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HomeMy WebLinkAboutZBOA Minutes 2017-12-19 Regular 1 ZONING BOARD OF ADJUSTMENT 1. Appoint member to preside over the meeting and re-number the rest of agenda items. Motion to appoint O’Brien acting chairman: Kendrick Second: Czarowitz Vote: 5 to 0 Unanimous Motion Passed 2. The meeting was called to order at 7:00 pm with the following people in attendance: Regular Member David O’Brien Regular Member Delvin Kendrick Alternate Member Mike Czarowitz Alternate Member Linda Thornton Alternate Member Glenn Mintz City Attorney Mary K. Fischer Brian Rouane, Building Official Becky Summers, Dev. Coordinator Jim Hill, City Council Liaison Alternate members present: Glen Grayban Absent: Hughes, Dyer O’Brien 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. O’Brien administered an oath to everyone who would be speaking during the meeting. 3. City Attorney Introduction and Overview Mary K. Fischer introduced herself as the new City Attorney on staff. She proposed postponing the Overview until a full Board was present. 4. The Board will conduct a public hearing and consider a request to reduce the required side yard setback from the required 25 feet to 20 feet on the property located at 2210 S. Friendswood Drive, Abstract 9 Pg 13 S Part of Lot 45 (45-2) Slones Unrecorded Subdivision, Friendswood, Galveston County, Texas. MINUTES OF A REGULAR MEETING HELD TUESDAY, DECEMBER 19, 2017 AT 7:00 PM CITY HALL COUNCIL CHAMBERS 910 S. FRIENDSWOOD DRIVE FRIENDSWOOD, TEXAS 2 Building Official Brian Rouane explained the applicant submitted a site plan with a proposed structure that would not meet the required 25-foot setback and therefore staff could not approve the permit application. Brian Baca/architect stated the proposed convenience store would be good for the neighborhood because there are not any other stores nearby. He said the gas station could serve as a location to fill up on gasoline in an emergency. Baca stated the lot was very shallow and with a standard depth building, they needed to build closer to the property line. He said they would construct a concrete block wall to reduce noise and create security. Baca said the project would create revenue and jobs in the City. Marcus Rives/designer spoke against the variance request. He said the site plan does not meet City ordinance and it would be unfair to grant a variance without a hardship. He said there is a 25-foot setback from residential property for a reason. Rives stated the request was not due to a hardship but for convenience. Don Seyfert/rear neighbor stated he was not for or against the variance but was questioning whether he would retain access to his property during construction. He said his property was for sale. Larry Tilger/side neighbor asked about drainage. Summers told Mr. Tilger that City Staff could answer his questions after the meeting. Glen Grayban/resident said he was against a variance request for a new construction project. He said there was a 25-foot setback for a reason. Grayban asked the Board to enforce the ordinance because the applicant chose to purchase this location. O’Brien asked what was behind the building, nearest to the residential neighbor. Baca answered the rear would be used for pedestrian access to take out the trash and emergency egress. Mintz stated moving the building closer to the property line would increase the visibility of the structure to the neighbor. Baca said it would not be very noticeable. Thornton asked the applicant what his hardship was. Baca stated the lot is very narrow and said the required landscape buffer is large. He said the building needs at least 50-feet of depth to generate enough revenue to run the store. O’Brien asked there was lighting on the back of the building. Baca said there were four or five 100watt bulbs with shielding for egress. Mintz asked if the project was still viable without the variance being granted. Baca said the revenue would not be enough and the business would die. O’Brien clarified the building was shifted back to accommodate the required parking and landscaping. O’Brien read the Fact Findings to the Board before a vote was taken. 3 Motion to Approve: Thornton Second: Mintz Motion Failed Vote: 3 For (Mintz, Czarowitz, O’Brien) to 2 Against (Thornton, Kendrick) 5. The Board will conduct a public hearing and consider a request to encroach 1991.52 square feet of pavement into the required 15 foot landscape buffer along the interior side yard and minimal pavement as indicated on the site plan into the required 15 foot landscape buffer along the exterior side yard on the property located at 2210 S. Friendswood Drive, Abstract 9 Pg 13 S Part of Lot 45 (45-2) Slones Unrecorded Subdivision, Friendswood, Galveston County, Texas. Rouane explained the site plan showed four locations where the landscape buffers were encroached by pavement and did not meet City ordinance. Baca stated the number of required parking spaces limited the amount of area left for landscaping. He said the parking spaces were very minimally encroaching the landscape buffer. Baca said the landscape buffer along the residential side is in the area TxDot approved for the driveway. He said they need room for the trucks to maneuver. Don Seyfert/rear neighbor asked if Old Road would be one or two lanes. Summers told Mr. Seyfert that City Staff could address his questions following the meeting. Marcus Rives/designer said he felt the ordinances should apply to everyone. He said the applicant was confusing what they wanted and they needed. Glen Grayban/resident stated the project was a new building and that a different endeavor could work on the property. He said it was the purchaser’s responsibility to research development requirements. O’Brien said he felt the parking space encroachments were miniscule and asked if the driveway could be moved. Baca said the driveway location, as proposed, was their only option. He said for safety reasons, the driveway needed to be angled so traffic would not stack up into FM 518. He further explained the fuel trucks need to come in off the highway and unload on the right side. He stated TxDot would not approve a different design. O’Brien asked how much of the required 15-foot landscape buffer would remain with the proposed driveway location. Baca said the remaining strip would be 8-feet wide and they could still plant the required trees in that area. O’Brien led the Board through the Fact Findings prior to voting. Motion to Approve: Mintz Second: Czarowitz Motion Failed Vote: 3 For (Mintz, Czarowitz, O’Brien) to 2 Against (Thornton, Kendrick) 6.Consideration and possible action regarding approval of minutes for the: A.May 23, 2017 regular meeting Motion to Approve: Thornton Second: Mintz Vote: 5-0 (unanimous) 7.Comments from Board Members No comments. 8.Staff and/or Council or Board Liaison Reports No comments. 9.The meeting was adjourned at 7:49pm. Respectfully submitted by: Motion Approved Approved by: ili� 4