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HomeMy WebLinkAbout2-3-22 BA Minutes * M I N U T E S * BOARD OF ADJUSTMENT February 3, 2022 City Hall, 801 Main Street A meeting of the Board of Adjustment was held on February 3, 2022 and called to order at 3:03 p.m. with the following members present: Chairman Dana Timaeus Board Member Jeff Beaver Board Member Tom Rowe Board Member Rogers Sorrell Jr. Board Members absent: Board Member Joey Hilliard Alternate Board Member Christy Amuny Alternate Board Member Christopher Jones Also present: Demi Engman, Senior Planner Sharae Reed, City Attorney Catherine Allen, Recording Secretary APPROVAL OF MINUTES Board Member Beaver moved to approve the minutes for January 6, 2022. Board Member Sorrell seconded the motion. The motion to approve the minutes carried 4:0. SWEARING IN OF WITNESSES All present witnesses were sworn in at 3:04 p.m. PUBLIC HEARING The applicant for PZ2022-18 was not present. Therefore, PZ2022-19 was heard first. 1) File PZ2022-19: To consider a request for a Variance to the required front yard setback to be reduced from 20’ to 10’11”. Applicant: Ashley Clark, Stonewater Inc. for HARRIS ARTHUR LEE Location: 2405 Tulane Street Chairman Timaeus informed the applicant that with only four (4) members present, an approval would require a unanimous vote. He explained the applicant’s options of continuing the meeting with the members present or postponing to a future meeting. The applicant chose to continue with the meeting. BOARD OF ADJUSTMENT February 3, 2022 Mrs. Engman presented the staff report. Ashley Clark, representing Stonewater Inc., is requesting a variance for the property located at 2405 Tulane Street. The property is zoned GC-MD (General Commercial – Multiple Family Dwelling) district and therefore requires a 20’ building setback from the front property line for all structures. The applicant is requesting a variance to the front yard setback to be reduced from 20’ to 10’11”. The applicant claims this lot is exceptionally smaller than the average GC-MD lot and also oddly shaped. Stonewater, Inc. is a company based in Galveston, TX. They have participated in the General Land Office (GLO) Disaster Recovery Program to facilitate building structurally sound homes and mitigate future flooding hazards for citizens’ homes that have been affected by natural disasters. 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. Twenty-five (25) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero responses were received in favor or in opposition. Discussion followed to clarify the measurements of the setbacks. Discussion continued about the variance possibly needing an amendment. Ms. Reed confirmed that because notification only went out about the variance as it is on the agenda, it could not be amended at this meeting. The applicant was present. Jennifer Foreman, representing Stonewater Inc., 6480 Eastex Fwy Suite A- 1, addressed the Board. She stated that she was willing to wait until a future meeting if needed to resolve the discrepancy. After further brief discussion concerning the specifics of the setbacks, the Board came to a consensus to table the item until a future meeting. 2) File PZ2022-18: To consider a request for a Variance to reduce the perimeter landscaping buffer and eliminate the required trees to the rear property line. Applicant: Charles Shajari for Naeem Akhtar 2 BOARD OF ADJUSTMENT February 3, 2022 Location: 4797 Magnolia Avenue Chairman Timaeus explained that Mr. Shajari had not yet been sworn in and also explained that the applicant bears the burden of proof to demonstrate that the conditions for a variance to be granted. Chairman Timaeus also informed the applicant that with only four (4) members present, an approval would require a unanimous vote. He explained the applicant’s options of continuing the meeting with the members present or postponing to a future meeting. The applicant chose to postpone the request. The item was tabled until a future meeting. OTHER BUSINESS None. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 3:20 p.m. 3