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Home My WebLink AboutZBOA Decision-Mary Gordon, 206 E. Shadowbend 05/27/2003 „ ZBOA MEETING: 5/27/03 at 7:00 PM FRIENDSWOOD ZONING BOARD OF ADJUSTMENT REQUEST FOR HEARING MO NAME: PHONE: p l �p2Q�Z�• ADDRESS: r woo ?,S LEGAL DESCRIPTION OF PRO RTY: n RECORDED SUBDIVISION PROPERTY IS IN: 06/r.4So�a UNDER WHAT ORDINANCE (NUMB�F,�AND SECTION) IS APPEAL BEING MADE? : � rl ' ��i� ! l5 � i� l L c�! �-./� • �Z SLR JOiF� PRINT NAME OF OWNER: DESIGNATED REP SENT ATIV4DE Q SIG N U OWNER: wwwwwwwwwwwwwwww,rw*wwwwwwwwww*wwwwwwwww*wwwwwwwwwwtwwwwt**ww*ww*wwww,r*wwwwww DATE & TIME RECEIVED:. SEEKING VARIANCE FOR: 42, /,�c�j�,,p,�•� ��? �� S.•/� C TY AP .ROVAL: AT wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww****wwwwwwwwwwwwwwwwwww*wwwwwwwww*wwwwwwwwww ACCEPTING APPLICATION ON BEHALF OF CITY: ROOM- E: DATE: FEE PAID; wwwwwwwwwwwwwwwwwwww,rwwwwwwwwwwwwwwwwwwwwwwwww,r***��w�w,�*wwwwwwwwwwwwwww DISPOSITIO]Vt-C��E �J APPROVED: � 127143 CHAIRMAN: DATE. REFUSED CHAIRMAN: DATE. REASON: s �e9 MAY 2003 �1A[l w �11'� Rm,,,�rvy�/J ' 6/9 8 t ` ' A '0044 21 )gob Regular Meeting Zoning Board of Adjustment May 27,2003 Minutes of the Regular Meeting of the Zoning Board of Adjustment of the City of Friendswood that was held at City Hall on May 27,2003 at 7:00 p.m.with the following members present constituting a quorum: Chairman Ron Decker Vice Chairman Greg Hughes Regular Member Ken Boggs Regular Member David O'Brien,III Regular Member Wayne Ford Alternate Member David Dannemiller Alternate Member Melissa Pride Building Official Randy Mason Z.B.O.A. Secretary Linda Thornton Chairman Decker called the meeting to order at 7:00 p.m. Absent from this meeting: Ron Bazzy Chairman Decker,called the hearing to order to receive public input regarding Imperial Homes,Texas,Ltd. request for a variance for property located at 206 E. Shadowbend, Collins Subdivision, Galveston, Texas, for a side setback approximately 2'. City of Friendswood Code, Section 7.0.2 (7.Q.2. American Heritage Homes,representative David Dudley explained the request. Hardship: 1) Save Trees 2) Time wasted 3) Cost City Building Official Randy Mason explained his interpretation of the request. Ms.Mary Gordon,property owner at 206 E. Shadowbend spoke for the request. Hearing no further input the Public Hearing was closed at 7:21 pm. *Greg Hughes made a motion to approve the variance per the existing site plan that has been submitted to us giving a setback of 18' on the Western most property line and 13.17' setback on the Eastern most property line,for property located at 206 E. Shadowbend,Collins Subdivision, Galveston County,Texas. Seconded by: David O'Brien Motion approved 4— 1 (Ken Boggs opposed) 220 a ✓l Y p; *Greg Hughes made a motion to approve the minutes as read from the January 28,2003 meeting. Seconded by:David O'Brien Motion approved unanimously. Motion was made and approved to adjourn at 7:49 p.m. Ron Decker Chairman Date: Z d� ATTES T: i Linda hornton Assistant City Secretary/ and Staff Liaison t L ' , DATE SCHEDULE FOR ZONING BOARD OF ADJUSTMENT NAME OF APPLICANT: MARY GORDON LOCATION OF PROPERTY: 206 E. SHADOWBEND., C'QTTTN4 S/D-, GArV_ C.TY_ ., TX_ REASON FOR VARIANCE: SIDE SETBACK OF APPROXIMATELY 2' . CITY OF FRIENDSWOOD CODE, SECT. 7.0.2 (7.9.2) REGULATION MATRIX. PUBLIC HEARING DATE: 05/27/03 Application received in City Secretary's Office 05/06/03 Date set for Public Hearing 05/27/03 by Zoning Board of Adjustment Chairman