OFFENSE OF FAILURE TO APPEAR.
SIGNATURE OF PARTY CHARGED
I
§ 8 FRIENDSWOOD CITY CODE
B. Fences, walls, and hedges. Except as provided below, fences, walls, and hedges are
permitted in or along the edge of any required yard. However,no fence,wall,or hedge shall be
construction on any exterior side yard so as to constitute a hazardous visual obstruction to
traffic in any direction, and same must conform to subsection A. of this section.Additionally,
fences,walls, and hedges may only be constructed in front yards on lots adjacent to FM 528,
FM 2351,and FM 518 north of FM 2351 and south of FM 528,or on lots greater than two acres,
provided that no hazardous visual obstruction is created.Additionally,fences must be installed
with the finished side facing outward.
C. Accessory buildings. Except as specifically permitted by this ordinance, no accessory
building shall be erected in any required yard, and no separate accessory building shall be
erected within five feet of any other buildings.
D. Erection of more than one principal structure on a lot. In any district, more than one
structure housing a permitted or permissible principal use may be erected on a single lot,
provided that yard, street frontage, and other requirements of this ordinance shall be met for
each structure as though it were on an individual lot.
E. Structures to have access. Every building hereafter erected shall be on a lot adjacent to
a public street,an approved private street,or provide written documentation for shared access
agreements, and all structures shall be so located on lots as to provide safe and convenient
access for servicing, fire protection, shared parking and/or off-street parking.
i
F. Off-street parking and loading regulations.
1. Purpose. It is the intent of this section to assure [ensure] that adequate off-street
parking is provided with the construction, alteration, remodeling or change of use of
any building or change of use of land. Specific guidelines regarding recommended
off-street parking spaces and parking lot geometrics shall comply with the require-
ments of the current design criteria.
a. Approval by the Commission shall be required of parking area layouts and design
of all off-street parking, including shared parking areas, with the recommenda-
tion of by the city engineer.The city engineer shall render to the Commission his
recommendation regarding the usability of the proposed parking spaces, and the
adequacy of vehicular circulation patterns.
b. Bonus for landscaping of off-street parking facilities. The minimum off-street
parking requirements shall be reduced up to a maximum of 50 percent of the
requirement where an equal percent of the total parking area has been retained
and developed as landscaped open space area.The percent of the landscaped open
space area shall determine the maximum percent reduction which will be
permitted in the total number of off-street parking spaces.
C. Downtown District parking.To promote pedestrian friendly environments,shared
parking and shared parking access is encouraged. Head-in parking may be
allowed in the DD with the approval of the Commission,upon recommendation of
the city engineer,in areas at least 400'from FM 518 and/or FM 2351.No on-street
Supp. No.3 CDC:38
Sao . :j� �-��,g • ... �� �v1,` (-�„�-`� . �J
9
a
t
Prepared by the State Bar of Texas for use by lawyers only. Reviewed
1-1-76. Revised to include grantee's address (art. 6626, RCS) 1-1-82,
WARRANTY DEED WITH VENDOR'S LIEN
THE STATE OF TEXAS
COUNTY OF GALVESTON KNOW ALL MEN BY THESE PRESENTS:
That ROBERT E : LAGUARTA AND WIFE LYNDA M. LAGUARTA
of the County of GALVESTON and State of TEXAS for and in
consideration of the sum of TEN DOLLARS ($10 . 0())
DOLLARS
and other valuable consideration to the undersigned paid by the grantee herein named, the receipt of which
is hereby acknowledged, and the further consideration of one certain p r om i s s o r y note of
even date herewith in the amount of $23 ,500 . 00 .
the payment of which note is secured by the vendor's lien herein retained, and is additionally secured by a deed
of trust of even date herewith to JOHN V . 0 ' SULLIVAN , Trustee,
1527 S . Richey #7* , Pasadena, Texas 77052
have GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SELL AND CONVEY unto
JEDD RAYNARD GULLEDGE
of the County of HARRIS and State of TEXAS , all of the following described real
property in GALVESTON County, Texas, to-wit:
Lot Sixteen (16) , Friendswood Forest , a Subdivision in Galveston County ,
Texas according to the map or plat thereof , recorded in Volume 254-A,
Page 79 in the County Clerk of Galveston County , Texas .
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 , his heirs and assigns
forever; and they do hereby bind their heirs, executors and administrators to
WARRANT AND FOREVER DEFEND all and singular the said premises unto the said grantee h i s
heirs and assigns, against every person whomsoever lawfully claiming or to claim the same or any part
thereof.
But it is expressly agreed that the VENDOR'S LIEN, as well as the Superior Title in and to the above
described premises, is retained against the above described property, premises and improvements until the above
described note and all interest thereon are fully paid according to the face, tenor, effect and reading thereof,
when this Deed shall become absolute.
EXECUTED this .2/57" day of ,J U 1a lk-- :
,,A. D. 9
r
__________ ------ �'.. ........_.._......._._._..
ROBERT E . LAGU TA
----- -------- - -- ----------------- _
� .. ----------------
. YNDA M. LAGUARTA
Yame: JEDD RAYNARD GULLEDGE Name: ROBERT E. and LYNDA M. LAQUARTA
Address: 5503 CAVERSHAM Address: 1207 THOMAS
Houston, Texas FRIENDSWOOD, TEXAS 77546
(Acknowledgment)
STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on the J/•S I- day of
by ROBERT E. LAQUARTA AND LYNDA M. LAGUARTA VV
��F-•--..8 . KAYE WOERZ •..............•-- �- --•• - --.._.__........._...............----.....---
fr-� '
p" J P!�:tsry Public in and 1u:Slz!e ct Texas No. Public,St a of�ex�
pAv cummusion Expres hi2Y 28.1985 Notary's name(printed):
F�CS'S.r� Notary's commission expires:
(Acknowledgment)
STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on the day of 19 ,
by
------------------••-------------••--•-•--•-•-••---.................-----------•--•---•--...:......._._.
Notary Public,State of Texas
Notary's name(printed):
Notary's commission expires:
(Acknowledgment)
STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on the day of 19
by
..--....-•---•----•--•..............................•----••--------................--.....................
Notary Public,State of Texas
Notary's name(printed):
Notary's commission expires:
(Corporate Acknowledgment)
STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on the day of 19 ,
by ,
of
a corporation,on behalf of said cerporation.
.............
Notary Public, State of Texas
Notary's name(printed):
Notary's commission expires:
AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF:
JEDD RAYNARD GULLEDGE JOHN V. O'SULLIVAN,
5 ATTORNEY at LAW
503 CAVERSHAM
Houston, Texas 1527 S . Richey 4i7
Pasadena, Texas 77502
State of Texas X
City of Friendswood X
Counties of Galveston/Harris X
December 16,2008 X
Minutes of a Regular Meeting of the Friendswood Zoning Board of Adjustment that was held on
Tuesday, December 16, 2008 at 7:00 PM at Friendswood City Hall Council Chambers, 910 S.
Friendswood Drive,Friendswood,Texas,with the following present constituting a quorum:
Chairman Greg Hughes
Vice Chairman Steve Knis
Regular Member Ronald Dyer
Alternate Member Mike Czarowitz
Alternate Member Carol Thelen
Alternate Member Glen Grayban
Alternate Member Linda Thornton
City Attorney Bobby Gervais
Building Official Frank Manigold
Staff Liaison Melinda Welsh
Regular members David O'Brien and Delvin Kendrick were absent from the meeting.
Chairman Greg Hughes called the meeting to order at 7:00 PM.
7:00 PM—REGULAR SESSION
Chairman Hughes appointed alternate members Mike Czarowitz and Carol Thelen as regular voting
members due to regular members David O'Brien and Delvin Kendrick's absence.
