Board of Adjustment

BOARD OF ADJUSTMENT Thursday, January 16, 2025 Council Chamber Regular Session 6:00 PM FIRST FLOOR OF CITY HALL 7008 S. RICE AVENUE BELLAIRE, TX 77401 Agenda Chair Jerry Borowick Vice Chair Board Member Board Member Felicia Lewin Paul Beavers John T. Klug Board Member Board Member Board Member Weldon Taylor Gigi White Laura Zito City of Bellaire Texas Page 1 of 8 Agenda Board of Adjustment January 16, 2025 REGULAR SESSION - 7:00 P.M. 1. Call to Order 2. Pledge to the Flag (US and Texas) US Pledge: I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all. Texas Pledge: (Honor the Texas Flag: I pledge allegiance to thee, Texas one state under God, one and indivisible) 3. Certification of a Quorum 4. Approval of Minutes 1. Consideration and possible approval of the minutes of the Regular Session of the Board of Adjustment of the City of Bellaire held on July 18, 2024. Board of Adjustment - Jul 18 2024 - Minutes (Draft) 5. Reports from Officers, Committees, Sub-Committees and Communications Board Members Have Outside the Meeting 6. Unfinished Business 7. Reading of the Standards from Section 24-704, Bellaire Code of Ordinances 8. New Business 1. Deliberation, consideration, and possible action on the 2024 Board of Adjustment Annual Report to City Council. Agenda Statement Report - State of the City Letter 9. General Comments from the Public (Limitations: Six (6) minutes per speaker with extensions in two (2) minute increments as approved by a majority vote of the Board Members present). 10. General Comments from Board Members 11. Announcements 12. Adjournment City of Bellaire Texas Page 2 of 8  MINUTES Board of Adjustment - Jul 18 2024 Thursday, July 18, 2024 @ 7:00 PM Council Chamber PRESENT: Jerry Borowick, Lilly Gilmer, Weldon Taylor, Alan Westfall, Gigi White, and Ross Gordon; also present: Monique Alejos, Travis Tanner, and Latrice Chatman ABSENT: Felicia Lewin and Laura Zito REGULAR SESSION - 7:00 P.M. 1. Call to Order 1.1. Chair Borowick called the meeting order at 7pm. 2. Pledge to the Flag (US and Texas) 2.1. Chair Borowick led both the US Pledge and Texas Pledge. 3. Certification of a Quorum 3.1. Chair Borowick certified a quorum. 4. Approval of Minutes 4.1. Consideration and possible approval of the minutes of the Regular Session of the Board of Adjustment of the City of Bellaire held on April 18, 2024. Motion: Motion to approve the minutes of the Regular Session of the Board of Adjustment of the City of Bellaire held on April 18, 2024. {Moved by Lilly Gilmer, Board Member, and seconded by Alan Westfall, Board Member} RESULT: ADOPTED. MOVER: Lilly Gilmer, Board Member SECONDER: Alan Westfall, Board Member AYES: Jerry Borowick, Chair, Lilly Gilmer, Board Member, Weldon Taylor, Board Member, Alan Westfall, Board Member, Gigi White, Board Member, and Ross Gordon, Council Member ABSENT: Felicia Lewin, Vice Chair and Laura Zito, Board Member 5. Reports from Officers, Committees, Sub-Committees and Communications Board Members Have Outside the Meeting 5.1. There were no reports. City of Bellaire Texas Page 1 of 3 Page 3 of 8 Minutes Board of Adjustment July 18, 2024 6. Unfinished Business 6.1. There was no unfinished business. 7. Reading of the Standards from Section 24-704, Bellaire Code of Ordinances 8. Swearing In of New Board Members (Incoming Board Assume Duties and Outgoing Commission Retires). 8.1. Introduction of Incoming Board Members New Commissioner Paul Beavers was sworn in and reappointed Commissioner Gigi White was sworn in as well. 8.2. Election of Chair and Vice Chair Motion: Motion to elect Jerry Borowick as Chair and Felicia Lewin as Vice Chair. {Moved by Gigi White, Board Member, and seconded by Weldon Taylor, Board Member} RESULT: ADOPTED. MOVER: Gigi White, Board Member SECONDER: Weldon Taylor, Board Member AYES: Jerry Borowick, Chair, Lilly Gilmer, Board Member, Weldon Taylor, Board Member, Alan Westfall, Board Member, Gigi White, Board Member, and Ross Gordon, Council Member ABSENT: Felicia Lewin, Vice Chair and Laura Zito, Board Member 9. New Business 9.1. Adoption of 2024-2025 Board of Adjustment Rules of Procedure. Motion: Motion to approves the Rules of Procedure but amend Article V, Section C changing the meeting time from 7pm to 6pm. {Moved by Gigi White, Board Member, and seconded by Weldon Taylor, Board Member} RESULT: ADOPTED. MOVER: Gigi White, Board Member SECONDER: Weldon Taylor, Board Member AYES: Jerry Borowick, Chair, Lilly Gilmer, Board Member, Weldon Taylor, Board Member, Alan Westfall, Board Member, Gigi White, Board Member, and Ross Gordon, Council Member ABSENT: Felicia Lewin, Vice Chair and Laura Zito, Board Member 9.2. Adoption of Board of Adjustment’s 2025 Application Submittal Deadline Calendar. Motion: City of Bellaire Texas Page 2 of 3 Page 4 of 8 Minutes Board of Adjustment July 18, 2024 Motion to accept the submittal calendar but amend the meeting time to reflect the time change previously approved in the Rules of Procedure. {Moved by Jerry Borowick, Chair, and seconded by Gigi White, Board Member} RESULT: ADOPTED. MOVER: Jerry Borowick, Chair SECONDER: Gigi White, Board Member AYES: Jerry Borowick, Chair, Lilly Gilmer, Board Member, Weldon Taylor, Board Member, Alan Westfall, Board Member, Gigi White, Board Member, and Ross Gordon, Council Member ABSENT: Felicia Lewin, Vice Chair and Laura Zito, Board Member 10. General Comments from the Public 10.1. There were no public comments. 11. General Comments from Board Members 11.1. There were no comments from the board. 12. Announcements 12.1. Monique Alejos stated that there will not be an August meeting because there were no variance applications submitted. 