Request tax office to furnish name of property 05/06/03 owners within 200 feet. Notice published in official newspaper 05/14/03 14-10 days prior to hearing) Letters mailed to property owners within 200 feet. 05/15/03 10 days prior to hearing) Public Hearing Held 05/27/03 Decision made by the Zoning Board of Adjustment Applicant notified BOA_SCH/LST03 FEB 2003 CITY OF FRIENDSWOOD ECEIE0 ; APPLICATION FOR CERTIFICATE OF ZONING COMPLIQVC Business Name: Street Address: Legal Description: Use(Please Be Specific): [NOTE: WHEN THE PERMITTED USE IS AN OFFICE USE IN ZONING DISTRICTS CSC 0�11 NC, IT '0 CANNOT EXCEED OR WHEN COMBINED WITH OTHER ALLOWED OFFICE USES CAUSE TO C T ALLOWABLE 7 EXCEED HE A , I CSC, EXCEED THE ALLOWABLE PERCENTAGE OF GROSS BUILDING FLOOR AREA (30% IN CSC, 60% IN NC ❑ Yes❑ No Will this establishment sell, serve or allow on-premise consumption of alcohol? ❑ Yes AJ No Will this establishment be a sexually oriented business or permit nudity or partial nudity as those terms are defined in the City's Codes? Applying For. Sign Permit: 0 YeSEJ No Applying For: Building Permit: Yes E]No Property Owner- Business Address: —5cq.70q Phone Number. o Lessee Signature: Print Name: Home Address: Phone Numbe �'3-- L/C)r. Lx Current Zoning )j/1(-Wr-a-"ermitted Use Number(s): un, 19llvc� Date Issued: Issued By: 206 Shadowbend Townhouses February 3,2003: Went to city to discuss building townhouses on property. Spoke with Randy and Matthew in building department regarding plans. We ASKED if we needed to go before the planning and zoning board.Building Officials said"not necessary". I asked specifically if this would fall under commercial or residential guidelines. 1 was told residential. I was specifically told that all I needed to do was get a"zoning compliance certificate". I SPECIFICALLY asked what the building lines would be.City Officials TOLD ME 10'per side and 25' from front.The building officials also stated that the town homes would be treated as RESIDENTIAL -not commercial... to follow all guidelines and follow the residential package.Actually SHOWED building officials copy of floor plan and layout of proposed townhouses/triplex. Feb 5,2003: Submitted requested for ZONING compliance.Requested 3 -4 units(as property size actually allows 3.5 units.Four units would actually LOOK better than the 3 ). Feb 6,2003:Picked up ZONING COMPLIANCE CERTIFICATE for 3 town homes facing Shadowbend. AGAIN,the location and building lines were discussed at"10' each side and 25' from front"with Matt, Wendy and Diana from the engineering department. We obtained our building permit package and began working FULLTIME on this project.The floor plan and site plan were taken to an engineer to have the plans and blueprints drawn for the CITY. Based on this information from CITY OFFICIALS-we proceeded with a loan for the building of these units.Loan application was made to the bank for this proposed project WITH SITE PLAN as outlined with the building department and the City Officials. To complete Permit Package,we had to have the actual blueprints drawn to City Specifications by an engineer(to this point had been working off "floor plan"outline and building"outline)We also needed Windstorm,foundations and architectural drawings...another several THOUSAND dollars spent for the City specs. Once plans were drawn,we had to obtain bids from plumbers,electricians,and air conditioning companies to submit with the City permit package.WEEKS of work and down payments