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HomeMy WebLinkAbout2-7-02 BA Minutes*MINUTES* BOARD OF ADJUSTMENT February 7, 2002 City Council'Cbambers A meeting of the Board of Adjustment was held on February 7, 2002 at 3:00 p.m. with the following members present: Board Member Bob Harris Board Member Lamar Roach Board Member Dohn LaBiche Board Member Mary Jowers Board Members absent: Board Member Georgine Guillory Alternate Member Joey Hilliard Also present: Stephen Richardson, Planning Manager; Lane Nichols, City Attorney; Jill Cole, Recording Secretary; Adina Abshire, Planning Technician APPROVAL OF MINUTES Board Member Roach made a motion to approve the minutes of the December 6, 2001 Public Hearing. Alternate Member Hilliard seconded the motion. Motion to approve carried 4:0. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File 468-BA: A request for a variance to the 25' front building setback requirement of Chapter 30-25 B. 1. for an existing house in an RS (Residential Single Family Dwelling) District. Location: 11340 Edgewater Applicant: Jerome Vogel BOARD OF ADJUSTMENT February 7, 2002 Mr. Richardson told the Board that the request is for a variance to the 25' front building setback to allow a 19' 8" front yard at 11340 Edgewater Drive. Mr. Vogel, the property owner, is requesting a variance in order to move his house forward on his lot. Mr. Vogel has experienced extensive erosion on the rear of his property from Pine Island Bayou. The erosion ' has damaged his rear yard to the point that his house is undermined and sinking. All the consultants he has dealt with have recommended that moving the house is the only alternative to saving the house. The house now sits 31 feet from the front property line. The house needs to be moved approximately 11 feet. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for a variance have been met. Ten notices were mailed to property owners within 200 feet. Two responses in favor and none in opposition were returned to staff. Board Member Harris opened the public hearing and asked for the applicant's comments. Jerome Vogel, the applicant, addressed the Board. Mr. Vogel has hired Brown Engineering of Houston to evaluate his house and property. In response to Mr. Harris, Mr. Vogel said he has already lost 3' of his property to the bayou. Board Member Harris asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Board Member LaBiche made a motion to approve a variance to the 25' front building setback requirement of Chapter 30-25 B. 1. for an existing house in an RS District at 11340 Edgewater as requested in File 468-BA. Board Member Jowers seconded the motion. The vote on the motion follows: Board Member Harris - For Board Member LaBiche - For Board Member Jowers - For Board Member Roach - For The motion to approve the variance as requested in File 468-BA carried 4:0. N BOARD OF ADJUSTMENT February 7, 2002 2) File 470-BA: A request for a variance to the height requirement for an existing owner identification sign in the Oaks Historic District. Location: 2525 Liberty Applicant: Wanda Kendall Mr, Richardson told the Board that the applicant is requesting a variance to the height requirement for a non -conforming owner identification sign at 2525 Liberty in the Oaks Historic District. The existing sign is 6' 10" tall. A maximum height of 6' is permitted. Ms. Kendall, the owner, has operated Social Work Services at this location for 12 years. The sign was installed prior to the creation of Phase II of the Oaks Historic District. The applicant shall have the burden of proof to demonstrate that all three conditions for a variance have been met. Twenty-three notices were mailed to property owners within 200 feet. Three responses in favor and two in opposition were returned to staff. Mr. Richardson did state that the responses in opposition were opposed to businesses in general at that location, not necessarily the sign. Slides of the subject property were shown. Board Member Harris opened the public hearing and asked for the applicant's comments. Roger Kendall, the applicant, addressed the Board on behalf of his wife, Wanda Kendall. Board Member Harris asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Discussion between Board members followed. Board Member Roach made a motion to approve a variance to the height requirement for an existing owner identification sign in the Oaks Historic District at 2525 Liberty as requested in File 470-BA. Board Member Jowers seconded the motion. The vote on the motion follows: Board Member Harris - For Board Member LaBiche - For Board Member Jowers - For Board Member Roach - For 3 BOAPLD OF ADJUSTMENT February 7.2002 The motion to approve the variance as requested in File 470-BA carried 4:0. 3) File 471-BA: A request for variances to the height and area requirements for an existing owner identification sign in the Oaks Historic District. Location: 2505 Laurel Street Applicant: Hubert McCray Mr. Richardson stated that this item is a request for variances to the height requirement and the area requirement of a non -conforming owner identification sign at 2505 Laurel in the Oaks Historic District, The existing sign is 7' tall and 15 square feet in area. The ordinance allows a maximum height of 6' and 12 square feet in area. Mr. McCray, the owner, has operated a Farmer's Insurance office at this location since 1995. The sign was installed prior to the creation of Phase II of the Oaks Historic District. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for a variance have been met. Twenty-six notices were mailed to property owners within 200 feet. Three notices in favor and none in opposition were returned to staff. Slides of the subject property were shown. Board Member Harris opened the public hearing and asked for the applicant's comments. Hubert McCray, the applicant, addressed the Board. Mr. McCray said that the sign was designed to fit in with the surrounding neighborhood. Discussion followed between Mr. McCray and the Board regarding the size of the sign. The sign is approximately 15 square feet. In response to Board Member Roach, Mr. Richardson said if Mr. McCray's insurance office closed, the sign would be grandfathered if a new business moved into that location. Board Member Harris asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Board Member Jowers made a motion to approve the variances to the height and area requirements for an existing owner identification sign in the Oaks Historic District at 2505 Laurel as requested in File 471-BA. Board Member LaBiche seconded the motion. The vote on the motion follows: 4 BOARD OF ADJUSTMENT February 7, 2002 Board Member Harris - For Board Member Roach - For Board Member LaBiche - For Board Member Jowers; - For The motion to approve the variances as requested quested in File 471-BA carried 4:0. 