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HomeMy WebLinkAbout07171997 ZBA Minutes (2): ZONING BOARD OF ADJUSTMENT MINUTES FROM JULY 17, 1997 The Zoning Board of Adjustment came to order at 7:30 p.m. with the following members present: Chairperson Sue Porretto, Vice Chairperson Mike Neal, Frank Billings, Amy Chaisson Selig and David Mannon. Absent were Lee Huber and Melinda Snell. Present from the City were City Attorney James Dougherty and Building Secretary Susan Thorn. The first item on the agenda was the hearing of residents. No one wished to speak. Notices were read and participants sworn in. Michael Neal made a motion to approve the notices as posted, with Frank Billings seconding the motion. Voting in favor: Porretto, Neal, Billings, Selig and Mannon. Voting against: None. The motion carried unanimously. • The second item on the agenda was Docket No. 97-05, concerning property located at 6638 Community, Lot 7, & 1/2 of Lot 6, Block 36, Colonial Terrace Addition. A request rescheduled from June 26, 1997 for a two part variance allowing a different front and rear setback than allowed by Zoning Ordinance 1493. The request was filed by David R. Dow & Katya Glockner-Dow owners of the property. Jim Lass, Designer for the project gave the following reasons for the request: "My clients David and Katya Dow currently reside at 3820 Oberlin and have purchased 6638 Community with plans to build their new home there. One of the reasons was the 32" oak tree in the front yard. The clients wanted a house which fulfills their needs and yet sustains the tree. I have been working on the design for the new home since last October. According to the zoning ordinance if a garage faces a street it must be ten feet behind the front building line, which in this instance would be a total of thirty feet from the front property line. If the garage face were turned at a 90 degree angle to the street the driveway would overlap into the critical root zone of the tree. The lot is only 100 feet deep and to have a setback of thirty feet destroys the entire lot. I tried to achieve the best for the neighborhood, the streetscape and my clients. We are proposing to turn the garage front so it is at a 45 degree angle to the street. The driveway would be constructed of a material which would allow moisture to pass through. I have spoken to the neighbors on both sides and across the street from the lot to explain the proposed plan. All neighbors are in agreement to the proposed plan and finro of the neighbors are present tonight. This • plan is below the maximum framed space of 80% as required by the zoning ordinance. CHAPTER 22 Urban Forest Preservation and Enhancement ~ Sec. 22.003. Tree disposition (for buitding pe'rmits); tree surveys ~ (a) General requirement. Every permit for development or pre-development activity must contain • tree disposition conditions meeting the requirements of this section. (b) Essential and mandatory conditiorrs. Tree disposition conditions are the most important means of protecting the urban forest of the City from unreasonable harm during development and pre- development activity. Tree disposition conditions shall: (1) Prohibit removal of or damage to any large tree, except): (i) removal of a tree which is diseased, severely damaged or dead may be authorized; and (ii) damage to or removal of a tree which causes an unreasonable impediment to the use and enjoyment of the applicant's properly may be authorized; and (iii) damage to or removal of a low-value tree may be authorized. (2) Require replacement trees, to the extent provided in the criteria manual, for any large trees authorized to be Damaged or Removed. Exception: No replacement is required for low- value trees. (3) Require protection for large trees (and Critical Root Zones). The conditions may specify the methods of protection to be used. (4) Require that any authorized damage to trees be minimized and mitigated. The conditions • may specify methods of mitigation to be used. (5) Require, if there is major development, that the affected subject site attain a minimum planting standard of tree density as set forth in the criteria manual. (c) Procedure. The building official shall not issue any permit for any development or Pre- development Activity unless all the following have first occurred: (1) Tree Sutvey. The applicant must have filed a tree survey, and the urban forester must have approved it for compliance with this chapter. (2) Tree Disposition Conditions. Tree disposition conditions approved by the urban forester must have been inserted into the pernut. The urban forester may require all persons owning land where a tree is locaxed to agree to any removal of or damage to the tree authorized by the conditions. (d) "Low-impact" exception. Except for the requirement to insert the mandatory conditions, this section does not apply to a subject site, project or other activity that will not have any significant, adverse effect upon any large tree, as determined by the urban forester. h:newtreef.onn • ~ The second part of the variance request concerns the rear setback. It is normally a twenty foot setback and we are asking for a ten foot setback. I would never ask for a variance to the rear setback if it was on a normal site; however, there are no neighbors to the rear and this lot abuts railroad tracks and powerlines. Frank Billings asked, "So you want the garage to be finrenty feet from the front property line instead of thirty feet?" Jim Lass answered, "Yes, we are asking for the garage to be at the twenty foot front setback. We are setting the garage doors at an angle to soften the effect." Frank Billings asked, "What is the percentage of lot coverage?" Jim Lass replied, "Thirty -Three percent of the lot and that does include the garage." David Mannon asked, "Does the total framed area of 5700 S.F. include the garage?" Jim Lass stated, "Yes, it includes balconies, overhangs, garage etc." Sue Porretto asked, "What are the dimensions of