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 AGENDA ZONING BOARD OF ADJUSTMENT REGULAR MEETING 4:00 p.m., Wednesday, July 11,2012 nd City Council Chambers, 2 Floor of City Hall 823 Rosenberg, Galveston, Texas A. Attendance B. Conflict of Interest C. Minutes: May 9, 2012 June 6,2012 D. New Business and associated Public Hearing: 12Z-21 (7805 and 7809 Broadway) Request for variances from the Galveston Zoning Standards Section 29-107: Height and Density Development Zone (HDDZ) and Section 29-106: Development Standards regarding wall plane articulation and outdoor lighting associated with a Marina and Restaurant development within the Commercial, Height and Density Development Zone, Zone I, (C-HDDZ-I) zoning district. Property is legally described as part of Lot 516 (516-10), Tremble & Lindsey, Section I, Lease Tract, and part of Lot 5 J 6 (516-6). Trimble and Lindsey. Section I: in the City and County of Galveston, Texas. Applicant: Harry C. Schultz. Jr., % Shelmark Engineering, % Rhonda Gregg Property Owner: Schultz Partners, LTD E. Discussion and Action Items, including Public Comment: • Land Development Regulation: board and/or commission member technical work group participation (Staff) F. Adjournment Prepared By: Athena Petty, Planning Staff tant Date Prepared: July 2. 2012 IN ACCORDANCE WITH THE PROVISIONS OF THE AMERICANS WITH DISABILITIES ACT (ADA), PERSONS IN NEED OF A SPECIAL ACCOMMODATION TO PART"A~ I~ T~ PROCEEDING SHALL. WITHIN THREE (3) DAYS PRIOR TO ANY PROCEEDIN , ~A~ TIUE CITY SECRETARY'S OFFICE, SUITE 201, 823 ROSENBERG, GALVESTON, TEX 3510). 77550 (409 797­ ~ JUL 0 5 2012 rul!:!J MEMBERS OF CITY COUNCIL MAY BE ATTENDING AND PARTICIPATI~~h~ckW~Y'S MEETING. OFFICE r ..l IL\lV \tJ'fJ S Plalllllllg PI.Ullllllg DI\ 1~hln\7B.\\ Ag":llda~' '\gl'llda!'i 12'.07111 ~ doc IStaff Report Case 12Z-21 Page 11 12Z-21 (7805 and 7809 Broadway) Request for variances from the Galveston Zoning Standards Section 29-107: Height and Density Development Zone (HDDZ) and Section 29-106: Development Standards regarding wall plane articulation and outdoor lighting associated with a Marina and Restaurant development within the Commercial, Height and Density Development Zone, Zone I, (C­ HDDZ-l) zoning district. Property is legally described as part of Lot 516 (516-10), Tremble & Lindsey, Section 1, Lease Tract, and part of Lot 516 (516-6), Trimble and Lindsey, Section 1; in the City and County of Galveston, Texas. Applicant: Harry C. Schultz, Jr., % Shelmark Engineering, % Rhonda Gregg Property Owner: Schultz Partners, LTD and Land Use: Zoning Commercial, Height and Density Development Zone, Zone 1 (C-HDDZ-l) MarinalBait and tackle saleslProposed Restaurant S urroun d'109 ZoDIng andLandUse: North South East West Zoning Light Industrial, Water(W) Commercial, Commercial Gateway Height and Height and Development Density Density Zone, Zone 2 (LI­ Development Development GDZ-2) Zone, Zone 1 (C- Zone, Zone 1 (C- HDDZ-l) HDDZ-l) Land Use Auto Sales Offatts Bayou Vacant Commercial Property Owner Notification as of rulv 11 2012: Sent Returned In Favor In Opposition No Comment 3 Advertisement Date: June 28,2012 City Department Notifications: Private Utility Company Notifications: Airport: Pending AT&T: Pending Building Division: No Objection CenterPoint Energy; Pending Fire Chief: Pending Com cast: Pending Fire Marshal: Pending Texas Gas Service: Pending Police Department: Pending Public Works Department: No Objection ANALYSIS The applicant is requesting variances from the Galveston Zoning Standards Section 29-107: Height and Density Development Zone (HDDZ). Adopted in April of2008, the HDDZ regulations were created to provide new prescriptive development standards for key areas of the city in order to: 1. Promote development and redevelopment that is compatible in height, mass and scale with surrounding neighborhoods and preserves view corridors and access to Gulf breezes; 2. Promote development and redevelopment that meets community objectives and supports an overall future vision for the island; !Staff Report Case 12Z-21 Page 21 3. Promote sustainable design within the overlay zones; and 4. Allow for the continued growth and expansion ofthe local economy. The applicant is requesting the following variances: 1. Wall Plane Articulation 29-107 (t){4){c) The Wall Plane Articulation requirement states that in base tier development, for every 30 feet of building wall length, there must be an offset of at least 5 feet in depth and 10 feet in length. After the third story, the maximum wall length increases to 50 feet. The purpose of this regulation is to provide for more variation in building design and eliminate featureless blank walls. The following chart outlines the three components of the Wall Plane Articulation requirement: Wall Plane Articulation Vertical Building Section Building Wall Offset Depth Offset Length From To Len2th (max.) (min.) (min.) Grade 13 Stories or 35' 1 30 feet 1 5 feet I 10 feet Requested Variance #1: The applicant is proposing to construct a 75-foot flat wall onto the rear side of the building eliminating any wall plane offsets. The applicant is requesting the following variance from the Wall Plane Articulation requirements for Grade to 3 Stories: Requirement Building Wall Length Offset Depth Offset Length 30 feet (max) 5 feet (min) 10 feet (min) South (water facing) 75 feet (max) ofeet ofeet 2. Parking area and Roadway Lighting 29-107 (t){10){e){I): The Parking area and Roadway lighting states that only low intensity lighting shall be used and such lighting shall be set on a base which raises the source of light no higher than 96 inches (8-feet) off the ground for parking areas. The applicant is proposing light poles that will raise the source of light up to 20-feet. Requested Variance #2: To increase the lighting pole height from 96 inches (8-feet) to 20-feet. APPLICANT'S JUSTIFICATION "The proposed restaurant will be constructed on grade using timber framing with a custom structural truss roof system providing an open-air dining area. Any articulations of a wall projection is truly a structural burden to the building as the walls project approximately 33-feet above the finish floor and require additional modifications to the roof trusses and foundation. Modifications have been made to 3 sides of the proposed structure to provide wall articulation as described in Sec 29-J07(j)(4)(c}. The site provides a visual interest that is the spirit ofthis portion of the regulation (see attachments). Parking lights have been re-installed in original site locations and height provides a safe & secure parkingfacility for marina patrons ". 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. IStaff Report Case 12Z-21 Page 31 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 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/Lighting Map "B" - Aerial Map "C" - Applicant's Submittal (7 pages - site plan, elevations, photos) Respectfully Submitted, ~~-- Pete ~baDPla~ II Date Lori Schwarz, Interim Director Date S:\Planning\Pianning Divisionl.ZBA\Staff Reporu\12zba\12Z-21 \12Z-21 STF.doc