made to complete these requirements for City.ALL submitted with ORIGINAL site plan as outlined with City Officials...with the three units facing Shadowbend. March 28 2003 closed on construction loan for project. April 3 2003: Permit package submitted to City Building Department. April 17 2003: Inquired of City for status. Permit not ready. April 24 2003: Permit not ready. City apologized and said they were busy...will get right on it. April 24 2003:City advised us that FIREWALL not adequate...had to get back with engineer to redo a 2 hour fire wall(as opposed to a 1 '/z hour wall).More money spent.City advised that we could pick up permit hopefully Monday morning . April 28,2003: City advised that they needed our Association Bylaws before permit could be issued. We argued that we had asked that prior to submitting the package and were told that they would not be needed until completion.We had spoked to lawyer and had him ready but wanted to get construction underway to establish exact"common areas". We were told that they would try to give permit with the understanding that if we did not submit bylaw information within 30 days the City could"red tag"us... We called lawyer and began Association Paperwork....MORE MONEY SPENT. April 30 2003:Permit ready...only to go in and find out that the City Engineering department has determined that ZONING requirements have changed building lines to 25' on each side!!!!! (zoning should have been addressed back in FEBRUARY before we ever spent a dime or began a fulltime payroll on this project!) At this point we have invested approximately$20,000 into this project which was verbally approved and supported EVERY STEP OF THE WAY by the CITY BUILDING DEPARTMENT OFFICIALS. Turning the building"sideways"will cause"unnecessary hardship"to us because we honestly would have NEVER began the project for sideways construction. The City Officials and building department assured us NUMEROUS times that we had 80'of road frontage to build on. Infact,they told us that as long as we were 10' from each side and 25' setback we could build up to 50%of the lot! We are pleading for justice to be done by allowing this building to FACE Shadowbend as ORIGINALLY SUBMITTED!! The chart and even outlines 10' for interior lot with EXCEPTION to"I"which states "Single Family Residential District"this is NOT even outlined as a"Single Family Residential" District...it only falls in the"default"zone of single family areas as all"other"areas NOT zoned fall into single family... The town homes will be a substantial improvement for the surrounding area structures. However turning them SIDEWAYS would LOOK HORRIBLE and would decrease their value considerably. We had the FRONT of the building bricked and EVEN LEFT TREES standing in front of the proposed building. As Friendswood citizens,we have entrusted the City Building Officials EVERY STEP OF THE WAY. We began working with them FEBRUARY 3`d and assumed we were being told actual facts! We have invested thousands of dollars and hundreds of hours of labor ALL BASED ON VERBAL"FACTS" GIVEN TO US BY THE BUILDING OFFICIALS! WE have been residents of Friendswood for over 28 years.We have proudly watched the City grow and prosper and in NO way did we try to do anything but TRUST the CITY OFFICIALS to be giving us accurate information,... We honestly believe that allowing a variance to build this structure facing Shadowbend would in no way affect the health, safety,morale, convenience or