the lot? Jim Lass stated, "75 by 100 feet." Frank Billings asked, "What is your alternative plan if these variances are denied?" Jim Lass replied, "That would be subject to my clients wishes. They bought this lot for the tree and because this location is a low traffic area." Sue Porretto asked, "Architecturally, is there another alternative?" Jim Lass explained, "It would have been impossible because of the tree to have a straight driveway and the house would be much smaller." "Michael Neal stated, "Perhaps it would be easier to address the request for variance on • the front garage setback and then the request concerning the rear setback." Sue Porretto asked, "What square footage of the house would be lost if the front of the garage faced the street?" Mr. Lass stated, "The square footage of the house would not be lost, but there would be no backyard." Sue Porretto asked, "Is the reason for the variance request because the house is greater in size than a lot with these dimensions would permit?" Jim Lass replied, "A lot this size would normally permit a house this size; however, because of the tree the house was re- oriented to the lot. With a detached garage you lose square footage." Mike Neal asked, "Did you talk to the City's Urban Forester?" Mr. Lass stated, "Yes and she provided a list of Urban Foresters who do consulting to contact about preserving the tree. The Urban Forester told me a car backing into the tree could open the tree up to bugs and disease." David Mannon asked, "Have you considered what you would do if this tree was lost during construction?" Mr. Lass answered, "We would replace the tree with a major tree, however everything possible would be done to prevent its loss." Ms. Porretto asked, "If we don't grant the variance what will you do?" Mr. Lass stated, "If the variance is not granted I am not sure what the Dows will do. They love the location and the tree." Ms. Porretto stated, "You did know when you drew up the plans what the setbacks were and you would have to obtain a variance in order to build this house?" Mr. Lass stated, "Yes I did." Michael Neal asked, "What is your hardship?" Mr. Lass stated, "My clients hardship is • they want to save the tree. By changing the front setback of the garage and the rear 2 HAPTER 22 Urban Forest Preservation and Enhancement ~, C Sec. 22.003. Tree disposition (for building pe'rmits); tree surveys (a) General requirement. Every permit for development or pre-development activity must contain • tree disposition conditions meeting the requirements of this section. (b) Essential and mandatory conditions. Tree disposition conditions are the most important means of protecting the urban forest of the City from unreasonable harm during development and pre- development activity. Tree disposition conditions shall: (1) Prohibit removal of or damage to any large tree, except): (i) removal of a tree which is diseased, severely damaged or dead may be authorized; and (ii) damage to or removal of a tree which causes an unreasonable impediment to the use and enjoyment of the applicant's property may be authorized; and (iii) damage to or removal of a low-value tree may be authorized. (2) Require replacement trees, to the extent provided in the criteria manual, for any lazge trees authorized to be Damaged or Removed. Exception: No replacement is required for low- value trees. (3) Require protection for large trees (and Critical Root Zones). The conditions may specify the methods of protection to be used. (4) Require that any authorized damage to trees be minimized and mitigated. The conditions • may specify methods of mitigation to be used. (5) Require, if there is major development, that the affected subject site attain a minimum planting standard of tree density as set forth in the criteria manual. (c) Procedure. The building offcial shall not issue any permit for any development or Pre- development Activity unless all the following have first occurred: (1) Tree Survey. The applicant must have filed a tree survey, and the urban forester must have approved it for compliance with this chapter. (2) Tree Disposition Conditions. Tree disposition conditions approved by the urban forester must have been inserted into the pemut. The urban forester may require all persons owning land where a tree is locaxed to agree to any removal of or damage to the tree authorized by the conditions. (d) "Low-impact" exception. Except for the requirement to insert the mandatory conditions, this section does not apply to a subject site, project or other activity that will not have any significant, adverse effect upon any large tree, as deternuned by the urban forester. h:newtreef.ornz ~ • setback of the house they can do this and also provide more greenspace befinreen the houses. David Dow, property owner stated, "If the variance is denied we could not build the house we want and save the tree; however, we are not sure if we would sell the lot or what the final decision would be." The following persons spoke in favor: Dow Hudlow - 6642 Community stated the following: The tree mentioned is almost in our yard next door. We have seen the plans and are happy with them. We feel this is better than what was there before and we think it is well worth it." Dennis Butler - 4235 Riley stated the following: "I have lived in the neighborhood for two years and feel it would be an enhancement to the neighborhood." Les Albin - 3817 Southwestern stated the following: "I have been doing some cost studies for the Dows. They are spending a lot of money to try to save the tree." One letter was received in favor from Carol Hudlow of 6642 Community. Chief Building Official Dennis Holm was not present at the hearing. Frank Billings read the • following Staff Recommendations provided to the Zoning Board of Adjustment by Chief Building Official Dennis Holm: "The owners Mr. David R. Dow and Ms. Katya G. Dow are requesting variances to the requirements for an additional ten (10) foot setback for a front loading