HomeMy WebLinkAboutZBOA Minutes 2007-08-28 Regular'
08/28/2007 ZBOA
State of Texas
City of Friendswood
Counties of Galveston/Harris
August 28, 2007
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Minutes of a Special Meeting of the Friendswood Zoning Board of Adjustment that was held on
Tuesday, August 28, 2007 at 6:00 PM and a Regular Meeting that was held at 7:00 PM at
Friendswood City Hall Council Chambers, 910 S. Friendswood Drive, Friendswood, Texas, with the
following present constituting a quorum:
Chairman
Vice Chairman
Regular Member
Regular Member
Regular Member
Alternate Member
Alternate Member
Alternate Member
Alternate Member
City Attorney
Building Official
Staff Liaison
Greg Hughes
Steve Knis
David O'Brien, III
Ronald Dyer
Delvin Kendrick
Mike Czarowitz (arr. 6:16 PM)
Linda Thornton
Carol Thelen
Glen Grayban
Mario Dell'Osso (left 6:58 PM)
Frank Manigold
Melinda Welsh
[ : Acting Chairman Greg Hughes called the special meeting to order at 6:04 PM.
6:00 PM -SPECIAL MEETING
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Zoning Board of Adjustment Staff Liaison Melinda Welsh administered the Oath of Office to
reappointed Regular member David O'Brien, III and newly appointed Regular members Ronald Dyer
and Delvin Kendrick and reappointed Alternate member Linda Thornton and newly appointed
alternate members Glen Grayban and Carol Thelen.
Mario Dell'Osso, City Attorney, gave an orientation regarding powers and duties of the Zoning
Board of Adjustment and Appeals, Zoning Board of Adjustment Rules of Procedure, Fire & Life
Safety Code Board of Adjustments and Appeals and Flood Damage Prevention Appeals Board,
discussed duties and responsibilities of the Zoning Board of Adjustment, reminded members not to
talk about cases amongst themselves outside of the open meeting, would be an open meetings
violation, only discuss in open meeting with posted agenda, the Board is an administrative outlet,
quasi-judicial body but no legislative authority, people do not always understand the Board's position
because they think of them as a civic association, Boardmember Dyer asked if you grant a variance
does it change the ordinance, City Attorney answered no and gave examples of different cases of
variances granted and not granted, make sure and say "move to approve" on motions and then the
Board can pass or fail, it takes 4 members to approve a vote, the Board does not have the authority to
table, you have to vote yes or no, applicant can withdraw but cannot reapply with the same exact
scenario, has to have a change, a question and answer session took place between members and City
Attorney, City of Friendswood has no special exceptions, variance is not contrary to public interest,
bad facts make bad law, people always want variances because they think rules are too tight, the
08/28/2007 ZBOA 015
within the ordinance.
Chairman Hughes stated he agrees but is more comfortable voting. The Board should vote provided
that the owner grants permission in writing that way Ms. Menchaca has some certainty and can
contact the sign company and be moving on it.
Boardmember O'Brien made a motion to approve variance to allow Ms. Menchaca to proceed with
the sign while she gets written permission from the property owner to delegate/assign her the
adequate square footage of signage and that must be provided to the Board to bring it into
compliance.
Boardmember O'Brien stated he is not sure the Board needs a variance to do this except to allow Ms.
Menchaca to get started early. Further discussion was held between Board members on how to
proceed with this variance whether to withdraw request, table, approve, reapply, etc.
**Chairman Hughes made a motion to table the variance request for increased sign size for property
located at 400 W. Parkwood Avenue, Suite 104. If Ms. Menchaca gets the building owner to do
what she needs to do then the Board will dismiss it at the next meeting and if she cannot get the
building owner to do this Ms. Menchaca can present Plan B to the Board.
Seconded by Boardmember Kendrick. The motion was approved unanimously.
Chairman Hughes stated the Board will table this request until next month, since it is already known
the Board will have a meeting in September, to see if Ms. Menchaca can take care of this without the
Board's help, informed her to please let Building Official Frank Manigold know and he will tell the
Board at the next meeting whether Ms. Menchaca has withdrawn her application for variance or she
should be at the September meeting to present what happened.
**Boardmember Knis moved to approve the minutes for the March 27, 2007 meeting.
Seconded by Boardmember O'Brien. The motion was approved unanimously.
A motion was made and approved to adjourn at 7:35 PM.
Attest:
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Melinda Welsh, Deputy City Secretary
ZBOA Staff Liaison
Greg�
Chairman