Zoning Board of Adjustment

City of Galveston Department of Planning and Community Development P. O. Box 779/ Galveston, Texas 77553-0779/ Ph (409) 797-3660/ Fax (409) 797-3661 I AGENDA ZONING BOARD OF ADJUSTMENT REGULAR MEETING 4:00 p.m., Wednesday, February 8, 2012 0d City Council Chambers, 2 Floor of City Hall 823 Rosenberg, Galveston, Texas A. Attendance B. Contlict of Interest C. Minutes: January 10, 20 I 1 D. New Business and associated Public Hearing: 12Z-04 (3402 Avenue 0) Request for variance from the Galveston Zoning Standards Section 29­ 65(h)( I) regarding the required rear setback in a One Family-Four Dwelling District (I F-4) zoning district. Property is legally described as the south 90 feet of Lots 8 and 9 (2008-2), Southwest Block 37, Galveston Out lots, in the City and County of Galveston, Texas. Applicant and Property Owner: Harry Rice 12Z-05 (7511, 7302 Avenue JlBroadway and Adjacent 3.6 acre property to the west) Request for variance from the Galveston Zoning Standards Section 29-67(a) regarding parking further than 150­ feet, from a pennitted land use, in a Light Industrial, Gateway Development Zone, Zone 2 (LI-GDZ­ 2) zoning district. Property is legally described as Hall & Jones Survey, Pal1 of Lot 515 (515-13), th (515-11) and portion of adjacent abandoned road (75 Street) and part of lot 512 (512-1), Reserve A (1-0), Time Warner Communication Galveston hub bui Iding and part of Lot (512-4), Trimble and Lindsey, Section 1, in the City and County of Galveston, Texas. Applicant and Property Owner: Point Glass, LLC. %Charles Doolin, % Bob Randall, AlA E. Adjournment Prepared By: Athena Petty, Planning aff Assistant Date Prepared: January 30, 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 SIIALL. WITHIN THREE (3) DAYS PRIOR TO ANY PROCEEDING, CONTACT THE CITY SECRETARY'S OFFICE, SUITE 201,823 ROSENBERG, GALVESTON, TEXAS 77550 (409797-3510). fD) @ ~ if ~ MEMBERS OF CITY COUNCIL MAY BE ATTENDING AND PA~CIPATING IN THllfJ' MEETING. FEB 0 1 2012 ~ CITY SECRETARY'R IStaff Report Case 12Z-04 Page 11 12Z-04 (3402 Avenue 0) Request for variance from the Galveston Zoning Standards Section 29-65(h)(l) regarding the required rear setback in a One Family-Four Dwelling District (IF-4) zoning district. Property is legally described as the south 90 feet of Lots 8 and 9 (2008-2), Southwest Block 37, Galveston Outlots, in the City and County of Galveston, Texas. Applicant and Property Owner: Harry Rice . f mg Z onm! EXIS . an dLan dU se: Zoning One Family-Four Dwelling District (1 F-4) Land Use Residential Surroun d'mg Z onm! . andL an dUse: North South East West Zoning One Family-Four One Family-Four One Family-Four Neighborhood Dwelling District Dwelling District Dwelling District Services (NS) (1 F-4) (IF-4) (IF-4) Land Use Residential ~sidential Residential Residential Property Owner Notification as of February 8, 2012: Sent Returned In Favor In Opposition No Comment 25 Advertisement Date: January 26,2012 City Department Notifications: Airport: Pending Building Department: Pending Fire Chief: Pending Fire Marshal: Pending Police Department: Pending Public Works: Pending Private Utility Notifications: AT.&T: Pending CenterPoint Energy: Pending Comcast: Pending Texas Gas Service: Pending BACKGROUND Construction of the rear addition was begun without a building permit. The property has been issued a red­ tag for work without a permit. Please note that the survey (Attachment "D") was completed after construction of the addition was begun. ANALYSIS The applicant is proposing the construction of a rear addition to the existing house. The proposed addition is 8 feet by 23.5 feet and includes exterior stairs and landing. As proposed the addition is located within the rear setback of 10 feet. The addition is located 6.33 feet from the rear property line and the exterior stairs are located 2.16 feet from the rear property line. Please note, there is an existing accessory building on the site that encroaches the rear setback. Variance requested: • Rear yard setback from 1O-feet to 2-feet. IStaff Report Case 12Z-04 Page 21 APPLICANT'S JUSIFICATION Requesting variance for rear building setbacks to avoid legal issues between legal description and t survey. Existing accessory building is currently on the property line. CONDITIONS FOR A VARIANCE The Board of Adjustment may grant a variance under this Section only if the variance is not prohibited by Section 14.401.C. in Article 14, Administrative Bodies, and if the Board makes a determination in writing I that all of the following are demonstrated: 1. The request for the variance is rooted in special conditions of the applicant's property that do not generally exist on other properties in the same zoning district. 2. Due to said special conditions, the literal enforcement of the strict terms of these Land Development Regulations would impose an unnecessary hardship on the applicant. 3. The variance is not contrary to the public interest, in that: 1. It does not allow applicants to impair the application of these regulations for: a. Self-imposed hardships; b. Hardships based solely on financial considerations, convenience or inconvenience; or c. Conditions that are alleged to be "special," but that are actually common to many properties within the same zoning district. ii. The variance will not have a detrimental impact upon: a. The current or future use of adjacent properties for purposes for which they are zoned; b. Public infrastructure or services; and c. Public health, safety, morals and general welfare of the community. 4. The degree of variance allowed from these Land Development Regulations is the least that is necessary to grant relief from the identified unnecessary hardship. S. The variance shall not be used to circumvent other procedures and standards of these Land Development Regulations that could be used for the same or comparable effect (e.g., if alternative development patterns, alternative development standards, or other flexible measures in these regulations are available that would avoid or mitigate hardship without using a variance, then they must be used). 