Zoning Board of Adjustment

City of Galveston Department of Planning and Community Development P. O. Box 7791 Galveston, Texas 77553-07791 Ph (409) 797-3660 1 Fax (409) 797-3661 AGENDA ZONING BOARD OF ADJUSTMENT REGULAR MEETING 4:00 p.m., Wednesday, January 11,2012 City Council Chambers, r d Floor of City Hall 823 Rosenberg, Galveston, Texas A. Attendance B. Conflict of Interest C. Minutes: December 7,2011 D. Old Business and associated Public Hearing: 11Z-96 (1212 11th Street) Request for variances from the Galveston Zoning Standards Section 29­ 65 regarding the minimum setback requirements and the minimum lot depth requirements within the Multiple-Family-One, within the San Jacinto Neighborhood Conservation District (MF-I-NCD-l) zoning district. Property is legally described as the South 71.5 feet of Lot I (1-2), Block 10, in the City and County of Galveston, Texas. Applicant: Compass Pointe Homes Property Owner: John Williams E. New Business and associated Public Hearing: 12Z-01 (601 - 627 Avenue L) Request for variance from the Galveston Zoning Standards Section 29-66 (a) regarding height requirements in a Resort, Seawall Development Zone (RES-SDZ-2) zoning district. Property is legally described as Lots I through 7, Block 6, in the City and County of Galveston, Texas. Applicant: Michael Gaertner, Architect Property Owner: TSB, Ltd. 12Z-02 (814 41 st Street) Request for a variance from the Galveston Zoning Standards Section 29-67 (b)(I)(a) regarding parking requirements in a General Residence (GR) zoning district. Property is legally described as the nOlth 36 feet of Lot 14 (14-2), Block 280, in the City and County of Galveston, Texas, Applicant: Mauro Ventura Property Owner: Wilfredo Contreras and Mauro Ventura 12Z-03 (4428 Sherman) Request for a variance from the Galveston Zoning Standards Section 29-65 regarding setback requirements in a General Residence (GR) zoning district. Property is legally described as Lot 1 and part of Lot 2 in the Yeager Subdivision, in the City and County of Galveston, Texas, Applicant and Property Owners: Jayson and Karla Levy  I ! I ~ F. DISCUSSION ITEMS 1. Discussion of recently adopted code amendments (Staff) 2. Land Development Regulations technical workgroup update G. Adjournment Prepared By: Athena Petty, Planning Sta sistant Date Prepared: January 3, 2012 IN ACCORDANCE WITH THE PROVISIONS OF THE AMERICANS WITH DISABILITIES ACT (ADA), PERSONS IN NEED OF A SPECIAL ACCOMMODATION TO PARTICIPATE IN THIS PROCEEDING SHALL, WITHIN THREE (3) DAYS PRIOR TO ANY PROCEEDING, CONTACT THE CITY SECRETARY'S OFFICE, SUITE 201,823 ROSENBERG, GALVESTON, TEXAS 77550 (409 797-3510). MEMBERS OF CITY COUNCIL MAYBE ATTENDING AND PARTICIPATING IN THIS MEETING. S \Plannmg\Planning Divlsion\ZBA\A.gcndas\A.gt."tldas 12\011112 doc CITY SECRETARY'S ~ OFFICE ~, / /A/tf. I ! I I I  1 f MEMORANDUM f I TO: Carolyn Sunseri, Chair and Board Members r Zoning Board of Adjustment FROM: Dustin Henry, Urban Planner II, Planning GIS Analyst Department of Planning and Community Development henrydus@cityofgalveston.org or 409-797-3669 DATE: Thursday, January OS, 2012 RE: llZ-96 (1212 11th Street) Request for variances from the Galveston Zoning Standards Section 29-65 regarding the minimum setback requirements and the minimum lot depth requirements within the Multiple-Family-One, within the San Jacinto Neighborhood Conservation District (MF -1-NCD-1) zoning district. Property is legally described as the South 71.5 feet of Lot 1 (1-2), Block 10, in the City and County of Galveston, Texas. Applicant: Compass Pointe Homes Property Owner: John Williams The Zoning Board of Adjustment deferred this request until the January 10,2012 regular meeting in order to give the Landmark Commission time to consider this case and make a recommendation. On December 19,2011, the Landmark Commission voted to recommend approval of the above referenced request regarding Variances from the Galveston Zoning Standards Section 29-65 regarding the minimum setback requirements and the minimum lot depth