garage and the twenty (20) foot rear setback. Section 7-101 of Zoning Ordinance 1493 states "Table 7-2. yards (or setbacks), item: Rear yard , Distance from rear property line: 20 ft.; and Article 10, Parking Areas, Driveways and Loading Areas, Section 10-100. Off-Street Parking. (b) SF sites. (6) Garage openings, front. No door or opening into garage space may face the front street line unless all of the garage space is locate ten feet or more behind the front yard." No correspondence was received in opposition. Amy Chaisson Selig made a motion to close evidentiary portion of the hearing, with Mike Neal seconding the motion. Voting in favor: Porretto, Neal, Billings, Selig and Mannon. Voting against: None. The motion carried unanimously. The third item on the agenda was Docket No. 97-07, concerning property located at 3707 . Wroxton, Lot 8, Block 6, Sunset Terrace Addition. A request for variance to allow different HAPTER 22 Urban Forest Preservation and Enhancement ~ C Sec. 22.003. Tree disposition (for building permits); tree surveys (a) General requirement. Every permit for development or pre-development activity must contain - tree disposition conditions meeting the requirements of this section. (b) Essential and mandatory conditions. Tree disposition conditions are the most important means of protecting the urban forest of the City from unrea.sonable harm during development and pre- development activity. Tree disposition conditions shall: (1) Prohi6it removal of or damage to any large tree, except): (i) removal of a free which is diseased, severely damaged or dead may be authorized; and (ii) damage to or removal of a tree which causes an unreasonable impediment to the use and enjoyment of the applicant's property may be authorized; and (iii) damage to or removal of a low-value tree may be authorized. (2) Require replacement trees, to the extent provided in the criteria manual, for any large trees authorized to be Damaged or Removed. Exception: No replacement is required for low- value trees. (3) Require protection for large trees (and Critical Root Zones). The conditions may specify the methods of protection to be used. (4) Require that any authorized damage to trees be minimized and mitigated. The conditions • may specify methods of mitigation to be used. (5) Require, if there is major development, that the affected subject site attain a minimum planting standard of tree density as set forth in the criteria manual. - (c) Procedure. The building official shall not issue any permit for any development or Pre- development Activity unless all the following have first occurred: (1) Tree Survey. The applicant must have filed a tree survey, and the urban forester must have approved it for compliance with this chapter. (2) Tree Disposition Conditions. Tree disposition conditions approved by the urban forester must have been inserted into the pemut. The urban forester may require all persons owning land where a tree is located to agree to any removal of or damage to the tree authorized by the conditions. (d) "Law-impact" exception. Except for the requirement to insert the mandatory conditions, this section does not apply to a subject site, project ar other activity that will not have any significant, adverse effect upon any large tree, as determined by the urban forester. h:newtreef.orm • ~ side setbacks than required by Zoning Ordinance 1493. This request was filed by Margaret Young owner of the property. Frank Billings made a motion to approve the notices as posted, with Amy Chaisson Selig seconding the motion. Voting in favor: Porretto, Neal, Billings, Selig and Mannon. Voting against: None. The motion carried unanimously. Dan French of the Hettig company represented the Youngs, who could not attend the hearing. Mr. French gave the following as the reason for the request: "A permit was issued in 1991 to construct the home; however, the house was never built. Plans were submitted again in May of 1997 and they were rejected because the setbacks did not meet the requirements of the present zoning ordinance. We are asking the house be allowed to be built according to the original plans, due to the time required to design a new house. If the house were re-configured to the lot it would make the house appear oblong. If the variance is not granted we would re-design the house and reduce its square footage." Frank Billings asked, "What is the square footage of the proposed house?" Mr. French ~ replied, "The square footage of the house is 6500 s.f." David Mannon asked, "What is the square footage of the lot? " Mr. French replied, "The square footage of the lot is 8524 s.f. It meets the 80% framed area requirement." Mr. Billings stated, "So, if the request for variance is rejected, what you will do is go back and redesign the plans and re-orient the house on the lot and perhaps reduce the square footage?" Mr. French stated, "Yes." David Mannon asked, "When were these original plans drawn?" Mr. French stated, "I am not certain of the date the plans were drawn; however, the permit was issued in 1992 and I believe they were drawn sometime before then." No one spoke in favor of the application. One letter was received in favor from Carol Garnett of 3815 Wroxton. Mike Neal read the following staff recommendations provided by the Chief Building Official Dennis Holm: The owner Ms. Margaret M. Young is requesting a variance from the interior side yard setbacks of 10%. The original permit was issued September 6, 1991 as permit number 9102607 and renewed by permit number 9200647 on March 3, 1992. After this date no record of any further action is found. The original drawing approved by the City had a 5'4" setback on the east side and a 5'0" setback on the west side. The original side setbacks were not correct as indicated. Zoning Ordinance No. 1298 in effect at the time of the original permit required the following: Article 7, Residential Districts, Section 7-100 Single-Family District. (e) Site Criteria, 91) Setback