Chairman Hughes explained the process for holding the public hearing.
Chairman Hughes called the hearing to order to receive public input regarding a variance for the side
setback at 1410 Greenbriar, Tract 14 of the S.E. Whitney subdivision in the Sarah McKissick League,
Abstract 151, Galveston County,Texas from the requirements of Appendix C-Zoning, Regulation Matrix
Residential District 7.Q.3 of the Friendswood City Code to allow construction of an accessory building
within 2.6 ft.from the property line.
Guy Crouch stated he is the applicant's attorney and also a Friendswood resident,is speaking on behalf of
applicants Lloyd Stansberry and Bobbi Kacz. The applicants did everything they were supposed to do,
hired a builder, submitted plans to the builder to build a small building in their back yard, small fence
between the neighbors, has been there forever, after Hurricane Ike it was rebuilt in the same place, fence
is within 3 ft. of the side of the adjoining neighbor's property, builder said on many occasions that he
found the iron rod that denotes where property line was, he measured off where fence was located which
was 2.5 ft. in error, has certified copy of engineer certificate that was built in compliance with wind
storm, 10 ft. utility easement there, would prohibit any kind of building, no windows on the contiguous
side that faces other landowners, builder measured from the fence instead of iron rod so that was the
mistake, construction was done to code, builder built it in the wrong place, is 10 ft. in the property line
easement, can provide neighbor's support in writing if needed, if variance is not granted would have to
tear it down,knows law is law and that is why there is a Zoning Board of Adjustment and Appeals to hear
cases like this, is asking for a variance. Lloyd Stansberry stated he is embarrassed that they are there
because he and the other applicant Bobbi Kacz are both attorneys and they know better,hired builder that
J
made representations that he builds a lot in Friendswood, found that was not true, found other residents
had problems, stated Bobbi just survived Stage 4 cancer and this is an exercise area to build her strength
back up,has cost them around$50,000 to build this, said they are negotiating 1 ft. impingement with their
neighbors on their property, lives on 2 acres, not close or near others, thinks there are good reasons to
approve without setting precedent. Applicant Bobbi Kacz stated before they did the building she did her
homework, talked to Deputy Director of Community Development Frank Manigold, property shaped
unusual, where they put it is the only spot it can be put, had to size the building to accommodate where
the flood plane is. Mr. Stansberry stated they questioned the builder about where to put this building,was
assured of all their concerns, first learned from Frank Manigold that permits had not been pulled for this
project, was told when first stop order was placed on the property that the builder was taking care of it,
the second stop order was covered up by builder who did not want Mr. Stansberry to see this, has dogged
the builder to fix but have been duped.
Chairman Hughes asked if anyone would like to speak against the request.
Steve Pottinger, Friendswood resident and neighbor, stated he is not in favor. There are several
inconsistencies, built his fence 11 years ago inside the property line, his is right on the property line,
drainage problem that has worsened with this building being built, is adamantly against granting this
request and handed pictures of drainage issues to the board members.
Hearing no further input the Public Hearing was closed.
Boardmember Czarowitz asked if they had a survey when they bought the property,Lloyd Stansberry said
yes and had another one in 2008, gave to builder, this was rural property many years ago, neighbor he
spoke of Mr. Smeltzer used as cattle property, was a barbed wire fence, when folks behind bought their
property the barbed wire fence was thought to be their property line, that was not the case. Bobbi Kacz
stated when they bought the property there was only one neighbor, was there before Buckingham
Addition was built and their fence line was built then. Mr. Stansberry stated their property should not be
draining on neighbor's property. Buckingham had detention built, should not be draining on their land,
should be draining in the retention area. Chairman Hughes clarified fence line issues with applicants.
Applicant attorney Guy Crouch stated the issue with drainage should not be an issue because the property
should not be draining on their property. Vice Chairman Knis asked does roof drain on other property
line and Guy Crouch answered no it does not. Deputy Director of Community Development Frank
Manigold stated a neighbor complained to Code Enforcement after Hurricane Ike, that is why the first
stop work tag was put on. Chairman Hughes clarified the timeline of when communication started on
getting a permit,permit was denied August 27,on October 22 there was an e-mail from builder asking the
City when can get permit, the City sent an e-mail back telling the problem, October 21 was when the
complaint to Code Enforcement was made, builder proceeded even though he did not have the authority
to do so,put first stop tag on,neighbor from Lot 10 asked why the City let the builder proceed when rules
were broken and that is when second tag was put on. Mr. Stansberry stated he contacted the builder when
the first red tag was done and the builder lied to him saying it was regarding wind storm inspection. Mr.
Manigold stated he kept asking the builder for survey and builder kept assuring him it was up to code.
Mr. Stansberry stated builder physically covered the second red tag. Boardmember Dyer asked when Mr.
Stansberry was aware when he was encroaching and Mr. Stansberry answered the same day he spoke to
Mr. Manigold who told him what he needed to do. Boardmember Dyer asked if there was any more
construction after the second red tag and Mr. Stansberry stated no,not since they filed an application for a
variance. Mr. Pottinger stated he disagreed with that statement. Chairman Hughes asked when the
structure started being built above the slab, the slab was poured approximately 2 weeks after Hurricane
Ike, early October was when the structure started being built. Ms. Kacz stated there has not been any
building in a couple of months. Mr. Stansberry stated they were not privy to any of the a-mails between
the City and the builder. Mr. Stansberry stated when first red tag was done was when he realized there
was a problem, wind storm people made the builder change some stuff on the building. Chairman
Hughes asked if the builder was insured and Mr. Stansberry stated he does not know, has mostly stopped
communicating with builder,new survey was done November 14,2008.
Chairman Hughes asked neighbor Mr. Pottinger about drainage issues, if something could be done to be
sure that drainage would be suitable and something could be done to help the visual is that something that
would make him feel better and Mr. Pottinger stated he would have to see what was in mind, drainage
was not supposed to be from Buckingham to their property, natural drain was to the drainage ditch.
Chairman Hughes asked Mr.Manigold about lots draining to the front(Type A)or to the back because of
Chigger Creek and Mr. Manigold stated should go from lot to lot to lot into detention. Boardmember
Czarowitz asked about 11 year fence and Mr. Pottinger stated it was built in 1997. Mr. Stansberry stated
this is a quality improvement to the property, paint on outside matches residence, gutter will be put in
place, except for the builder they selected this should be a quality project. Chairman Hughes asked about
monetary expense to remove building and Mr. Stansberry answered $10,000 to remove and to rebuild
$60,000 so about $70,000 in all. Ms. Kacz stated they had bamboo grown on their property that they cut
down to access their building being built and plans to grow it back up to have privacy for both. Attorney
Guy Crouch stated roof line is moved over 2.5 ft would not help aesthetics. Mr. Stansberry stated he
wished they did not have to be here. Chairman Hughes asked Frank Manigold or City Attorney Bobby
Gervais if there is a criminal charge and the City Attorney answered that it was not a large one. Mr.
Manigold stated he did not write a citation at the time because he was trying to resolve. Chairman
Hughes stated this is a difficult decision, can consider financial, clearly the builder is the one who did
wrong, should suffer some kind of penalty. Vice Chairman Knis stated he is concerned about drainage.
Chairman Hughes stated they could put in a French drain or something like that. Boardmember Dyer
stated the issue is that it is in the setback, not a drainage issue. Vice Chair Knis asked if flat work could
be right up to the property line and Mr. Manigold answered yes, is encroaching 1.1 ft., can cut the flat
work out. Mr. Stansberry stated they are discussing a license agreement with neighbors and further stated
they can cut that 13 inches if that would resolve the issue. Vice Chair Knis asked Mr. Pottinger if the
applicants did something about drainage would that help and Mr.Pottinger answered yes.
