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Home My WebLink AboutZBOA Decisions 01.28.2003 Imperial HomesDATE SCHEDULE FOR ZONING BOARD OF AD.IUST14ENT NAME OF APPLICANT: IMPERIAL HOMES, TEXAS, Ltd. LOCATION OF PROPERTY: 1707 Sandy Lakes,Drive, 1,6tt19,-B1k 1, Sect. 1, Friendswood Lakes S/D, Galveston County, TX REASON FOR VARIANCE: FOR REAR YARD SETBACK ENCROACHMENT REQUIRED SETBACK 251, ACTUAL SETBACK 17.51, REQUESTING A 7.5 SETBACK.` PIIRT,TC HFARTNr DATF. 1/28/2003 Application received in City Secretary's Office 1/07/03 Date set for Public Hearing by Zoning Board of Adjustment Chairman 1/28/03 Request tax office to furnish name of property owners within 200 feet. 1/07/03 Notice published in official newspaper 14-10 days prior to hearing) 1/15/03 Letters mailed to property owners within 200 feet. 10 days prior to hearing) 1/16/03 Public Hearing Held 1/28/03 Decision made by the Zoning Board of Adjustment 99,6AI;r— Applicant notified �S 3�29�03 �°�" ✓ VOTE: Motion David O'Brien to Grant 2nd Ken Boggs Approved 4-1 (David Dannemiller opposed) B0A.SCHAST03 Regular Meeting Zoning Board of Adjustment January 28, 2003 Minutes of the Regular Meeting of the Zoning Board of Adjustment of the City of Friendswood that was held at City Hall on January 28, 2003 at 7:00 p.m. with the following members present constituting a quorum: Vice Chairman Regular Member Regular Member Alternate Member Alternate Member Alternate Member Building Official Z.B.O.A. Secretary Greg Hughes Ken Boggs David O'Brien, III David Dannemiller Ron Bazzy Melissa Pride Randy Mason Linda Thornton Vice Chairman Hughes called the meeting to order at 7:10 p.m. Absent from this meeting: Ron Decker and Wayne Ford (Conflict of Interest) Vice Chairman Hughes appointed David Dannemiller and Melissa Pride as regular voting members for this meeting. Vice Chairman Hughes, called the hearing to order to receive public input regarding Imperial Homes, Texas, Ltd. request for a variance for property located at 1707 Shady Lakes Drive, Lot 19, Block 1, Section 1, Friendswood Lakes Subdivision, Galveston, Texas, for a 7.5' rear setback encroachment instead of the required 25', actual setback is 17.5'. City of Friendswood Code, Appendix C-Zoning, Section 7A and 7.Q.3. Imperial Homes, Texas, Ltd representatives Marc Giarratano and Matt Richards explained the request. Hardship: 1) Waste of time 2) Money/Cost City Building Official Randy Mason explained his interpretation of the request. Hearing no further input the Public Hearing was closed at 7:20 pm. *David O'Brien made a motion to grant the variance for property located at 1707 Shady Lakes Drive, Lot 19, Block 1, Section 1, Friendswood Lakes Subdivision Seconded by: Ken Boggs Motion approved 4 — I (David Dannemiller opposed) 'David Dannemiller made a motion to approve the minutes from the September 24, 2002 meeting. Seconded by: David O'Brien Motion approved unanimously. Motion was made and approved to adjourn at 7:40 p.m. Greg Hughes / Vice Chairmark Date: 0-3 ATTEST: Linda Thornton Assistant City Secretary/ And Staff Liaison ex cc: P.ppliQant ZBOA MEETING 1/28/03 At 7:00 PM CITY COQNCId.' CF13At�ffi`ERS FIUENDSWOOD ZONING BOARD OF ADJUSTMERT REQUEST FOR NEARING NAME:-TYMrER (tll., f4ov s.5 PSppS: 281-GSO - 38p8 ADDRESS, 110i SANDY LAKE] ,DR(vrF LZGAL DESCRIPTION OF PROPERTY:___ L ur (q $Le C,A ( $£G n6to 1 L4+oft-jewo t-/�K6.5 RECORDED SUBUMSION PROPERTY IS IN:_ GAU£Sftl/J coN"Tll C,TY Of FK�EMSVO UNDER NNAT ORDINANCE (NUMBER AND SECTION) IS APPEAL BEING MADW : . _5Ec ;.d4e 9G f 9 . T 1JAI &W .1 lfiµ�..T A4 clr, '—'-Tf@d`WvF?eP�'!'d 'e President *Ime, AoeEsIAnTZ.VGene1r,al Partner SNTE3/0 ONNRR: bATEl .....a........av..................t.....