areas. (ii) The interior side setback . area, being the area within a certain distance from any side property line (not a side street 4 HAPTER 22 Urban Forest Preservation and Enhancement ~ C Sec. 22.003. Tree disposition (for building pe'rmits); tree surveys (a) General requirement. Every permit for development or pre-development activity must contain ~ tree disposition conditions meeting the requirements of this section. (b) Essential and mandatory conditions. Tree disposition conditions are the most important means of protecting the urban forest of the City from unreasonable harm during development and pre- development activity. Tree disposition conditions shall: (1) Prohibit removal of or damage to any large tree, except): (i) removal of a tree which is diseased, severely damaged or dead may be authorized; and (ii) damage to or removal of a tree which causes an unreasonable impediment to the use and enjoyment of the applicant's property may be authorized; and (iii) damage to or removal of a low-value tree may be authorized. (2) Require replacement trees, to the extent provided in the criteria manual, for any large trees authorized to be Damaged or Removed. Exception: No replacement is required for low- value trees. (3) Require protection for large trees (and Criticat Root Zones). The conditions may specify the methods of protection to be used. (4) Require that any authorized damage to trees be minimized and mitigated. The conditions • may specify methods of mitigation to be used. (5) Require, if there is major development, that the affected subject site attain a minimum ptanting standard of tree density as set forth in the criteria manual. (c) Procedure. The building official shall not issue any pernut for any development or Pre- development Activity unless all the following have first occurred: (1) Tree Survey. The applicant must have filed a tree survey, and the urban forester must have approved it for compliance with this chapter. (2) Tree Disposition Conditions. Tree disposition conditions approved by the urban forester must have been inserted into the permit. The urban forester may require all persons owning land where a tree is located to agree to any removal of or damage to the tree authorized by the conditions. (d) "Low-impact" exception. Except for the requirement to insert the mandatory conditions, this section does not apply to a subject site, project or other activity that will not have any significant, adverse effect upon any large tree, as determined by the urban forester. h:newtreef.orm • ~ line). The interior side setback area is determined as follows: Width of Building Site: 75 feet or more, but less than 100 feet: (width is: a building site, the length of the front street line and in this case 82.0 feet wide) The lesser of: (a) 5 feet, plus half the distance by which the width of the building site exceeds 75 feet; or (b) 7 feet. The lot is 82.0 feet in ' with; therefore, exceeding the 75 feet by 7 feet. This would equal the 5 feet plus 3.5 feet or 8.5 feet. This, however exceeds the other alternative of 7'; therefore, the side setback should have been 7' of the interior dimension. This permit nor the proposed structure was give PNC prior nonconforming) status; therefore, PNC cannot be applied to something which did not receive it in the first place. As presented by Zoning Ordinance 1493, Article 12. Prior Nonconformities, Section 12-102. Acquiring PNC status (b) Work under construction and last paragraph: In case of non-compliance with side yard regulations based on 10% of the building site width as stated in the "Yards" table adopted in December 1994: (A) the time to acquire the entire building site is extended through May 31, 1995, and (B) the time to file applications for permits is extended through September 29,1995." Frank Billings asked the City Attorney: "How long is a building permit good for?" Mr. Dougherty stated, "One year with a possible extension." Three letters received in opposition from the following persons: Georgia E. Wren & T. Kevin McConn of 3708 Wroxton, Phillip Niccum of 3704 Wroxton and Cecil J. Olmstead of 3711 Wroxton. • Frank Billings made a motion to close the evidentiary portion of the hearing with Mike Neal seconding the motion. Voting in favor: Billings, Porretto, Neal, Selig and Mannon. Voting against: None. The motion carried unanimously. The fourth item on the agenda was Public Hearing of Docket No. 97-08, concerning property located at 3127 Lafayette, Lot 2, Block 3, Rice Court Addition. A request for variance to allow a different side setback than required by Zoning ordinance 1493. This request was filed by Charles Ham owner of the property. Frank Billings made a motion to approve the notices as posted, with Amy Chaisson Selig seconding the motion. Voting in favor: Billings, Porretto, Neal, Selig and Mannon. Voting against: None. The motion carried unanimously. • HAPTER 22 Urban Forest Preservation and Enhancement ~ C Sec. 22.003. Tree disposition (for building permits); tree surveys (a) General requirement. Every pernut for development or pre-development activity must contain ~ tree disposition conditions meeting the requirements of this section. (b) Essential and mandatory conditions. Tree disposition conditions are the most important means of protecting the urban forest of the City from unreasonable harm during development and pre- development activity. Tree disposition conditions shall: (1) Prohibit removal of or damage to any large tree, except): (i) removal of a tree which is diseased, severely damaged or dead may be authorized; and (u) damage to or removal of a tree which causes an unreasonable impediment to the use and enjoyment of the applicant's properiy may be authorized; and (iii) damage to or removal of a low-value tree may be authorized. (2) Require replacement trees, to the extent provided in the criteria manual, for any large trees authorized to be Damaged or Removed. Exception: No replacement is required for low- value trees. (3) Require