Zoning Board of Adjustment

J I I !f II 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 t AGENDA ZONING BOARD OF ADJUSTMENT REGULAR MEETING 4:00 p.m., Wednesday. May 9, 2012 City Council Chambers, 20d Floor of City Hall 823 Rosenberg, Galvestoll, Texas I A. Attendance B. Contlict oflntcrest C. Minutes: April 4,2012 April 1I. 2012 D. New Blisiness and associalc,:j rubl ic I karing: 12Z-15 (5715 Stewart AYelllle) Request for a variance from the Galveston Zoning St:lIldarJ<; Section 29-65 regarding sethack requirements in a One Fr.mily One (I F-I) lOlling district. Property is legally described as Lot 4. Shore View Section 2. in the City and COllnty of (/alvesl\)l1, Texas. Applicant: Compass Pointe Homes clo Mike Hughes Property Owner: Rudy Flores 12Z-16 (1212 11th Street) Request to appeal the City of Galveston Landmark Commission's decision regarding case 12 LC-05. Request for a Certificate of Appropriateness for the demolition of the main structure within the San Jacinto Neighborhood Conservation District. Propelty is legally described as the South 71.5 feet of Lot I (1-2). Block 10. in the City Ill1d County of Gill vest on, Texas. Applicant: Tegrity Homes Property Owner: John Williams 12Z-17 (160 I Avenue D/Market) Request for variances frl)i1l the Galveston 70ning Standnrds Section 29-65 regarding setback requirements within the Historic OIIST) zoning district. Propclty is legally dcscril-wd as the North 63.6 feet of Lot 7 (7-0), Block 496, in the City and COllnty of Galveston. Texas. Applicant and PropC'rty Owner: Carol Ash I::. Adjournment Prepared By: D~lte Prcpar('d: IN ACCORDANCE WIT!! TilE PROVlS!U~\S OF Tl!E AVERICA:\S WITH DISAB1LlT!l-:S ACT (ADA). PERSO'!\S I~ NEED OF !\ SPFCT\L :\CCO'll\;1nDAT!O~ TO Pl\RTICIPATE I , . 'HIS PROCEFD!\'G SllALL WIT!IlN TI.IREE (1) D\\'S P!=t!OR TO A~Y PROCFEDP\G. CONTACT TH T@E~'Lvr'~ G OFIICE, SI:lrE 20 I. 823 ROSEN BERe;, CiAI. VFSTOX TEX AS 77550 (409 797-351 O), • ~ MEM8ERS OF CITY COlJNC'!L 'VIAY BF: ATTE1\DlNG AND PARTICIPATING 11\ T HIS t.iA¥1Q1'iG2012 ~ """""",,, ",., """" /)"" ""7;;·\,\"",,,,,, \:",,,1,,, L: 01"'''1' .I"" CITY SECRETARY'S \l- '( OFFICE IStaff Report 12Z-15 Page 1 I 12Z-15 (5715 Stewart Avenue) Request for a variance from the Galveston Zoning Standards Section 29-65 regarding setback requirements in a One Family One (IF-I) zoning district. Property is legally described as Lot 4 Shore View Section 2, in the City and County of Galveston, Texas. Applicant: Compass Pointe Homes c/o Mike Hughes Property Owner: Rudy Flores E XIS ' flD2 Zo' mn2andLandUse: Zoning One Family One (IF-I) Land Use Residential Surroun d'lD2 Z onlD2andLandUse: . North South East West Zoning One Family One One-Family One One-Family One One-Family One i Dwelling Dwelling Dwelling Dwelling District (1 F -1) District (1 F-1 ) District (IF-I) District (IF-I) Land Use Residential Residential Residential Residential Property Owner Notification as of May 9, 2012: Sent Returned In Favor In Opposition No Comment Advertisement Date: April 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 for a new home that was constructed through the CDBG disaster recovery program. The new home was constructed in error and the front stairs now encroach the 20' front setback. 1. Variance regarding setbacks in the One Family One (IF-l) zoning district Please reference the table below for the required setbacks for single-family residential development in the One Family One (IF-I) zoning district, per Section 29-65. The setbacks for the proposed new construction are also shown below: Z omn2 D'IS t rIC ' t : 0 ne- FamllY 'I Four (IF­ 1) Setback Front Yard Side Yard Rear Yard I Required 20' 3' 10' Proposed 17' NA NA I IStaff Report 12Z-1S Page 2 Variances Requested - the applicant is requesting a variance from the following: • Front yard setback from 20' to 17' on the front property line; Applicant's Justification "Original survey the property lines were not submitted on plans. This caused front stairs to be installed over property lines ". 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: I. 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. n. 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. 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. IStaff Report 12Z-15 Page 3 A'ITACHMENTS "A" - Zoning Map "B" Aerial Map "C" Original Survey "D" - Current Survey ;s;onIZBAlStaffReports\llzba\12Z-15\12Z-15 STF.doc i I  1 MEMORANDUM r t TO: Carolyn Sunseri, Chair and Board Members Galveston Zoning Board of Adjustment I FROM: Dustin Henry AICP, Urban Planner II, Planning GIS Analyst N IH Department of Planning and Community Development VVf DATE: April 30,2012 RE: 12Z-16 (1212 11th Street) Request to appeal the City of Galveston Landmark Commission's decision regarding case 12LC-OS. Request for a Certificate of Appropriateness for the demolition of the main structure within the San Jacinto Neighborhood Conservation 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: Tegrity Homes Property Owner: John Williams The Landmark Commission, at their regular meeting of March 5, 2012, failed to take action on the above referenced request regarding a Certificate of Appropriateness for the demolition of the main structure within the San Jacinto Neighborhood Conservation District. Per Roberts Rules of Order, failure to take action results in a denial of the request (case 12LC-05). Please refer to Attachment "B" for the