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HomeMy WebLinkAbout3-3-22 BA Minutes * M I N U T E S * BOARD OF ADJUSTMENT March 3, 2022 City Hall, 801 Main Street A meeting of the Board of Adjustment was held on March 3, 2022 and called to order at 3:00 p.m. with the following members present: Chairman Dana Timaeus Board Member Jeff Beaver *arrived at 3:02 p.m. Board Member Joey Hilliard Board Member Tom Rowe Board Member Rogers Sorrell Jr. Alternate Board Member Christopher Jones Board Members absent: Alternate Board Member Christy Amuny Also present: Adina Josey, Senior Planner Sharae Reed, City Attorney Catherine Allen, Recording Secretary APPROVAL OF MINUTES Board Member Rowe moved to approve the minutes for February 3, 2022. Board Member Hilliard seconded the motion. The motion to approve the minutes carried 5:0. SWEARING IN OF WITNESSES All witnesses were sworn in at 3:02 p.m. PUBLIC HEARING 1) File PZ2022-18: To consider a request for a Variance to reduce the perimeter landscaping buffer and eliminate the required trees to the rear property line. Applicant: Charles Shajari for Naeem Akhtar Location: 4797 Magnolia Avenue Mrs. Josey presented the staff report. This case was tabled from the February 3, 2022 agenda by the applicant due to quorum size. Charles Shajari is in the design phase for a new convenience store to be located at 4797 Magnolia Avenue. A portion of the west property line is adjacent to an RM-H (Residential Multiple Family – Highest Density) district. As displayed on the site plan provided, Mr. Shajari requests a Variance to BOARD OF ADJUSTMENT March 3, 2022 the residential perimeter landscape buffer for the portion of the west property line adjacent to RM-H to be reduced from 10’ to 5’ and to eliminate the required trees within it. Staff discovered this property received an approved Variance in 1982 for the rear yard setback to be reduced from 10’ to 0’. In 2000, Council adopted Sec. 28.04.006 landscaping and screening requirements which require a 10’ landscaped buffer between commercial developments and residential zoning districts. The applicant claims the proposed building will have an exterior depth of 40’, leaving 25’ of retail space inside the building. If the residential landscape buffer is required then they will have to encroach into the required spacing for proper traffic flow within the parking lot. 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-five (25) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero responses were received in favor or in opposition. Discussion followed concerning the history of the case and the landscape buffer requirements. Discussion continued between the Board and staff to confirm that the Variance runs with the land rather than the business and that the decision before the Board would be whether or not to waive or reduce the perimeter landscape buffer and tree requirements. The applicant was present. Charles Shajari with Benchmark Plans and Associates, representing Naeem Akhtar, 87 Interstate 10 N Suite 115, addressed the Board. He stated that the building is designed to have 40’ of residential space and that to meet the parking requirements and allow room for ingress and egress, the variance is needed so that the building will not have to be reduced. He requested that the landscape buffer be waived. In response to Chairman Timaeus’s question, Mr. Shajari confirmed that the retail space will be 35’ not 25’ that was stated in the staff report. 2 BOARD OF ADJUSTMENT March 3, 2022 Discussion followed to confirm the specifics of the request. The Board discussed the case amongst themselves. Board Member Hilliard moved to approve the request for a variance to reduce the perimeter landscaping buffer from 10’ to 5’ and eliminate the required trees to the rear property line, as requested in File PZ2022-18. Board Member Sorrell seconded the motion. A roll call vote was taken. Chairman Timaeus-Aye, Board Member Beaver-Aye, Board Member Hilliard-Aye, Board Member Rowe-Aye, Board Member Sorrell-Aye. The motion to approve passed 5:0. 2) File PZ2022-19: To consider a request for a Variance to the required front yard setback to be reduced from 20’ to 10’. Applicant: Ashley Clark, Stonewater Inc. for HARRIS ARTHUR LEE Location: 2405 Tulane Street Mrs. Josey presented the staff report. This case was tabled from the February 3, 2022 agenda due to a discrepancy with the site plan. Ashley Clark, representing Stonewater Inc., is requesting a Variance for the property located at 2405 Tulane Street. The property is zoned GC-MD (General Commercial – Multiple Family Dwelling) district and therefore requires a 20’ building setback from the front property line for all structures. The applicant is requesting a Variance to the front yard setback to be reduced from 20’ to 10’. The applicant claims this lot is exceptionally smaller than the average GC-MD lot and also oddly shaped. Stonewater, Inc. is a company based in Galveston, TX. 