The URL can be used to link to this page

Home My WebLink AboutZBOA Minutes 2014-06-24 RegularI ZONING BOARD OF ADJUSTMENT 1.Call to order MINUTES OF A REGULAR MEETING HELD TUESDAY, JUNE 24, 2014 AT 7:00 PM CITY HALL COUNCIL CHAMBERS 910 S. FRIENDSWOOD DRIVE FRIENDSWOOD, TEXAS The meeting was called to order at 7:00 pm with the following present: Chairman Ron Dyer Alternate Member Glen Grayban Regular Member David O'Brien III Building Official Frank Manigold Councilman Jim Hill Alternate Member Mike Czarowitz Alternate Member Linda Thornton City Attorney Xochtyl Greer Board Secretary/City Planner Aubrey Harbin Alternate Member Craig Lovell was also present; Regular Members Steve Knis and Delvin Kendrick was absent; Vice Chairman Greg Hughes arrived late and left when an alternate member had already been appointed for the meeting Chairman Ron Dyer read all tlu·ee items and explained the process of the meeting, the votes required and the appeal process. He also asked everyone who would be speaking either for or against an item to raise their right hand and swore them in stating that they would tell the whole truth in their statements. Chairman Ron Dyer also, by unanimous consensus, moved item 4 in front of item 2. 4.The Board will conducted a public hearing and considered a request seeking to reduce the 10-foot side yard setbacks to 5 feet for property located at 16818 Blackhawk Blvd, Friendswood, Hanis County, Texas. l)Staff Presentation Frank Manigold, Building Official, meeting w/ architect requested to look at site plan and setbacks ... setbacks were 5ft, ordinance requires l Oft setback, after looking into it further whole subdivision was built with 5-foot side setbacks on each side of the homes. The house burned and the initially the property owner demolished the structure, but then because of the condition of the slab, also demolished the slab. He explained that he did not discover the potential discrepancy in setbacks until after the slab was demolished. 2)Applicant Presentation Virna Scharunovych, architect for the property owner, stated that the owner is building her daughter a house. She explained that they were going to try and use the existing slab, but it had cracks and it was recommended that the slab be demolished ... and that they assumed the same setbacks as the rest of the neighborhood would be allowed. She explained that since the lot if 55 feet wide, a house built with the 10-foot side setbacks would only be 35 feet wide which would be almost impossible and impracticable. 3)Public Comments None 4)Consideration of Evidence by Board O'Brien stated that he recalls frequent requests for variances to rear setbacks in this portion of town after it was annexed. He thought the ordinance was changed regarding the rear setbacks. O'Brien stated that in the past, owners were allowed to build straight back as long as they met the 5-foot setback. Chairman Dyer verified with Frank Manigold that the new structure would be similar to the structure that was there before with 5ft setbacks and that all of the other houses in the area also have 5-foot side yard setbacks. Dyer also asked why the original foundation was removed and Manigold explained that is was cost prohibitive to keep the slab due to the repairs that would be required. Czarowitz verified with Frank Manigold that if the original slab was kept they would not have to apply for a variance. Grayban asked what the purpose is of requiring 10-foot setbacks rather than 5ft. Frank Manigold stated that the City's current requirement is 1 0feet side yard setbacks and a standard lot is now 90 feet wide. Grayban also stated that the City does allow garden homes with reduced setbacks. A.A variance from Appendix C -Zoning Ordinance, Section 7.Q.2. Residential Regulation Matrix Motion to approve a variance of 5ft side setbacks on each side of the house: Czarowitz Second: Grayban Vote: 5 to O (unanimous) Motion Carried B.A special exception to Appendix C -Zoning Ordinance Section 7.Q.2. Residential Regulation Matrix No action required. C.An appeal to Appendix C -Zoning Ordinance Section 7.Q.2. Residential Regulation Matrix No action required. 2 I 2. I I The Board conducted a public hearing and considered a request seeking to reduce the 15-foot landscaped open space buffer strip to 10 feet along the westerly property line for property located at E FM 528 (no address assigned), being .5965 acres out of Reserve H, Block 17 Forest Bend Section 3, Friendswood, Harris County, Texas: 1)Staff Presentation Harbin stated that a location map was provided and that the property is zoned Neighborhood Commercial (NC), which requires a Specific Use Permit (SUP). The applicant is currently going thrnugh the process with P&Z and City Council. Harbin explained that the 8-foot screening is required because adjacent property is zoned MFR-H, a residential zoning, but that the adjacent property is a 60ft private driveway. In addition the 15-foot landscape buffer with a tree every 25 feet is also required. Planning & Zoning approved the use of dense vegetation rather than opaque fence. 