Zoning Board of Adjustment

AGENDA ZONING BOARD OF ADJUSTMENT REGULAR MEETING 4:00 p.m., Wednesday, February 6, 2013 City Council Chambers, 2nd Floor of City Hall 823 Rosenberg, Galveston, Texas A. Attendance B. Conflict of Interest C. Minutes: January 9, 2013 D. New Business and associated Public Hearing: 13Z-01 (1014 61st Street) Request for a variance from the Galveston Zoning Standards Section 29-105 (c) (1) (d) (1&2) regarding sign height, type and square footage, in a Commercial, Gateway Development Zone, Zone -1, Height and Density Development Zone, Zone 1 (C-GDZ-1-HDDZ-1) zoning district. Property is legally described as part of Lot 34 (34-2), Trimble and Lindsey, in the City and County of Galveston, Texas Applicant and Property Owner: Lamson Nguyen 13Z-02 (6702 Seawall Boulevard) Request for a variance from the Galveston Zoning Standards Section 29- 102(k)(7)b. regarding a pylon sign within the Retail, Seawall Development Zone, Zone 4, Height and Density Development Zone, Zone 5, (R-SDZ-4-HDDZ-5) zoning district. Property is legally described as Hall & Jones Survey, Part of Lots 90 and 101 (76-4), Trimble and Lindsey Section 1, in the City and County of Galveston, Texas. Applicant: CMA c/o Bruce Carlson Property Owner: Walmart Real Estate Business Trust ℅ Walmart Stores, Inc. # 504 c/o Dana Morrison 13Z-03 (2828 Seawall Boulevard) Request for a variance from the Galveston Zoning Standards Section 29-67 Vehicle Parking. Property is legally described as Lots 1 through 4, Southwest Block 140 of the Galveston Outlots, in the City and County of Galveston, Texas. Applicant: John Listowski/HomeLife Builders Property Owner: Inman Investments, Inc. E. Adjournment Prepared By: Athena Petty, Planning Staff Assistant Date Prepared: January 29, 2013 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 MAY BE ATTENDING AND PARTICIPATING IN THIS MEETING. S:\Planning\Planning Division\ZBA\Agendas\Agendas 13\020613.doc IStaff Report Case 13Z-01 Page 11 13Z-01 (1014 61 st Street) Request for a variance from the Galveston Zoning Standards Section 29-105 (c) (1) (d) (1&2) regarding sign height, type and square footage, in a Commercial, Gateway Development Zone, Zone -1, Height and Density Development Zone, Zone 1 (C-GDZ-I-HDDZ-I) zoning district. Property is legally described as part of Lot 34 (34-2), Trimble and Lindsey, in the City and County of Galveston, Texas Applicant and Property Owner: Lamson Nguyen Existing Zoning and Land Use: Zoning Commercial, Gateway Development Zone Zone-I, Height and Density Development Zone Zone-l (C-GDZ-I-HDDZ-l) Land Use Commercial i Surrounding Zoning and Land Use: North South East West Zoning Light Industrial, Commercial, Gateway Recreation Gateway Commercial, Development (REC) Development Height and Zone, Zone-I, Zone Zone-I, Density (LI-GDZ-l) Height and Development Density Zone, Zone-l Development (C- HDDZ-l) Zone Zone-l (C­ GDZ-I-HDDZ-I) Land Use Commercial Commercial Commercial Commercial Property Owner Notification as of February 6, 2013: Sent Returned In Favor In Opposition No Comment 6 Advertisement Date:, January 25, 2013 City Department Notifications: Private Utility Notifications: Airport: Pending AT&T: Pending Building Department: Pending Center Point Energy: Pending Fire Chief: Pending Comcast: Pending Fire Marshal: Pending Texas Gas Service: Pending Police Department: Pending Public Works Department: Pending ANALYSIS The applicant is requesting a variance from the signage regulations of the Gateway Development Zone Zone-l (GDZ-l) in order to erect a detached pole sign for the Sherwin Williams building that is being proposed to be built on this property. The sign will be placed on the north side of the lot and on the west side of one of the proposed entrance to the parking lot adjacent to highway 45 frontage road. Please reference Section 29-105 (c) (l)(d) sign regulations for the Gateway Development Zone Zone-l below: Section 29-105: Gateway Development Zone Guidelines (Ord. 03-106, 06-038, 11-0/2, 