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HomeMy WebLinkAboutZBOA Minutes 2022-03-22 RegularCITY OF FRIENDSWOOD ZONING BOARD OF ADJU STMENT TUESDAY, MARCH 22, 2022 -7:00 PM Minutes MINUTES OF A FRIENDSWOOD REGULAR MEETING HELD AT 910 S. FRIENDSWOOD DRIVE, FRIENDSWOOD, TEXAS, FRIENDSWOOD CITY HALL, COUNCIL CHAMBERS STATE OF TEXAS CITY OF FRIENDSWOOD 1 COUNTIES OF GALVESTON/HARRIS I MARCH 22, 2022 1.Call to Order MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD ZONING BOARD OF ADJUSTMENT THAT WAS HELD ON TUESDAY, MARCH 22, 2022, AT 07:10 PM AT FRIENDSWOOD CITY HALL COUNCIL CHAMBERS, 910 S. FRIENDSWOOD DRIVE, FRIENDSWOOD, TEXAS, WITH THE FOLLOWING PRESENT CONSTITUTING A QUORUM: CHAIRMAN PHILIP RATISSEAU VICE CHAIRMAN GLEN GRAYBAN BOARD MEMBER JASON BYERS BOARD MEMBER GLENN MINTZ BOARD MEMBER MICHAEL FERNANDEZ ALTERNATE MEMBER MEGAN MCKAY ALTERNATE MEMBER LES FRENCH CITY ATTORNEY KAREN HORNER DEPUTY DIRECTOR OF COD/CHIEF BUILDING OFFICIAL BRIAN ROUANE DIRECTOR OF COD/PLANNING AUBREY HARBIN DEVELOPMENT COORDINATOR BECKY BENNETT COUNCIL LIAISON STEVE ROCKEY ALTERNATE MEMBER CLAY SMITH WAS ABSENT FROM THE MEETING. 2.Communications from the Public A.In order to comply with the provisions of the Open Meetings Act, the Board may not deliberate on subjects discussed under this agenda item but may direct such subjects to be placed on a later regular agenda for discussion and/or possible action. No comments. 3.Setback Variance for Property located at 500 North Shadowbend A.Conduct a public hearing to receive comments, both oral and written, regarding a request for a variance to allow the main structure to encroach the 35-foot front and exterior side, platted building lines by 7.2 feet on the property located at 500 North Shadowbend, Imperial Estates Section 2, Lot 105, Abstract 151 Sarah McKissick Survey, Galveston County, Friendswood, Texas 1.Open the Public Hearing 2.Explain the procedures for the hearing The Chairman of the Board will provide a brief summary of the hearing procedures. 3.Administer Oaths The Chairman of the Board will administer oaths to all persons speaking before the Board. 4.Receive Evidence The Board shall receive evidence on behalf of the City and the Applicant. 5.Public Comments The public may speak in favor or against the request. 6.Close the Public Hearing Building Official Rouane explained the city erroneously issued the permit allowing the house to encroach on the front and side platted building lines. He apologized to the board explaining the applicant provided a letter from the homeowner's association approving the variance to the deed restrictions. He said the structure meets the minimum setbacks provided for in the zoning ordinance but not the increased setback imposed by the developer on the recorded plat and deed restrictions. Travis Elam/homeowner stated when he purchased the home, the existing survey showed a 25-foot building line and he was unaware of the increased 35-foot setback per the private restr ictions. He said when the new house was later surveyed, the 35-foot building line was shown correctly. He further explained the previous home encroached the 35-foot setback but complied with the 25-foot setback. He said he used professional services and thought the construction was compliant. Ryan McDaniel /McDaniel Homes said due to the shape of the lot and increased setbacks on the plat, the applicant most likely would have approved the board anyway for a variance. B.Consider approving a variance to allow the main structure to encroach the 35-foot front and exterior side, platted building lines by 7.2 feet on the property located at 500 North Shadowbend, Imperial Estates Section 2, Lot 105, Abstract 151 Sarah McKissick Survey, Galveston County, Friendswood, Texas **Member Glen Grayban moved to approve Consider approving a variance to allow the main structure to encroach the 35-foot front and exterior side, platted building lines by 7.2 feet on the property located at 500 North Shadowbend, Imperial Estates Section 2, Lot 105, Abstract 151 Sarah McKissick Survey, Galveston County, Friendswood, Texas. Seconded by Alternate Member Jason Byers. The motion was approved unanimously. Grayban asked if the property should have been replatted to reduce the building setback. Rouane said the replat process was labor intensive and costly. Ratisseau asked if the property could be replatted now. Bennett explained that had the city not ified the applicant prior to construction that a replat would be required, it may have been less expensive to redesign the home at that point. 1 4. Approval of Minutes A.Consider approving the minutes for the Zoning Board of Adjustment regular meeting held Tuesday, January 25, 2022. **Vice Chairman Michael Fernandez moved to approve Consider approving the minutes for the Zoning Board of Adjustment regular meeting held Tuesday, January 25, 2022. Seconded by Chairman Philip Ratisseau. The motion was approved unanimously. 5.Training A.Receive training regarding procedures and responsibility of the Zoning Board of Adjustment. City Attorney Horner presented a slideshow to refresh the board on the procedures and responsibilities of the board. Following the presentation, Ratisseau said he was told by a previous board member that visiting the site was part of their due diligence. Horner explained that all testimony and evidence should be presented by the applicant during the hearing. She advised the board not to collect evidence themselves ahead of the meeting. Grayban questioned whether the information provided to the board could be out of date. Horner stated the burden of proof falls to the applicant. Grayban said if the board feels they lack information or evidence, the item could be tabled until the applicant can provide more details. Horner agreed and said a special meeting can be called as long as it is posted 72 hours in advance. 6.Reports A.Receive comments from members of staff, board, and/or board liaisons. Notice is hereby given in accordance with Section 551.0415 of the Texas Government Code, the Zoning Board of Adjustment may receive a report about items of community interest from City staff, a member of the Board, and /or a City Council Liaison, but no action or possible action shall be taken or dis cussed concerning the subject of such report, except as provided by Section 551.042 of the Texas Government Code. Bennett announced the Zoning Board of Adjustment is looking for volunteers to fill one to two open positions. Councilman Rockey added the volunteer application is available on the city's website. 7.Adjournment **Member Glen Grayban moved to approve Adjournment. Seconded by Chairman Philip Ratisseau. The motion was approved unanimously.