protection for large trees (and Critical Root Zones). The conditions may specify the methods of protection to be used. (4) Require that any authorized damage to trees be minimized and mitigated. The conditions • may specify methods of mitigation to be used. (S) Require, if there is major development, that the affected subject site attain a minimum planting standard of tree density as set forth in the criteria manual. ~ (c) Procedure. The building official shall not issue any permit for any development or Pre- development Activity unless all the following have first occwred: (1) Tree Survey. The applicant must have filed a tree survey, and the urban forester must have approved it for compliance with this chapter. (2) Tree Disposition Conditions. Tree disposition conditions approved by the urban forester must have been inserted into the pernut. The urban forester may require all persons owning land where a tree is located to agree to any removal of or damage to the tree authorized by the conditions. (d) "Low-impact" exception. Except for the requirement to insert the mandatory conditions, this section does not apply to a subject site, project or other activity that will not have any significant, adverse effect upon any large tree, as determined by the urban forester. h:newtreef.orm • ~ The property owner Charles Ham gave the following as the reason for his request: "My house at 3127 Lafayette was built in 1983. My family and I have lived there six months. My wife is an aspiring artist and attends the Glassell School of Art and my daughter is currently dancing with the Houston Ballet Academy. It was always our intent to build an addition over the garage to serve as a studio to meet the needs of my family. It was a shock to learn the updated survey showed the existing garage encroaches 1.2" into the side setback. We are requesting a variance to allow the existing garage to remain and construct a second story above. Additionally the house also encroaches 1.2" into the side setback. We have no intention to remodel the house; however, this could possibly cloud our title in the event we decide to sell." John Culpepper, architect for the project, presented plans illustrating the proposed addition. Mr. Culpepper stated, "I spoke to the Chief Building Official Dennis Holm and Mr. Holm told me no remodeling could be done to the garage because it is an illegal structure. The slab itself is okay but the wood siding is encroaching 1.2" into the setback. The projection schedule allows window sills and other items to encroach but not the siding. We are asking first to allow the garage to remain as is and secondly to add a second floor to the garage without having to jog it in 1.2." Michael Neal asked, "On your proposed plan you show the roof overhang encroaches even more into the side setback." John Culpepper stated, "Eaves can encroach 15" into the • setback." Frank Billings asked, "Do you know what structures are on the property directly behind your garage?" Debbie Ham, property owner stated, "There is a fence and then no structures are near the property line on the adjoining property. The proposed second story would have all the windows facing the back of our house." David Mannon asked, "What is the square footage of the existing garage?" Debbie Ham replied, "The square footage of the house and garage is 2700 s.f. The garage itself is 22.2 x 21.1 feet. All the buildings on the site meet the 80% framed area requirement." John Culpepper stated, "If the variance is not granted we would not be able to build a second story on the garage at all. W e like to be able to construct the second story and also have it encroach 1.2" if the variance were granted. We would prefer not to have to jog it in and cover it with flashing, because the structural engineer may have a problem with the second story meeting the 90 mph wind load requirement if this were done. It would be a lot easier just to go straight up." ~ No correspondence was received in favor. Amy Chaisson Selig read the Building Official's staff recommendations: "The owner, Charles W. Ham, is requesting a variance of .1 foot for the existing garage and main ~ building at the above shown address. These two structures were permitted on August 16, 6 CHAPTER 22 Urban Forest Preservation and Enhancement • Sec. 22.003. Tree disposition (for building pe'rmits); tree surveys (a) General requirement. Every permit for development or pre-development activity must contain ~ tree disposition conditions meeting the requirements of this section. (b) Esseniial and mandatory conditions. Tree disposition conditions are the most important means of protecting the urban forest of the City from unrea.sonable harm during development and pre- development activity. Tree disposition conditions shall: (1) Prohibit removal of or damage to any large tree, except): (i) removal of a~ree which is diseased, severely damaged or dead may be authorized; and (ii) damage to or removal of a tree which causes an unreasonable impediment to the use and enjoyment of the applicant's properly may be authorized; and (iii) damage to or removal of a low-value tree may be authorized. (2) Require replacement trees, to the extent provided in the criteria manual, for any large trees authorized to be Damaged or Removed. Exception: No replacement is required for low- value trees. (3) Require protection for large trees (and Critical Root Zones). The conditions may specify the methods of protection to be used. (4) Require that any authorized damage to trees be minimized and mitigated. The conditions • may specify methods of mitigation to be used. (5) Require, if there is major development, that the affected subject site attain a minimum planting standard of tree density as set forth in the criteria manual. (c) Procedure. The building official shall not issue any permit for any development or Pre- development Activity unless all the following have first occurred: (1) Tree Survey. 