♦.....t... aa...... a a.. • r . . a. a a}..ra ' DATE i TIME RECEIVED,.) SEEKING vpxzaNcs FOR:. -,Aw traaarr r.raa}}tM.ra.a.Ufrtara a.H.MNraa aa.aotrrraaH}»a raa aaa..af..erwa ACCEPTIN APPLlCA ON ON SEHALP OF CITY, DATE, ERE AID, raaav}}.ataaa}asr}rtaaarrar •a.aa}eara.}at}rat�r�� %� arr}a}}}ear DISPOSITION OF CASE: APPROVED: �� J, C Y CHAIRN V C RATS: REFUSED MAINHAN. DATE, VOTE: 4 - 1 (David Dannemiller opposed) 6/98 1 6:6'! ,, Ai0 403 3A31 06::u: '00t 9i•.ieo 1/7/03 Submitted by Randy Mason for.Z..B.O.A. MEETING 1/28/03 MEMORANDUM To: ZBOA From: Randy Mason, Building Official Date: December 26, 2002 Subject: Variance request for 1707 Sandy Lakes, Imperial Homes Imperial Homes is requesting a variance to Sections 7A and 7Q.3 of the Friendswood City Code, which establish the setbacks required for single-family residences. In this case, the required rear setback is 25 feet from the property line... the actual setback as determined by the survey is 17.5 feet. This equals a 7.5 foot encroachment. BACKGROUND The plans submitted to, reviewed and approved by the City are not what was actually constructed. An alteration was made to the master bedroom area, which caused the encroachment. The foundation inspection was conducted by an engineer who certified that the foundation was installed correctly, however the form survey was not submitted at that time as required by the building department. • 3/14/2002 -- Cover inspection was disapproved. The form survey and slab letter from the engineer were requested by the inspector. • 3/19/2002 -- Cover inspection cancelled by inspector... still no form survey. • 3/25/2002 — Cover inspection disapproved by inspector ... still no form survey. • 4/03/2002, 4/04/2002, 4/08/2002, 4/17/2002 — Cover inspection failed ... 18 items had to be corrected. • 4/18/2002 — Cover inspection approved but still no form survey. • 5/10/2002 — Form survey received and denied due to encroachment. Job stopped. Numerous attempts were made to get the necessary information but the contractor was uncooperative. The project was allowed to proceed in good faith until solid proof was obtained that a violation of the setback ordinance existed. RECOMMENDATION Staff recommends that the encroaching portion of the structure be removed so that the building complies with code requirements and the approved plans as submitted to the City of Friendswood. IN1PEF�IAL City of Friendswood 910 S. Friendswood Drive Friendswood, Texas 77546-4856 281-996-3285 Randy Mason Dear Mr. Mason, We would respectfully request a variance on the property in the subdivision of Friendswood Lakes at 1707 Sandy Lakes Drive. This variance is due to a mistake we at Imperial Homes had made in regard to this property and the encroachment into the set back the city of Friendswood requires at the back of the property. We first teamed of the form encroachment as a company when we were sorting out other issues on the property caused by the construction manager on that particular property and had recently, coincidentally terminated his employment with our company due to those other issues. When our plans are released to the field they include a bedroom extension option on the plans, and it appears that the construction manager did not pay attention to the original plot plan. He had the form set with extension that really was just an option and not part of the actual blueprints. Due to this unfortunate incident we will do what is