original staff report and related attachments, as well as Attachment "c" for the action letter sent to the applicant. Per Section 29-80(h) of the Galveston Zoning Standards, the Landmark Commission is required to base decisions on the following conditions: (4) Review and decision by Landmark Commission; Appeals (a) Review Process (2) In determining whether to approve or disapprove the application, the commission shall consider applicable design guidelines. The San Jacinto Neighborhood Conservation District Design Standards are the current set of guidelines the Landmark Commission must use to base its decisions on requests for demolition within the San Jacinto Neighborhood Conservation District. The attached staff report references sections of the Design Standards that are applicable to the subject case, as well as any previous cases, which established precedent regarding specific issues. If the proposed work will have an adverse impact, the Landmark Commission must deny the application in accordance with the following portion of Section 29-80(h)(4) of the Zoning Standards for the City of Galveston: (b) Decision (3) The Commission shall deny the application if there is a final decision by the Commission that the proposed work will have an adverse effect on: (a) The external architectural features of the historic landmark;  (b) The external architectural features ofthe properties in the block or in the historic district as a whole; or, (c) The future preservation, maintenance or use of the historic landmark or ofthe historic district. Per Section 29-80, the applicant, if aggrieved by the Commission's decision, may appeal the Commission's decision to the Zoning Board of Adjustment. The applicant submitted a letter to the Historic Preservation Officer within ten (10) days of the Landmark Commission decision stating the intention to appeal. Please note that judicial review of the decision of the Zoning Board of Adjustment shall be in accordance with the Texas Local Government Code. xc: Wendy O'Donohoe, Director Department of Planning and Community Development Attachments "A" Applicant's Justification (1 page) "B" - Staff Report for 12LC-05, including attachments (47 pages) "c" - Action letter for 12LC-05, dated March 6,2012 "D" Transcribed minutes for the March 5, 2012 Landmark Commission meeting (4 pages) S:\Planning\Planning Division\ZBA \Staff Reports\l2zba\l2Z-16\12Z-16 - Appeal Memo.docx IStaff Report Case 12Z-17 Page II 12Z-17 (1601 Avenue DlMarket) Request for variances from the Galveston Zoning Standards Section 29-65 regarding setback requirements within the Historic (HIST) zoning district. Property is legally described as the North 63.6 feet of Lot 7 (7-0), Block 496 Galveston, in the City and County of Galveston, Texas. Applicant and Property Owner: Carol Ash E'ting Z onmg an dLandUse: XIS Zoning Historical District (HIST) Land Use Residential and Land Use: North South East West Zoning One Family- One Family- Four, Historical Historical Historical Four, Historical District District (HIST) District (HIST) District (IF-4-H) (IF-4-H) Residential Commercial Residential t- Property Owner Notification as of May 9, 2012: Sent 22 Returned In Favor In Opposition No Comment Advertisement Date: April 26, 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 Historical and/or Architectural Significance According to the 1994 Historic District Survey, the two-story frame Classical Gothic single family dwelling was built in 1890. The structure was in moderate condition at the time of the survey, with none to minor alterations. The property was evaluated as "Contributing" to the historical significance of the district through location, design, setting, materials, workmanship, feeling, and/or association. ANALYSIS The applicant is proposing to make exterior alterations to the structure, including new front stairs, new deck and stairs on east elevation, deck and new stair on south elevation, elevator shaft, three level stairs, and HV AC platform on west elevation. The proposed new construction will encroach the required 3-foot side yard setbacks and lO-foot rear yard setback. IStaff Report Case 12Z-17 Page 21 Please reference· the table below for the required setbacks for single-family residential development in the Historical District (HIST) zoning district, per Section 29-65. The setbacks for the proposed new construction are also shown below: . D'IS t . Zonmg t H'IStOrIca rIC: . I D'IS t . rIC t (HIST) Setback Front Yard Side Yard Rear Yard Required Average Alignment 3' 10' ! Proposed 3' 2' 2' Variance(s) Requested - the applicant is requesting variances from the following: • Side yard setbacks from 3' to 2' • Rear yard setback from 10' to 2' Applicant's Justification New front stair to match existing, new deck and stair on east side, both deck and new stair seen from south elevation, elevator shaft on west elevation, third level stair on west elevation, HVAC platform on west elevation. Landmark Commission The Landmark Commission, at their regularly scheduled meeting on April 16, 2012, unanimously voted to recommend approval of this request (case 12LC-18). 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. 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. IStaff Report Case 12Z-17 Page 31 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 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" Site Plan Respectfully Submitted,