2)Applicant Presentation Martin Walsh, owner Tires By Design, explained that he has one location in Pasadena and another being built in Seabrook. He explained that an issue with the subject property is that it is small. A 15ft landscape buffer will require them to reduce the size of the store. He stated that he feels that 3ft vegetation is sufficient to screen vehicles. He also explained that all work is done inside the bays. His presentation explains what the store will look like and that the propeliy will be kept clean. He explained that the building was turned because the bays could not front FM 528; 8ft vegetation will not look very nice personal opinion; not like an automotive repair shop; customers wait on their vehicles and no vehicles will be stored overnight; similar to Discount Tire with additional services; would like to become part of Friendswood. 3)Public Comments Ian Bellevo, attorney for Bell Partners, Inc., the management company for Skyhawk Apartments, which is the entity that owns the private drive. He stated that they are concerned with having the appropriate buffer along the road for aesthetic purposes and for the noise. He explained that the private drive is the primary entry for visitors and residents. He stated that the landscaping would be a better view and also provide a sound barrier from the noise of the ratchet guns and compressors. Harbin clarified that the rear building setback of 15 feet will be met. He stated that he is concerned with potential noise and that residents should be able to continue to enjoy the visual and auditory aesthetics that they have now. 4)Consideration of Evidence by Board O'Brien clarified that the building on other side of drive was existing when the prope1ty was annexed. 3 l I Harbin clarified that the 8ft screening will go to the front building line, which is 30 feet from the front prope1ty line, approximately 40 feet from the curb on FM 528. O'Brien verified with Believe that he does not have a safety concern about kids walking along driveway with the 8-foot screening in place. A.A variance from Appendix C -Zoning Ordinance, Section 7.5.5.e. Motion to approve a variance for the 15-foot landscaped open space buffer strip to be reduced to 10 feet in width: Czarowitz Second: O'Brien Vote: 5 to O (unanimous) Motion Carried B.A special exception to Appendix C -Zoning Ordinance, Section 7.5.5.e. No action required. C.An appeal to Appendix C -Zoning Ordinance, Section 7.5.5.e. No action required. 3.The Board conducted a public hearing and considered a request seeking to reduce the 8-foot high dense vegetation to 3 feet for property located at E FM 528 {no address assigned). being .5965 acres out of Reserve H, Block 17 Forest Bend Section 3, Friendswood, Harris County, Texas. 1)Staff Presentation See prior discussions on item 2. 2)Applicant Presentation See prior discussions on item 2. 3)Public Comments See prior discussions on item 2. 4)Consideration of Evidence by Board See prior discussions on item 2. In addition, O'Brien has an issue of holdingthe tire store to a higher standard than the existing building across the private driveway. Private driveway is not a habitable area, but he understands the noise issue. Dyer understands concerns about potential noise from tire store. He asked what the other options are -could the screening be a fence or opaque dense vegetation. Harbin stated that if the dense vegetation option is approved, which P&Z did approve with their recommendation, the vegetation has to meet the height requirement of 8feet, be evergreen and dense enough to be opaque. She stated that the matter up for consideration by this board is only the height of the vegetation. 5 A.A variance from Appendix C -Zoning Ordinance, Section 8.I.2.a. Motion to approve the variance to allow the 8-foot dense vegetation to be reduced to 3 feet in height: O'Brien Second: Czarowitz Vote: 0-5 (unanimous) Motion Failed B.A special exception to Appendix C -Zoning Ordinance Section 8.I.2.a. Motion to approve a special exception to allow the 8-foot dense vegetation to be reduced to 3 feet in height: O'Brien Second: Czarowitz Vote: 0 to 5 (unanimous) Motion Failed C.An appeal to Appendix C -Zoning Ordinance Section 8.1.2.a. Motion to approve an appeal to allow the 8-foot dense vegetation to be reduced to 3 feet in height: O'Brien Second: Czarowitz Vote: 0 to 4 (unanimous; Grayban stepped out of meeting briefly) Motion Failed 5.Consideration and possible action regarding approval of minutes for the: A.May 20, 2014 regular and special meeting Motion to approve the minutes as written: Thornton Second: Czarowitz Vote: 5 to O (unanimous) Motion Carried 6.Comments from Board Members None 7.Staff and/or Council or Board Liaison Repo11s None 8.The meeting adjourned at 8: 11 pm. Respectfully submitted by: Approved by: :RG�r C,, JJ'6J /,µ,<.{t� 6