HomeMy WebLinkAboutZBOA Minutes 2016-09-27 RegularZONING BOARD OF ADJUSTMENT
MINUTES OF A
REGULAR MEETING HELD
TUESDAY, SEPTEMBER 27, 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:
Vice Chahman Ron Dyer Regular Member Steve Knis
Regular Member Delvin Kendrick Alternate Member Glena Mintz
Alternate Member Mike Czarowitz City Attorney Arnold Polanco
Brian Rouane, Building Official Jim Hill, Couneilmember
Aubrey Harbin, Dep. Dir. of CDD/Planner
Absent: Chairman Greg Hughes, Regular Member David O'Brien, Alt. Member Glen Grayban,
Alt. 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 Chairman 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 reduce the required rear yard
Setback fi om the required 25 feet to 23 feet on the property located at 204 Falcon Lake Circle
being a .359 acre tract of land known as Lot 7, Block 3 of the Lakes of Falcon Ridge Section One,
Friendswood, Texas, Galveston County,
A. Staff Presentation
Brian Rouane, Chief Building Official, stated the applicant submitted a permit application requesting
to build an attached, covered patio that was encroaching the rear• building by two feet. He explained
the Zoning Ordinance requires a 25-foot setback from the rear property line for structures attached to
the main building so the permit application was denied
B. Applicant Presentation
Melissa Hanks, owner/applicant, stated that the 25-foot building line would only allow a 6-foot
extension for the proposed patio. She explained that the yard is long and narrow and has larger side
yards. She stated that the original plan was to add 10 feet to the rear of the house for the patio, but
they reduced it to 8 feet to only ask for a 2-foot variance.
Trish Hanks, resident, stated that no structures could be built on the property to the rear due to the
proximity of a driveway to the fence.
C. Public Comments
None
The public hearing closed at 7:13pm.
D. Consideration of Evidence by Board
Knis asked for clarification on the patio area that is uncovered. The owner explained that a portion
of the concrete patio will not be covered. Staff confirmed that it is only the structure that is subject
to the setback requirements; paving can extend beyond the setback line.
Dyer asked if the applicant had any discussions with the neighbors on either side. Melissa said that
they did not have discussions with the neighbors and that by them not being present at the meeting
tonight, she assumes they do not have any issues or concerns.
1) A variance from Appendix C - Zoning Ordinance, Section 7.Q.2 Regulation Matrix —
Residential Districts
Motion to approve: Czarowitz
Second: Kendrick
Vote: 4-1 (Dyer opposed) Motion Approved
3. Consideration and possible action regarding approval of minutes for the:
A. August 23, 2016 regular meeting
Motion to approve: Kendrick
Second: Mintz
Vote: 5-0 (unanimous) Motion Approved
4. Discussion regarding admissible evidence and/or public comments
Vice Chairman Dyer explained that the question was raised as to whether or• not a letter submitted by
someone not in attendance of the meeting could be used or considered by the board as evidence.
Arnold Polanco, City Attorney, explained that state law, city ordinance and ZBOA Rules of
Procedure do not speak to admissible evidence. He explained that ZBOA is aquasi-judicial board
and is governed by rules that apply to administrative review or hearings. The board is not subject to
hearsay and other rules of a court of law. In summary, the Board has discretion to use written
comments provided by citizens who are not in attendance of the meeting.
5. Comments from Board Members
None
6. Staff and/or Council or Board Liaison Reports
None