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HomeMy WebLinkAbout1-6-22 BA Minutes * M I N U T E S * BOARD OF ADJUSTMENT January 6, 2022 City Hall, 801 Main Street A meeting of the Board of Adjustment was held on January 6, 2022 and called to order at 3:05 p.m. with the following members present: Chairman Dana Timaeus Board Member Jeff Beaver Board Member Joey Hilliard Board Member Rogers Sorrell Jr. Alternate Board Member Christopher Jones Board Members absent: Board Member Tom Rowe Alternate Board Member Christy Amuny Also present: Demi Engman, Senior Planner Sharae Reed, First Assistant City Attorney Catherine Allen, Recording Secretary APPROVAL OF MINUTES Board Member Hilliard moved to approve the minutes for December 2, 2021. Alternate Board Member Jones seconded the motion. The motion to approve the minutes carried 5:0. SWEARING IN OF WITNESSES All witnesses were sworn in at 3:05 p.m. PUBLIC HEARING 1) File PZ2021-416: To consider a request for a Variance to the required front yard setback to be reduced from 25’ to 5’ and the exterior side yard setback to be reduced from 15’ to 4.5’ for a main structure in R-S (Residential Single-Family) zoning. Applicant: JWTC JW Turner Construction, Ltd. for Angelica Carrier Location: 1102 Long Avenue Mrs. Engman presented the staff report. JW Turner Construction, Ltd, on behalf of Angelica Carrier, is requesting a variance for the property located at 1102 Long Avenue. The property is zoned Residential Single-Family (R-S) and therefore requires a 25’ building setback from the front property line and an exterior side yard setback for a main structure. The applicant is requesting a variance to the front yard setback to be reduced from 25’ to 5’. Additionally, they are requesting a variance to the exterior side yard setback to be reduced from 15’ to 4.5’. BOARD OF ADJUSTMENT January 6, 2022 1102 Long Avenue has a lot depth of 70’ and width of 37.5’. Our minimum lot requirements for a parcel located in the R-S zoning district are 50’ in width and 100’ in depth. Therefore, this lot is less than the required minimums per our City ordinances Sec. 28.03.024 District Area and Height Regulations. JW Turner Construction, Ltd is a local company. They have participated in the General Land Office (GLO) Disaster Recovery Program to facilitate building structurally sound homes and mitigate future flooding hazards for citizens’ homes that have been affected by natural disasters. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met: A) That the granting of the variance will not be contrary to the public interest; B) That literal enforcement of the ordinance will result in unnecessary hardship because of exceptional narrowness, shallowness, shape topography or other extraordinary or exceptional physical situation or hardship physical condition 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, and the hardship must not result from the applicant or owner’s actions; and C) That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. Slides of the subject property and site plan were shown. Twenty-seven (27) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero responses were received in favor or opposition. Brief discussion followed concerning the proposed setback and how it is measured. The applicant was present. Karl Gassen, representing JWTC JW Turner Construction, 14215 Mary Jane Lane, Tomball, TX addressed the Board. He stated that this project was through the GLO program and that the current setbacks are ten (10) feet on the side, seventeen (17) feet on the front and five (5) feet on the back. He confirmed the measurements of the proposed home. Finally, he stated that the GLO requires either a wheelchair ramp or lift and that the homeowner chose a wheelchair lift. Board Member Beaver asked if the property owner understood and supported the proposal and Mr. Gassen confirmed this to be the case. 2 BOARD OF ADJUSTMENT January 6, 2022 Angelica Carrier, 1102 Long Avenue, addressed the Commission. She stated that she is the homeowner. She added that the contractor had explained the plan to her. Ms. Carrier stated that she agrees with the plans and requests approval of the request. The public hearing on this item was closed without further comment. Alternate Board Member Jones moved to approve the request for a variance to the required front yard setback to be reduced from 25’ to 5’ and the exterior side yard setback to be reduced from 15’ to 4.5’ for a main structure in R-S (Residential Single-Family) zoning, as requested in File PZ2021-416. Board Member Hilliard seconded the motion. A roll call vote was taken. Chairman Timaeus-Aye, Board Member Beaver-Aye, Board Member Hilliard-Aye, Board Member Sorrell-Aye, Alternate Board Member Jones-Aye. The motion to approve passed 5:0. 2) File PZ2021-439: To consider a request for a Variance to the perimeter landscaping requirements and the required rear yard setback to be reduced from 15’ to 5’ in GC-MD (General Commercial Multiple-Family Dwelling) zoning. Applicant: Charles Shajari for Jamil M. Akeel Location: 4705 Magnolia Avenue Mrs. Engman presented the staff report. Charles Shajari is in the design process for a convenience store to be located at 4705 Magnolia Avenue. The west property line is adjacent to RM-H (Residential Multiple Family – Highest Density) district. The Zoning Ordinance requires a ten (10) foot landscaped buffer between commercial developments and residential zoning districts. The applicant claims the interior of the building will be anywhere from 28’ to 38’, which will leave limited retail space. Therefore, he requests a variance along the west property line to eliminate the perimeter landscaping requirements and reduce the rear setback from 15’ to 5’. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met: A) That the granting of the variance will not be contrary to the public interest; B) That literal enforcement of the ordinance will result in unnecessary hardship because of exceptional narrowness, shallowness, shape topography or other extraordinary or exceptional physical situation or hardship physical condition 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, and the hardship must not result from the applicant or owner’s actions; and C) That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. 3 BOARD OF ADJUSTMENT January 6, 2022 Slides of the subject property and site plan were shown. Twenty-four (24) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero responses were received in favor or opposition. The applicant was present. Charles Shajari, 87 Interstate 10 N Suite 115, addressed the board. He referred to the site plan and stated that the cooler in the back of the convenience store will encroach ten (10) feet, thus causing the need for the variance and landscape waiver. He added that without approval of the variance, the store would be too shallow and parking would be adversely affected. Alternate Board Member Jones asked if the cooler will be fenced in. Mr. Shajari stated that there will be a fence behind the store, but that the cooler will not be specifically fenced in. He added that another property next to the subject property will be making a similar request. The public hearing on this request was closed without further comment. The board discussed the case amongst themselves. Mrs. Engman added that there was a variance in 1982 which allowed a zero foot setback for a convenience store. Alternate Board Member Jones moved to approve the request for variance to the perimeter landscaping requirements and the required rear yard setback to be reduced from 15’ to 5’ in GC-MD (General Commercial Multiple-Family Dwelling) zoning, as requested in File PZ2021-439. Board Member Beaver seconded the motion. A roll call vote was taken. Chairman Timaeus-No, Board Member Beaver-Aye, Board Member Hilliard-Aye, Board Member Sorrell-Aye, Alternate Board Member Jones-Aye. The motion to approve carried 4:1. OTHER BUSINESS None. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 3:24 p.m. 4