HomeMy WebLinkAbout05-28-15 Special Called Meeting of the Zoning Board of Adjustment minutesZoning Board of Adjustment
Minutes of May 20, 2015
Board Members Present: Rod Roth —el, Charles Schoppe, T.J. Walker, and Nettie Warren (Alt 1)
Board Members Absent: Lawrence McNeal, Chester Pool, and Ooug Martin (Alt 2)
City Staff Present: City Planner Eric Ensey, Assistant City Attorney Clark Askins, and Office
Coordinator Peggy Lee
1_ Call to Order_
Chairman Rod Rothermel called the meeting to order at 6:00 p.m_
2. Roll call of members_
Board Members Charles Schoppe, Chester Pool, T.J_ Walker, and Nettie Warren (Alt 1) were
present.
3. A public hearing will be held to consider Variance Request 15-S3000004, a request by Oakland
Land and 00-1l pment for the property located at 6O5 S. 16t^ Street to allow construction of a
metal office/warehouse building that is 3' from the side (north) property line contrary to the
provisions of Section 106-522 of the city's Code of Ordinances which requires a minimum 10
foot side setback in the LI, Light Industrial, district_
Chairman Rothermel opened the public hearing_
a_ Staff Presentation
City Planner Eric Ensey presented staWs report on a variance request by Oakland Land and
Development to allow construction of a new office/warehouse building three feet (3') from
the side (north) property line, encroaching seven feet (7') into the side setback at 605 S. 16t^
Street_
Mr. Ensey confirmed that all requirements for public hearing notification had been met_
b_ Applicant Presentation
Chairman Rothermel swore in the applicant, Bill Campbell, ACW Design and Construction,
consultant for Oakland Land and Development. Mr_ Campbell stated the variance is needed
because the narrowness of the drive-thru will make it difficult for larger trucks to access the
truck bays_
c. Public Comments
Chairman Rothermel swore in Alan Ward_ Mr_ Ward explained there would not be an
encroachment issue had the subject property been located several blocks away In a General
Commercial zone; therefore he would be in favor of allowing the encroachment.
Zoning Board of Adjustment
Minutes of May 28, 2015
Page 2 of 7
d. Question and Answer
There were no questions.
Motion by Nettie Warren to approve Variance Request #15-93000004, allowing construction
of a new metal office/warehouse facility to be located three feet (3') from the side (north)
property line at 605 S. 16th Street with the condition that all applicable fire rating
requirements be met.
Second by Charles Schoppe. Motion Carried.
Ayes: Rothermel, Schoppe, Walker, and Warren (Alt 1)
Nays: None
Assistant City Attorney Clark Askins read from Section 106-196 of the Code of Ordinances: Appeals
from the Board of Adjustment.
4. A public hearing will be held to consider Variance Request #15-93000005, a request by
Oakland Land and Development for the property located at 211 N. 11th Street to allow
construction of a driveway that is 15 feet from the intersection of Adams Street and N. 12th
Street (unimproved right-of-way) contrary to the provisions of Section 106-835, Figure 10-3 of
the city's Code of Ordinances which requires a minimum 40 foot distance between a driveway
and ROW intersection.
Chairman Rothermel opened the public hearing.
a. Staff Presentation
City Planner Eric Ensey presented staff's report on a variance request by Oakland Land and
Development to allow construction of a driveway that is fifteen feet (15') from the
intersection of Adams Street and the unimproved right-of-way of N. 12th Street. This
request is associated with a one-story, 5,000 square foot metal office/warehouse building.
Mr. Ensey noted the City has no plans to improve the N. 12th Street right-of-way and there is
a cemetery located to the west of the property with grave sites located within the N. 12th
Street right-of-way.
Mr. Ensey confirmed that all requirements for public hearing notification had been met.
The City received one (1) response from the public in favor of the variance.
b. Applicant Presentation
Previously sworn in by Chairman Rothermel, Bill Campbell, ACW Design and Construction,
consultant for Oakland Land and Development, explained there is a safety concern because
there would be a CenterPoint pole in the middle of the driveway if they were required to
adhere to the 40' setback requirement. Mr. Campbell also mentioned the grave sites known
to be in the N. 12th Street right-of-way.