necessary and required by the board in any event. We would like the board to consider an alternative to reengineering the structure and removing the back bedroom extension off the existing structure. Possible beatification fees to the city for this error on our part could be explored as an option to a tear off and rebuild. Thank you for your attention to this matter and we look forward to opportunity to explain this situation in person. Sincerely, ®A Marc Giarratano Imperial Homes Area Sales Manager Imperial Homes 10555 Richmond Ave., Suite 400 Houston Texas 77042 Phone: 713-334-9066 Fax: 713-586-6617 City of Friendswood Building Department 910 S. Friendswood Dr. Friendswood, TX 77546 Dear Sirs: We would respectfully request a variance to the property at 1707 Sandy Lakes, in the subdivision of Friendswood Lakes. Your attention to this matter is most appreciated. Most sincerely, "4 4 J -I Marc Giarratano Imperial Homes Area Manager tort 02?-- SCALE, I' v 20' PLOT PLAN! I I V / e3MIVU I IL/AnLJ PREPARED WITHOUT BENEFIT OF H.L. & P. PLAT PLOT PLAN ONLY THIS IS NOT A BOUNDARY SURVEY. NOTESt 1) PLOT PLAN PREPARED WITHOUT CURRENT TITLE COMMITMENT. 2.) PREPARED WITHOUT THE BENEFIT OF RECORDED PLAT. EASEMENTS AND BUILDING LINES NOT SHOWN HEREON MAY nrcerr m,e mnr se�.��... ESTATE SLM SELECTION FOR94 Nam®: o CSne�y t' e--®aco: 9- a % - o I _ Addmw. Plan is Elevation: CtiP s\e � Sq. FL arm�ar F&n M ma MISM 9.Oetacwd C,mage &ice (seleCF Dula): �Wa9 appltes9ie 3ZW X 21.&d 3 calatde storage (standard dstJ 2" X 23.Wd Impede) garage 33V X 212d 3 cadquarters Comments: 6c o Vk' V)LAa:..a 2.ElevaWn �_ I W(F 3.Indicats approved option�— To requires a change in %p cac Qjb c<N the Slab (eg.master sindvg room. _ 4.gr e4trr�ite in sib et4.0a. Emma raw MEM amm 9slChoiee 2nd ChoIc8__D S.Idor Paint Color nm,mm Monalch S.ShuthvPwfdColof: WMW n RAM RgEgg Monarch Option Addendum, POC or Custom Addendum and cheek copy ett shad henato. Changes to Item 1- 3 of ttds tam are not permitted. Chmtges to )tams 8.6 we sheet to bulder approval, a $250 chango order fee and omen charges. Buyer ecWwwWdps rdi selections we accurately Identtfted as set fad on tide form. Satter shoe not provide any cpOwAvgrsds far which payment by the bukw has rot teen made. Consbucion""— at3h mM6od9fl9 %*Opla) NOTES: 1.) SUBJECT TO RESTRICTIVE COVENANTS BY VOL 10. PG. 1176. G.C.M.R. AND BY G.C.C.T. NOS. 0740730, 0862635. 9900133. 2000—OI7822, 2000-031100, 2001-025951. 2001-027450, 2001-028499. 2001-054800. 2002-002398. 2002-013302. AND 2002-055909. 2.) SUBJECT PROPERTY UES WITHIN THE BOUNDARIES OF CLEAR CREEK DRAINAGE DISTRICT. 3.) —//— DENOTES WOOD FENCE. BUYER'S ACKNOWLEDGMENT IRIS SURVEY 15 NOT FOR FUTRE CONSTRUCTION PURPOSES. ALL 6EARINGS ARE BASED ON ONE RECORDER PUT UNLESS WHER LSE NO1E0. FLOOD ZONE DETERMINED BY ORAPRIC PLOTTING ONLY, WE DO NOT ASSUME RESPONSIBILITY FOR EIACT GEIUIBINATION. THIS SURVEY HAS 9E91.O'REPMM FROM R00R0ATION CONTA01ED IN M TITLE COYYROD9 REFERENCED IN IN OF Nu 211027I31, ONLY. LOT BLOCI SECTION 1 011 TD I 1 ' nNLL RAT Ot tRIENDSIIODD LAA2$ RECORDATION COUNT I STATE SURVEY VOL 10, P0. II70, O.C.Y.R. OALYCSTON TEXAS mom- -_._._momCO. TITLE CO. _. �.._._.N0. TI O.f. TIM SOUTHWESTERN PTU COMPANY I -—Z0027151 OWNER IYPERML HOMES ADDRESS 1707 SANDY LAKE DRIVE N ■ IE 0 SCALE: 1'=30' /OQ\J�c. FLOOD NOTE THIS TRACT 15 LOCATED WITHIN R 00 ZONE '% (BNSHADED) ACCORDING TO THE FEDERAL ERGERCY NANAGEYENI AGENCY (YEW) FUROR INSURANCE RATE YAP (nu) COMMUNIFf PANEL NO.483460 0005 E REVISED SEPTEWOER 22, 1900. /V I dv homy wally Ihal Ihb v. v y uedar m` cupvMdon vao