6. By granting the variance, the spirit of these Land Development Regulations is observed and substantial justice is done. ATTACHMENTS "A" - Zoning Map "B" Aerial Map "C" Photographs "D" - Survey "E" Site Plan Respectfully submitted, I -30-l~ Date Date I S:IPiamtingIPiallning DIvisionIZBAIStaff Reportsl 12zbal 12Z-04112Z-04 STF,doc I Staff Report Case 12Z-05 Page 1 of2 12Z-05 (7511,7302 Avenue JlBroadway and Adjacent 3.6 acre property to the west) Request for variance from the Galveston Zoning Standards Section 29-67(a) regarding parking further than ISO-feet, from a permitted land use, in a Light Industrial, Gateway Development Zone, Zone 2 (LI-GDZ-2) zoning district. Property is legally described as Hall & Jones Survey, Part of Lot 515 (515-13), (515-11) and portion of adjacent abandoned road (75 th Street) and part of lot 512 (512-1), Reserve A (1-0), Time Warner Communication Galveston hub building and part of Lot (512-4), Trimble and Lindsey, Section 1, in the City and County of Galveston, Texas. Applicant and Property Owner: Point Glass, LLC. %Charles Doolin, %Bob Randall, AlA Existing Zoning and Land Use Zoning Light Industrial, Gateway Development Zone, Zone 2 (LI-GDZ-2), Broadway Corridor District I II Land Use I Vacant Land Surrounding Zoni ' T • Use North South East West Zoning Light Industrial, Commercial, Light Industrial, Light Industrial, Gateway Height and Gateway Gateway Development Density Development Development Zone, Zone 2 Development Zone, Zone 2 Zone, Zone 2 (LI-GDZ-2) Zone, Zone 1 (LI-GDZ-2) (LI-GDZ-2) (C-HDDZ-l) Land Use Vacant Residential Vacant Motel Property Owner Notification as of February 8, 2012: Sent Returned In Favor In Opposition No Comment 11 Advertisement Date: January 26, 2012 City Department Notifications: Private Utility Notifications: Airport: Pending AT&T: Pending Building Department: Pending 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 the Galveston Zoning Standards Section 29-67(a) Vehicle Parking Regulations in order to construct a parking lot at a location that is more than 150 feet from the proposed "Institutions of religious or philanthropic nature" land use. The proposed "Parking Lot, Incidental to Main Use" is a permitted land use in the Gateway Development Zone (GDZ) zoning district. Sections 29-67(a) of the Galveston Zoning Standards state the following: Except as hereinafter provided, no building or structure or part thereof shall be erected, altered, or converted for any use permitted in the district in which it is I Staff Report Case 12Z-05 Page 2 of3 located unless there shall be provided on the lot or tract, or within 150-jeet ofsuch building or structure, parking for at least the number of motor vehicles set forth in Paragraph B below for each applicable zoning district. The proposed "Sea Scout Base Galveston" development will be located on the properties addressed 7511, 7509 and 7415 Broadway which are located south, across Broadwayll-45, at a distance of approximately 270-feet from the proposed parking lot. The parking lot will be located on the vacant lot adjacent and to the east of the property addressed 7404 Broadway/I-45. Variance Request: To increase the distance from the parking lot and the land use from within ISO-feet ofthe use to within 300-feet ofthe use. Applicant's Justification "Multi-purpose facility requires additional parking for scout/student dormitory facility, a five­ story banquet, office, program event facility. Shuttle bussing and a proposed future 1-45 pedestrian walk-over will provide access to and from the parking lot". CONDITIONS FOR A VARIANCE The Board of Adjustment may grant a variance under this Section only if the variance is not prohibited by Section 14.401.C. in Article 14, Administrative Bodies, and if the Board makes a determination in writing that all of the following are demonstrated: 1. The request for the variance is rooted in special conditions of the applicant's property that do not generally exist on other properties in the same zoning district. 2. Due to said special conditions, the literal enforcement of the strict terms of these Land Development Regulations would impose an unnecessary hardship on the applicant 3. The variance is not contrary to the public interest, in that: i. It does not allow applicants to impair the application of these regulations for: a. Self-imposed hardships; b. Hardships based solely on financial considerations, convenience or inconvenience; or c. Conditions that are alleged to be "special," but that are actually common to many properties within the same zoning district 11. The variance will not have a detrimental impact upon: a. The current or future use of adjacent properties for purposes for which they are zoned; b. Public infrastructure or services; and c. Public health, safety, morals and general welfare of the community. 4. The degree of variance allowed from these Land Development Regulations is the least that is necessary to grant relief from the identified unnecessary hardship. 5. The variance shall not be used to circumvent other procedures and standards of these Land Development Regulations that could be used for the same or comparable effect (e.g., if alternative development patterns, alternative development standards, or other flexible measures in these regulations are available that would avoid or mitigate hardship without using a variance, then they must be used). 6. By granting the variance, the spirit of these Land Development Regulations is observed and substantial justice is done. I Staff Report Case 12Z-0S Page 3 of3 ATTACHMENTS "A" - Zoning Map "B" Aerial Map "C" - Survey "D" Site Plan Respectfully Submitted, Date Dati ,J 1'l'!lfIMii'lj!:I+'t!!Ir!l\HIg Division\ZBA \Staff Reports\I 2zba\ 12Z-05\12Z-05 stfdoc