11-046, f2-070) c. Signage (Ord. 06-038) IStaff Report Case 13Z-01 1. Zone 1: Justice Center District Page 2\ I , ! I! d. Detached (Monument) Signs: (1) Freestanding signs shall be monument signs of a height no greater than 121eet i including the base ofthe sign. i 1 (2) The sign face, which is defined as the sign area above the base ofthe sign, shall be no more than 48 square feet for one (1) tenant property and no greater 64 square feet for more than one tenant. (3) Monument signs constructed in accordance with this ordinance shall be constructed of the same materials, colors and architectural style as buildings on the site. (4) 'One (1) detached sign shall be allowed for each street frontage for anyone (1) development project. Properties with greater than 300 linear feet of the primary street frontage are permitted a total of two (2) detached signs. No signs on the same street frontage shall contain the same owner-identification triformation, with the exception of the development name/title. All signs shall be separated by a minimum of501eet. I As stated above all detached signs located in the Gateway Development Zone Zone-l (GDZ-l) are to be 1 monument with a maximum height of twelve-feet (12') and a maximum square footage of forty-eight (48) square-feet. The applicant is proposing a pole sign that is sixty-feet (60') in height and two hundred seven­ square feet (207) in size. Please reference Attachment "c" and "D" for more details. Requested Variances: Sign Type Sign Height Sign Size I Permitted Monument Sign 12-Feet 48-Square-feet I Variance I 207 -Sq uare-feet Pole Sign 60-feet Requested I I I 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: 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 I I 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 I zoned; f b. Public infrastructure or services; and c. Public health, safety, morals and general welfare of the community. \ IStaff Report Case 13Z-0l Page 3 \ 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. I I 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 ofthe 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. NOTE: lIIumination of the sign must conform to Section 29-1 06(c) of the Galveston Zoning Standards regarding the Regulation of Outdoor Lighting. Should the proposed sign not comply with Section I 29-1 06( c), a separate variance request will be required. ATTACHMENTS "A" Zoning Map "B" - Aerial Map "C" Site Plan "D" - Sign Design Respectfully Submitted, Jani e NOr~an!lanner I, Zoning Administrator Date 72v~ Rick Vasquez, Director of Planning Date S;IPlanninglPlanning DivisionlZBAIStaff Reports\ 13zbaI13Z-011l3Z-01 stf.doc  MEMORANDUM TO: Carolyn Sunseri, Chairperson and Zoning Board of Adjustment Members FROM: Libby Stone, Coastal Development Planner Planning Department Jb DATE: January 25, 2013 RE: 13Z-02 (6702 Seawall Boulevard) Request for a variance from the Galveston Zoning Standards Section 29-1 02 (k)(7)b. regarding a pylon sign within the Retail, Seawall Development Zone, Zone 4, Height and Density Development Zone, Zone 5, (R-SDZ-4-HDDZ-5) zoning district. Property is legally described as Hall & Jones Survey, Part of Lots 90 and 101 (76-4), Trimble and Lindsey Section 1, in the City and County of Galveston, Texas. Applicant: CMA c/o Bruce Carlson Property Owner: Walmart Real Estate Business Trust % Walmart Stores, Inc. # 504 c/o Dana Morrison The applicant is requesting a continuance for the above request until the next regular Zoning Board of Adjustment meeting on March 6, 2013, in order to gather further information regarding the destroyed pylon sign. This is the first continuance of this case and there are no additional costs associated with the continuance. !j xc: Rick Vazquez, AICP, Director Department of Planning and Community Development , 1 S :\Planning\Planning DivisionlZBA\Staff Report.\ 1l,b.