4) File 472-BA: A request for a special exception to Section 30-27 to waive the off-street parking requirement for a beauty shop in an RM-H (Residential Multiple Family Dwelling - Highest Density) District. Location: 2310 Morrison Applicant: Jason Steinberg Mr. Richardson stated that this item is a request for a special exception to the parking requirements for a beauty shop at 2310 Morrison. Ms. Solomon, the owner, is requesting this special exception to the requirement of providing four parking spaces at the rear of her property. A specific use permit was granted by the Planning Commission and City Council that allows a beauty shop at the rear of Ms. Solomon's property. Ms. Solomon operated a barbershop at the exact location for many years. That barbershop has been closed for a number of years. Ms. Solomon's granddaughter wishes to operate a beauty shop at this location now. The rear of the property sits at the dead-end of Porter Street. Historically, parking for the barbershop occurred in this right-of-way. The Council granted the specific use permit subject to the waiver of the parking requirement of the abandonment of right-of-way for parking. Abandoning the right-of-way would require the dividing of it between the three neighbors that abut the right-of-way. Its debatable whether that would solve the issue. Discussion between the Board members followed. Forty notices were mailed to property owners within 200 feet. One response in favor and none in opposition were returned to staff. Slides of the subject property were shown. BOARD OF ADJUSTMENT February 7, 2002 Board Member Harris opened the public hearing and asked for comments in favor or in opposition. Edgar Perkins, 2290 Perkins, addressed the Board in favor of the request. The public hearing was closed. Board Member Roach made a motion to approve a special exception to Section 30-27 to waive the off-street parking requirement for a beauty shop in an RM-H District at 2310 Morrison as requested in File 472-BA. Board Member LaBiche seconded the motion. The vote on the motion follows: Board Member Harris - For Board Member Roach - For Board Member LaBiche - For Board Member Jowers - For The motion to approve the special exception as requested in File 472-BA carried 4:0. 5) File 473-BA: A request for a variance to the rear building setback for a new home encroaching to within 13' 4" within the rear lot line in an RS (Residential Single Family Dwelling) District. Location: 435 27'h Street Applicant: Donald Farnie This item is a request for a variance to the 15' rear yard requirement to allow a 13' 4" rear yard -at 435 27" Street. Mr. Farnie, the owner, is requesting this variance in order to rebuild his house. The previous house was demolished due to mold problems caused by flooding last year. He wants to remain on his property and building a house of comparable size. Because of the preferred orientation of the house on a corner lot, Mr. Farnie is having trouble fitting the house on the property under current regulations. In RS Districts, the Zoning Ordinance allows for a reduction of the 25' rear yard to 15' provided no accessory buildings of any type are located in the reduced rear yard. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for a variance have been met. 2 BOARD OF ADJUSTMENT February 7, 2002 Twenty-one notices were mailed to property owners within 200 feet. One response in favor and one in opposition were returned to staff. Mr. Richardson read the response in opposition and stated that the property owner was apparently confused about the request. Slides of the subject property were shown. Board Member Harris opened the public hearing and asked for the applicant's comments. (Swearing in of Mr. Farnie.) Donald Farnie, the applicant, addressed the Board. Board Member Harris asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Board Member LaBiche made a motion to approve a variance to the rear building setback for a new home encroaching to within 13' 4" within the rear lot line in an RS District at 435 27Ih Street as requested in File 473-BA. Board Member Roach seconded the motion. The vote on the motion follows: Board Member Harris - For Board Member LaBiche - For Board Member lowers - For Board Member Roach - For The motion to approve the variance as requested in File 473-BA carried 4:0. 6) File 474-BA: A request for a variance to the required setback for an owner identification sign encroaching to within 0' of the property line in a GC -MD (General Commercial - Multiple Family Dwelling) District, Location: 1610 IH-10 East Applicant: Spurg LLC/The Place This item is a request for a variance to the 10' sign support setback to allow a new sign at the property line at 1610 IH-10 East. Mr. Wallace, the property owner, is building a new Conoco convenience store at the northwest corner of Gulf and IH-10 East. 7 tr BOARD OF ADJUSTMENT Febnmry 7, 2002 A pricing sign is proposed at the southeast corner of the property. The supports will be 10' from the property line along Gulf Street but will be up to the property line on the IH- 10 access road. The applicant states that because of State and City mandated entrance and exit points, flexibility in sign placement has been greatly diminished. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for a variance have been met. Five notices were mailed to property owners within 200 feet. No responses in favor or in opposition were returned. Slides of the subject property were shown. Board Member Harris opened the public hearing and asked for the applicant's comments. Reginald Wallace, the applicant, addressed the Board and answered questions from Board members regarding location of price sign and possible alternatives. Mr. Wallace said that the Traffic Manager stated that the curb cuts must remain the same as the Chevron station. Board Member Jowers; made a motion to approve a variance to the required setback for an owner identification sign encroaching to within 0' of the property line in a GC -MD District at 1610 IH-10 East as requested in File 474-BA. Board Member Roach seconded the motion. The vote on the motion follows: Board Member Harris - Against Board Member LaBiche - Against Board Member Jowers - For Board Member Roach - Against The motion to approve the variance as requested in File 474-BA failed 3: 1, OTHER BUSINESS THERE BEING NO FURTHER BUSINESS. THE MEETING WAS ADJOURNED AT 4:25 P. M.