'The applicant must have filed a tree survey, and the urban forester must have approved it for compliance with this chapter. (2) Tree Disposition Conditions. Tree disposition conditions approved by the urban forester must have been inserted into the pernut. The urban forester may require all persons owning land where a tree is located to agree to any removal of or damage to the tree authorized by the conditions. (d) "Low-impact" exception. Except for the requirement to insert the mandatory conditions, this section does not apply to a subject site, project or other activity that will not have any significant, adverse effect upon any large tree, as determined by the urban forester. h:newtreef.onn -__J • 1983. As shown on the survey provided, the west side of the garage is only 2.9 feet from the west side property line and on the east side of the main building it too is only 2.9 feet from the east side property line. Mr. Ham is asking for a variance to both side property lines and this would allow for the construction of a second floor to the existing garage, ' which is now a one story frame garage. The existing buildings plus the new addition will be within the 80% framed area rule. Zoning Ordinance No. 1493, Article 7. District-Specific Regulations, Section 7-101. Regulations Tables, Etc. (b) Projections. Table 7-2 yards (or 'setbacks'), Item: Interior side yard; Distance from side property line (each side), Note 2. Narrow Site "3/&" Exception which affects the main building and Table 7-7 Projections Schedule, page ii, Note 5. Garages in Side Yards. The zoning requirements for Ordinance No. 1493 are the same as the ordinance requirements in place at the time this structure was built, ordinance No. 111 with changes. The City requests the requirements of Zoning Ordinance No. 1493 be met or the request for variances be granted by the Zoning Board of Adjustment." Frank Billings asked the City Attorney: "What are the side setback requirements for a lot 50 feet wide?" Mr. Dougherty replied, "You are allowed to have a three foot side setback on a garage in the rear yard if you use the three/seven setback exception. An eave may encroach 24" into the side yard with the exception that no item below the eave may be closed than 36" to the side property line." • Les Albin Vice Chairman of the Zoning and Planning Commission stated: "During the past year the Zoning and Planning Commission has been made aware of minor deviations becoming fairly common. The Zoning and Planning Commission has attempted to come up with perhaps a suggestion for three inch variance; however, it has never been presented to the City Council. The most difficult aspect of this is whether the violation is intentional or not." Sue Porretto stated, "In this case we have a purchaser who bought the lot and this was the way it was." David Mannon asked, "If the variance were not granted would you consider tearing it down?" Ms. Ham stated, "We discussed what would we do if the variance were not granted. All we could come up with was it would cost so much money we would not be able to do that." Michael Neal asked, "Is this garage constructed in such a way it could hold a second floor?" Mr. Culpepper stated, "We would have to do some things to it but basically it will hold a second floor. If the variance were not granted for the 1.2" we could remove the siding, move the wall in, saw cut the concrete of the foundation and rebuild the wall." No correspondence received in opposition. Michael Neal made a motion to close the evidentiary portion of the hearing with Amy Chaisson Selig seconding the motion. • 7 CHAPTER 22 Urban Forest Preservation and Enhancement ~ Sec. 22.003. Tree disposition (for building permits); tree surveys (a) General requirement. Every permit for development or pre-development activity must contain • tree disposition conditions meeting the requirements of this section. (b) Essential and mandatory conditions. Tree disposition conditions are the most important means of protecting the urban forest of the City from unreasonable harm during development and pre- development activity. Tree disposition conditions shall: (1) Prohibit removal of or damage to any large tree, except): (i) removal of a free which is diseased, severely damaged or dead may be authorized; and (ii) damage to or removal of a tree which causes an unreasonable impediment to the use and enjoyment of the applicant's property may be authorized; and (iii) damage to or removal of a low-value tree may be authorized. (2) Require replacement trees, to the extent provided in the criteria manual, for any large trees authorized to be Damaged or Removed. Exception: No replacement is required for low- value trees. (3) Require protection for large trees (and Critical Root Zones). The conditions may specify the methods of protection to be used. (4) Require that any authorized damage to trees be minimized and mitigated. The conditions • may specify methods of mitigation to be used. (5) Require, if there is major development, that the affected subject site attain a minimum planting standard of tree density as set forth in the criteria manual. (c) Procedure. The building official shall not issue any permit for any development or Pre- development Activity unless all the following have first occurred: (1) Tree Survey. The applicant must have filed a tree survey, and the urban forester must have approved it for compliance with this chapter. (2) Tree Disposition Conditions. Tree disposition conditions approved by the urban forester must have been inserted into the pernut. The urban forester may require all persons owning land where a tree is locaxed to agree to any removal of or damage to the tree authorized by the conditions. (d) "Low-impact" exception. Except for the requirement to insert the mandatory conditions, this section does not apply to a subject site, project or other activity that will not have any significant, adverse effect upon any large tree, as determined by the urban forester. h:newtreef.orm • • Voting in favor: Porretto, Neal, Billings, Selig and Mannon. Voting no: None. The motion carried unanimously. The fifth item on the agenda was consideration of a rehearing of Docket No. 97-02, concerning property located at 4003 and 4007 Browning, Lots 9 and 10, Block 3, Bissonnet Place addition. A request for a special exception to allow townhouses to be built with a zero-wide sideyard and attached by a common wall. Michael Neal made a motion to approve the notices as posted, with Amy Chaisson Selig seconding the motion. Voting in favor: Porretto, Neal, Billings, Selig and Mannon. Voting no.: None. The motion carried unanimously. Frank Billings stated, "In looking at the Rules of Procedure for the Zoning Board of Adjustment I believe the requirements for a re-hearing have not been met. Section 1. of • Article VI states: No rehearing of any decision by the Board of Adjustment shall be had except on motion by a member of the Board to reconsider the vote, made and acted on within ten (10) days after its decision and carried by not less than four (4) concurring votes." Amy Chaisson Selig made a motion to deny the request for rehearing of Docket No. 97-02 because the posting did not meet the requirements in the Rules of Procedure for the Zoning Board of Adjustment for rehearing. Frank Billings seconded the motion. Voting in favor: Porretto, Neal, Billings, Selig and Mannon. Voting No: None. The motion carried unanimously. During a discussion of Docket No. 97-05 Mike Neal stated the following: "The first item we need to address is whether a garage opening set at a forty five degree angle is a front loading garage." Jim Dougherty stated, "The answer would be found in the definition section of Zoning Ordinance 1493." Frank Billings read the following in the zoning ordinance: "Face. To face directly or at an angle less than 90 degrees. " Michael Neal stated, "So therefore a garage which faces at less than 90 degrees constitutes facing the street." Sue Porretto stated, "I feel the problem with the front setback has created the • problem in the rear. I feel if the house were smaller or if they did not have a front loading 8 CHAPTER 22 Urban Forest Preservation and Enhancement ~ Sec. 22.003. Tree disposition (for building pe'rmits); tree surveys (a) General requirement. Every permit for development or pre-development activity must contain ~ tree disposition conditions meeting the requirements of this section. (b) Essential arrd mandatory conditions. Tree disposition conditions are the most important means of protecting the urban forest of the City from unreasonable harm during development and pre- development activity. Tree disposition conditions shall: (1) Prohibit removal of or damage to any large tree, except): (i) removal of a tree which is diseased, severely damaged or dead may be authorized; and (ii) damage to or removal of a tree which causes an unreasonable impediment to the use and enjoyment of the applicant's properiy may be authorized; and (iii) damage to or removal of a low-value tree may be authorized. (2) Require replacement trees, to the extent provided in the criteria manual, for any large trees authorized to be Damaged or Removed. Exception: No replacement is required for low- value trees. (3) Require protection for large trees (and Critical Root Zones). The conditions may specify the methods of protection to be used. (4) Require that any authorized damage to trees be minimized and mitigated. The conditions • may specify methods of mitigation to be used. (5) Require, if there is major development, that the affected subject site attain a minimum ptanting standard of tree density as set forth in the criteria manual. ~ (c) Procedure. The building official shall not issue any permit for any development or Pre- development Activity unless all the following have first occurred: (1) Tree Survey. The applicant must have filed a tree survey, and the urban forester must have approved it for compliance with this chapter. (2) Tree Disposition Conditions. Tree disposition conditions approved by the urban forester must have been inserted into the permit. The urban forester may require all persons owning land where a tree is located to agree to any removal of or damage to the tree authorized by the conditions. (d) "Low-impact" exception. Except for the requirement to insert the mandatory conditions, this section does not apply to a subject site, project or other activity that will not have any significant, adverse effect upon any large tree, as determined by the urban forester. h:newtreef.orm • ~ garage there would be no problem." Frank Billings stated, "I feel it does not appear the applicants have shown a hardship to the extent that is necessary to grant a variance." Frank Billings made a motion to deny the request for both variances because of failure to meet requirements with Michael Neal seconding the motion." Voting in favor: Billings, Porretto, Neal, Selig and Mannon. Voting no: None. During a discussion of Docket No. 97-07 Sue Porretto stated the following: "I do not see a hardship. The plans will have to be re-drawn, but without too much difficulty." Mike Neal stated, "I also do not see a hardship because they can stay within the building site setback dimensions." Frank Billings stated, "It appears the building permit which was issued was issued improperly and it has expired. They have only shown they will have to re-orient the house to the lot in order to meet the zoning ordinance. This is not a hardship." Frank Billings made motion to deny the variance request for pocket No. 97-07, with Amy Chaisson Selig seconding the motion." Voting in favor: Billings, Porretto, Neal, Selig and Mannon. • Voting no: None. The motion carried unanimously. During a discussion of Docket No. 97-08, Michael Neal stated the following: "This appears to be a case where the inaccuracy of the survey may have contributed to the error. We have seen other cases where there is a minor measurement error." David Mannon stated, "There might have been some improprieties by the original contractor, but I am not sure we should jeopardize the family who purchased the home." Michael Neal made a motion to grant the variance requested subject to a limitation that the projections above the ground floor not exceed the maximum allowable projections measured from the actual inside edge of the yard, i.e. three feet from the property line. In the event this structure is removed it must meet the actual zoning ordinance in effect at that time. This variance is for both the house and garage. Frank Billings seconded the motion. Voting in favor: Porretto, Neal, Billings, Selig and Mannon. Voting no: None. The motion carried unanimously. . 