13. Adjournment 13.1. Chair Borowick adjourned the meeting at 7:23pm. City of Bellaire Texas Page 3 of 3 Page 5 of 8  AGENDA STATEMENT City of Bellaire MEETING: Board of Adjustment – January 16, 2025 PREPARED BY: Monique Alejos, Development Review Coordinator DEPARTMENT: Development Services ITEM TITLE: Deliberation, consideration and possible action on the 2024 Board of Adjustment Annual Report to City Council. RECOMMENDATION: To deliberate, edit where necessary and provide a report to City Council on the 2024 Board of Adjustment Annual Report BACKGROUND/SUMMARY: Background Each year at the State of the City Address, all City Boards and Commissions are asked to present an annual report to the City Council. The purpose of this agenda statement is to allow the Board of Adjustment to review, discuss, refine and ultimately approve the information that will be presented to the City Council during the February 3, 2025 Council meeting which will follow the State of the City address. CITY ATTORNEY REVIEW: ☐ Yes ☑ No Page 6 of 8 City of Bellaire Board of Adjustment January 16, 2025 Honorable Mayor and City Council City of Bellaire, Texas 7008 South Rice Avenue Bellaire, Texas 77401 Re: 2024 Board of Adjustment Annual Report Mayor Pappas and City Council: The Board of Adjustment (Board) is authorized by Texas Local Government Code Chapter 211 and is responsible for considering applications for variances or special exceptions to Chapter 24 of the Code of Ordinances of the City of Bellaire. Landowners or their agents apply to the Building Official of the Department of Community Development. Formal dockets, which must be legally advertised, are scheduled for the Board. Meetings are held to hear testimony on the application. The Board, appointed by the Bellaire City Council, consists of seven members who are citizens of the United States and residents of Bellaire for at least one year. The Board Members who have served this year are: • Jerry Borowick, Chair • Felicia Lewin, Vice Chair • Alan Westfall • Lilly Gilmer • Paul Beavers • Weldon Taylor • Gigi White • John Klug • Laura Kemp Zito Board members serve staggered terms of two years each, with a maximum of three consecutive terms. The Board selects its own Chair and Vice Chair for a term of one year. The Board normally meets on the third Thursday of each month beginning at 7:00 p.m., historically, in the Council Chamber of City Hall. A meeting is canceled if there is no business to attend to for that month. Special meetings may be called as necessary following all the required procedures. A quorum of at least six members is required to hear a case. The Board of Adjustment may authorize in specific cases, a variance from the terms of a zoning ordinance if the variance is not contrary to the public interest and due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship, and so the spirit of the ordinance is observed, and substantial justice is done. Page 7 of 8 We believe the Board is serving the purpose for which it was created, and that there is no other body that would better serve the function of the Board. It provides an avenue for residents who have a particular situation to appeal to the Board for relief when they believe the zoning ordinances, if enforced, would create a hardship for them. The Board, a quasi-judiciary body, determines the outcome of all applications, which may only be appealed to a Harris County District Court. During the calendar year of 2024, the Board held the following three (3) meetings, which included one (1) public hearing: • January 18, 2024 o Approval of the 2023 annual report to City Council. o Swearing in of New Board Member. • April 18, 2023 o Heard and considered a request by Kenny Meyer, President of MC Management & Development, Inc., on behalf of Luel Partnership, Ltd., for the renovation of an existing sign located at the southwest corner of Bellaire Boulevard and Mapleridge Street, 6802 Mapleridge Street, Bellaire, Texas 77401, which exceeds the maximum sign area by 58 square feet, and the maximum sign height by 16 feet, allowed by Chapter 24, Planning and Zoning, Section 24-1011, Permitted Signs for Commercial and Mixed-Use Buildings, Subsection (c)(1), of the Code of Ordinances of the City of Bellaire, Texas. The property is located within the Corridor Mixed Use (CMU) Zoning District. The variance was granted. • July 18, 2024 o Swearing in of New Board Members o Appointment of Chair and Vice Chair o Approval of Rules of Procedure and Submittal Calendar. o Updated the start time of Regular Session meetings from 7pm to 6pm. The Board wishes to express their gratitude to Mayor Gus Pappas and the City Council for supporting the Board of Adjustment’s efforts in 2024. We extend our appreciation to the City Council member, Ross Gordon, for his support as a liaison to the Board. We also want to thank the entire Development Services Staff, all of whom stepped up in recent months to keep City functions moving and to facilitate the work of the Board including Travis Tanner, Christian Somers, Monique Alejos, and Latrice Chatman. We also thank City Attorney Alan Petrov, Assistant City Attorney Zach Petrov and Assistant City Attorney William Petrov for their wide counsel on processes and procedure. A special thank you as well to Tracy Dutton for her ongoing support of staff and the Board of Adjustment. Finally, the Board of Adjustment looks forward to serving the Bellaire community in 2025. We greatly appreciate this opportunity for public service. Respectfully submitted, Jerry Borowick, Chair Board of Adjustment The City of Bellaire Page 8 of 8