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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 f 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 t 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 qe+igaggqqOqt644►4�qpOgOggRtPA44#'/#YegAtrggqqqq}q40e#4gage #q 44d•Aggiti+IbOggdYdagp044440P#gWggqtqqqq4qqi0ee 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) #e4#eg4gdqqq4444444#4#9gdgOtloYOgq94494#i0gggpqqqyAe�q04qPq+?1Oiga.ORei},t}4##ggpdghqbAq4qA40Ae#44#-0�iodq 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 • 4�tr+ltiougogqeowq,kq#IPgggqq4qadoQt4#tqs4gaogaeaegv4}04#OWgsgyq,yar4eoebq#+►ipq�gaaaawreq.}#el i+f+easmg000�wq}44 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. i Vq s fon- C'J•Op! ti 7,OOo 'yo: NDSWp�O clfq Ot '7hlendswood 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 Around 4:45 p.m. or earlier if the meeting is early Open and unlock Council Chamber doors before meeting Unlock front & back doors with pass key at 6:30 PM. 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 ' � o 4DeorisMcKenzie, AMC City Secretary �j4TF of Ord 2009-04 5 GroupBuildennet Page 1 of 2 GroupBuildernet Home Manage Oroups Web Content Web Pages Users Reports LogOut Your email has been sent to the queue for delivery at 5:41 pm September 17 , 2009 Sent To: Agendas 1807 Total 1807 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 f i Doris McKenzie,TRMC City Secretary O 09 O L� / ,0� hti�� 700 N.Clear Creek Drive ° o IIN ` ti C: wi-o qI° J J Q O�` A �LU GQ' Legend Q2� Parks Schools Parcels h'9y �City ulrnits Counties 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 \ ixl Q � 700 N.Clear Creek Drive O yti nO o'm � c o 'r �q o /Q O2-l• �9�<�gAFN Q��2 O AAR`FFF ��P2GQ .o war F V G QIN Q `Q���P Legend =� Parks Q Schools C� V� Parcels City Limits Counties 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 0 Q a 700 N.Clear Creek Drive Al G om I SG �<VT F 0 •QQ- A Q' .G ,p 41 O40 - �P X113�.��PO�J�\ .�0� G Q Q Z4 � Legend 2� Parks schools �-Qy ��city Limin ` �Counties 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. 1N3WAd:� ar�A ao3 noA �!r�ti . L+;�ii�0i :a�11 E�IL�IL :a�ep aue.�i Q0'�If suatfed Ie�oi ©0`s%1tf pB apual teja1 ... !N3WAdd HSU3 d3 I1e4ap Japual MOTTO CI(Bf slo.!15(1j`Q 33 118U09 93 �liTt9l�i j�1ljueha1 ucildia3saQ L9tL9 :ou ;diaaaa gg EOILVL :aleQ * 1dI333a 8301E13 *** 900M.0 N3Ia3 33 AM t NDSWppO 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� ,yn x - R• - �� F , �,� Y~ f� aK f Iwo ,XF�, Rom - e' r Rii loom r - � •ram '�. � .. - h 11'll'•�. �I _ ' � , , I + ; �.. 46 Ilk Ar i ��'+ . _ 4 + F r- F 0r ` a ,C` i °► �' 4 4"s Ay ti • r �'l `r Y C ,��'M � � ---sue_.- i �` ,� �'�. � " ifs' '�. 1� .. �.� '`b,�� ■ � �' I* '� 1 I �- _ ���' 1 r 'S�,.. 'l', - �-'i ill F. ,.. ' � ti s►. .., «.ai+►1�� ��A.oy � .. •���. ��• li~►" rx .�. n�� � ��I � .��I�fI� y1tir ��.� ," t�e1� ��i�f - i 1. MCr!,:r,�',!�« ti• ���`'.S.s.�.r:`-''��- .�.� .m.al � � Y�''.�t. ii II ' ���4' 1. a ' b I' v4' 'r., ,•�A'✓ 4 �. M i .4A'I 1:11o,� � � •I� l�.I y� r, . •�1 ' I � l .+lf'r'ic�,•�►". d ti � - _ - r �M 45�:�j�' '�1 _�se4 � I �,.y i a k.: a 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 #asaaa¢aoa�¢##a##+�o#¢aa¢¢oaaaaa¢ 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) ######4a#aa#aaaar*nao#*q###aaaaieaan000v#4#a+»¢sx#t¢swa4+P+�1p#apn,e¢aawxpaaa*oavF#�p#W+¢a¢iwo#a#o#a##a#4###at+sao-a 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. i 1N3WAdd HnOA 803 AAA Yi 01 LO TU OT 'Ball 901LOIL .81eP sueal 00'00Tf juamded Te�oi 00'00Tf paaapua; Te4ol 00'00Tf 1N3WAUd HSda as Tle4ap ,. R 1 39Q3TIfl9 Q03f 00'00Tf 00'T 51N3WiSnlruu 30 QHd09 90 ;un0Id A11j enp uoildposaQ ORB :ou ;dlaaaH 00 601LOIL :81eQ * idI333H 83W01SnO *** Q00115QN3I83 30 K1I3 �.1DS DO caq Ot gvendavood 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 All 1. I yFy3�j(, f y 3 � ' 04 ter- JC y� 77 eft A. —ii'M - v• T i e lal' a e +� • L � r • ��yy"�HIRR * i At lk 1.6 1IM is 410 old- A 44 Afwice . •d " V-a ' w 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 L O 2 �N �L 'Vic f t� r O � � �A� 700 N. Clear Creek Drive P� O \�\ V� r 0 O� N 0 rn , l J` /A 'ti'F J��\ OR���FF v'P id 11, GQ j� p° JCO eipt Legend =� L QG� P Ll%//Parks Q Schools Parcels .9y ER City Limits ` Counties 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