**Boardmember Knis made a motion to approve the variance as requested for property located at 1410
Greenbriar contingent upon the concrete apron being cut back 14 inches and sufficient drainage plan is
put in to ensure not causing problems with neighbor on the back side and hire a contractor that knows
what he is doing on drainage and would communicate with Deputy Director of Community Development
Frank Manigold.
Seconded by Boardmember Hughes. The motion failed 2-3 with Boardmembers Dyer, Thelen and
Czarowitz opposed.
**Boardmember Dyer made a motion to approve the variance as requested for property located at 1410
Greenbriar.
Seconded by Boardmember Czarowitz.The motion failed unanimously.
Applicant attorney Guy Crouch asked hypothetically if anyone sees a way, under these particular
circumstances, if there is a way to make this happen. Chairman Hughes stated every case is taken on its
individual merits. Mr. Crouch asked if there is a rehearing possibility and City Attorney Bobby Gervais
stated they cannot reapply for a year unless there is a material change. Chairman Hughes stated cannot
make any guarantees.
**Boardmember Thelen moved to approve the minutes for November 25,2008.
Boardmember Kendrick seconded the motion. The motion was approved unanimously.
A motion was made and approved to adjourn at 8:00 PM.
NOTICE OF MEETING
State of Texas )(
City of Friendswood )(
Counties of Galveston/Harris )(
August 25, 2009 )(
Notice is hereby given of a Regular Meeting of the Friendswood Zoning Board of Adjustment to be
held on Tuesday, August 25, 2009 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 -REGULAR MEETING
1. Call to order
2. HEARING
The Board will conduct a hearing regarding the following:
A. Seeking an appeal from a determination by the Building Official regarding construction
of a fence beyond the front building line OR a variance for a fence to be built beyond the
front building line at 700 N. Clear Creek Drive, Lot 16 of the Friendswood Forest
Subdivision in Galveston County, Texas, from the requirements of Appendix C, Section
8 B. Fences, walls,and hedges, of the Friendswood City Code.
3. Consideration and possible action regarding adoption of order relating to the request
described in Agenda Item 2-A above,regarding 700 N. Clear Creek.
4. Consideration and possible action regarding approval of minutes for December 16, 2008 meeting.
5. Adjournment
L
F nk 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
Government Code, on the 20th day of August 2009 at
�� i
Ic /
Deloris McKenzie, TRMC
City Secretary
Attendance:
Greg Hughes
Ron Dyer
Steve Knis
Alternates:
Carol Thelen
Glen Grayban
Mike Czarowitz
Linda Thornton
STAFF:
Bobby Gervais
Melinda Welsh
Frank Manigold
ABSENT:
David O'Brien
Delvin Kendrick
NOTICE OF MEETING
State of Texas )(
City of Friendswood )(
Counties of Galveston/Harris )(
December 16,2008 )(
Notice is hereby given of a Regular Meeting of the Friendswood Zoning Board of Adjustment to be
held on Tuesday, December 16, 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:
Chairman Hughes called to order at 7:00 PM
He appointed alternate members Mike Czarowitz & Carol Thelen as regular voting members to
replace regular members David O'Brien and Delvin Kendrick who were absent.
Hughes explained the process of the hearing.
7:00 PM-REGULAR MEETING
1. Call to order
2. HEARING
The Board will conduct a hearing regarding the following:
A. Seeking a variance for the side setback at 1410 Greenbriar, Tract 14 of the S.E. Whitney
subdivision in the Sarah Mckissick League, Abstract 151, Galveston County Texas from
the requirements of Appendix C-Zoning, Regulation Matrix Residential District 7.Q.3 of
the Friendswood City Code to allow construction of an accessory building within 2.6 ft.
from the property line.
Guy Crouch, attorney in Alvin and Friendswood resident, is speaking on behalf of Lloyd
Stansberry and Bobbi Kacz. Handed out documents. Bobbi and Lloyd did everything they were
supposed to do, hired a builder, submitted plans to the builder to build a small building in their
back yard, small fence between the neighbors, has been there forever, after Hurricane Ike was
rebuilt in the same place, fence is within 3 ft of the side of the adjoining neighbor's property,
builder said on many occasions that he found the iron rod that denotes where property line was,
he measured off of where fence was located which was 2 %2 ft in error, has certified copy of
engineer that was built in compliance with wind storm, 10 ft utility easement there, would
prohibit any kind of building, no windows on the contiguous side that faces other landowners,
builder measured from the fence instead of iron rod so that was the mistake, construction was
done to code, builder built it in the wrong place, is 10 ft in the property line easement, can
provide neighbor's support in writing if needed, if variance is not granted would have to tear it
down, knows law is law and that's why there is a ZBOA to hear cases like this, asking for a
variance. Lloyd Stansberry stated he is embarrassed that they are there because he and Bobbi are
both attorneys and they know better, hired builder that made representations that he builds a lot
in Friendswood, found that was not true, found other residents had problems, Bobbi just survived
Stage 4 cancer and this is an exercise area to build her strength back up, has cost them around
$50,000 to build this, said they are negotiating 1 ft impingement with their neighbors on their
property, lives on 2 acres, not closely near others, thinks there are good reasons to approve
without setting precedent, Bobbi stated before they ddid the building she did her homework,
talked to Frank M, property shaped unusual, where they put it is the only spot it can be put, had
to sized the building to accommodate where the flood plane is, Lloyd stated they questioned the
builder about where to put this building, he assured them of all their concerns, first learned from
Frank that permits had not been pulled for this project, was told when first stop order was placed
on the property that the builder was taking care of it,the 2"d stop order was covered up by builder
who did not want Lloyd to see this, has dogged the builder to fix but have been duped.
Chairman Hughes asked if anyone would like to speak in favor,
Steve Pottinger, neighbor, stated he is not in favor. There are several inconsistencies, built his
fence 11 years ago inside the property line, his is right on the property line, read a statement he
prepared, drainage problem that has worsened with this building being built, is adamantly against
granting this request. Gave pictures to show ZBOA.
Asked if anyone would like to speak for.
Closed the hearing.
Boardmember Czarowitz asked if they had a survey when they bought the property, Lloyd
Stansberry said yes and had one in 2008, gave to builder, this was rural property many years ago,
neighbor he spoke of Mr. Smeltzer used as cattle property, was barbed wire fence, when folks
behind bought their property the barbed wire fence was thought to be their property line,that was
not the case. Bobbi Kacz stated when they bought the property there was only one neighbor,was
there before Buckingham addition was built and their fence line was built then, Lloyd stated
their property should not be draining on their property, Buckingham had detention built, should
not be draining on their land, should be draining in the retention area, Greg Hughes clarified
fence line issues with applicants, Guy Crouch stated the issue with drainage should not be an
issue because the property should not be draining on their property, Knis asked does roof drain
**Boardmember Knis made a motion to grant contingent upon the concrete apron being cut back
14 inches and sufficient drainage plan is put in to ensure not causing problems with neighbor on
the back side and hire a contractor that knows what he is doing on drainage and would
communicate with Frank Manigold.
Chairman Hughes seconded the motion.
Vote:
Favor: Hughes and Knis
Against: Dyer, Thelen& Czarowitz
Dyer made a motion to approve
Czarowitz second
Favor:None
Opposed: ALL
Crouch asked hypothetically if anyone sees a way under this particular circumstance is there a
way to make this happen. Greg Hughes stated every case is taken on its individual merits,
Crouch asked if there is a rehearing possibility, Bobby Gervais stated they cannot reapply for a
year unless there is a material change. Hughes stated cannot make any guarantees.
