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Home My WebLink About10-23-14 Regular Meeting of the Zoning Board of Adjustment Zoning Board of Adjustment Minutes of October 23,2014 Board Members Present: Charles Schoppe, T.J. Walker, Chester Pool, Nettie Warren (Alt 1), and Doug Martin (Alt 2) Board Members Absent: Lawrence McNeal and Rod Rothermel City Staff Present: Planning Director Tim Tietjens, City Planner Eric Ensey, Assistant City Attorney Clark Askins,and Office Coordinator Peggy Lee 1. Call to Order. Vice-Chairman Charles Schoppe called the meeting to order at 6:04 p.m. 2. Roll call of members. Board Members Charles Schoppe, T.J. Walker, Chester Pool, Nettie Warren (Alt 1), and Doug Martin (Alt 2)were present for roll call. 3. Consider approval of meeting minutes: August 28,2014. Motion by T.J.Walker to approve the meeting minutes of August 28,2014. Second by Nettie Warren. Motion carried. Ayes: T.J.Walker,Chester Pool,Charles Schoppe,Nettie Warren,and Doug Martin Nays: None 4. A public hearing will be held to consider Variance Request#14-93000004,requested by Robert Choates, owner of the property located at 121 S. 5th Street, further described as Lots 15-16, Block 41,Town of La Porte. The applicant is seeking approval of a variance to allow an awning that encroaches 10 feet into the required 10-foot side setback adjacent to the W. A Street right-of-way in the Main Street District contrary to the provisions of Section 106-240 of the Code of Ordinances. A. Staff Presentation City Planner Eric Ensey presented staff's report on a variance request by Robert Choates to allow an awning constructed at 121 S. 5th Street,to encroach up to the property line within the 10-foot side setback adjacent to the West A Street right-of-way. As constructed, the awning encroaches into the W. A Street right-of-way; however, the applicant has indicated he would remove the section that encroaches into the right-of-way, if the variance is approved. a Zoning Board of Adjustment / Minutes of October 23,2014 Page 2 of 5 Public hearing notices were mailed to 13 property owners located within 200 of the subject tract. The City did not receive any responses from the mail-out. B. Applicant Presentation Vice-Chairman Charles Schoppe swore in Robert Choates, 1918 Laura Lane. Mr. Choates stated he made a mistake in not placing the awning in accordance with the code. The awning was constructed to prevent rain from blowing in through his shop doors, when open. C. Public Comments There were no comments from the public. D. Question and Answer There were no questions. Motion by Chester Pool to approve Variance Request #14-93000004, allowing an awning constructed at 121 S. 51h Street, to encroach up to the property line within the 10-foot side setback adjacent to the West A Street right-of-way. Second by Charles Schoppe. Motion Carried. Ayes: T.J.Walker,Chester Pool,Charles Schoppe,Nettie Warren,and Doug Martin Nays: None S. A public hearing will be held to consider Variance Request 14-93000005,a request'by Bay Area Habitat,owner of the property located at 237 S. Brownell St.,further described as Lots 19 and 20, Block 71, Bay Front to La Porte. The applicant is seeking approval of a variance to allow a driveway that encroaches 15.5 feet into the required 25-foot setback for a driveway adjacent to the E. B Street right-of-way contrary to the provisions of Section 106-835 of the Code of Ordinances. A. Staff Presentation City Planner Eric Ensey presented staff's report on a variance request by Bay Area Habitat for Humanity that would allow a driveway to encroach 15.5 feet into the required 25-foot setback for a driveway adjacent to the unimproved E. B Street right-of-way at 237 S. Brownell Street. The applicant was unable to reconfigure the structure on the site to avoid the need for a variance. Public hearing notices were mailed to 16 property owners located within 200' of the subject tract. The City received one response in favor of the request. Zoning Board of Adjustment Minutes of October 23,2014 Page 3 of 5 B. Applicant Presentation There was no presentation from the applicant. C. Public Comments There were no public comments. D. Question and Answer Staff responded to questions from the Board regarding the future driveway shown on the plan. Motion by Doug Martin to approve Variance Request #14-93000005 to allow a driveway to encroach 15.5 feet into the required 25-foot setback for a driveway adjacent to the unimproved E.B Street right-of-way at 237 S.Brownell Street. Second by Chester Pool. Motion Carried. Ayes: T.J.Walker,Chester Pool,Charles Schoppe,Nettie Warren,and Doug Martin Nays: None 6. A public hearing will be held to consider Variance Request 14-93000006, a request by Edgar Hinojosa,owner of the property located at 727 S. Blackwell Ave.,further described as Lots 22- 27 and the adjoining 15 feet of Lot 21, Block 25,Bay Front to La Porte. The applicant is seeking approval of a variance to allow construction of a new single family detached residence that encroaches 8 feet into the required 15-foot rear setback in the.R-1 Zone District contrary to the provisions of Section 106-333 of the Code of Ordinances. A. Staff Presentation City Planner Eric Ensey presented staff's report on a variance request by Edgar Hinojosa to allow construction of a new single family residence that encroaches 8 feet into the required 15-foot rear setback of the triangular shaped property located at 727 S. Blackwell. Public hearing notices were mailed to six property owners located within 200' of the subject tract. The City received three responses in opposition to the request. B. Applicant Presentation The applicant was not present. C. Public Comments Jose Gutierrez, 2008 Park Drive, spoke in opposition to the variance request, Mr. Gutierrez owns adjacent property he has retained in its natural habitat for wildlife. Mr. Gutierrez feels i 5 Zoning Board of Adjustment Minutes of October 23,2014 Page 4of5 the subject property is too small for a house; especially one located so close to his property line. David Gaar, 1911 Roscoe, spoke in opposition to the variance request. Mr. Gaar spoke about needing to preserve the environmental health of Galveston Bay and allowing a house to be built at this location would be a mistake. Vivian Serrano, 2008 Park Drive, spoke in opposition to the variance request. Ms. Serrano questioned the public notification process because she did not receive notice of the hearing. Additionally, the City Inspector who inspected the construction of her home had previously told her that a home could never be built on the subject tract because the lot was too small. D. Question and Answer Board Members discussed the merits of the request. Motion by Doug Martin to deny Variance Request#14-93000006 for construction of a new single family residence that encroaches 8 feet into the required 15-foot rear setback of the property located at 727 S.Blackwell. Second by Chester Pool. Motion Carried. Ayes: T.J.Walker,Chester Pool,Charles Schoppe,Nettie Warren,and Doug Martin Nays: None Assistant City Attorney Clark Askins read from Section 106-196 of the Code of Ordinances: Appeals from the Board of Adjustment. 7. Administrative Reports Planning Director Tim Tietjens reported: • There will be a special called Board of Adjustment meeting on November 13,2014. • Public testimony for the previous variance request included a statement that a former City Inspector had stated that a home could never be built on the subject tract due to the small lot size. If in fact a former City Inspector did make that statement, then he was incorrect. 8. Board comments on matters appearing on agenda or inquiry of staff regarding specific factual information or existing policy. Chester Pool inquired about the previous variance request as to the size of the house that was being planned. Staff calculated the area and estimated the size to be approximately 900 sq.ft. ,f Zoning Board of Adjustment Minutes of October 23,2014 Page 5 of 5 9. Adjourn Motion by Nettie Warren to adjourn. Second by Chester Pool. Vice-Chairman Schoppe adjourned the meeting at 6:49 p.m. Resp tfully submitted, Peggy e Secretary,Zoning Board of AdjustmentQ Passed and Approved on / / � "4�/3 . 2014. Ro othermel Chairman,Zoning Board of Adjustment