requirements. I xc: Wendy O'Donohoe, Director Department of Planning and Community Development S:\Planning\Planning Division\ZBA\SlaffReports\llzba\] lZ-96\IIZ-96 memo 2.doc I t I \i I IStaff Report 12Z-01 Page 1 I 12Z-01 (601 - 627 Avenue L) Request for variance from the Galveston Zoning Standards Section 29-66 (a) regarding height requirements in a Resort, Seawall Development Zone (RES­ SDZ-2) zoning district. Property is legally described as Lots 1 through 7, Block 6, in the City and County of Galveston, Texas. Applicant: Michael Gaertner, Architect Property Owner: TSB, Ltd. EXIS . f mg Z onmgandLandUse: . Zoning Resort, Seawall Development Zone 2 (RES-SDZ-2) Land Use Vacant and Land Use: North South East West Zoning Resort, Seawall Resort, Seawall Resort, Seawall Resort, Seawall Development Development Development Development Zone 2 (RES­ Zone 2 (RES­ Zone 2 (RES­ Zone 2 (RES­ SDZ-2) SDZ-2) SDZ-2) SDZ-2) Beach Beach Beach Beach Property Owner Notification as of January 11,2012: Sent Returned In Favor In Opposition No Comment 9 Advertisement Date: December 28, 2011 City Department Notifications: Airport: Pending Building Department: No Objection Fire Chief: Pending Fire Marshal: No Objection with the following comment/condition: Engineer/maintain proper fire apparatus access in accordance with 2009 IFC Comply with all fire code requirements as stated in 2009 IRC Police Department: Pending Public Works: Pending Private Utility Notifications: AT&T: Pending CenterPoint Energy: Pending Comcast: No Objection Texas Gas Service: Pending IStaff Report 12Z-01 Page 2 ANALYSIS The applicant is requesting a variance from the maximum height allowed in the Resort (RES) zoning district. Attachment "E", submitted by the applicant, indicates that the height of the proposed structure is 250 feet above the Base Flood Elevation (BFE). The BFE at this location is 19 feet. Therefore the total proposed height of the structure is 269 feet. Assuming a plate height of 12 feet, a building of the proposed height could result in 20 stories. For reference the table below lists the approximate height of some Galveston buildings: ,.'Je. ..,m.... .;, .; . . . . . . . . . " ...... 1Y~.~htt:)f B;t1I~ing I NUm;~ro~itotJes ... ....~. .;Stmctu~ .; . Palisade Palms 380' 27 American National 345' 21 Insurance Co. San Luis Resort Hotel 210' 15 Emerald by the Sea 192' 16 Breakers 156' 13 Galvestonian 168' 12 + Parking Condominium Medical Arts Building 170' 12 Variance Request: From: Three stories or 55 feet to 269 feet. Applicant's Justification Additional height is needed to construct multi-family project with parking underneath and to be elevated above the Base Flood Elevation. CONDITIONS FOR A VARIANCE A variance may be granted from a requirement of the Zoning Ordinance when the Zoning Board of Adjustment finds that all of the following conditions have been met: 1. Not be contrary to public interest; 2. Enforcement of the ordinance will result in unnecessary hardship by reason of exception narrower, shallowness, shape, topography or other extraordinary or exceptional physical situation or 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 property owner's own actions; and, 3. The spirit of the ordinance will be observed; substantial justice will be done. The burden of proving to the Board that the foregoing conditions have been met is upon the applicant IStaff Report 12Z-01 Page 3 APPEAL FROM DECISION OF BOARD In accordance with Section 29-112, any person aggrieved by any decision of the Board, or any officer, department or other Board of the City, may appeal the decision or action of the Board by filing a petition for the same in a court of competent jurisdiction, setting forth that such decision is illegal in whole or in part, and specifying the grounds for the alleged illegality. Such petition shall be filed with the Court within ten (10) days from the day the Board renders its decision, and not thereafter. The time period set forth herein shall be deemed jurisdictional. ATTACHMENTS "A" - Zoning Map "B" Aerial