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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 2 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. 3 BOARD OF ADJUSTMENT March 5, 2020 th 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 th 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 th 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 th 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. 4 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. 5