Zoning Board of Adjustment

City of Galveston Department of Planning and Community Development P.O. Box 779/ Galveston, Texas 77553-0779/ Ph (409) 797-3600/ Fax (409) 797-3601 AGENDA ZONING BOARD OF ADJUSTMENT REGULAR MEETING 4:00 p.m., Wednesday, October 3, 2012 City Council Chambers, 2 nd Floor of City Hall 823 Rosenberg, Galveston, Texas A. Attendance B. Conflict of Interest C. Minutes: September 5, 2012 D. New Business and associated Public Hearing: 12Z-31 (15 South Shore Dr) Request for variances from the Galveston Zoning Standards Section 29-65 regarding setback requirements in a One Family-One (I F-I) zoning district. Property is legally described as Lot 17 and East ~ of Lot 18, South Shore subdivision, a subdivision in the City and County of Galveston, Texas. Applicant and Property Owner: Gildario Lopez E. Adjournment Prepared By: Athena Petty, Planning Sta Date Prepared: September 24,2012 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 (409797-3510). MEMBERS OF CITY COUNCIL MAY BE ATTENDING AND PARTICIPATING IN THIS MEETING. S \Planning\Pinnning Divisloo\ZBA\AgI."'fXbs-lAgcndas t2\J oOJ l1 doc ~@~If[§~ SEP 2 8 2012 CITY SECRETARY'S OFFICE R9' 1ltr' tJ,\t!5 IStaff Report Case 12Z-31 Page 11 12Z-31 (15 South Shore Dr) Request for variances from the Galveston Zoning Standards Section 29-65 regarding setback requirements in a One Famity-One (1 F-1) zoning district. Property is legally described as Lot 17 and East Y:z of Lot 18, South Shore subdivision, a subdivision in the City and County of Galveston, Texas. Applicant and Property Owner: Gildario Lopez XIS f 109 Z E' . omngandLandUse: Zoning One-Family One (IF-I) Land Use Single Family Residential and Land Use: South East West I Zoning 0 ne-Family Two One-Family One One-Family One (IF-I) (IF-2) (IF-i) (IF-I) / Land Use Residential Residential Residential Residential Property Owner Notification as of October 3,2012: Sent Returned In Favor In Opposition No Comment 25 Advertisement Date: September 22, 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 has constructed a new single family home to replace a previously existing home that had been destroyed by Hurricane Ike. As built, the new home is encroaching the 20-foot front yard setback and the 5-foot side yard setback, on the west side. The front of the structure is positioned 17.5-feet from the front property line and the AlC platform is located 2.5-feet from the west side property line. Additionally, a bay window encroaches the west side setback by .5­ feet. However, the bay window encroachment is 2-feet less than the encroachment of the AlC platform. Additionally, the subject lot conforms to the City's lot area requirements with regards to width, depth and area. Variance requested: • Front yard setback from 20-feet to 17.5-feet. • Side yard (west) setback from 5-feet to 2.5-feet. IStaff Report Case 12Z-31 Page 21 Applicant's Justification: "Measured property linefrom curb atfront ofhouse. West side fence 6" (inches) ofJto west side. Driveway 6' (feet) from east side". 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: 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" - Survey RespectfuUy submitted, ~ 1tt:· ­ Date Lori Feild Schwarz, AICP, Interim ecforlllPO Date S:\Planning\Planning Division\zBA\StaffReports\12zba\12Z-31\12Z-31 STF.doc