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HomeMy WebLinkAbout05182000 ZBA Minutes• ~ ZONING BOARD OF ADJUSTMENT City Council Chamber 3800 LJIVIVERSITY BOULEVARD MEETING MINUTES May 18, 2000 7:30 p. m. ~ • I. MEMBERS PRESENT: Sue Porretto (voting), Frank Billings (voting), Steve Mazoff (voting), Mark Plagens (voting), Mike Neal (voting), Carolyn Panebiano and Steven Segal (votin ) II. MEMBERS ABSENT: Bill Richardson, Rich Langenstein and John Grubb III. STAFF PRESENT: Neslihan Bilir Tesno and Ron Wicker IV. CALL TO ORDER: 7:38 r-~t Agenda Item Discussion Action 1 ' Protocol Sue Porretto called the meeting to order. Protocol for the meeting was discussed and those persons wishing to speak regarding an agenda items were sworn in. Neslihan Bilir Tesno, secretary was also swom in. IVeslihan Bilir Tesno reported that al] notices [or this meeting had been properly posted in accordance with State Law and City Ordinance. Frank Billings moved to accept that notices had been properly posted and distributed for this meeting. Mark Plagens seconded. All voted aye. Motion passed. 2 Hearing of the Public Majorie B. Offield, 2812 Amherst, applicant, presented her Frank Billings moved to close the evidentiary . Docket 00-I 1 for Majorie B. case for the proposed variance request. Several questions portion of the hearing. Mark Plagens Offield, 2812 Amherst for were ask by the board members. seconded and motion passed with all ayes. variance. David Feldmeyer, contractor for Ms Offield presented the After considerable discussion, Franlc Billings technical aspects of the request. He answered several board moved to deny the proposed variance, members questions. seconded by Mike Neal, motion passed with Curry Roberts, 6007 Pineforest spoke in favor of the ~~ ayes. variance request as a potential buyer. 1Veslihan Tesno presented the staff report, which recommended denial of the requested variance. This site is in violation of the Zoning Ordinance, Section ] 0-100 which requires an enclosed or semi-enclosed gazage space. Staff found that this variance if allowed would be contrary to the public interest due to the close proximity to an adjacent property line. Alfonso and Sandy Varela, 2808 Amherst, spoke against the proposed variance. Concerns expressed were proximity to their property, drainage and physical impacts. He felt that there were other options available. Mr. and Mrs. George Reynolds, 2908 Amherst, spoke against the proposed variance because they felt that it could have an affect on the unique character of the neighborhood. Neslihan Tesno Read a letter of opposition. Applicant Marjorie Offield made closing comments Applicant representative David Feldmeyer further explained the construction of the carport. 3 Matters reladng to the Shell Somosa, 2711 Fenwood, applicant presented her Frank Billings moved to close the evidentiary re uest for pocket 00-12, re uest for the s cial exce tion. ortion of the hearin . Mike Neal seconded • ~~ U . (2711 Fenwood), Special No one else spoke for or against the request. the motion and it passed with all ayes. Exception to grant PNC Neslihan Tesno presented the staff recommendation which (prior non-conforming) was: After discussion, Steven Segal moved to status which would "The required side yazd setback for this lot at the time of grant special exception with stipulations as authorize the projection of permital was 3 feet for a garage. This structure projects .1 noted, seconded by Mark Plagens, motion an existing gazage into the feet into the side yard setback and .5 feet into the rear 5 foot passed with all ayes. side yard setback of .1 feet easement. 1'he existing principal building and garage were and the rear yard setback of permitted in 1984 and constructed in apparent violation of .5 feet into the required 5 city ordinances. A Certificate of Occupancy was issued in feet. 1985. No record could be found of any variances granted for this property when the house was built. It appears that this structure was built with full disclosure to the city. Therefore, staff believes this request meets the criteria outlined in Section 12-102 (e) of the City's Zoning Ordinance. Staff recommends granti.ng the request for special exception with the sdpulation that the special exception is recorded with the Harris County Deed Records and an aqueisance for easement be ranted from the ci . 4 Matters relating to the . request for pocket 00-13 Barry Ballard , 2628 Quenby, presented his request for Frank Billings moved to close the evidentiary (2628 Quenby). Request for Special Exception and Variance. portion of the hearing. Mike Neal seconded, special exception to grant motion passed with all ayes. PIVC (prior non-conforming) Neslihan Tesno presented the staff recommendation, which status which would was " The existing principal building was permitted in 1992 After discussion, Frank Billings moved to authorize the projection of and constructed in apparent violation of city ordinances. A grant the special exception, seconded by the existing principal Certificate of Occupancy was issued in 1993. No record Steven Segal, motion passed with all ayes. building into the rear yard could be found of any variances granted for this property and/or a request for variance when the house was built. lt appears that this structure was Frank Billings moved to deny the request for to allow an addition to the built with full disclosure to the city (see attached permit, variance, seconded by Mike Neal. The principal building into the form survey and certificate of occupancy). Therefore staff motion for denial was approved by a vote of rear yard. believes this request meets the criteria outlined in section 12- 4 ayes and 1 no. With Porretto, Billings, 102 (e) of the City's Zoning Ordinance. Staff recommends Plagens and Neal voting for and Steven Segal granting the request for special exception with the stipulation voting against. that the special exception be recorded with the Harris County Deed Records. and The request for variance for the projection into the rear yazd of 7.5 to 9 feet and not project past the existing gazage. The lot is only 82-88 feet in depth compared to the average 100 foot deep lots. The size and shape of the lot creates a hardship for the owner. Staff recommends granting the request for variance with the stipulation that the variance be recorded in the Harris County Deed Records. 6 . Matters relating to the approval of minutes. Sue Porretto ask that the minutes be corrected with the spelling oC her name with two r's. Sue Poiretto moved to accept the minutes as corrected, 2°d by Frank Billings, motion passed 7. Adjournment None Steven Segal moved to adjoum, 2 by Mike (9:20 p.m.) IVeal, motion passed. •