Zoning Board of Adjustment
Minutes of May 28, 2015
Page 3 of 7
c. Public Comments
There were no public comments.
d. Question and Answer
Staff responded to questions from the Board.
Motion by Charles Schoppe to approve Variance Request #15-93000005, allowing construction
of a driveway at 211 N. 11th Street, fifteen feet (15') from the intersection of Adams Street and
the N. 12th Street (unimproved right-of-way) .
Second by T.J. Walker. Motion Carried.
Ayes: Rothermel, Schoppe, Walker, and Warren (Alt 1)
Nays:
Assistant City Attorney Clark Askins read from Section 106-196 of the Code of Ordinances: Appeals
from the Board of Adjustment.
5. A public hearing will be held to consider Variance Request 15-93000006, a request by Oakland
Land and Development for the property located at 921 S. 141h Street to allow construction of a
metal office/warehouse building that is 3' from the side (south) property line contrary to the
provisions of Section 106-522 of the city's Code of Ordinances which requires a minimum 10-
foot side setback in LI, Light Industrial, district.
Chairman Rothermel opened the public hearing.
a. Staff Presentation
City Planner Eric Ensey presented staff's report on a variance request by Oakland Land and
Development to allow construction of a metal office/warehouse building located three feet
(3') from the side (south) property line at 921 S. 14th Street.
Mr. Ensey confirmed that all requirements for public hearing notification had been met. No
written comments were received.
b. Applicant Presentation
Chairman Rothermel swore in Rodney Slaton, representing Blyle & Associates, 911 S. 8th
Street. Mr. Slaton responded to questions from the Board. He stated the variance would
not be onerous due to the adjacent use to the south being a parking/delivery area and zero
penetration on the south wall of the building. The variance would allow an additional 700
sq. ft. for the building, which will be used as a training facility.
Zoning Board of Adjustment
Minutes of May 28, 2015
Page 4 of 7
c. Public Comments
Jackson Hooper, 14902 La Quinta, Houston, TX, addressed the Board. Mr. Hooper is not in
favor of having the building so close to the Kroger parking area. He prefers the additional
separation, which leaves more open space for aesthetics and for safety of customers.
d. Question and Answer
There were no questions.
Motion by T.J. Walker to deny Variance Request #15-93000006 for construction of a metal
office/warehouse building located three feet (3') from the side (south) property line at 921 S.
14t" Street.
Second by Nettie Warren. Motion Carried.
Ayes: Rothermel, Schoppe, Walker, and Warren (Alt 1)
Nays:
Assistant City Attorney Clark Askins read from Section 106-196 of the Code of Ordinances: Appeals
from the Board of Adjustment.
6. A public hearing will be held to consider Variance Request 15-93000007, a request by Jacobs
Vehicle Management for the property at 1801 Sens Road to allow placement of up to 21 metal
containers off -chassis for storage of supplies for the company, contrary to the provisions of
Section 106-751(c), which allows for a maximum of two containers for storage of
materials/supplies for a business.
a. Staff Presentation
City Planner Eric Ensey presented staff's report on a variance request by Jacobs Vehicle
Management to allow placement of up to 21 metal containers off -chassis for storage of
supplies for the company at 1801 Sens Road.
Mr. Ensey confirmed that all requirements for public hearing notification had been met. No
written comments were received.
b. Applicant Presentation
Previously sworn in by Chairman Rothermel, Alan Ward stated the subject containers are
used to carry tools to jobsites. All containers would be stored on the Light Industrial zoned
portion located at the rear of the property, away from Sens Road. No containers would be
stored on the Business Industrial zoned portion of the property. The containers would be at
least fifty feet (50') from the north and south property lines and the applicant is willing to
provide screening, if necessary.
Zoning Board of Adjustment
Minutes of May 28, 2015
Page 5 of 7
Phil Dunlap, 12532 Three Lakes Drive, Walker, LA, has worked for Jacobs 39 years. The
company wants to centralize their operations by utilizing this location to store the tools that
will service jobsites all over the U.S.
c. Public Comments
Chairman Rothermel swore in Joel Barton, who resides south of the subject property. Mr.