general welfare of the citizens of Friendswood. Infact,the opposite is true. If we are forced to turn this structure sideways-the convenience of the citizens of these town homes would be affected. Thank you for your support and assistance in this matter.if you have any questions,or if we can be of further assistance please advise. May 4 2003 Friendswood Zoning Board of Adjustment RE: 206 E. Shadowbend Townhomes Please be advised that I am requesting that my builder David Dudley and his legal counsel be considered designated representatives and heard at the zoning board meeting. I also wish to reserve the right to be personally present and heard, if necessary. Tha you for ur assistance in this matter. u� Ma Jr on,Owner Ma Gordon personally appeared and signed this document this 5 day of May 2003. Notary for and in the State of Texas ;'� ' GNL W ILHOM MY COMMISSION EXPIRES =?; September 20,2005 mmr n i' f 1 _ E i 111lt11 - — NON ' 'IIDt :f ��1ruiim� . II!11111l1 �- I" =WON NN ism lili!!I! An 6� I,.: Hill � �IlIIIII �`IIII � ■■ ■■ - r' f MAP OR PLAT RECORIA L'; 1N V. '?,38 F'f-, 14 ('Al--VESTON COUNTY CLERK'S RECORDS'. Declaration is made to original r,urchn.-41-r I;! ";,e -"e-. It i^ o,4 tionsfervNe to additional institutions or subnecltoent ownfll� Valid only if print has orWnal r--1 and q;giiatu— Bearings based on record,-rf r0t�Z. O -rJ Q L01 9 V. 1509 P. 445 S 45*00'00" W 100.00' O HIT "A" DRAINAGI-, 6 z 4) LOT 6 LOT 5 bi yr O C; 0 < (D car f cn .C: -2 a U En 0 Of PROPOSED 81,11LDINC, 0 ai CO U) 0f3.00 7.75' 0 0 13.17 < Cn Z rn 19.04' z-C 0 '4 E C 0 0 d ..11 60,001"a 'j -0 0 0 b f - *. # fr, C (n 2.06 J?. SHADOWDEND AVE. C rn -C SITE PLAN OF A 0.379 ACRE TRACT OUT OF LOT 12, BLOCK 2 FRIENDSWOOD, GALVESTON COUNTY, TEXAS Scale: 1=30' Date: 03/25/03 Revised: Survey By: Drawn By; C.H. For: AMERICAN IMAGE ou,-CAIOEW� Job No. 5272 BILLY L. 4HANKS R.P.L.S. #1821 BILLY L. SHANKS 1414- WAVECREST LN. 281--488-1486 HOUSTON, TEXAS 77062 FAX 281—488--5526 s 1 1p h � I ,r 9 3 -�f . .. .. a^Trtr.• snT.n^ny...,.�....cn•.n.r..•.....,,.»;r.7.^c'1A' nv'p"•arn...,.«_... - 3 -7 R ORDINANCE NO. 7 3 AN ORDINANCE AMENDING CITY OF FRIENDSWOOD ORDINANCE . ) .,.. ° NO. 291 , PASSED AND APPROVED ON NOVEMBER 7 , 1977 Pik AND KNOWN AS THE ZONING ORDINANCE OF THE CHANGING THE ZONING OF A CERTAIN PARCEL OFITY LANDBFROM � �,a R-2 TO R-4 ; CHANGING THE ZONING MAP ACCORDINGLY ; AND PROVIDING FOR OTHER MATTERS RELATING TO THE SUBJECT. WHEREAS, the Friendswood City Council and the Friendswood Planning and Zoning Commission conducted a joint publa on January 15 _c hearing, 1981 , to consider the rezoning of the hereinafter described Parcel of land from R-2 to R-4 ; and WHEREAS , the hearing was duly called as provided by .the laws of the State of Texas and Ordinance No . 291 of the City of Friendswood, and that in such hearing all persons attending were allowed to be heard on the question of whether or not the re- zoning of said property from R-1 to R- - would affect the public health, safety , morale , convenience or general welfare of the citizens of Friendswood , and whether, or riot such rezoning would Violate the rights of any interested persons ; now , therefore , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDS- WOOD, STATE OF TEXAS : Section 1.; City of Friendswood , Texas , Ordinance No. 291 Passed and a ' approved . on November 7 , 1977 , and known as the Zoning Ordinance, is hereby amended by changing the zoning classifica- tion of the following described