05-28-15 Zoning Board of Adjustment Meeting

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Board of Adjustment Regular Meeting May 28, 2015 Market at Spencer Setback Variance Analysis: In this case the subject site is located adjacent to the B-109 drainage channel maintained by the Harris County Flood Control District (HCFCD). HCFCD has also obtained a 15-foot easement on the subject site along the drainage channel for drainage purposes. The city’s code further requires a 20-foot setback adjacent to conservation areas, of which B-109 would be considered as it is designated as an open space corridor in the city’s Comprehensive Plan. Such setback would be from the east property line adjacent to the drainage channel; HCFCD’s easement is within the 20-foot conservation area setback. Section 106-443(b), Footnote 1 does not allow parking within the 20-foot conservation area setback. The applicant is seeking a variance to this provision to allow parking in the setback area. The applicant has submitted a letter from HCFCD (see Exhibit A) indicating no objection to use of their easement for parking purposes Should a variance be approved by the Board, staff recommend the approval mirror that of what HCFCD would allow within the 20-foot conservation area setback. Section 106-192 of the Zoning Ordinance states that the term “variance” represents a deviation from the literal interpretation of the code approved by the Board subject to the fact that enforcement of the provisions of the code would cause an unnecessary hardship because of circumstances unique to the subject property. The Board is authorized to grant a variance when the Board finds that a number of criteria are met. The following table outlines those criteria and staff’s analysis of those criteria. Criterion: Staff Finding: a. That the granting of the variance will not be The intent of the setback from the conservation contrary to the public interest. easement is to provide a buffer from designated conservation areas. Staff has been led to believe that Harris County Flood Control District has no objection to certain improvements within their 15- foot drainage easement, which is part of the 20’ conservation setback. The applicant has submitted a letter from HCFCD indicating no objection to parking within their 15-foot drainage easement. Those improvements permitted by HCFCD would be within the public intrest – however, no structural improvements should be allowed in any instance. Notice was sent to all property owners within a 200-foot radius from the subject site in accordance with code requirements. At the time this staff report was drafted, no responses for or against the variance were received by staff. b. That literal enforcement of this chapter will The unique situation with this property is the result in unnecessary hardship because of location of the drainage channel adjacent to the exceptional narrowness, shallowness, shape, property. topography or other extraordinary or exceptional physical situation unique to the specific piece of property in question. "Unnecessary hardship" shall mean physical hardship relating to the property itself as distinguished from a hardship relating to convenience, financial considerations or caprice, 3