Map "COO - Photographs "D" - Site Plan "E" Proposed Height Respectfully Submitted, cath~ni~g Manager Date ( /S/I:;J..... I f I I i tf J { \ IStaff Report 12Z-02 Page 1 I st 12Z-02 (814 41 Street) Request for a variance from the Galveston Zoning Standards Section 29-67 (b)(l)(a) regarding parking requirements in a General Residence (GR) zoning district. Property is legally described as the north 36 feet of Lot 14 (14-2), Block 280, in the City and County of Galveston, Texas. Applicant: Mauro Ventura Property Owner: Wilfredo Contreras and Mauro Ventura E'" XIS mg Z' omng an dLandU se: Zoning General Residence (GR) I Land Use Residential Surroun d'mg Z' omng an dL an d Use: North South East West Zoning General General General Multiple Family- Residence (GR) Residence (GR) Residence (GR) One (MF-I) Land Use Residential Residential Residential Residential Property Owner Notification as of January 11,2012: Sent Returned In Favor In Opposition No Comment 21 Advertisement Date: December 28, 2011 City Department Notifications: Private Utility Notifications: Airport: Pending AT&T: Pending Building Department: No Objection CenterPoint Energy: Pending Fire Chief: Pending Comcast: Pending Fire Marshal: Pending Texas Gas Service: Pending Police Department: Pending Public Works: Pending ANALYSIS The applicant is requesting a variance from Section 29-67: VEHICLE PARKING REGULATIONS in order to convert a single family residential structure into a Multiple-family dwelling consisting of three (3) individual units. Currently, no off-street parking is being provided on the property. Section 29­ 67(b)(1) of the Galveston Zoning Standards state the following with regards to parking requirements for residential uses: Section 29-67: VEHICLE PARKING REGULATIONS (b) Parking Requirements in Various Zoning Districts (1) The minimum off-street parking spaces for residential uses shall be as follows: (a) 1 space per single-family dwelling, detached. (b) 1.5 spaces per townhouse, duplex unit, of one-bedroom or smaller multifamily unit. (c) 1.85 spaces per two-bedroom multifamily unit. (d) 2.5 spaces per three bedroom or larger multifamily unit. IStaff Report 12Z-02 Page 2 Note, Section 29-67(d)( 4) of the Galveston Zoning Standards offers a parking exemption for properties that meet all criteria listed below: (d) Special Off-Street Parking Regulations (4) Exemption: For all zoning districts that require off-street parking. If the property meets all of the following criteria, off-street parking will not be required. (Ord. 06-050) (a) The building was constructed prior to the adoption of the applicable parking regulations; (b) The total number of required off-street parking spaces cannot be accommodated on the subject lot; (c) The parking requirement for the applicable land use does not exceed five (5) parking spaces; (d) The total square footage of the land use does not exceed 2,000 square feet. The table below shows a breakdown of the proposed multiple family conversion and the off-street parking requirements: I Unit Number # of Bedrooms Parking spaces required i I #1 3 2.5 I #2 2 1.85 I I 1 #3 1.5 I I 5.85 = 6 total spaces The proposed conversion into a Multiple-family dwelling will require more than five (5) parking spaces, thereby canceling the qualification for the aforementioned parking exemption. Hence, the applicant is requesting the following variance. Variance Requested The applicant is requesting a variance from six (6) off-street parking spaces to zero (0) off-street parking spaces. Applicant's Justification "The reason why I need this variance is because I need to provide 3 parking spaces and as you can see on the survey, I have no land on my property to build a driveway. So I need to use street parking. " CONDITIONS FOR A VARIANCE A variance may be granted from a requirement of the Zoning Ordinance when the Zoning Board of Adjustment finds that all of the following conditions have been met: 1. Not be contrary to public interest; 2. Enforcement of the ordinance will result in unnecessary