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* M I N U T E S *
BOARD OF ADJUSTMENT
February 7, 2019
City Hall, 801 Main Street
A Meeting of the Board of Adjustment was held on February 7, 2019 and called to order at 3:03 p.m.
with the following members present:
Chairman Dana Timaeus
Board Member Jeff Beaver
Alternate Board Member Christy Amuny
Alternate Board Member Tom Rowe
Alternate Board Member Lee Smith
Board Members absent: Board Member Joey Hilliard
Also present: Adina Josey, Senior Planner; Fran Malvo, Recording Secretary,
Tyrone Cooper, City Attorney
APPROVAL OF MINUTES
Alternate Board member Amuny made a motion to approve the minutes for January 3, 2019.
Alternate Board member Smith seconded the motion. Motion to approve the minutes carried
5:0.
SWEARING IN OF WITNESSES
PUBLIC HEARING
1) File 735-BA: Consider a request for a Variance to the minimum rear setback in an RM-H
(Residential Multiple Family Dwelling-Highest Density) District from 25’ to 15’.
Applicant: Baxsen Builders, L.L.C.
Location: 3855 Central Pointe
Mrs. Josey presented the staff report. Ross Hansen has applied for a Variance to the minimum
rear yard setback for the property located at 3855 Central Pointe Drive. The property is zoned
RM-H (Residential Multiple Family Dwelling-Highest Density) and therefore requires a 25
foot rear setback.
In 2007, a plat was filed for Pointe’ Park, a cluster housing development. As the market quickly
changed, so did the demand for housing. In 2011 and 2013, several plats were filed creating
standard single family lots for the west half of the original subdivision. These new single
family lots vary in depth, some are 110 feet deep, and some are 120 feet deep. The lots in
question are 110 feet deep. Minimum lot depth for RM-H districts is 100 feet, so the minimum
lot depth is not an issue. At least one house has been built, to code, on one of the 110 foot deep
BOARD OF ADJUSTMENT
February 7, 2019
lots.
Mr. Hansen states that the narrowness of the lots limits design flexibility.
The applicant shall have the burden of proof to demonstrate that all three conditions necessary
for approval have been met.
Twenty-six (26) notices were mailed to property owners within 200 feet of the subject property.
One was received in favor and none received in opposition.
Discussion followed regarding a discrepancy with the address of the subject property and the
posted news notice. The discrepancy was resolved. Slides of the subject property were shown.
Mrs. Josey stated that the lots are 60 feet wide. She also stated that since the lot is on the
corner, the footage for the side setback is more. No other questions or comments were made.
The applicant was present but did not address the Board. Discussion followed amongst the
board members. Discussion followed regarding rezoning the lots. Alternate Board Member
Smith made a motion to approve the request for a Variance to the minimum rear setback in an
RM-H (Residential Multiple Family Dwelling-Highest Density) District from 25’ to 15’ as
requested for File 735-BA. Alternate Board member Amuny seconded the motion. Motion to
approve carried 4:1 (Timaeus).
2) File 736-BA: Consider a request for a Variance to the maximum owner identification sign
height in a GC-MD (General Commercial-Multiple Family Dwelling) District from 50’ to 70’.
Applicant: Amir Halai
Location: 2440 Interstate Highway 10 East
Mrs. Josey presented the staff report. Amir Halai is requesting a Variance to allow a 70’ tall
sign at 2440 Interstate Highway 10 East. Plans have been submitted to construct a new Burger
King restaurant at this location. Mr. Halai states that due to an existing billboard, a 50’ tall sign
would not be visible.
The applicant shall have the burden of proof to demonstrate that all three conditions necessary
for approval have been met.
Slides of the subject property were shown. Nine (9) notices were mailed to property owners
within 200 feet of the subject property. No responses were received in favor and one was
received in opposition. Hussain Shakir, 16611 W. Little York Rd, Houston, TX, representative
of SB Signs addressed the Board. A brief discussion followed regarding the height of the sign.
No questions or comments. Alternate Board Member Amuny made the motion to approve the
request for a Variance to the maximum owner identification sign height in a GC-MD (General
Commercial-Multiple Family Dwelling) District from 50’ to 70’ as requested for File 736-BA.
Alternate Board Member Smith seconded the motion. Motion to deny carried 3:2 (Amuny,
Comment \[FM1\]: Motion to approve
Smith).
failed. 2:3(Timaeus, Beaver & Rowe)
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BOARD OF ADJUSTMENT
February 7, 2019
OTHER BUSINESS
None.
THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT
3:36 p.m.
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