4. Consideration and possible action regarding approval of minutes for November 25, 2008 meeting
Thelen made a motion to approve
Dyer seconded
Vote:U
5. Adjournment 8:18 PM
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.
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 12th day of December 2008 at
Deloris McKenzie,TRMC
City Secretary
on other property line, Guy Crouch said no it does not, Frank Manigold stated neighbor
complained to code enforcement after Hurricane Ike, that is why the first stop work tag was put
on, Chairman Hughes clarified the timeline of when communication started on getting a permit,
permit was denied August 27, on October 22°d there was an e-mail from builder asking COF
when can I get my permit, next COF sent an e-mail back telling the problem, October 2Is' was
when the complaint to code enforcement was made, builder proceeded even though he did not
have the authority to do so, put 1 St stop tag on, neighbor from Lot 10 asked why COF let builder
proceed when rules were broken and that's when 2°d tag was put on, Lloyd contacted builder
when 1 st red tag was done and builder lied to him with the answer(wind storm inspection), Frank
stated he kept asking builder for survey and builder kept assuring Frank it was up to code, Lloyd
stated builder physically covered the 2nd red tag, Dyer asked when Lloyd was aware when he
was encroaching, Lloyd said the same day he spoke to Frank and Frank told him what he needed
to do, Dyer asked if there was any more construction after 2nd red tag, Lloyd said no,not since he
filed application for variance, (neighbor opposed disagreed with that statement) Greg asked
when did structure start being built above the slab, the slab was poured approximately 2 weeks
after Hurricane Ike, early October was when the structure started being built, Bobbi said there
has not been any building in a couple of months, Lloyd stated they were not privy to any of the
e-mails between COF and builder, Lloyd stated when 1 st red tag was done was when he realized
there was a problem, wind storm people made builder change some stuff on the building, Greg
asked if builder was insured, Lloyd stated he does not know, has mostly stopped communicating
with builder,new survey was done November 14, 2008.
Chairman Hughes asked neighbor Mr. Pottinger about drainage issues, if something could be
done to be sure that drainage would be suitable and something could be done to help the visual is
that something that would make you feel better, Pottinger stated he would have to see what you
have in mind, drainage was not supposed to be from Buckingham to their property, natural drain
was to the drainage ditch, Hughes asked Frank about lots draining to the front (Type A) or to the
back because of Chigger Creek, Frank said should go from lot to lot to lot into detention,
Czarowitz asked him about 11 year fence, Pottinger said it was built in 1997. Lloyd state this is
a quality improvement to the property, paint on outside with match residence, gutter will be put
in place, except for the builder they selected this should be a quality project. Hughes asked
about monetary expense to remove building, Lloyd said probably $10,000 to remove and to
rebuild $60,000 so about $70,000. Bobbi said they had bamboo grown on their property that
they cut down to access their building being built and plans to grow it back up to have privacy
for both, Guy Crouch said roof line is moved over 2 '/z ft would not help aesthetics, Stansberry
said he wished they did not have to here. Hughes asked Frank or Bobby Gervais if there is a
criminal charge, Bobby said not a large one, Frank said he did not write a citation at the time
because he was trying to resolve. Hughes stated this is a difficult decision, can consider
financial, clearly the builder is the one who did wrong, should suffer some kind of penalty. Knis
stated he is concerned about drainage, Hughes stated they could put in a French drain or
something like that, Dyer stated the issue is that it is in the setback, not a drainage issue, Knis
asked if flat work could be right up to the property line and Frank said yes, is encroaching 1.1 ft.,
can cut the flat work out, Stansberry stated they are discussing a license agreement with
neighbors, Stansberry said they can cut that 13 inches if that would resolve the issue, Knis asked
Pottinger if Stansberry did something about drain would that help, Pottinger said yes.
3. Consideration and possible action regarding adoption of order relating to the request
described in Agenda Item 2-A above,regarding 1410 Greenbriar.
ZBOA Agenda for 8-25-09 Page 1 of 1
Sharon Parks
From: Grayban, GR (Glen) at BEI Corporation [GRGrayban@bei-us.com]
Sent: Tuesday, August 25, 2009 5:05 PM
To: Sharon Parks
Subject: RE: ZBOA Agenda for 8-25-09
Sorry for the late reply. I will be there.
Regards,
Glen Grayban
From: Sharon Parks[mailto:sparks@ci.friendswood.tx.us]
Sent:Monday,August 24,2009 9:17 AM
To:cthelen@swbell.net;lindavid65@sbcglobal.net;delvink@comcast.net;Grayban,GR(Glen)at BEI Corporation;
gregahughes@sbcglobal.net;lindasthornton@sbcglobal.net;czarowitz@hotmail.com;rdyer3000@yahoo.com;
sknis@sbcglobal.net
Cc:Melinda Welsh
Subject:ZBOA Agenda for 8-25-09
This is the agenda for tomorrow night's meeting.
<<ZBOA090825a.pdf>>
Sharon Parks, CPS
Administrative Assistant
City Secretary's Office
City of Friendswood
910 S.Friendswood Dr.
Friendswood,TX 77546-4856
Office 281-996-3270
Fax 281-482-1634
8/25/2009
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 (7th 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 7/09 — 7/12 (5th term)
217-B East Parkwood
Friendswood, TX 77546
(h) 281-648-9115
(w) 281-992-3033
4. Steve Knis — Vice Chairman 7/09 — 7/12 (3rd term)
204 Victoria Way
Friendswood, TX 77546
(h) 832-569-2171
(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 (1st term)
200 Stonehenge Ln.
Friendswood, TX 77546
(h) 281-482-7118
/2. Glen Gra ban 7/07 — 7/10 1 st term
Y ( )
1527 Garden Lakes
Friendswood, TX 77546
(h) 832-818-3097
(w) 713-579-0777
3. Carol A. Thelen 7/07-7/10 (1st term)
2108 Pine Dr.
Friendswood, TX 77546
(h) 281-993-9898
(w) 832-640-2923
I:\Committees\Group A\ZBOA Roster.doc Rev.07/23/09
4. Mike Czarowitz 7/09 — 7/12 (2nd term)
201-C Skyview
Friendswood, TX 77546
(h) 281-992-2900
(c) 713-252-7464
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 4th Tuesday of each month as needed.
1ACommittees\Group A\ZBOA Roster.doc Rev.07/23/09
NOTICE OF MEETING
State of Texas )(
City of Friendswood )(
Counties of Galveston/Harris )(
August 25, 2009 )(
Notice is hereby given of a Regular Meeting of the Friendswood Zoning Board of Adjustment to be
held on Tuesday, August 25, 2009 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-REGULAR MEETING
1. Call to order
2. HEARING
The Board will conduct a hearing regarding the following:
A. Seeking an appeal from a determination by the Building Official regarding construction
of a fence beyond the front building line OR a variance for a fence to be built beyond the
front building line at 700 N. Clear Creek Drive, Lot 16 of the Friendswood Forest
Subdivision in Galveston County, Texas, from the requirements of Appendix C, Section
8 B. Fences, walls,and hedges, of the Friendswood City Code.
3. Consideration and possible action regarding adoption of order relating to the request
described in Agenda Item 2-A above,regarding 700 N. Clear Creek.