9 CHAPTER 22 Urban Forest Preservation and Enhancement • Sec. 22.003. Tree disposition (for 6uilding pe'rmits); tree surveys (a) General requirement. Every pernut for development or pre-development activity must contain : tree disposition conditions meeting the requirements of this section. (b) Essential and mandatory conditiorrs. Tree disposition conditions are the most important means of protecting the urban forest of the City from unreasonable harm during development and pre- development activity. Tree disposition conditions shall: (1) Prohi6it removal of or damage to any large tree, except): (i) removal of a tree which is diseased, severely damaged or dead may be authorized; and (ii) damage to or removal of a tree which causes an unreasonable impediment to the use and enjoyment of the applicant's property may be authorized; and (iii) damage to or removal of a low-value tree may be authorized. (2) Require replacement trees, to the extent provided in the criteria manual, for any large trees authorized to be Damaged or Removed. Facception: No replacement is required for low- value trees. (3) Require protection for large trees (and Critical Root Zones). The conditions may specify the methods of protection to be used. (4) Require that any authorized damage to trees be minimized and mitigated. The conditions • may specify methods of mitigation to be used. (5) Require, if there is major development, that the affected subject site attain a minimum ptanting standard of tree density as set forth in the criteria manual. (c) Procedure. The building official shall not issue any permit for any development or Pre- development Activity unless all the following have first occurred: (1) Tree Survey. The applicant must have filed a tree survey, and the urban forester must have approved it for compliance with this chapter. (2) Tree Disposition Conditions. Tree disposition conditions approved by the urban forester must have been inserted into the pernut. The urban forester may require all persons owning land where a tree is located to agree to any removal of or damage to the tree authorized by the conditions. (d) "Low-impact" exception. Except for the requirement to insert the mandatory conditions, this section does not apply to a subject site, project or other activity that will not have any significant, adverse effect upon any large tree, as determined by the urban forester. h:newtreef.orm i • Michael Neal made a motion to approve the minutes from June 26, 1997 as amended, with Amy Selig seconding the motion. Voting in favor: Porretto, Neal, Billings, Selig and Mannon. Voting no: None. The motion carried unanimously. Amy Chaisson Selig made a motion to adjourn the meeting, with Frank Billings seconding the motion. Voting in favor: Porretto, Neal, Billings, Selig and Mannon. Voting no: None. The motion carried unanimously. The meeting adjourning at 9:15 p.m. CHAIRPERSON ~ ATTEST: SECRETARY ~ 10 CHAPTER 22 Urban Forest Preservation and Enhancement ~ Sec. 22.003. Tree disposition (for buiiding permits); tree surveys (a) General requirement. Every permit for development or pre-development activity must contain : tree disposition conditions meeting the requirements of this section. (b) Essential and mandatory conditions. Tree disposition conditions are the most important means of protecting the urban forest of the City from unreasonable harm during development and pre- development activity. Tree disposition conditions shall: (1) Prohibit removal of or damage to any large tree, except): (i) removal of a tree which is diseased, severely damaged or dead may be authorized; and (ii) damage to or removal of a tree which causes an unreasonable impediment to the use and enjoyment of the applicant's properiy may be authorized; and (iii) damage to or removal of a low-value tree may be authorized. (2) Require replacement trees, to the extent provided in the criteria manual, for any large trees authorized to be Damaged or Removed. Exception: No replacement is required for low- value trees. (3) Require protection for large trees (and Critical Root Zones). The conditions may specify the methods of protection to be used. (4) Require that any authorized damage to trees be minimized and mitigated. The conditions • may specify methods of mitigation to be used. (5) Require, if there is major development, that the affected subject site attain a minimum planting standard of tree density as set forth in the criteria znanual. ~ (c) Procedure. The building official shall not issue any permit for any development or Pre- development Activity unless all the following have first occurred: (1) Tree Survey. The applicant must have filed a tree survey, and the urban forester must have approved it for compliance with this chapter. (2) Tree Disposition Conditions. Tree disposition conditions approved by the urban forester must have been inserted into the pernut. The urban forester may require all persons owning land where a tree is located to agree to any removal of or damage to the tree authorized by the conditions. (d) "Low-impact" exception. Except for the requirement to insert the mandatory conditions, this section does not apply to a subject site, project or other activity that will not have any significant, adverse effect upon any large tree, as determined by the urban forester. h:newtreef.onn ~