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<br />ZONING BOARD OF ADJUSTMENT <br />MINUTES OF JUNE 26, 2008 <br /> <br />Members Present: <br /> <br />George Maltsberger, Rod Rothermel, Chester Pool, Charles Schoppe, Lawrence <br />McNeal, (Alt. No.1) and Gilbert Montemayor (Alt. No.2) <br /> <br />Members Absent: <br /> <br />Bob Capen <br /> <br />Masood Malik, City Planner; Tim Tietjens, Planning Director; Clark Askins, <br />Assistant City Attorney and Peggy Lee, Secretary <br /> <br />City Staff Present: <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 MAY 22, 2008, MEETING MINUTES. <br /> <br />Motion by Chester Pool to approve the Minutes of May 22, 2008. Second by Charles Schoppe. <br />The motion carried. <br /> <br />Ayes: <br />Nays: <br />Abstain: <br /> <br />Pool, Schoppe, Rothermel, Maltsberger, and McNeal <br />None <br />None <br /> <br />3. CONSIDER SPECIAL EXCEPTION REQUEST #SE08-001 FOR THE PROPERTY LOCATED <br />AT 50 FOREST AVENUE, FURTHER DESCRIBED BY THE HARRIS COUNTY APPRAISAL <br />DISTRICT AS LOT 6, BLOCK 15, SYLVAN BEACH FIRST ADDITION, JOHNSON HUNTER <br />SURVEY, ABSTRACT 35, LA PORTE, HARRIS COUNTY, TEXAS. THE APPLICANT, <br />BAYWAY HOMES, INC., SEEKS AN EXCEPTION OF 5 FEET BUILDING SETBACK FROM A <br />SIDE YARD REQUIREMENT OF 10 FEET ADJACENT TO PUBLIC RIGHT-OF-WAY FOR A <br />CORNER LOT. THIS EXCEPTION IS BEING SOUGHT UNDER THE TERMS OF SECTION <br />106-191 (2) (C) OF THE CODE OF ORDINANCES. <br /> <br />A. STAFF PRESENTATION <br /> <br />Masood Malik, City Planner, presented Staff's Report. The applicant, Bayway Homes, <br />Inc., has requested an exception of five feet for the side yard setback requirement in lieu <br />of the standard ten foot side yard setback requirement for a corner lot adjacent to a public <br />right-of-way for the property located at 50 Forest Avenue. The applicant's plot plan <br />shows a 35' front yard setback instead of the required 25' front yard setback in order to <br />preserve existing trees and provide visual clearance for motorists. <br /> <br />Staff expressed concern with allowing the building to be located so close to the road. <br /> <br />Nine 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 Charles Anders, 1408 S. Friendswood Dr. #202, <br />Friendswood, TX. Mr. Anders, representing Bayway Homes and Bayou Housing, <br />addressed the Board. At the time the property was purchased, the survey did not include <br />a reference to the side yard setback requirement for the corner lot. He added there are <br />