HomeMy WebLinkAboutZBOA Minutes 2018-11-27 RegularZONING BOARD OF ADJUSTMENT
MINUTES OF A
REGULAR MEETING HELD
TUESDAY, NOVEMBER 27, 2018 AT 7:00 PM
CITY HALL COUNCIL CHAMBERS
910 S. FRIENDSWOOD DRIVE
FRIENDSWOOD, TEXAS
1. The meeting was called to order at 7:00 pm with the following people in attendance:
Chairman Greg Hughes Regular Member Glenn Mintz
Regular Member David O'Brien Alternate Member Jason Byers
Alternate Member Michael Fernandez City Attorney Mary K. Fischer
Brian Rouane, Building Official Becky Summers, Development Coordinator
Aubrey Harbin, Director of CDD/Planner
Alternate members present: Linda Thornton
Absent: Dyer, Czarowitz, Grayban
Hughes explained the procedure of the meeting and explained that 4 out of 5 votes are
required in order for a request to be approved. He stated that if a request is not granted, the
applicant has 10 days to file an appeal with the court. Hughes administered an oath to
everyone who would be speaking during the meeting.
2. The Board will conduct a public hearing and consider a request for a variance. to allow a
primary, residential structure to encroach the required front yard setback of 35 feet,
within the existing primary footprint as shown on Exhibit B, on the property located at
414 N. Shadowbend, Lot 74, Imperial Estates Section 2, Friendswood, Galveston County,
Texas:
Summers stated the standard city setback is 25 feet and the subject property had an increased
front yard setback of 35 feet per the subdivision plat. She explained the property is very
skinny and the setback was platted along the front and exterior side property line. Summers
said staff discussed with the property owner moving the structure further back on the
property but they would be unable to due to the flood zone and the city flood ordinance.
Summers explained the home was flooded during Hurricane Harvey and the owner is
wanting to demolish the home and rebuild in the same place. She said the cutrent home is
considered a non -conforming structure. Since the home was damaged more than 50%, the
structure loses its "grandfather" status.
Summers said the current structure is bisected by the setback line. She said the structure is
encroaching towards the northeast where the applicant owns the next two lots, and the City
owns the other two lots. The encroachment is moving away from the nearest neighbor. She
said most lots in the subdivision range from 100 to 150 wide where the applicant's lot is
roughly 30 feet wide at the street, making it a unique case.
Max Goodgam e/owners aid his home flooded during Harvey and because of the amount of
damage, they cannot repair the home and need to rebuild. He said he wants to construct an
elevated home in the same location. He said the centerline of the road and the centerline of
the right-of-way does not align. He said the city street is located partially on his adjacent lot.
He explained if he built within the setback, it would put him closer to the neighbor.
Goodgame stated he cannot move the house back due to an existing pool and it would put
him further into the floodway.
O'Brien asked the purpose of the right -of --way dead ending. Summers said the street stub out
would have been required to access those additional lots. She said the City discussed
abandoning the right-of-way to the applicant but to replat the lots, it would be expensive for
him and not advantageous.
Hughes asked if the applicant owned the lot next door. Goodgame explained he owned the
two half lots next to his.
Hughes said he thought the request was a no brainer to allow the applicant to rebuild what
was already there. O'Brien expressed concern with allowing a variance that did not specify
an encroachment amount. Summers explained there is an exhibit attached to the variance
order that limits what could be built.
Motion to Approve: Mintz
Second: O'Brien Motion Approved
Vote: 5-0 (unanimous)
3. Consideration and possible action regarding approval of minutes for the:
A. August 28, 2018 regular meeting
Motion to Approve: O'Brien
Second: Mintz
Vote: 4-0 (Hughes abstained) Motion Approved
4. Comments from Board Members
No comments.
5. Staff and/or Council or Board Liaison Reports
Councilman Rockey not present.
6. The meeting was adjourned at 7:24pm.
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