4. Consideration and possible action regarding approval of minutes for December 16, 2008 meeting.
5. Adjournment
L
Fi0lnk 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
Government Code, on the 20th day of August 2009 at J
i
mC /
Deloris McKenzie,TRMC
City Secretary
MY of Friendswood
JUL 7 2009
Reeen,ed {�
FRIENDSW OOD ZONING BOARD OF ADIUMI'MNT
®Requesc for Variance Ej Request for Ap cal
Pet;$I00 Fee Paid(date): 0 7/0 7 12 0 0 9
Applicant's Name: Jedd and Ann Gulledge Phone: 2 81-4 8 2-2 2 3 8
Property Address: 700 N. Clear Creek Dr. , Friendswood, Texas 77546
Legal Description of Property(zaach certified metes&bounds):
Lot 16, Friendswood Forest - See attached deed
County; Galveston
Jedd Gulledge, Ann Gulledge
Sa 07/07/2009
Printed Name of-Owncr kAdd6ressfr Date
Dick H. Gregg, Jr.Designated Rtpresentacive er Datc281-480-1211
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APPEAL:From what order,requiremenr,decision or de anon of the administrative official is the
appeal beingg requested?
On 06/25/'09 Building Official denied request for permit to repair fence
with this notation - "Denied - this fence was before house was built" .
VARIANCE:From what ordinance number and section)is the variance bung requested?
Zoning - Appendix
(Valiance request cuu,ot:be for the pwpose of rezoning—sec Appen&C--Zoning,Section iI B)
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Please state die grougd for the appeal/variance ou are sceking:
The fence is was located where an old fence was located. It is a repair
of a gran at ere fence. See Engineer certified plans filed with and
denied by Building Official. The ordinance allows repair of an existing
fence. The property is 1 .67 acres . Owner has made fnultiple repairs ***
Date&Time Received City Official Date
• #tr#+s#naa¢+amweo+a#*i#0##a¢aaaa#zta#V#1a#aa¢a¢#¢a¢aPade##oa#aaaeoodb#tl�►+i#aaaa¢asosamav�a+a+s#wraaaa¢¢aaa¢avor
DISPOSITION OF CASE BY ZBOA:
APPEAL
GRANTED: Di;NIED. MODIFIED:
HOW MODIFIED:
VARIANCE
GRANTED: DENIED: GRANTED W/CONDITIONS:
CONDITIONS:
Chairman Date
2/21/2008 through the years. Owner has previously been advised by City that
no permit is needed for repair .of an existing fence.
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COMMUNITY DEVELOPMENT DIVISION
910 South Friendswood Drive
FRIENOSWOOD, TEXAS 77546-4856
TEXA
To: ZBOA
From: Frank Manigold Deputy Director of Community Development
Date: July 8,2009
Dr. to the fence requirements in
Subject: Variance at 700 N Clear Creek q Appendix
C Section 8 B. Fences,walls, and hedges.
The homeowners would like for the ZBOA to approve a fence that has been constructed
in the front of the property beyond the front building line.
Background
The property owners at 700 N. Clear Creek Dr., were in the process of constructing a new
fence at the front of their property and repairing the fence along the side of the property
when the City Code Enforcement Department was contacted by his neighbor on May 24,
2007. Code Enforcement Officer John Harrist and an inspector went out on site and
talked with the homeowner about the fence. The homeowner was told he needed a permit
to construct a fence in the front of his property. Which he had already started building
the columns across the front of his property. Our code enforcement officer asked the
homeowner to stop work until a permit was issued. On May 30, 2007, our code
enforcement officer revisited the site because no permit was issued.
The homeowner brought in paperwork for the permit. The permit for the fence on the
front of the property was denied because the City discovered the property was only 1.627
acres according to Galveston County Cad. I talked with the homeowner and he stated
that he wanted the fence to give his home some security.
I (Frank Manigold), was contacted by the homeowner's attorney (Dick Gregg) to see
what could be done about the fence. I told him the lot was not over 2 acres so a fence in
the front of the property was not allowed. I was asked by Dick Gregg what if the
homeowner goes ahead and puts up the fence. I told Mr. Gregg that we would have to
write a citation to the homeowner. I did not hear from the homeowner or the attorney for
several months waiting for a response. On September 2, 2007 we wrote the homeowner a
citation because the fence had been completely constructed after the stop work order had
been issued. After waiting several months for this to be resolved and nothing being done,
we wrote another citation on March 19, 2008, and again on March 24, 2008. The City
Ordinance allows us to write a citation for every day that the property is not in
compliance. Staff decided not to write a citation everyday and waited for compliance or
to see how this would be resolved. The City has been asked to appear in court on this
eight (8)times. It has been reset each time.
PERMITS/INSPECTIONS/CODE ENFORCEMENT • ENGINEERING/CAPITAL PROJECTS • PLANNING &ZONING
(281) 996-3201 (281) 996-3203 (281) 9-45-3290
ADMINISTRATION
(281) 996-3291
NDSWppO
elfq o 'Uncenduvood
COMMUNITY DEVELOPMENT DIVISION
910 South Friendswood Drive
FRIENDSWOOD, TEXAS 77546-4856
TEXAS
After waiting for over two years after the fence was built and out of compliance the
homeowner went to Planning and Zoning to try and have the Ordinance changed. The
Planning and Zoning Committee does not see the need in changing the Ordinance at this
time.
Attached is a copy of the survey that was taken before the house was built and it shows a
barb wire fence. We do not have a survey of the house and lot after it was constructed.
Also attached is a copy of the Ordinance that states you need more than 2 acres to
construct a fenced in the front yard.
Recommendations
In order to be consistent with our current Zoning Ordinances, staff recommends the
denial of the request for a variance because of the requirements of the Ordinance in
Appendix C Section 8 B. Fences, walls, and hedges.
PERMITS/INSPECTIONS/CODE ENFORCEMENT • ENGINEERING/CAPITAL PROJECTS • PLANNING&ZONING
(281)996-3201 (281)996-3203 (281)99623290
ADMINISTRATION
(281)996-3291
_ 6
Now
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Code Enforcement Investigation Worksheet
-15- do I-)
�J br�SP-
Today's Date Officer Case#
6• Property Owner/Tenant '7 & r/
Existing Address of Violation(or)Legal Description:
• Name of Complainant-
Address/Phone:
Complaint: k f U fn
�a+rI�mol 't ZQ4 . kk.Ij
6 .� n�,.c l p.l-.P pa,—D r• �
Investigation Type:
❑ Drive-by ❑ Complaint ❑ Follow-up ❑ Annual ❑ Other
Code Violations found: ��`` p,
El High Grass&Weeds El Public Nuisance V
❑Junk Vehicles ❑ No Certificate of Occupancy
❑Trash&Debris ❑ Working without a Plumbing License
❑Working without a Building Permit ❑ Non-maintenance of Swimming Pool
❑Working without an Electrical License ❑ Other
• Violations Observed at Code Enforcement Inspection:
Action Taken:
❑ Notice of violation / ❑ Verbal Warning /
(date issued) (correction deadline date) (date issued) (correction deadline date)
❑ Certified Letter / ❑ Citation
(date issued) (correction deadline date) (date issued)
Notes:
t O
o 4 _ s-r O
❑ Case information entered into HTE on by
(date entered)
PERSONS UNDER THE AGE OF 18 MAY BE REQUIRED BY LAW
TO APPEAR IN COURT WITH A PARENT OR GUARDIAN RESIDENT
MUNICIPAL COURT CITY OF FRIENDSWOOD,TEXAS
CITATION/COMPLAINT POLICE DEPARTMENT No
DRIVER LICENSE/ID
STATE NUMBER/CDL
f VIOLATOR
j LAST NAME FIRST MIDDLE
1
1 RESIDENCE ADDRESS RACE DATE OF BIRTH
1
I CITY AND STATE ZIP CODE SEX HEIGHT EYE COLOR
1
HOME PHONE EMPLOYER/PHONE S.S.#
1
RADAR YES NO ACCIDENT DATE HOUR A.M. WEATHER/SURFACE SCHOOL ZONE
i ❑MOVING Q STATIONARY❑FRONT❑REAR ❑YES ❑NO O P.M. O YES LINO
1 SEARCH Q YES LINO CONSENT O YES ❑NO ARREST MADE ❑YES ❑NO CONTRABAND ❑YES ONO TYPE OF CONTRABAND
i
YOU ARE HEREBY CHARGED WITH THE VIOLATION(S)CIRCLED A. SPEEDING-MPH-ZONE. B. FAIL TO CONTROL SPEED
C. NO DRIVERS LICENSE F. RAN STOP SIGN I. NO DL ON DEMAND M.CURFEW VIOLATION
! D. EXPIRED DRIVERS LICENSE G. ASSAULT ❑CONTACT Q THREAT J. EXPIRED MVI STICKER N. MINOR IN POSSESSION OF
I E. RAN RED LIGHT H. EXPIRED REGISTRATION K. NO PROOF OF FINANCIAL RESPONSIBILITY O.NO SEAT BELT
1 L. PUBLIC INTOXICATION P. UNSECURED CHILD, AGE
i LOCATION:
1 � '
O. OTHER VIOLATION: - WARNING:
I _ i
ISSUING OFFICER NAME: WITNESS:
I BADGE NUMBER:
A CHILD AND PARENT REQUIRED TO APPEAR BEFORE THE COURT HAVE A CONTINUING OBLIGATION TO PROVIDE THE COURT IN WRITING WITH THE CURRENT ADDRESS AND
RESIDENCE OF THE CHILD.The obligation does not end when the child reaches 17.On or before the seventh day after the date the child or parent changes residence,the child shall notify the court of
the current address in the manner directed by the court.A violation of this subsection may result in arrest and is a Class C misdemeanor.The obligation to provide notice terminates on discharge and
satisfaction of the judgment or final disposition not requiring a finding of guilt.