property .from R-2 to .R-4 : A 100 ' by 165 ' lot located at 206 Shadowbend Street and being more fully described as follows : Part of Lot 12 in Block 2 of Friendswood , a subdivision of Galveston County , Texas , according to the map thereof .recorded in Volume 238 , Page 14 , in the, office of -the County Clerk of Galveston County, Texas , said tract more fully described by metes and bounds in Volume 1037 , Page 545 , as follows : BEGINNING at a point 200 feet northeasterly from the most southerly corner of Lot 12 , Block 2 ; THENCE 165 feet northwesterly for point ; THENCE 100 feet northeasterly for point ; THENCE 165 feet southeasterly for point ; THENCE 100 feet southwester]containing : 379 of an acre more Point for beginning or less . Section 2 . The official zoning be revised to show ma P of the City shall to the above described tract rezoned from R-2 R-4•.� Section 3. , This ordinance shall in no wa supplement or changey reduce , amend, any provision of any ordinance of the City of Friendswood other than to accomplish the tract described in Section 1 fromthe rezoning of R-2 to R-4 , APPROVED on first reading this k- zl_day of APPROVED on second readin z �l biz' 1981 . g this ';..__ PASSED, APPRoVEU — -L' day of �� /' , 1981 . of and ADOPTED on third reading this-z— 1981. day ATTE T: Mayor' Ci fy Secr-�r eta-f:a-ry` / APPROVED AS TO FOVM: City Attorney a ILL .gyp 8� y � � � $ d V�'�"F. �'i" i. ..S•;P l....d. ".^. .. �� . REGULATION MATRIX—RESIDENTIAL DISTRICTS b Circled letters (letters in parentheses) refer to paragraphs in section 7.Q.3 z 0 Yards—Minimum Feet m Sides Exterior(Corner Lot) Backing Backing Height CIp 1)p Maxi- Lot Area Maxi- to an to an na.unz Park.i.ng Mini. Abutting Abutting Feet(6 Require- Zero Lot mum Units 711!(n7 Interior Side Rear and meat Lines Lot Zonin per Square Lot g Rear(a) (c) Yard Yard e) UnitYlN Coverage District Acre Feet (d) Width Front(F) SFR 25 A 20 C 35 2 No 35% �d 25 10 F � Single Family Residential 2.7 11,600 90 A 25 B Z SFR 40 2 No 35% 25 10 25 B 20 C Single Family Residential 2.7 15,600 120 A 25 B n SFR-E No 20% O d 25 Single Family Residential Es- 35 35 40 5 O tat,e n 0.5 87,120 ]5p A 75 25 d MFR-L 20 C 35 2 No 50% O 6 G ,260 G 45 G 25 B 25 10 E,I 25 B Multifamily-Low 7 _ d MFR-M — 25 B 0 10 E, 1 25 B 20 C 35 2 No 50% YJ Multifamily -Medium 9 — MFR-H 35 2 No 50% Multifamily-High 12 — — 25 B 0 10 E,I 25 B 20 C MHR 10 I 30 25 B 20 2-5 No 50% ]0 — — 25 B 2�� 2 No 10% 25 B 25 Mobile Home 101 25 B 20 C 35 A-1 � MFR-GHD 35 2 Yes D 50% 6 6 Garden Home District ,000 60 5 B,H 10 0 D,J 5 B,H 4 C,H A. Lot, le-,- than 120 feet.wide require curbs. Lots 120 feet wide or greater may use open ditches. . ;.. ` awya � �t ` n E. Ten-foot minimum separation between buildings. oF. Lots currently in existence with less than 90 feet of width that have structures already built upon them may continue with the same existing setback for additions provided they are not less than a minimum of five feet. G. Developer must elect either units per acre or lot area.Two-family residential on two lots are required when lot area is elected. H. Front and exterior side yard setbacks shall be measured from the edge of the street ROW or the edge of the drainage utility/access easement (if streets are private) whichever is greater. I. Twenty-five feet when abutting land zoned single-family residential ict. J. Ten feet when abutting land zoned an hin other than MFR-GHR (Garden Home District . � d t7 � w Co CD O z z b d ff