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<br />ZONING BOARD OF ADJUSTMENT <br />MINUTES OF APRIL 24, 2008 <br /> <br />Members Absent: <br /> <br />George Maltsberger, Chester Pool, Bob Capen, Rod Rothermel, Charles <br />Schoppe, and Gilbert Montemayor (Alt. No.2) <br /> <br />Lawrence McNeal (Alt. No.1) <br /> <br />Members Present: <br /> <br />City Staff Present: <br /> <br />Masood Malik, City Planner; Clark Askins, Assistant City Attorney; and Peggy <br />Lee, Secretary <br /> <br />1. CALL TO ORDER. <br /> <br />Chairman Maltsberger called the meeting to order at 6:00 p.m. <br /> <br />2. CONSIDER APPROVAL OF THE FEBRUARY 28,2008, MEETING MINUTES. <br /> <br />With no additions or deletions, the Minutes of February 28, 2008, were unanimously approved as <br />presented. <br /> <br />Ayes: <br />Nays: <br />Abstain: <br /> <br />Rothermel, Pool, Maltsberger, Capen, Schoppe, Montemayer <br />None <br />None <br /> <br />3. CONSIDER VARIANCE REQUEST #V08-002 FOR THE PROPERTY LOCATED ALONG <br />SOUTH 16TH STREET, FURTHER DESCRIBED BY THE HARRIS COUNTY APPRAISAL <br />DISTRICT AS TRS 2 & 3, TR A, TR 4A, SA, AND TR C, JOHNSON HUNTER SURVEY, <br />ABSTRACT 35, LA PORTE, HARRIS COUNTY, TEXAS. MR. ALTON OGDEN C/O OAKLAND <br />LAND AND DEVELOPMENT, THE PROPERTY OWNER, SEEKS RELIEF FROM THE <br />APPLICATION OF EXTERIOR BUILDING DESIGN STANDARDS AS ESTABLISHED IN <br />SECTION 106-680 OF THE CODE OF ORDINANCES. THIS VARIANCE IS BEING SOUGHT <br />UNDER THE TERMS OF SECTION 106-192 (b) (2) OF THE CODE OF ORDINANCES. <br /> <br />A. STAFF PRESENTATION <br /> <br />Masood Malik, City Planner, presented Staff's Report. The applicant, Alton Ogden, has <br />requested a variance to the exterior building design standards of 100% masonry and/or glass <br />etc. fa9ade on the sides or back of buildings proposed along S. 16th St. located in Tax <br />Increment Reinvestment Zone (TIRZ) #1. The applicant is proposing a brick fa9ade be <br />placed on the front of the buildings below the canopy with no fa9ade on the sides and back of <br />the buildings. According to the applicant, the requirement to have 100% masonry or glass <br />causes an unnecessary hardship that will drive rental prices beyond a prospective tenant's <br />ability to pay, causing them to relocate to another city. <br /> <br />Staff did not find evidence to support a "hardship" as defined by the ordinance and <br />recommended the variance be denied. <br /> <br />Eight property owners located within 200' of the subject tract were mailed public hearing <br />notices. The City did not receive any responses from the mail-out. <br /> <br />B. PROPONENTS <br /> <br />Chairman Maltsberger swore in Jeff Bearden, owner of Bayou City Industrial Contractors. <br />Mr. Bearden's business is located next to the property in question. He stated that this <br />variance decision may affect any future plans he may have for expansion due to the cost <br />