Zoning Board of Adjustment

I City of Galveston Department of Planning and Community Development P. O. Box 7791 Galveston, Texas 77553-07791 Ph (409) 797-36601 Fax (409) 797-3661 AGENDA ZONING BOARD OF ADJUSTMENT REGULAR MEETING 4:00 p.m., Wednesday, April 4,2012 City Council Chambers, 2nd Floor of City Hall 823 Rosenberg, Galveston, Texas A. Attendance B. Contlict of Interest C. Minutes: March 7, 2012 D. New Business and associated Public Hearing: 12Z-09 (12250 Jenkins) Request for a variance from the Galveston Zoning Standards Section 29-65 regarding setback requirements within a One Family-One (J F-J) zoning district. Property is legally described as part of Lots 303 and 304 (303-5), Trimble and Lindsey, Section 2, in the City and County of Galveston, Texas Applicant: Sullivan Land Services Property Owner: Donna Girouard 12Z-10 (1205 30th Street) Request for a variance from the Galveston Zoning Standards Section 29­ 65 regarding setback requirements within a General Residence (GR) zoning district. Property is legally described as North 22.5 feet of Lot 7 (7-1). Block 30, Galveston, in the City and County of Galveston. Texas Applicant: Sullivan Land Services Property Owner: Reyna Mendoza 12Z-11 (1120 103 rd Street) Request for a variance from the Galveston Zoning Standards Section 29­ 65 regarding setback requirements in a One Family Two (I F-2) zoning district. Property is legally described as Lot 39, Airport Homesites. Section 4. a subdivision, in the City and County of Galveston. Texas. Applicant: Douglas C. and Ruth P. Kelly c/o Ray Cowat1 Property Owner: Douglas C. and Ruth P. Kelly 12Z-12 (5305 Avenue K) 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 10, Block 21. Denver Resurvey. a subdivision. in the City and County of Galveston. Texas. Applicant and Property Owner: Verna Thompson E. Adjournment Prepared By: Athena Petty, Planning Staff A ant Date Prepared: March 27, 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. [F)~~'iJ'I§f[Y S \Plannmg\Planmng Ol\lSIOO\ZBA\Ag\.."ndas\Agl.Tldas 12\040412 doc MAR 2 9 2012 I.!!) CITY SECRETARY'S OFFICE IStaff Report Case 12Z-09 Page 11 12Z-09 (12250 Jenkins) Request for a variance from the Galveston Zoning Standards Section 29-65 regarding setback requirements within a One Family-One (I F-l) zoning district. Property is legally described as part of Lots 303 and 304 (303-5), Trimble and Lindsey, Section 2, in the City and County of Galveston, Texas Applicant: Sullivan Land Services Property Owner: Donna Girouard and Land Use: One Family-One (I 1) Residential Surrounding Zoni nd Use: North South East West Zoning One Family-One One Family-One One Family-One One Family-One (IF-I) (IF-I) (IF-I) (IF-I) I Land Use Residential Residential Residential Residential Property Owner Notification as of April 4, 2012: Sent Returned In Favor In Opposition No Comment 9 Advertisement Date: March 23,2012 City Department Notifications: Private Utility Notifications: Airport: Pending A. T. & 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 in order to allow the encroachment of the existing structure, into the rear yard setback, to remain. The structure has been elevated through the CDBG disaster recovery program. Prior to the elevation of the structure, a building permit was issued for the home to be elevated within its existing footprint. After the home was elevated, a new survey revealed the structure had been repositioned closer to the rear property line. Please see Attachment "c" for a survey of the structure before the elevation and Attachment "D" for a survey of the structure as it is currently positioned. Variance requested: • Rear yard (north) setback from legally non-conforming (grandfathered) 6-feet to 5-feet. Applicant's Justification for tbe Variance: "The home originally encroached and still does after elevation ofthe home". 1 Staff Report Case 12Z-09 Page 21 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: 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. f ! 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 I 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. 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 ofthe 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 "C" - Survey before elevation "B" - Aerial Map "D" - Survey after elevation IStaff Report Case 12Z-10 Page 1\ 12Z-10 (1205 30 th Street) Request for a variance from the Galveston Zoning Standards Section 29·65 regarding setback requirements within a General Residence (GR) zoning district. Property is legally described as North 22.5 feet of Lot 7 (7·1), Block 30, Galveston, in the City and County of Galveston, Texas Applicant: Sullivan Land Services Property Owner: Reyna Mendoza E'ti XIS ng Z . omngandL an dUse: Zoning General Residence (GR) Land Use Residential Surroun d'mg Z onm~ . an dL an dUse: i North South East West Zoning General Residence General Residence General Residence Neighborhood (GR) (GR) (GR) Services (NS) Land Use Residential Residential Residential Residential Property Owner Notification as of April 4, 2012: Sent Returned In Favor In Opposition No Comment 30 Advertisement Date: March 23, 2012 ~ ! City Department Notifications: Airport: Building Department: Pending Pending Private Utility Notifications: A.T.