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HomeMy WebLinkAbout3-3-16 BA Minutes * M I N U T E S * BOARD OF ADJUSTMENT March 3, 2016 City Hall, 801 Main Street A Regular Meeting of the Board of Adjustment was held on March 3, 2016 and called to order at 3:06 p.m. with the following members present: Chairman Dana Timaeus Board Member Jeff Beaver Board Member Mary Jowers Board Member Joey Hilliard Alt. Board Member Lee Smith Alt. Board Member Tom Rowe Board Members absent: Board Member Kelli Maness Alt. Board Member Christy Amuny Also present: Adina Ward, Planner II; Raymond Rowzee, Planner I, Fran Malvo, Recording Secretary, Tyrone Cooper, City Attorney APPROVAL OF MINUTES Board Member Jowers made a motion to approve the minutes from the January 7, 2016 meeting. Board Member Hilliard seconded the motion. Motion to approve carried 5:0. Although there were six board members present, two of the board members were alternates and only one of the two alternates was allowed to vote. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File 698-BA: Consider a Special Exception to reduce the off-street parking requirements. Location: Gateway Plaza Shopping Center, 3871 Stagg Drive Applicant: Karl Uherek of Levinson Alcoser Associates, L.P. Ms. Ward presented the staff report. Karl Uherek, representing Levinson Alcoser Associates, L.P., is requesting a Special Exception to reduce the off-street parking requirements of 3871 Stagg Drive. Three outparcels have been platted at the edge of the Stagg Drive, and plans are being made to construct freestanding business on these parcels. Board of Adjustment March 3, 2016 Once existing parking spots have been eliminated with the new construction, the remaining parking spaces will not meet the required number of spaces for the combined parking needs of the existing Gateway shopping center, and the new business. The Special Exception is needed to allow construction on the newly platted outparcels. Slides of the subject property were shown. Twenty-eight (28) notices were mailed to property owners within 200 feet of the subject property. Seven (7) responses were received in favor and no responses were received in opposition. Chairman Timaeus asked if anyone had any questions or comments for the case. Lawrence Levinson representing Levinson Alcoser Associate Architects of Houston, spoke on behalf of the owner of Gateway Plaza Shopping Center, Tom Lombard. Mr. Levinson stated that they will be building a new building for Safelite Auto and that Jason’s Deli will be moving out of the shopping center and into a newly built freestanding restaurant located on the parking lot. The old Hollywood Video building will be vacated and approximately 3,000 square feet will be added to the structure and the vacant portion of the building will be renovated for a new medical doctor’s office, University of Texas Physician’s Associates. After the three buildings are complete, the parking ratio will be less than the 5.5 cars per thousand square feet which is what the ordinance requires over a certain square footage. The parking ratio will be approximately 4.9 cars per thousand square feet. Mr. Levinson stated with the Board’s permission, they would like to lower the parking ratio. Mr. Levinson stated that as a condition, they have plans to landscape the frontage along Stagg Drive which will create a better street view. Discussion followed. Board member Rowe asked Mr. Levinson if he had done a study of the traffic count on certain days. Board member Smith made a motion to approve a Special Exception to reduce the off-street parking requirements as requested in File 698-BA. Board Member Beaver seconded the motion. Motion to approve carried 5.0. 2) File 699-BA: To consider a request for a Variance to the minimum front yard setback from 25’ to 20’. Location: 1725 Port Street Applicant: AECOM c/o Zach Martin Ms. Ward presented the staff report. Zach Martin for URS, has applied for a Variance to the minimum front yard setback from 25’ to 20’. The property is located at 1725 Port Street. URS Corporation hires local contractors to build houses, replacing those damaged in Hurricanes Rita and Ike. In Round 1 of FEMA Disaster Recovery efforts due to Hurricanes Rita and Ike, URS was hired by SETRPC (Southeast Texas Regional Planning Commission) to manage construction in our area. Later, URS was hired by the GLO (General Land Office) to manage the CDBG (Community Development Block Grant) Round 2. Most of the structures being replaced were built in the early 2 Board of Adjustment March 3, 2016 1900’s and do not meet current setback requirements where they sit. Occasionally the lot does not meet minimum requirements for width or depth. This is the case in this request. Mr. Martin states that due to the shallowness of the property, a variance is necessary to fit a new structure at this location. 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. Thirty-eight (38) notices were mailed to property owners within 200 feet of the subject property. Two (2) responses were received in favor and three (3) responses were received in opposition. The applicant, Zach Martin was not present. Jenn Mattingly representing AECOM addressed the Board on Mr. Martin’s behalf. Mrs. Mattingly stated that AECOM merged with URS over the last year. Mrs. Mattingly stated that AECOM provides hurricane relief disaster recovery program houses funded through HUD (Housing and Urban Development).The program takes dilapidated homes, due to hurricane damage, for low income families and either repairs or replaces the home. If the home is replaced, it is demolished and reconstructed. The home has to be the applicant’s primary residence at the time the storm occurred. The homeowner has to live in the home for three years. The homes are Hurricane Ike homes. Discussion followed. Board member Hilliard made a motion to approve a Variance to the minimum front yard setback from 25’ to 20’ as requested in File 699-BA. Board member Jowers seconded the motion. Motion to approve carried 5:0. 3) File 700-BA: To consider a request for a Variance to the side yard setback from 10’ to 5.66’. Location: 1006 Magnolia Avenue Applicant: The Lord’s House Ministries Ms. Ward presented the staff report. The Lord’s House Ministries has requested a Variance to the side yard setback from 10’ to 5.66’. The church would like to enclose the front porch to enlarge their office space. The existing structure sits 5.66’ from the side yard property line. In order to line up the newly enclosed portion with the existing building, it will be necessary to encroach into the ten (10) foot side setback. The front setback in the current zoning district, GC-MD (General Commercial-Multiple Family Dwelling District) is 20 feet and will not be an issue with the porch which is set back approximately 22’ from the front property line. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for a variance have been met. 3 Board of Adjustment March 3, 2016 Slides of the subject property were shown. Twenty-two (22) notices were mailed to property owners within 200 feet of the subject property. Two responses were received in favor and no responses were received in opposition. The applicant, Winnie LeBlanc Hall and Charles Thomas who is her son and also the minister of the church, addressed the Board members. Mr. Thomas stated that the church had become an eyesore and he and his brother wanted to improve the look of the church along with adding more office space. He also replaced the steps and repainted the church. Discussion followed. Board member Hilliard made a motion to approve a request for a Variance to the side yard setback from 10’ to 5.66’ as requested in File 700-BA. Board member Smith seconded the motion. Motion to approve carried 5:0. 4) File 701-BA: To consider a request for a Variance to the minimum front yard setback from 25’ to 20’. Location: 5795 Frost Street Applicant: Larry Cheatham The applicant, Larry Cheatham was not present. Chairman Timaeus stated that in Mr. Cheatham’s absence, he and the Board agreed that they would not like to discuss the request. The Board members voted to table the request for April’s meeting. Chairman Timaeus made a motion to table the request for April’s meeting. Board member Hilliard seconded the motion. Motion to approve carried 5:0. OTHER BUSINESS None. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 4:00 P.M. 4