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HomeMy WebLinkAbout6-4-15 BA Minutes * M I N U T E S * BOARD OF ADJUSTMENT June 4, 2015 City Hall, 801 Main Street A Regular Meeting of the Board of Adjustment was held on June 4, 2015 and called to order at 3:05 p.m. with the following members present: Chairman Dana Timaeus Board Member Kelli Maness Board Member Joey Hilliard Board Member Mary Jowers Alt. Board Member Christy Amuny Board Members absent: None Also present: Adina Ward, Planner II; Fran Malvo, Recording Secretary; Sharae Reed, Senior Assistant City Attorney APPROVAL OF MINUTES Board Member Maness made a motion to approve the minutes of the Regular Meeting held March 5, 2015. Board Member Hilliard seconded the motion. Motion to approve carried 5:0. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File 685-BA: Request for a variance to the minimum side yard setback requirement of 5 feet to 2 feet. Location: 975 Ewing Street Applicant: URS c/o Zach Martin Ms. Ward presented the staff report. 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 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 narrowness 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-two notices were mailed to property owners within 200 feet of the subject property. No responses in opposition and one in favor were returned. Chairman Timaeus opened the public hearing and asked for comments. Jenn Mattingly, with Southeast Texas Regional Planning Commission, spoke on behalf of the applicant URS. Ms. Mattingly addressed the Board. Discussion followed. Ms. Mattingly stated that the existing structure goes over the line; however they only need a 1’ within the 5’ allowed. Ms. Mattingly stated they are only asking for 3’ instead of the entire 5’. Chairman Timaeus closed the public hearing. Board Member Amuny made a motion to approve the request for a variance to the minimum side yard setback requirement of 5 feet to 2 feet on the property at 975 Ewing Street as requested in File 685-BA. Board Member Jowers seconded the motion. Motion to approve carried 5:0. 2.) File 686-BA: To consider a request for a Special Exception to waive the minimum off-street parking. Location: 2597 McFaddin Avenue Applicant: SSR Real Estate Investments, LLC Ms. Ward presented the staff report. SSR Real Estate Investments, LLC, has applied for a special exception to waive off-street parking requirements for the property at 2597 McFaddin Avenue. Special exception (c.) allows a waiver to off-street parking when the Board finds the same is unnecessary for the proposed use of the building for which the request applies. SSR Real Estate Investments, LLC, made application to the Planning & Zoning Commission for a Specific Use Permit to allow a Real Estate office at this address on April 20, 2015. The Commission voted to approve the request, pending approval of a waiver to the off-street parking requirements. The property was previously used as a dentist office. Parking in the rear yard was accessed by permission of the neighbor to the West. Access by these means is no longer possible, and the property is not wide enough to accommodate a driveway in the side yard. Slides were shown. Twenty-five notices were mailed to property owners within 200 feet of the subject property. On response in opposition was received and one response in favor was returned. The notice in opposition states the parked vehicles in front yards are already a problem. More on street parking will only exacerbate the problem. Applicant was present. Tanir Ashrafi at 2597 McFaddin Avenue addressed the Board. Chairman Timaeus addressed Mr. Ashrafi and questioned what type of traffic does he anticipates. Mr. Ashrafi replied that he would simple be doing office work alongside his wife. Chairman Timaeus also inquired if the Special Exception is granted, does it follow the user or the owner. Attorney Sharae Reed replied it depends what the property is being used for. Discussion between Chairman Timaeus and Ms. Ward followed. Discussion followed between the Board Members. Chairman Timaeus opened the public hearing and asked for the applicant’s comments. Board Member Amuny made a motion to approve a request for a Special Exception to waive the minimum off –street parking requirements for the property at 2597 McFaddin Avenue as requested in File 686-BA.Board Member Jowers seconded the motion. The motion to approve carried 5:0. 3) File 687-BA: Request for a variance to the maximum height requirement for a sign. Location: 2210 IH-10 South Applicant: Tri-Con, Inc. Ms. Ward presented the staff report. TRI-CON, Inc. has applied for a variance to the maximum height allowed for a sign in a GC-MD (General Commercial - Multiple Family Dwelling) district. The maximum height allowed by ordinance is 50' and TRI-CON, Inc., is asking for a 70' sign. Mr. Elias Sarkis, President of TRI-CON, Inc., states that a 50' sign would have limited visibility due to trees and the Interstate Highway 10 South, overpasses & on ramps. According to Mr. Sarkis, persons traveling on the Highway would not view the sign in sufficient time to access the property. He feels a 70' sign would be visible before the necessary exit. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for a variance have been met. Slides were shown. Nine (9) notices were mailed to property owners within 200 feet of the property. Three (3) responses in favor of were received and no responses in opposition were received. Ron Nicholas was present and was sworn in. Mr. Nicholas is the Operations Manager/New Construction Supervisor and represents Tri-Con, Inc. at 2210 IH10-South. Mr. Nicholas addressed the Commission. Chairman Timaeus opened the public hearing and asked for comments in favor or against. The public hearing was closed. Discussion followed between the Board Members. Board Member Amuny made a motion to approve a request for a Variance to the maximum height requirement for a sign as requested in File 687-BA. Board Member Hilliard seconded the motion. Chairman Timaeus abstained his vote. Motion to approve carried 4:1. 4) File 688-BA: Request for a Variance to the minimum side yard setback from 2’6” to 2’. Location: 231 Manor Avenue Applicant: Robert G. and Carol Miller Ms. Ward presented the staff report. Robert G. & Carol Miller have applied for a variance to the minimum side yard setback for their property at 231 Manor Avenue. The Millers would like to build an addition onto an existing storage room to create a garage. The storage room sits 2.09 feet from the side property line. The proposed expansion would be set back 2'1" from the side property line. Although the minimum side setback in RS (Residential Single Family Zoning) districts is 5 feet for a single story structure, regulations allow detached structures in the rear yard to have a 2'6" side setback. Once the existing carport and patio cover are removed, the storage room and new garage will be a fully detached structure allowing the 2'6" side setback. Essentially, they are only requesting to be 6 inches closer than might otherwise be allowed. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for a variance have been met. Slides were shown. Thirty-three notices were mailed to property owners within 200 feet of the subject property. None in favor were received and one in opposition was received. Discussion followed between Ms. Ward and Chairman Timaeus. The applicant, Robert G. Miller at 231 Manor Ave. was present and addressed the Board. Mr. Miller stated that eventually he and his wife have plans to demolish the home and build another on the same property. Bob Wortham was in opposition of the Variance and was present. Mr. Wortham misunderstood where the Millers wanted to build his new home. Board Member Maness made a motion to approve the request for a Variance to the minimum side yard setback from 2’6” to 2’ as requested in File 688-BA. Board Member Jowers seconded the motion. Motion to approve carried 5:0. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 4:07P.M.