HomeMy WebLinkAboutZBOA Minutes 2016-04-26 RegularI
ZONING BOARD OF ADJUSTMENT
MINUTES OF A
REGULAR MEETING HELD
TUESDAY, APRIL 26, 2016 AT 7:00 PM
CITY HALL COUNCIL CHAMBERS
910 S. FRIENDSWOOD DRIVE
FRIENDSWOOD, TEXAS
1.The meeting was called to order at 7:05 pm with the following people in attendance:
Vice Chairman Ron Dyer
Regular Member Delvin Kendrick
Alternate Member David O'Brien, III
City Attorney Arnold Polanco
Brian Rouane, Building Official
Regular Member Steve Knis
Alternate Member Glen Grayban
Frank Manigold, Deputy Director CDD
Board Secretary/City Planner Aubrey Harbin
City Council Liaison, Jim Hill
Alternate members present: Glenn Mintz, Mike Czarowit z
Absent: Chahman Greg Hughes, Alternate Member Linda Thornton
Vice Chairman Ron Dyer 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 to Galveston County. Vice Chahman Dyer
administered an oath to everyone who would be speaking during the meeting.
2.The Board conducted a public hearing to consider a request to allow a fence to encroach
the front building line on a lot less than two acres in size on the property located at 806
Cowards Creek Dr., Tract 4-A of Central Park Subdivision, a 1.242 acre tract of land out of
Lots 1 and 3 in Block Bin Central Park Subdivision out of the Sarah McKissick or J.R.
Williams League, according to the plat of Central Park Subdivision of Record in Volume
105, Page 151, in the Office of the County Clerk of Galveston County, Texas:
A.Staff Presentation
Brian Rouane, Building Official, explained that on the subject property, a permit was issued
for construction of a new home. During construction, an inspector noted fence posts being
installed in the front yard and notified the pe1mit holder that a fence was not-permitted in the
front yard on a lot less than two acres in size. A separate plan was submitted and denied
because it did not meet the requirements of the Zoning Ordinance regarding fences.
B.Applicant Presentation
Julie Keith, owner, submitted pictures to the board. She also read her letter that was
previously provided to the Board as part of their back-up materials.
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C.Public Comments
Norman Klausen, resident, provided a definition of fence from Webster's Dictionary and
stated that since the fence on the property did not include gates, it is an architectural
enhancement and does not meet the definition of a fence.
Adam Hill, Sterling Builders/permit holder, stated that he appreciates this process to discuss
the fence issue and that this is a gray area. He stated that the structure is not a fence.
Deborah Olmstead, resident, stated that she does not feel the fence is appropriate. She stated
that,ke neighborhood needs to consider types of fences to be allowed and create cohesiveness
in the neighborhood. She stated that there are three fences near her property -one is brick,
one is bright plastic and they not unite. She stated that the fence does not look like the
Quaker style and does not think it brings up the value of the property.
The public hearing closed at 7 :24�m.
D.Consideration of Evidence by Board
There was much discussion about why other properties did or did not have fences. There
was discussion about how the size of some lots is misleading because they may be deeper
and include more acreage, rather than being wider at the street.
Vice Chairman Ron Dyer asked if work was started without a permit. Frank Manigold
explained that with a permit for a new single family home, fencing the backyard is included
as part of the permit and a separate permit is not required but there are restrictions on where
you can build a fence.
Adam Hill stated that fences are not required to be shown on the site plan for a new home
and that the inspectors noticed the fence being constructed in the front yard.
Glen Grayban asked if this was going to hold up occupancy of the new home.
Manigold stated typically it would not as it is not a life safety issue. He stated that Mrs.
Keith wanted to get this straightened out before they moved into the house.
Kenrick inquired as to where the minimum requirement of two acres came from ... staff had
no answer as the ordinance has been in effect for many years.
1)A variance from Appendix C -Zoning Ordinance, Section 8.B.
Motion to approve: Kendrick
Second: O'Brien
Vote: 1-4 ���ted for)Motion Failed
City Attorney Arnold PoYa�co reviewed the criteria for approving a special exception from
the Zoning Ordinance.
2)A special exception to Appendix C -Zoning Ordinance, Section 8.B.
Motion to approve: Knis
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Second: Kendrick
Vote: 0-5 (unanimous) Motion Failed
City Attorney Arnold Polanco reviewed the criteria for approving an appeal from the Zoning
Ordinance.
3)An appeal to Appendix C -Zoning Ordinance, Section 8.B.
Motion to approve appeal: Kendrick
Second: Grayban
Vote: 0-5 (unanimous) Motion Failed
Vice Chairman Dyer reminded the applicant that they have 10 days to file an appeal from any
of the above decisions to the Galveston County District Court.
3.Consideration and possible action regarding approval of minutes for the:
A.November 17, 2015 regula1· meeting
Motion to approve: Knis
Second: Kendrick
Vote: 5-0 (unanimous) Motion Approved
4.Comments from Board Members
None
5.Staff and/or Council or Board Liaison Reports
Councilman Jim Hill thanked the board for their service.
6.The meeting was adjourned at 7:59pm.
Respectfully submitted by: Approved by:
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