HomeMy WebLinkAbout12-7-17 BA Minutes
* M I N U T E S *
BOARD OF ADJUSTMENT
December 7, 2017
City Hall, 801 Main Street
A Meeting of the Board of Adjustment was held on December 7, 2017 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 Lee Smith
Board Members absent: Alternate Board Member Christy Amuny
Alternate Board Member Tom Rowe
Also present: Adina Josey, Senior Planner; Fran Malvo, Recording Secretary,
Sharae Reed, Assistant City Attorney
APPROVAL OF MINUTES
Board Member Beaver made a motion to approve the minutes from the November 2, 2017
Regular Meeting. Board Member Hilliard seconded the motion. Motion to approve carried 4:0.
SWEARING IN OF WITNESSES
PUBLIC HEARING
The applicants were informed that four favorable votes are needed in order to pass an item. They were
given the opportunity to present or defer their cases based on the number of board members present.
1) File 724-BA: Consider a request for a Variance to the required 10 foot wide landscaped buffer
at the rear of the property.
Applicant: Mark Maher, Jr. for International Union of Operating Engineers, Local 450
Location: Between 5925 and 5955 Caswell Road
Mrs. Josey presented the staff report.
The International Union of Operating Engineers, Local 450, plans to construct a new lodge between
5925 and 5955 Caswell Road. The property backs up to a residential district and is therefore required
by ordinance to maintain a 10 foot wide landscaped buffer along the rear property line. On behalf of
Local 450, Mark Maher, Jr., is requesting a variance to this 10 foot wide landscaped buffer. The
applicant intends to use the space for additional parking and rear access to the structure.
Per the zoning of the property and size of the proposed structure, regulations require 12 off street
BOARD OF ADJUSTMENT
December 7, 2017
parking spaces. The proposed site plan includes 27 parking spaces, 3 being parallel parking spaces
across the front of the property. The 3 parallel parking spaces, 9 feet wide, could be removed. In
addition, per ordinance, half of the 6 foot wide landscaped buffer at the front property line can be on
the city right-of-way. The entire site plan could be moved forward 12 feet on the lot, leaving more
than sufficient room for the required 10 foot landscaped buffer at the rear of the property.
The applicant shall have the burden of proof to demonstrate that all three conditions necessary for a
variance have been met.
Slides of the subject property were shown. Fourteen (14) 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. A brief discussion followed. The applicant, Mark Maher, P.O. Box 1410, Mount Belvieu,
TX addressed the Board. Mr. Maher is the Business Rep for Local 450. Mr. Maher stated that there
was a Pre-Development meeting several months ago regarding the landscape buffer.
He stated that instead of having 10 feet of grass he wishes to have 8 feet of concrete and 2 feet of
grass. The neighbor that opposed the Variance expressed concerns of standing water in her back yard.
Mr. Maher stated that during the Pre-Development meeting, he was told that he is required to have
underground draining. Mr. Ollie Walker, 6020 Marcus Drive, addressed the Board. Mr. Walker spoke
in favor of the request. Mr. Walker stated that he would agree to the terms of the Variance on the
condition that the 8 foot fence is installed. A brief discussion followed. Board member Hilliard made a
motion to approve a request for a Variance to the required 10 foot wide landscaped buffer at the rear of
the property as requested for File 724-BA. Board member Smith seconded the motion. Motion to deny
Comment \[FM1\]: The motion should
carried 3:1 (Timaeus).
read motion to approve failed 3:1
Di
(Timaeus).There were only 4 board
members present.
S OTHER BUSINESS
None.
THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT
3:39 p.m.
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