\l3Z-02\13Z-02 memO. doc I j 1 1 I I! l IStaff Report Case 13Z-03 Page 11" / 13Z-03 (2828 Seawall Boulevard) Request for a variance from the Galveston Zoning Standards Section ~ 29-67 Vehicle Parking. Property is legally described as Lots 1 through 4, Southwest Block 140 of the Galveston Outlots, in the City and County of Galveston, Texas. Applicant: John ListowskilHomeLife Builders Property Owner: Inman Investments, Inc. Existing Zoning and Land Use: Zoning Retail, Seawall Development Zone, Zone 2, Height and Density Development Zone, Zone 3(R-SDZ-2-HDDZ-3) il Ii Land Use Commercial, Restaurant Surround"mg Zo" nm~ andLandUse: North South East West Zoning Retail, Seawall Retail, Seawall Development Development Zone, Zone 2, Zone, Zone 2, Resort, Seawall Resort, Seawall Height and Height and Development Development Density Density Zone, Zone 2 (R­ Zone, Zone 2 (R­ Development Development SDZ-2) SDZ-2) Zone, Zone 3 Zone, Zone 3 (R-SDZ-2-HDDZ­ (R-SDZ-2-HDDZ­ 3) 3) I Land Use Commercial, Vacant, Beach Vacant, Beach Commercial, Hotel Retail II 6,2013: Returned In Favor In Opposition No Comment Advertisement Date: January 25,2013 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 Back2round The Zoning Board of Adjustment previously granted a variance from the number of required off-street parking requirements, parking design standards, and improvement requirements in April 2006 (Case 06Z­ 33). The variance granted reduced the number of required off-street parking spaces from fourteen (14) to five (5). ANALYSIS The applicant plans to construct two elevated deck additions in order to provide outdoor seating for patrons of the restaurant and bar. The additional outdoor seating will require an additional 27 off-street parking spaces in order to comply with the vehicle parking regulations of Section 29-67 of the Zoning Standards. There is insufficient space on the premises to construct the number of off-street parking IStaff Report Case 13Z-03 Page 21 spaces; therefore the applicant is requesting a variance from the number of required off-street parking spaces. 1. Variance regarding parking space schedule for non-residential uses The proposed project is subject to the following requirements per Section 29-67(c)(9): Vehicle Parking Regulations of the Galveston Zoning Standards: Restaurant or Cafeteria - One (I) space for each four (4) seats for fixed seating and one (1) space for each forty (40) square feet of floor area for moveable seating under maximum seating arrangement. Variance(s) Requested the applicant is requesting variances from the following: ( • Required Parking Space Schedule from 41 parking spaces to 5 parking spaces \ I Applicant's Justification The applicant has provided the folJowingjustification for the request: On April 12, 2006 (Case #06Z-33), the Zoning Board of Acijustment voted to approve a variance in the number of parking spaces needed at 2828 Seawall Boulevard. The variance was to reduce the number ofparking spaces from 14 to 5 spaces. This was the maximum number ofspaces that could be provided on the property. The business owner is proposing to add additional outdoor seating. The additional seating would require 27 additional parking spaces based on section 29-67 ofthe Zoning Ordinance. The majority of the additional traffic will be seasonal and walk in. We do not anticipate the needfor additional parking spaces becauye ofthis reason. The owner would like to request the Zoning Board of Acijustment approve a variance from 41 offstreet parking spaces to 5. 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 tenns 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. IStaff Report Case 13Z-03 Page31 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. 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 (l0) days from the day the Board renders its decision, and not thereafter. The time period set forth herein shall be deemed jurisdictional. ATTACHMENTS "A" - Aerial Map "B" Applicant Submittal (Ground Floor Plan, Upper Deck Plan, Seating Plan, Site Plan) 'JC1f3! 01/31. Date Vasquez Director of Planning Date S;\Planning\Planning DivisionlZBA\Staff Reports\13zba\13Z-03\I3Z-03 - STF,docx