I VEH.LIC.# ST.
I YOU ARE SCHEDULED TO APPEAR FOR ARRAIGNMENT AT THE MUNICIPAL COURT,1600 WHITAKER DR.,FRIENDSWOOD,TX 77546 ON AT
I I HEREBY ACKNOWLEDGE RECEIPT OF THE ABOVE NOTIFICATION AND PROMISE TO APPEAR IN COURT AT THE TIME AND PLACE ABOVE.FAILURE TO APPEAR FOR THE VEH.YR. MAKE
1 PROSECUTION OF THE OFFENSE OR IF THE PERSON FAILS TO PAY OR SATISFY A JUDGMENT ORDERING THE PAYMENT OF A FINE AND COST IN THE MANNER ORDERED BY
! THE COURT,THE PERSON MAY BE DENIED RENEWAL OF THE PERSON'S DRIVERS LICENSE.
i THIS IS NOT A PLEA OF GUILTY. I PROMISE TO APPEAR AT THE MUNICIPAL COURT AS ORDERED ABOVE. I UNDERSTAND THAT MY FAILURE TO DO MODEL COLOR
jSO CONSTITUTES A SEPARATE OFFENSE OF FAILURE TO APPEAR.
I SIGNATURE OF PARTY CHARGED
1
§ 8 FRIENDSWOOD CITY CODE
B. Fences, walls, and hedges. Except as provided below, fences, walls, and hedges are
permitted in or along the edge of any required yard.However,no fence,wall,or hedge shall be
construction on any exterior side yard so as to constitute a hazardous visual obstruction to
traffic in any direction, and same must conform to subsection A. of this section.Additionally,
fences,walls, and hedges may only be constructed in front yards on lots adjacent to FM 528,
FM 2351,and FM 518 north of FM 2351 and south of FM 528,or on lots greater than two acres,
provided that no hazardous visual obstruction is created.Additionally,fences must be installed
with the finished side facing outward.
C. Accessory buildings. Except as specifically permitted by this ordinance, no accessory
building shall be erected in any required yard, and no separate accessory building shall be
erected within five feet of any other buildings.
D. Erection of more than one principal structure on a lot. In any district, more than one
structure housing a permitted or permissible principal use may be erected on a single lot,
provided that yard, street frontage, and other requirements of this ordinance shall be met for
each structure as though it were on an individual lot.
E. Structures to have access. Every building hereafter erected shall be on a lot adjacent to
a public street,an approved private street,or provide written documentation for shared access
agreements, and all structures shall be so located on lots as to provide safe and convenient
access for servicing, fire protection, shared parking and/or off-street parking.
F. Off-street parking and loading regulations.
1. Purpose. It is the intent of this section to assure [ensure] that adequate off-street
parking is provided with the construction, alteration, remodeling or change of use of
any building or change of use of land. Specific guidelines regarding recommended
off-street parking spaces and parking lot geometrics shall comply with the require-
ments of the current design criteria.
a. Approval by the Commission shall be required of parking area layouts and design
of all off-street parking, including shared parking areas,with the recommenda-
tion of by the city engineer.The city engineer shall render to the Commission his
recommendation regarding the usability of the proposed parking spaces,and the
adequacy of vehicular circulation patterns.
b. Bonus for landscaping of off-street parking facilities. The minimum off-street
parking requirements shall be reduced up to a maximum of 50 percent of the
requirement where an equal percent of the total parking area has been retained
and developed as landscaped open space area.The percent of the landscaped open
space area shall determine the maximum percent reduction which will be
permitted in the total number of off-street parking spaces.
C. Downtown District parking.To promote pedestrian friendly environments,shared
parking and shared parking access is encouraged. Head-in parking may be
allowed in the DD with the approval of the Commission,upon recommendation of
the city engineer,in areas at least 400'from FM 518 and/or FM 2351.No on-street
Supp.No.3 CDC:38
G'J•OV 71
0 .
9
is
Pr6pared by the State Bar of Texas for use by lawyers only. Reviewed
1-1-76. Revised to include grantee's address (art. 6626, RCS) 1-1-82.
WARRANTY DEED WITH VENDOR'S LIEN
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF GALVESTON
That ROBERT E . LAGUARTA AND WIFE LYNDA M. LAGUARTA
of the County of GALVESTON and State of TEXAS for and in
consideration of the sum of TEN DOLLARS ($10 . 00)
DOLLARS
and other valuable consideration to the undersigned paid. by the grantee herein named, the receipt of which
is hereby acknowledged, and the further consideration of one certain p r o m i s s o r y note of
even date herewith in the amount of $23 ,500 . 00 .
the payment of which note is secured by the vendor's lien herein retained, and is additionally secured by a deed
of trust of even date herewith to JOHN V. 0 ' SULLIVAN , Trustee,
1527 S . Richey #7 , Pasadena , Texas 77052
have GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SELL AND CONVEY unto
JEDD RAYNARD GULLEDGE
of the County of HARRIS and State of TEXAS , all of the following described real
property in GALVESTON County, Texas, to-wit:
Lot Sixteen (16) , Friendswood Forest , a Subdivision in Galveston County ,
Texas according to the map or plat thereof , recorded in Volume 254-A,
Page 79 in the County Clerk of Galveston County , Texas .
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 , his heirs and assigns
forever; and they do hereby bind their heirs, executors and administrators to
WARRANT AND FOREVER DEFEND all and singular the said premises unto the said grantee his
heirs and assigns, against every person whomsoever lawfully claiming or to claim the same or any part
thereof.
But it is expressly agreed that the VENDOR'S LIEN, as well as the Superior Title in and to the above
described premises, is retained against the above described property, premises and improvements until the above
described note and all interest thereon are fully paid according to the face, tenor, effect and reading thereof,
when this Deed shall become absolute.
