HomeMy WebLinkAbout3-5-20 BA Minutes
* M I N U T E S *
BOARD OF ADJUSTMENT
March 5, 2020
City Hall, 801 Main Street
A Meeting of the Board of Adjustment was held on March 5, 2020 and called to order at 3:01 p.m.
with the following members present:
Chairman Dana Timaeus
Board Member Jeff Beaver
Board Member Joey Hilliard
Alternate Board Member Tom Rowe
Alternate Board Member Lee Smith
Alternate Board Member Sandy Pate
Board Members absent: Board Member Christy Amuny
Also present: Katrina Purcell, Planner I
Adina Josey, Senior Planner
Thomas Duesler, Senior Assistant City Attorney
Catherine Allen, Recording Secretary
APPROVAL OF MINUTES
Chairman Timaeus moved to approve the minutes for November 7, 2019 with one correction.
Board Member Beaver seconded the motion. The motion to approve the corrected minutes
carried 5:0.
SWEARING IN OF WITNESSES
*Board Member Hilliard arrived to the meeting at 3:05 pm, thus replacing Alternate Board Member
Pate for voting purposes.
PUBLIC HEARING
1) File 750-BA: Consider a request to allow a Variance to the minimum rear setback from 25 feet
to 15 feet.
Applicant: Lee Guseman of Guseman Construction LTD
Location: 3870 West Pointe Drive
Mrs. Purcell presented the staff report. Lee Guseman, of Guseman Construction LTD, is
requesting a Variance to the rear setback for the property located at 3870 West Pointe Drive. The
property is zoned RM-H (Residential Multiple Family Dwelling - Highest Density) and therefore
requires a 25 foot rear setback.
BOARD OF ADJUSTMENT
March 5, 2020
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 replats 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, 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 lots.
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. A brief discussion was held between the
Board and staff regarding previous variances in the area. Nine (9) notices were mailed to property
owners within 200 feet of the subject property. One response was received in favor and no responses
were received in opposition. Discussion between the Board and staff followed regarding the
possibility of rezoning the whole area for future development needs.
The applicant, Lee Guseman, of Guseman Construction, addressed the board. Mr. Guseman stated that
he is the owner of the property and provided additional pictures and blueprints to the Board. He also
discussed other structures in the area that have been built with variances. He explained that he would
like to build a nice home with a 1936 square foot living area, 3 bedroom, 2 ½ bath with a large back
porch. Discussion within the Board followed regarding the other variances in the area.
Board Member Beaver moved to approve the Variance to the minimum rear setback from 25 feet to 15
feet, as requested for File 750-BA. Alternate Board Member Smith seconded the motion. A roll call
vote was taken. Chairman Timaeus-Aye, Board Member Beaver-Aye, Board Member Hilliard-Aye,
Board Member Rowe-Aye, Alternate Board Member Smith-Aye. The motion to approve carried 5:0.
2) File 751-BA: Consider a request to allow a Variance to the minimum rear setback from 25 feet
to 13 feet.
Applicant: Ross Hansen of Baxsen Builders LLC
Location: 3850 West Pointe Drive
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BOARD OF ADJUSTMENT
March 5, 2020
Mrs. Purcell presented the staff report. Ross Hansen has applied for a variance to the minimum rear
yard setback for the property at 3850 West 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 replats 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, 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 lots.
Mr. Hansen states that the narrowness of the lot limits design flexibility.
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. Six (6) notices were mailed to property
owners within 200 feet of the subject property. One response was received in favor and no responses
were received in opposition. Brief discussion was held concerning the width of the lot and the setback
requirements.
The applicant, Ross Hansen of Baxsen Builders, addressed the Board. Mr. Hansen explained that the
setback requested is different from other homes in the area but that it is needed due to deed restrictions,
the layout of the property and the location of a tree and a transformer on the property.
Alternate Board Member Smith moved to approve the request for a Variance to the minimum rear
setback from 25 feet to 13 feet, as requested for File 751-BA. 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, Alternate Board Member Smith-Aye. The motion
to approve carried 5:0.
3) File 752-BA: Consider a request to allow a Variance to the minimum side yard setback from 5
feet to 0 feet from the proposed lot lines.
Applicant: Mark Fertitta, Agent for General Petroleum Co.
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BOARD OF ADJUSTMENT
March 5, 2020
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Location: 2850 Laurel, 2755 Liberty, 205 – 215 N 11 St
Mrs. Purcell presented the staff report. Mark Fertitta, an Agent for General Petroleum Co, has applied
for a variance to the minimum side yard setbacks for the properties at 2850 Laurel, 2755 Liberty, and
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205-2015 N 11 Street. The property is zoned GC-MD (General Commercial-Multifamily Dwelling)
and therefore requires a 5 foot side yard setback . The existing structures were built very close to one
another. The applicant is proposing to split this lot. However, if approved, this subdivision would
create the setback violation discussed here. Therefore, a Variance to the side yard setbacks must be
obtained first.
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 were shown. Discussion followed regarding the number of buildings, if
they are connected and the Variance needed. Eight (8) notices were mailed to property owners within
200 feet of the subject property. Five (5) responses were received in favor and no responses were
received in opposition. Discussion followed concerning the effect of the proposed variance on future
development and use of the building in question. The Board and staff discussed how to word the
Variance to ensure that it will be limited to the current building.
The applicant, Mark Fertitta, 175 W Caldwood, addressed the board. Mr. Fertitta explained the history
of the previous ownership and uses of the buildings. He stated that the fire marshal has gone through
the structures and that there is some separation between the buildings, including a firewall. He also
stated that Bando’s is trying to purchase part of the building. Finally, he explained that with this
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project he hopes to add value to the community as a continued effort to revitalize 11 Street.
Discussion was held between the applicant and the Board concerning the common walls and the need
for a zero lot line. Further discussion followed regarding the effect of the Variance on future
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development, proposed changes from the Texas Department of Transportation and 11 Street projects.
The Board then discussed some clarification of site plan specifics and how to properly word the motion
to limit the effect of the Variance to the current building.
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BOARD OF ADJUSTMENT
March 5, 2020
Board Member Rowe moved to approve the request allowing a Variance to the minimum side yard
setback from 5 feet to 0 feet from the proposed lot lines limited to those portions of the survey that are
lines designated L2, L3, L4, L5, and the lot line shown as 88° 0’ 51” E for a distance of 61.21 feet, all
of which is a boundary between buildings as they exist at March 5, 2020, as requested for File 752-BA.
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, Alternate Board
Member Smith-Aye. The motion to approve carried 5:0.
OTHER BUSINESS
None.
THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT
3:44 p.m.
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