Loading...
HomeMy WebLinkAboutZBOA Minutes 2008-12-16 Regular( 1 ! : r ·1 . 1 12/16/2008 ZBOA 044 State of Texas )( City of Friendswood )( Counties of Galveston/Harris )( December 16, 2008 )( 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 Vice Chairman Regular Member Alternate Member Alternate Member Alternate Member Alternate Member City Attorney Building Official Staff Liaison Greg Hughes Steve Knis Ronald Dyer Mike Czarowitz Carol Thelen Glen Grayban Linda Thornton Bobby Gervais Frank Manigold 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 Frien4swood 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 Stansberiy 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 prope1ty, 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 cettificate 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 prope1ty 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 12/16/2008 ZBOA 045 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 l 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. Stansbel'l'y 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. Board member 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 prope1ty. 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 \vork 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. Stansbeny stated builder physically covered the second red tag. Boardmember Dyer asked when Mr. Stansbeny was aware when he was encroaching and Mr. Stansbeny 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. Stansbeny 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. Stansbeny stated they were not privy to any of the e-mails between the City and the builder. Mr. Stansberry stated when first red tag was done was when he realized there [ 1 [ j 12/16/2008 ZBOA 046 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. Chaiiman 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. Stansbeny 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 patticular circumstances, if there is a way to make this happen. Chairman Hughes stated eve1y 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. 12/16/2008 ZBOA A motion was made and approved to adjourn at 8: 18 PM. Attest: -�����Melinda Welsh, Deputy City Secretary ZBOA Staff Liaison Greg� Chairman 047