EXECUTED this s r day of SRN LiR-. ,A. D. 9
-------- L ------------------------
ROBERT E . LAGU TA
.� C .... . .................
A M. LAGUAR!�
Mai-ng Rddress of each grantee.:
'Same: JEDD RAYNARD GULLEDGE Name: ROBERT E. and LYNDA M. LAQUARTA
Address: 5503 CAVERSHAM Address: 1207 THOMAS
FRIENDSWOOD TEXAS 7754
6
Houston, Texas '
(Acknowledgment)
STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on the —1/•S I- day of 19
by ROBERT E. LAQUARTA AND LYNDA M. LAGUARTA
w..w�nnn r
d PY pLe*,
KAYE WOERZ 0_ = .... .
Public, S of Texas
Public in and;or Slzte cf Texas Notary
t`1 Y fF t PAy Cennnu ion Exai es ALy 2v.1.�� Notary's name(printed):
�"iF�•�;rr Notary's commission expires:
~ (Acknowledgment)
STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on the day of 19 ,
by
-•.........................•-----........._......_.......--_........__.......-------•--....._....._......_
Notary Public, State of Texas
Notary's name(printed):
Notary's commission expires:
(Acknowledgment)
STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on the day of 19
by
......••-•........................................•--•---...-•----------....__........_._..._....__.......
Notary Public,State of Texas
Notary's name(printed):
Notary's commission expires:
(Corporate Acknowledgment)
STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on the day of 19
by
of
a corporation, on behalf of said corporation.
•.................•---•-•------...-•-•-----•--......__.....------------..........__...............--......
Notary Public,State of Texas
Notary's name(printed):
Notary's commission expires:
AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF:
JEDD RAYNARD GULLEDGE JOHN V. O'SULLIVAN,
5 ATTORNEY at LAW
503 CAVERSHAM
Houston, Texas 1527 S . Richey �17
Pasadena, Texas 77502
' ! 1
NOTICE OF MEETING
State of Texas )(
City of Friendswood )(
Counties of Galveston/Harris )(
August 25,2009 )(
Notice is hereby given of a Regular Meeting of the Friendswood Zoning Board of Adjustment to be
held on Tuesday, August 25, 2009 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-REGULAR MEETING
1. Call to order
2. HEARING
The Board will conduct a hearing regarding the following:
A. Seeking an appeal from a determination by the Building Official regarding construction
of a fence beyond the front building line OR a variance for a fence to be built beyond the
front building line at 700 N. Clear Creek Drive, Lot 16 of the Friendswood Forest
Subdivision in Galveston County, Texas, from the requirements of Appendix C, Section
8 B. Fences,walls, and hedges, of the Friendswood City Code.
3. Consideration and possible action regarding adoption of order relating to the request
described in Agenda Item 2-A above,regarding 700 N. Clear Creek.
4. Consideration and possible action regarding approval of minutes for December 16, 2008 meeting.
5. 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.
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 20th day of August 2009 at
Deloris McKenzie,TRMC
City Secretary
JDavid O'Brien, III
103 Garden Road
Friendswood, TX 77546
Ronald Dyer
1409 Falling Leaf
Friendswood,TX 77546
Greg Hughes
217-B East Parkwood
Friendswood, TX 77546
Steve Knis
204 Victoria Way
Friendswood, TX 77546
Delvin Kendrick
1105 Briar Creek Dr.
Friendswood, TX 77546
Linda Thornton
200 Stonehenge Ln
Friendswood, TX 77546
Glen Grayban
1527 Garden Lakes
Friendswood, TX 77546
Carol A. Thelen
2108 Pine Dr.
Friendswood,TX 77546
)Mike Czarowitz
201-C Skyview
Friendswood, TX 77546
Bobby Gervais
Olson& Olson
2727 Allen Parkway, Suite 600
Houston,TX 77019
a
Mayor
DAVID J.H.SMITH
+� City of Friendswood Coundmembers
MICHAELE.BARKER
910 South Friendswood Drive JIM BARB
JIM HILL
Friendswood,Texas 77546-4856 LESLIE REID
(281)996-3270 BILL HOLBERT
Fax: (281)482-1634 ANDY RIVERA
Interim City Manager
ROOER ROECKER
City Secretary
DELORIS McKENZIE,TRMC
August 11,2009
To: Zoning Board of Adjustment Members
From: Melinda Welsh
Deputy City Secretary/Staff Liaison
Subject: Zoning Board of Adjustment Meeting
There will be a regular Zoning Board of Adjustment meeting this month. It is scheduled for
Tuesday, August 25, 2009, at 7:00 PM, City Hall Council Chambers, 910 S. Friendswood Drive,
Friendswood,Texas,for the following:
1. Seeking a variance for a fence to be built beyond the front building line at 700 N.
Clear Creek Drive, Lot 16, of the Friendswood Forest Subdivision in Galveston
County, Texas, from the requirements of Appendix C Section 8 B. Fences, walls,
and hedges,of the Friendswood City Code.
2. Seeking an appeal from a determination by the Building Official regarding
construction of a fence beyond the front building line at 700 N. Clear Creels
Drive, Lot 16, of the Friendswood Forest Subdivision in Galveston County,
Texas.
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,
cQ. (-A�`Qqv
Melinda Welsh
Deputy City Secretary
cc: Deloris McKenzie, City Secretary
Bobby Gervais, City Attorney
Frank Manigold,Deputy Director Inspections/Code Enforcement/Planning&Zoning
J1. 20. 2009 4: 03PM Gregg & Gregg No. 0084 P. 1/1
�21,,?
Gregg 16055 Space Center BNd.
Suite 150 KUM
Houston,Texas 17062 �� CM� �D
281.480.1211 tel_ 'O� O
`� m �`.
Attorneys a&Grggg...C.
281.480.1210 fax 0
Monday, July 20, 2009
Frank Mangold C F M
Deputy Director
Community Development
Planning and Building Regulations
City of Friendswood VIA FAX 281 996 3260
RE: City of Friendswood Board of Adjustments
Hearing on July 28, 2009. Gulledge
Dear Mr, Manigold:
This will confirm that I spoke with you today and asked that the hearing on the 281h of
this month be reset to the 251h of August, 2009 to accommodate a scheduling conflict of
mine with a city council meeting in another city where I am City Attorney on the same
night, You spoke with the City Secretary's office and they said that would be acceptable
if I put my request in writing. This is that written request. Please confirm receipt and
rescheduling. Thank you for the courtesy of working with me on this and we shall be
present on 25 August, 2009 at 7pm.
Sinc
D ck regg
Attorney for Mr. and Ms Gulledge
CO. Mr and Ms Gulledge
Mayor
DAVID J.H.SMITH
City of Friendswood
Councilmembers
MICHAEL E.BARKER
910 South Friendswood Drive JIM ARR
JIM L
Friendswood, Texas 77546-4856 LESLIE REID\ BILL HOLBERT
(281) 996-3270 ANDY RIVERA
\ Fax: (281)482-1634
Interim City Manager
Ott ea,�
ROGER ROECKER
City Secretary
DELORIS McKENZIE,TRMC
July 17, 2009
To: Zoning Board of Adjustment Members
From: Melinda Welsh
Deputy City Secretary/Staff Liaison
Subject: Zoning Board of Adjustment Meeting
There will be a regular Zoning Board of Adjustment meeting this month. It is scheduled for
Tuesday, July 28, 2009, at 7:00 PM, City Hall Council Chambers, 910 S. Friendswood Drive,
Friendswood,Texas, for the following:
1. Seeking a variance for a fence to be built beyond the front building line at 700 N.
Clear Creek Drive, Lot 16, of the Friendswood Forest Subdivision in Galveston
County, Texas, from the requirements of Appendix C Section 8 B. Fences, walls,
and hedges, of the Friendswood City Code.