hardship by reason of exception narrower, shallowness, shape, topography or other extraordinary or exceptional physical situation or 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 property owner's own actions; and, 3. The spirit of the ordinance will be observed; substantial justice will be done. The burden of proving to the Board that the foregoing conditions have been met is upon the applicant. IStaff Report 12Z-02 Page 3 APPEAL FROM DECISION OF BOARD In accordance with Section 29-112, any person aggrieved by any decision of the Board, or any officer, department or other Board of the City, may appeal the decision or action of the Board by filing a petition for the same in a court of competent jurisdiction, setting forth that such decision is illegal in whole or in part, and specifYing the grounds for the alleged illegality. Such petition shall be filed with the Court within ten (10) days from the day the Board renders its decision, and not thereafter. The time period set forth herein shall be deemed jurisdictional. ATTACHMENTS "A" - Zoning Map "B" - Aerial Map "c" Survey/Site Plan Respectfully Submitted, Dat I ivisionlZBA\Slaff Reports\12zba\12Z-02\12Z-02 STF.doc IStaff Report Case 12Z-03 Page 11 12Z-03 (4428 Sherman) Request for a variance from the Galveston Zoning Standards Section 29-65 regarding setback requirements in a One Family-Three (IF-3) zoning district. Property is legally described as Lot 1 and part of Lot 2 in the Yeager Subdivision, in the City and County of Galveston, Texas. Applicant and Property Owners: Jayson and Karla Levy E XIS . fmg Z onmgandLandUse: . Zoning One Family-Three (IF-3) Land Use Residential Surro ,. <7 . , ... , ... y . North South East West Zoning One Family- One Family- One Family- One Family- Three (IF-3) Three (IF-3) Three (IF-3) Three (IF-3) Land Use Residential Residential Residential Residential Property Owner Notification as 0 f January 11, 2012: Sent Returned In Favor In Opposition No Comment 19 Advertisement Date: December 28, 2011 City Department Notifications: Airport: Pending Building Department: No Objection with the following comment/condition: Must comply with table R302.1 of the 2009 IRC. Fire Chief: Pending Fire Marshal: Pending Police Department: Pending Public Works: Pending Private Utility Notifications: A.T.&T: Pending CenterPoint Energy: Pending Comcast: Pending Texas Gas Service: Pending ANALYSIS The applicant is proposing the construction of a rear room addition to the existing one-story structure. The proposed addition includes 60 square-feet (6'xlO') of enclosed structure with approximately seven (7) linear feet of deck and stairs. As proposed the addition will encroach to within two (2) feet of the rear (north) property line and align with the furthest existing rear yard encroachment. Currently, the rear of the structure encroaches the 10-foot rear yard setback with approximately lIS-linear feet of structure, see "Attachment C". Additionally, the subject lot conforms to the City'S lot area requirements with regards to width, depth and area. IStaff Report Case 12Z-03 Page 21 Variance requested: • Rear yard setback from lO-feet to 2-feet. CONDITIONS FOR A VARIANCE A variance may be granted from a requirement of the Zoning Ordinance when the Zoning Board of Adjustment finds that all of the following conditions have been met: L Not be contrary to public interest; 2. Enforcement of the ordinance will result in unnecessary hardship by reason of exception narrower, shallowness, shape, topography or other extraordinary or exceptional physical situation or 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 property owner's own actions; and, 3. The spirit of the ordinance will be observed; substantial justice will be done. The burden of proving to the Board that the foregoing conditions have been met is upon the applicant. ATTACHMENTS "A" - Zoning Map "B" Aerial Map "e" Survey/Site Plan Respectfully submitted, \1.-:o~-\\ Date Date l I S:lPlanninglPlanning Division\ZBA\Staff Reports\12zba\ 12Z-03\12Z-03 STF.doc