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HomeMy WebLinkAboutZBOA Minutes 2016-05-24 RegularZONING BOARD OF ADJUSTMENT MINUTES OF A REGULAR MEETING HELD TUESDAY, MAY 24, 2016 AT 7:00 PM CITY HALL COUNCIL CHAMBERS 910 S. FRIENDSWOOD DRIVE FRIENDSWOOD, TEXAS 1.The meeting was called to order at 7:00 pm with the following people in attendance: Chairman Greg Hughes Vice Chairman Ron Dyer Alternate Member David O'Brien, III City Attorney Arnold Polanco Brian Rouane, Building Official Regular Member Steve Knis Regular Member Delvin Kendrick Becky Summers, Development Coordinator Board Secretary/City Planner Aubrey Harbin City Council Liaison, Jim Hill Alternate members present: Glenn Mintz, Linda Thornton Absent: Glen Grayban Chairman Hughes 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. Chairman Hughes administered an oath to everyone who would be speaking during the meeting. 2.The Board conducted a public hearing to consider a request to reduce the required rear yard setback from the required 15 feet to 5 feet and to reduce the required Landscaped Open Space Buffer Strip from 10 feet to 5 feet and to not require the trees every 25 feet within the Landscaped Open Space Buffer Strip on the property located at 802 S. Friendswood Drive, a .4426 acre tract out of the Southeast 1.2 of Lot 13, Block 3 of the Friendswood Subdivision, Friendswood, Texas, Galveston County. A.Staff Presentation Aubrey Harbin, City Planner, explained this property is located in the Downtown District which requires O foot setbacks except when abutting residential property, where a 10 foot Landscaped Open Buffer Strip is required. She stated the owner is proposing a single story building on this site plus an additional building on the adjacent lot. Harbin said the owner, Tannos Land Holdings, recently constructed a commercial building two lots over, as well. B.Applicant Presentation Scott Sherman, representative for Louis Tannos, said Mr. Tannos was unable to attend because he was out of town scouting commercial tenants for this project. Sherman thanked staff for their guidance on this project and the previous Tannos building. Sherman said this was a setback issue on a unique piece of land. He clarified they are only seeking a variance on this parcel, not the entire project. Blair/architect for Diamond Development, said they are proposing a retail building on Friendswood Drive. He explained the building is situated at the rear of the property for multiple reasons. He said many tenants require 60 foot deep lease spaces to be useable. He stated the parking needed to be up front so a shared access could be utilized. Blair said the Texas Department of Transportation has specific driveway spacing requirements they had to meet which made the shared access necessary. He said they also had to allow room for sidewalk installation. Blair said the adjacent lot will maintain a 30 foot rear setback and a 15 foot side setback. He stated this building will not utilize any rear doors or access to keep foot traffic away from the residence. He said Mr. Tannos would construct an 8 to 10 foot masonry wall to buffer the residence. He said the reason for requesting a variance to not install the buffer trees is that there is not enough room for the trees to do well. He said the developer would do what he could for landscaping, though. C.Public Comments Corey Comendo, resident, presented photographs to the Board and stated the existing building constructed by Tannos Land Holdings was not attractive. He said without the green space between the commercial and residential lot, drainage would be an issue. He said the owner, Mr. Tannos, has owned the lot for two years and has not maintained it properly. He suggested the development reduce the number of parking spaces and move the building to meet the required setback. He asked the Board to hold the developer to City standards. Steven Ramsey, resident, said he designed a house and requested variances to which he was denied. He said he then redesigned the house and suggested the developer do the same. He said it was not right to impose on the neighboring resident. Marcie Ramsey, resident, stated she researched the buffer requirements prior to buying her residential lot neighboring a commercial lot. She felt the buffer was adequate protection and asked the Board to stand by the rule. She said "don't have rules you won't enforce." Clovis Marina, resident, said she has lived abutting this conunercial property and suffered through a gas station and car wash and a dumpster being right at her property line. She said she is not looking forward to that again and will probably sell her property soon. She asked the Board to not set a precedent for variances of this nature. Amy Bisch, resident, said she loves her property and would like a compromise in the type of business built. She said a restaurant with a patio would be in good taste. She said the center of town needs to stand out. Bisch said she does not want the business to back up that close to the residence. D.Consideration of Evidence by Board Knis asked the architect if the building could be moved and lose minimal parking spaces. Blair explained that uses have specific parking requirements to meet. He said losing parking spaces would limit what type of tenants could be there.2 I Knis asked if drainage was an issue. Blair stated drainage is always an issue and suggested yard drains could be installed. Dyer asked the architect if he was aware of the setback and buffer requirement when he designed the site. Blair stated he was and that pipelines on the neighboring lot caused problems. Hughes asked if the City would review drainage plans for the project. Harbin answered City Staff and the Galveston County Consolidated Drainage District would both review. She stated the ovmer is requesting to buy into regional detention for this project. She said some concrete will be removed and should help some. O'Brien asked if the Fire Marshal had any concerns. Harbin said the building would be close enough to the street to allow fire fighters access, if needed. Dyer said a sales tax to beautify the Downtown District recently passed and was concerned about removing a tree requirement. Dyer was not sure a variance would be in the best interest of the public. Hughes read the five requirements needed to approve a variance. 1)A variance from Appendix C -Zoning Ordinance, Section 7.Q.2, Section I.8.2.1, and Section 1.8.2.b. Motion to approve: Dyer Second: O'Brien Vote: 0-5 (unanimous) Motion Failed 3.Consideration and possible action regarding approval of minutes for the: A.April 26, 2016 regular meeting Motion to approve: Dyer Second: Knis Vote: 5-0 (unanimous) 4.Comments from Board Members None 5.Staff and/or Council or Board Liaison Reports None 6.The meeting was adjourned at 7:47pm. Respectfully submitted by: Motion Approved Approved by: 3