2. Seeking an appeal from a determination by the Building Official regarding
construction of a fence beyond the front building line at 700 N. Clear Creek
Drive, Lot 16, of the Friendswood Forest Subdivision in Galveston County,
Texas.
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,
Melinda Welsh
Deputy City Secretary
cc: Deloris McKenzie, City Secretary
Bobby Gervais, City Attorney
Frank Manigold,Deputy Director Inspections/Code Enforcement/Planning&Zoning
NAME ADDRESS ADDRESS2 CITY SITUS
FUJII, MAVIS D 2 WATERFORD OAKS LN KEMAH, TX 77565 617 PENNY LN
CITY-FRIENDSWOOD BUYOUT HMGP BUYOUT PROGRAM 910 S FRIENDSWOOD DR FRIENDSWOOD, TX 77546 702 N CLEAR CREEK DR
GULLEDGE, JEDD R 700 N CLEAR CREEK DR FRIENDSWOOD, TX 77546-5110
GATTEN, KENNETH R&GLENDA M 704 N CLEAR CREEK DR FRIENDSWOOD, TX 77546-5110
DRESCHER, FRED R 608 N CLEAR CREEK DR FRIENDSWOOD,TX 77546-5108
KIRSNER LIVING TRUST 606 N CLEAR CREEK DR FRIENDSWOOD, TX 77546-5108
CITY-FRIENDSWOOD BUYOUT HMGP BUYOUT PROGRAM 910 S FRIENDSWOOD DR FRIENDSWOOD, TX 77546 607 N CLEAR CREEK DR
CITY-FRIENDSWOOD BUYOUT HMGP BUYOUT PROGRAM 910 S FRIENDSWOOD DR FRIENDSWOOD, TX 77546 1608 S CLEAR CREEK DR
SMALL, ALLEN 1605 N CLEAR CREEK DR FRIENDSWOOD, TX 77546-5107
7/15/2009 700_N_Clear_Creek
Mayor
DAVIDJ.H.SMITH
City of Friendswood Councilmembers
MICHAEL E.BARKER
$ 910 South Friendswood Drive JIM Hsi
r Friendswood, Texas 77546-4856 LESLIE REID
(281) 996-3270 BILL HOLBERT
Fax: (281)482-1634 AxDYR>vERA
XA Interim City Manager
ROGER ROECKER
City Secretary
DELORIS McKENZIE,TRMC
July 17, 2009
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 and a request for an appeal that may be of interest to you.
PROPERTY OWNER: Jedd and Ann Gulledge
LOCATION OF
PROPERTY: 700 N. Clear Creek Drive, Galveston County, Texas
REQUESTED VARIANCE/APPEAL: Seeking a variance for a fence to be built beyond the front
building line at 700 N. Clear Creek Drive, Lot 16, of the
Friendswood Forest Subdivision in Galveston County,
Texas, from the requirements of Appendix C Section 8 B.
Fences, walls, and hedges, of the Friendswood City Code.
Seeking an appeal from a determination by the Building
Official regarding construction of a fence beyond the
front building line at 700 N. Clear Creek Drive, Lot 16,
of the Friendswood Forest Subdivision in Galveston
County, Texas.
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 28, 2009
TIME: 7:00 PM
Deloris McKenzie,TF&C
City Secretary
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Disclaimer.The City of Fnendswood makes no representation or warranty as to the accuracy of this map and ds information nor to its fitness for use. Any user of this map product accepts the same AS IS.
WITH ALL FAULTS,and assumes all responsibility for the use thereof,and further agrees to not hold the City of Friendswood liable from any damage,loss,or liability arising from any use of the map product
Independent verification of all information contained on this map should be obtained by the end user
Agghk City of Friendswood
VqM 910SouthFnendsas7Drive Friendswood GIS Mapping
Friendswood, Texas 77546
X (281)996-3200
www.ci.fdendswood.bt.us 1 "equals515'
Prepared by the State Bar of Texas for use by lawyers only. Reviewed
1-1-76. Revised to include grantee's address (art. 6626, RCS) 1-1-82.
WARRANTY DEED WITH VENDOR'S LIEN
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF GALVESTON
That ROBERT E . LAGUARTA AND WIFE LYNDA M. LAGUARTA
of the County of GALVESTON and State of TEXAS for and in
consideration of the sum of
TEN DOLLARS ($10 . 00)
DOLLARS
and other valuable consideration to the undersigned paid by the grantee herein named, the receipt of which
is hereby acknowledged, and the further consideration of one certain promissory note of
even date herewith in the amount of $23 ,500 . 00 .
the payment of which note is secured by the vendor's lien herein retained, and is additionally secured by,a deed
Trustee,
1527 S . Richey #�
of trust of even date herewith to JOHN V . 0 ' SULLIVE�NPasadena , Texas 77052
,
have GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SELL AND CONVEY unto
JEDD RAYNARD GULLEDGE
of the County of HARRIS and State of TEXAS all of the following described real
property in GALVESTON County, Texas, to-wit:
Forest , a Subdivision in Galveston County ,
Lot Sixteen (16) , Friendswood hereof , recorded in Volume 254-A,
or plat t ,
Texas according to the map Page 79 in the County Clerk of Galveston County , Texas .
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 , his heirs and assigns
forever; and they do hereby bind their heirs, executors and administrators to
WARRANT AND FOREVER DEFEND all and singular i:he said premises unto the said grantee his
heirs and assigns, against every person whomsoever lawfully claiming or to claim the same or any part
thereof.
But it is expressly agreed that the VENDOR'S LIEN, as well as the Superior Title in and to thf above
described premises, is retained against the above described property, premises and improvements until the above
described note and all interest thereon are fully paid according to the face, tenor, effect and reading thereof,
when this Deed shall become absolute.
EXECUTED this •2 5 7— day of Jnt4 U l� ,A. D. 9
R./OBBERT E . LAGU TA
...S�l 7------------------- ............
A M. LAGUARTA
Mai.mg address of each grantee:
-Name: JEDD RAYNARD GULLEDGE Name: ROBERT E. and LYNDA M. LAQUARTA
Address: 5503 CAVERSHAM Address: 1207 THOMAS
Houston, Texas FRIENDSWOOD , TEXAS 77546
(Acknowledgment)
STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on the j/S r day of 1974
by ROBERT E. LAQUARTA AND LYNDA M. LAGUARTA V
KAYE WOERZ
^t Notary Public, State of Tex s
( Z—i � - t•1,�1>ry Puhl�c n�xna LY:SIz?e cd Texas
PAy Cumimswn Lxares A1_)'28.1325 Notary's name(printed):
Notary's commission expires:
(Acknowledgment)
STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on the day of 19 ,
by
..................................................................................................
.-
Notary Public, State of Texas
Notary's name(printed):
Notary's commission expires:
(Acknowledgment)
STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on the day of 19
by
--------------------------------••--•------•--•--............--•------•--......---...................--•-
Notary Public, State of Texas
Notary's name(printed):
Notary's commission expires:
(Corporate Acknowledgment)
STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on the day of 19 ,
by
of
a corporation, on behalf o� said corporation.
Notary Public, State of Texas
Notary's name(printed):
Notary's commission expires:
AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF:
JEDD RAYNARD GULLEDGE JOHN V. O'SULLIVAN,
5503 CAVERSHAM ATTORNEY at LAW
Houston, Texas 1527 S . Richey #7
Pasadena, Texas 77502