Barton opposes the variance because containers on the ground would attract snakes, rats,
and skunks. He does not want Sens Road to look like Barbour's Cut Blvd. and feels the
company may need to seek a site more suitable for their needs.
Chairman Rothermel swore in James Washburn, 12013 N. L, who resides adjacent to the
subject property. Over the years, Mr. Washburn has experienced drainage problems on his
property due to Jacobs building their property up. He provided photos he has taken over
the years. He also agreed with Mr. Barton about a possible vermin problem if the
containers are placed on the property.
d. Question and Answer
Staff responded to questions from the Board.
Motion by Charles Schoppe to approve Variance Request 15-93000007 to allow placement of
up to 21 metal containers off -chassis for storage of supplies at 1801 Sens Rd.
Second by Rod Rothermel. Motion Failed.
Ayes: Schoppe and Rothermel
Nays: Walker and Warren (Alt 1)
Assistant City Attorney Clark Askins read from Section 106-196 of the Code of Ordinances: Appeals
from the Board of Adjustment.
7. A public hearing will be held to consider Variance Request 15-93000008, a request by Market at
Spencer LLC for the property located at the southeast corner of Spencer and Canada further
described as Tracts 1-5, Spencer Highway Estates 2 of the deed records of Harris County, William
M. Jones Survey, Abstract 482, and Lot 1, Texaco at Canada to allow construction of parking and
drive aisles to accommodate future development of a commercial pad site within the required
20-foot conservation area setback contrary to the provisions of Section 106-443, Footnote 1.
a. Staff Presentation
City Planner Eric Ensey presented staff's report on a variance request by Market at Spencer
LLC to allow construction of parking and drive aisles to accommodate future development of
a commercial pad site within the required 20-foot conservation area setback on the
property located at the southeast corner of Spencer and Canada. On the east property line
is a 15' drainage easement that Harris County Flood Control District maintains.
Zoning Board of Adjustment
Minutes of May 28, 2015
Page 6 of 7
Mr. Ensey confirmed that all requirements for public hearing notification had been met.
One written response was received in favor of the request.
b. Applicant Presentation
Chairman Rothermel swore in Neal Atkinson, 7907 Tyce Hill, Spring, TX, 77388, engineer for
the project developer, who stated that Harris County Flood Control District will allow
parking in the easement, however, the City's 20' landscape setback prevents them from
paving the area for use as parking and drive aisles.
c. Public Comments
There were no comments from the public.
d. Question and Answer
There were no questions.
Motion by T.J. Walker to approve Variance Request #15-93000008 allowing construction of
parking and drive aisles to accommodate future development of a commercial pad site within
the required 20-foot conservation area setback.
Second by Nettie Warren. Motion Carried.
Ayes: Rothermel, Schoppe, Walker, and Warren (Alt 1)
Nays:
Assistant City Attorney Clark Askins read from Section 106-196 of the Code of Ordinances: Appeals
from the Board of Adjustment.
8. Administrative Reports
There were no administrative reports.
9. Board comments on matters appearing on agenda or inquiry of staff regarding specific factual
information or existing policy.
Chairman Rothermel reminded members of the importance of attending the meetings as it is
not fair to the applicants to have less than the full vote of the Board. Chairman Rothermel
requested staff develop rules of attendance that would include replacement upon reaching a set
number of absences.
10. Adjourn
Motion by Rod Rothermel to adjourn.
Second by Nettie Warren. Motion carried.
Zoning Board of Adjustment
Minutes of May 28, 2015
Page 7 of 7
Ayes: Rothermel, Schoppe, Walker, and Warren (Alt 1)
Nays:
Chairman Rothermel adjourned the meeting at 7:15 p.m.
Res ctfuIly submitted,
Peggy
Secretary, Zoning Board of Adjustment
Passed and Approved on / , 2015.
V�Ce Chairman, Zoning Board of Adjustment