Loading...
HomeMy WebLinkAboutZBOA Minutes 2014-05-20 Regular[ I ZONING BOARD OF ADJUSTMENT MINUTES OF A REGULAR MEETING HELD TUESDAY, MAY 20, 2014 AT 7:00 PM CITY HALL COUNCIL CHAMBERS 910 S. FRIENDSWOOD DRIVE FRIENDSWOOD, TEXAS 1.Call to order 2. The meeting was called to order at 7:00 pm with the following present: Chairman Ron Dyer Regular Member Delvin Kendrick Regular Member David O'Brien III Building Official Frank Manigold Councilman Jim Hill Vice Chairman Greg Hughes Regular Member Steve Knis City Attorney Steve Weathered Board Secretary Aubrey Harbin Councilman Steve Rockey Alternate Member Linda Thornton was also present; Alternate Members Glen Grayban and Mike Czarowitz were absent. The Board will conduct a public hearing regarding a request seeking the following for the property located at 532 Centerfield Dr. being Lot 4, Block 3 of No1ihfield Estates, Friendswood, Texas, Galveston County: A.A variance request from Appendix C -Zoning Ordinance, Section 7.Q.2. District and Area Height Regulations -Residential Regulation Matrix, to allow an attached patio to encroach the rear 25-foot building setback by approximately 5 feet For: Jennifer Setoudeh, owner, stated that she and her husband hired Affordable Patio Covers to build the patio. She stated that the contractor obtained approval from the HOA and a permit from the City of Friendswood. The plat survey that was submitted with the building permit is a document that was provided to them at closing when they purchased the home. She stated that the plans the contractor provided were scaled and the structure was attached to the house. She explained that the patio cover is 12 feet by 32 feet. Alireza Setoudeh, owner, stated that he and his wife hired a trustwo1ihy contractor to build the patio cover. He explained that the City inspector, upon first inspection, left a red tag when he came to the site stating that the structure was encroaching the 25-foot rear building line. He stated that the structure was attached to the house. He said he was told that a detached structure could be 10 feet off the rear property line. He stated that his paperwork showed work to be done and that the patio cover matched the home. He stated that they stopped word when they received the red tag. Kevin Ma1tin, contractor, explained that the patio will add value to the home. He stated that he can only act on information he is provided and that he obtained approval from the City. He said that he was told no after the structure was built. He stated that he would like to finish the job. Landon Blair, neighbor, stated that he received the notice about the public hearing and the he does not have a problem with the addition. He stated that it is a shame to go through the permit process and then having to stop the project. Oppose: None B.A special exception request from Appendix C-Zoning Ordinance, Section 7.Q.2. District and Area Height Regulations -Residential Regulation Matrix, to allow an attached patio to encroach the rear 25-foot building setback by approximately 5 feet None C.An appeal from the building official's decision to deny the plot plan None 3.Consideration and possible action regarding a request seeking the following for the property located at 532 Centerfield Dr. being Lot 4, Block 3 of Northfield Estates, Friendswood, Texas, Galveston County: A.A variance request from Appendix C -Zoning Ordinance, Section 7.Q.2. District and Area Height Regulations -Residential Regulation Matrix, to allow an attached patio to encroach the rear 25-foot building setback by approximately 5 feet Motion to approve a 5-foot variance for the patio structure: Kendrick Second: O'Brien Vote: 4-1 (Knis opposed) Board Member O'Brien stated that in the pictures, it looks like the structure is finished. Mrs. Setoudeh explained that they still need to install brick and stone around the columns and install the electrical additions. Keith Martin explained that the structure is dried in and structurally complete.2 Chairman Dyer verified that the structure is not exposed to the weather currently and that the slab was existing prior to the patio being built. Chairman Dyer also clarified the timeline with the applicant. The first onsite inspection was April 17, 2014, which is when the red tag was issued. Board Member Knis verified that the structure is encroaching the rear setback by 5 feet. Building Official Frank Manigold confirmed. He also asked if the contractor had built in Friendswood before, to which Mr. Martin said he has built in Friendswood before and feels that he has a good working relationship with the City. He stated that he obtains permits and approvals for his jobs. Vice Chairman Hughes stated that he is concerned about the trees and the homeowner explained that he communicated with his neighbor prior to planting the trees. Building Official Frank Manigold stated that he is accountable for inspectors and plan review processes. He stated that he was not aware of this until after the inspector red tagged the structure. He stated that the house is set back fa1iher since it is on a cul-de-sac lot. He also stated that the plan reviewer did not follow the procedure in approving the plan. Manigold stated that he cannot review all plans himself as the department issued 4,000+ permits over the last year. Vice Chairman Hughes stated that it appears that everyone acted in good faith and that the mistake was caught. B.A special exception request from Appendix C -Zoning Ordinance, Section 7.Q.2. District and Area Height Regulations -Residential Regulation Matrix, to allow an attached patio to encroach the rear 25-foot building setback by approximately 5 feet No action. C.An appeal from the building official's decision to deny the plot plan No action. 4.Consideration and possible action regarding approval of minutes for the: A.March 26, 2013 meeting Motion to approve with corrections: Knis Second: O'Brien Vote: 5-0 (unanimous) 5.The regular meeting adjourned at 7:40pm. 3 SPECIAL MEETING OF THE BUILDING AND STANDARDS COMMISSION 1.The special meeting was called to order at 7:40pm with the same people in attendance. 2.Consideration and possible action regarding adoption of Rules of Procedure for Building and Standards Commission Motion to approve: Knis Second: Hughes Vote: 5-0 (unanimous) Building Official Frank Manigold and City Planner Aubrey Harbin provided the background regarding the adoption of the Substandard Buildings and Structures ordinance in Chapter 14 of the City Code of Ordinances and that the ordinance designated ZBOA to act as the Building and Standards Commission. Staff and the City Attorney explained that Code Enforcement works with prope1ty owners as much as possible and that a case going to the BASC would be a last resort. Board Member Knis asked how substandard structure cases were handled before the adoption of this new ordinance. Harbin explained that the previous ordinance was outdated and not in accordance with state law. 3.The special meeting adjourned at 7:56 pm. Respectfully submitted by: Approved by: tflrn-4r /v Ron Dyer, Chair 4