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. 3 BOARD OF ADJUSTMENT March 3, 2022 Twenty-five (25) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero responses were received in favor or in opposition. The applicant was present. Hayden Hernandez, representing SLS 6702 Broadway Street, Galveston, TX, addressed the Board. He stated that this is a GLO home and that due to the small lot size, they have used the smallest GLO floorplan available, but still need the variance in order to complete the project. Board Member Beaver moved to approve the request for a variance to the required front yard setback to be reduced from 20’ to 10’, as requested in File PZ2022-19. 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 Rowe-Aye, Board Member Sorrell-Aye. The motion to approve passed 5:0. 3) File PZ2022-29: To consider a request for a Variance to the required rear yard setback to be reduced from 25’ to 3.64’. Applicant: Israel Mendiola Jr. Location: 5495 Greenbriar Ln Chairman Timaeus stated that Board Member Rowe would be abstaining from voting on this item due to a possible conflict of interest and therefore Alternate Board Member Jones would vote so that the quorum would be maintained for this item. Mrs. Josey presented the staff report. Israel Mendiola Jr. is requesting a Variance for the property located at 5495 Greenbriar Ln. The property is zoned Residential Single-Family (R-S) and therefore requires a rear yard setback of 25’ for a main structure. The applicant is requesting the rear yard setback to be reduced from 25’ to 3.64’. The appraiser for the home discovered there was an addition completed without the benefit of a Variance sometime prior to 2003. Staff does have records of a Variance being filed by the U.S. Department of Housing and Urban Development (HUD) in October 2003. They requested permission to keep the encroachment of 6” into the 5’ side setback and the encroachment of 22’2” into the rear setback. The Board approved the side setback request; however, they denied the rear setback request. Mr. Mendiola Jr. is now in the process of selling a home to a buyer. However, the buyer’s lender will not grant the home loan to the house due to the nonconformity of the existing rear yard encroachment, as it was never granted approval. 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 4 BOARD OF ADJUSTMENT March 3, 2022 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 survey 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 in opposition. Discussion followed concerning the previous variance and the history of the property. th The applicant was present. Israel Mendiola Jr., 720 S 24 Street, Kingsville, TX, addressed the Board. He stated that due to a hardship, he and his family have had to move from the subject property and are in the process of selling it. He added that they do have buyers, who are currently leasing the home pending the sale, but that the buyer’s lending company will not approve the loan unless the variance is granted. Mr. Mendiola added that he has owned the home since around 2016 and that the addition was already present when he purchased it. Tim Williams of Keller Williams Realty, 6310 Delaware Street, addressed the Board. He stated that the appraisal done in 2016 did not catch the encroachment and that the property has changed hands at other times without anyone catching the encroachment. He stated that this addition is not a hardship to the home or the surrounding community. Board Member Beaver asked if the variance could be worded to only be granted for the current addition and not any future encroachment. Ms. Reed replied that the Board could add that language, but that it may not be enforceable in the future. Further discussion followed concerning the history of the addition to the home and where easements may be located. Board Member Hiliard moved to approve the request for a variance to the required rear yard setback to be reduced from 25’ to 3.64’, as requested in File PZ2022-29. Alternate Board Member Jones seconded the motion. A roll call vote was taken. Chairman Timaeus-No, Board Member Beaver-No, Board Member Hilliard-Aye, Board Member Sorrell-No, Alternate Board Member Jones-Aye. The motion to approve failed 2:3. OTHER BUSINESS None. 5 BOARD OF ADJUSTMENT March 3, 2022 THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 3:41 p.m. 6