&T: CenterPoint Energy: Pending Pending I Fire Chief: Fire Marshal: Police Department: Public Works: Pending Pending Pending Pending Comcast: Texas Gas Service: Pending Pending I f t ANALYSIS The applicant is requesting a variance in order to construct new stairs and landing onto an existing home that has been elevated through the CDBG disaster recovery program. The proposed new stair and landing will encroach the required 3' side yard setback (Attachment C). Variance requested: • Side yard (south) setback from 3-feet to O-feet. Applicant's Justification for the Variance: "Part of the DRHP, applicant had existing stairs on left side of home that encroached 3 . setback. Home has been elevated and homeowner wishing to keep her stairs leading to the door on left side ofhome ". CONDITIONS FOR A VARIANCE The Board of Adjustment may grant a variance under this Section only if the variance is not prohibited by Section 14.40 I.e. in Article 14, Administrative Bodies, and if the Board makes a determination in writing that all of the following are demonstrated: IStaff Report Case 12Z-10 Page 21 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 ofthese 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 ofthese Land Development Regulations is observed and substantial justice is done. 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 ofthe 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/Aerial Map "B" - Permitted Site Plan "C" - Survey/Site Plan Respectfully submitted, ~-7.1- \'2­ Date D te I Staff Report Case 12Z-11 Page 1 12Z-11 (1120 103 rd Street) Request for a variance from the Galveston Zoning Standards Section 29-65 regarding setback requirements in a One Family Two (IF-2) zoning district Property is legally described as Lot 39, Airport Homesites, Section 4, a subdivision, in the City and County of Galveston, Texas. Applicant: Douglas C. and Ruth P. Kelly c/o Ray Cowart Property Owner: Douglas C. and Ruth P. Kelly E' XISf IDf! Z onIDf! . an dLan dUse: Zoning One Family-Two (IF-2) Land Use Residential Surroun d'IDf! Zo' nID~ an dLan dUse: North South East West Zoning Planned One Family-Two One Family-Two Development Water(W) (IF-2) (1 F-2) (PD) Land Use Residential I Residential Canal Vacant Property Owner Notification as of April 4,2012: Sent Returned In Favor In Opposition No Comment II 17 II Advertisement Date: February 23,2012 City Department Notifications: Private Utility Notifications: Airport: Pending A. T. & 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 proposing the construction of a screened porch and restroom addition to the existing raised one-story structure. The applicant is requesting the proposed addition with the western fa9ade of the structure. As proposed, the front addition will encroach two (2) feet into the required 15-foot front yard setback (Attachment C). Additionally, the subject lot conforms to the City's lot area requirements with regard to width, depth and area. Variance requested: • Front yard (west) setback from 15-feet to 13-feet. Applicant's Justification for the Variance: "Addition requires additional 2' into setback for new bathroom to have walk space from existing structure ". IStaff Report Case 12Z-11 Page 21 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 ofthe 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. 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 ofthe 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" - Site Plan Respectfully submitted, a ner II/GIS Analyst AISm/fReportsI12zball2Z-11112Z-11 STF.doc IStaff Report 12Z-12 Page 1 I 12Z-12 (5305 Avenue K) 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 10, Block 21, Denver Resurvey, a subdivision, in the City and County of Galveston, Texas. Applicant and Property Owner: Verna Thompson ' f109 ZonlOgandLand Use: E XIS Zoning General Residence (GR) Land Use Residential S urroun d'109 Zo' DIng andLand Use: North South East West Zoning General General General General Residence (GR) Residence (GR) Residence (GR) Residence (GR) Land Use Residential Residential Residential Resi -­ Property Owner Notification as of April 4, 2012 Sent 37 Advertisement Date: Returned March 23,2012 In Favor In Opposition No comment 1 1 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 variances in order to construct a new home through the CDBG disaster recovery program. The proposed new construction will encroach the 10' front yard setback, and the 3' side yard setbacks for both the east and west property lines. I. Variance regarding setbacks in the General Residence (GR) zoning district Please reference the table below for the required setbacks for single-family residential development in the General Residence (GR) zoning district, per Section 29-65. The setbacks for the proposed new construction are also shown below: ' D'Istnct: GeneraI R eSl'dence (GR) Z onmg Setback Fron ,or . Side Yard Rear Yard Required 10' 3' 10' Proposed 6.8' 1.3' 25.6' I IStaff Report 12Z-12 Page 2 Variance(s) Requested - the applicant is requesting variances from the following: • Front yard setback - from 10' to 6.8' for 3 linear feet for the stairs • Side yard setbacks - from 3' to 1.3' Applicant's Justification New structure goes over side build lines due to the square footage, garage, lift on the home. This all increases the footprint ofthe home. CONDITIONS FOR A VARIANCE The Board of Adjustment may grant a variance under this Section only if the variance is not prohibited by Section 14.40I.C. in Article 14, Administrative Bodies, and if the Board makes a determination in writing that all ofthe 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 shaH 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. 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 I t 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. J J l  IStaff Report 12Z-12 Page 3 ATTACHMENTS "A" - Zoning Map I "B" - Aerial Map "C" - Survey t "D" Site Plan I Respectfully Submitted, I I i.1 1 ! Dt 0. 6 Dustin Henry AICi,Urban Planner IIlPlanning GIS Analyst Date I , I i I oe, Director i ision\ZBA\StaiT Reports\12zba\12Z-12\12Z-12stf.doc ! I