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, May 8, 2013 City Council Chambers, 2 nd Floor of City Hall 823 Rosenberg, Galveston, Texas A. Attendance f t, ! B. Conflict of Interest I i! C. Minutes: April 10, 2013 ~ r D. Old Business and associated Public Hearing: 13Z-01 (1014 61 sl Street) Request for a variance from the Galveston Zoning Standards Section 29­ I 105 (c) (I) (d) (1&2) regarding sign height, type and square footage, in a Commercial, Gateway Development Zone, Zone -I, Height and Density Development Zone, Zone 1 (C-G DZ-I-HDDZ-l) zoning district. Property is legally described as part of Lot 34 (34-2), Trimble and Lindsey, in the I City and County of Galveston, Texas Applicant and Property Owner: Lamson Nguyen 13Z-08 (2501 Seawall Blvd.) Request for variance from the Galveston Zoning Standards Section 29­ 82 (k) and Section 29-102 (k) regarding signage in a Resort, Seawall Development Zone, Zone 2 (RES-SDZ-2). Property is legally described as M. Menard Survey, NE & SE Blocks 141 & Adjacent Acreage Tract (141-3000-0), Galveston Outlots, in the City and County of Galveston, Texas. Applicant: John Hadaya, Ultrasigns, Inc. Property Owner: Jonathan Greene, Willie G's Post Oak Inc. 13Z-09 (270112709 Broadway Boulevard) Request for a variance from the Galveston Zoning Standards Section 29-99 (g) (1) (a) and (2), regarding front yard fences and fence height requirements within the Commercial, Broadway Overlay Zone, Zone-three (C-BOZ-3) zoning district. Property is legally described as Lots 5, 6 and 7, Block 147, in the City and County of Galveston, Texas. Applicant and Property Owner: Lynne S. Averett 13Z-10 (1811 61 s1 Street) Request for a variance from the Galveston Zoning Standards Section 29­ 82 (e) (1) regarding signs attached to an unapproved supporting structure and Section 29-82 U) (5) regarding exceeding the detached sign limit, in a Recreation, (REC) zoning district. Property is legally described as part of Lot 45 (45-2), Trimble and Lindsey Section 1, in the City and County of Galveston, Texas Applicant: Jason Reuter Property Owner: George and Tanna Zendehdel MEMORANDUM TO: Carolyn Sunseri, Chairperson and Zoning Board of Adjustment Members FROM: Janice Norman, Urban Planner I, Zoning Administrator Department of Planning and Community Development DATE: February 26, 2013 RE: 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-l) 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 The Zoning Board of Adjustments at their regular meeting of April 10, 2013, voted to continue the above referenced case until the May 8, 2013, regular meeting to allow the applicant time to reconfigure the sign. The applicant is requesting that this case be continued until the June 5, 2013, regular meeting to allow more time to redesign the sign. This is the fonrth continuance of this case and there are no additional costs associated with the continuance. xc: Rick Vasquez, Director Department of Planning S:lPlanninglPlanning DivisionlZBA\StaffReports\13zbaI13Z.0 1\ IJZ-Ol Memo.doc MEMORANDUM TO: Carolyn Sunseri, Chairperson and Zoning Board of Adjustment Members FROM: Catherine Gorman, AICP, Assistant Director/HPO ~ Planning Department DATE: April 30, 2013 RE: 13Z-08 (2501 Seawall Blvd.) Request for variance from the Galveston Zoning Standards Section 29-82 (k) and Section 29-102 (k) regarding signage in a Resort, Seawall Development Zone, Zone 2 (RES-SDZ-2). Property is legally described as M. Menard Survey, NE & SE Blocks 141 & Adjacent Acreage Tract (141-3000-0), Galveston Outlots, in the City and County of Galveston, Texas. Applicant: John Hadaya, Ultrasigns, Inc. Property Owner: Jonathan Greene, Willie G's Post Oak Inc. The Zoning Board of Adjustment at their regular meeting on April 10, 2013, voted to continue the above referenced case until their regular meeting on May 8, 2013, to allow the applicant time to explore options for the sign. This was the first continuance of this case and there are no additional costs associated with the continuance. xc: Rick Vasquez, Director Planning Department S:\Planning\Plannin8 Division\ZBA\Stafr Reports\13zba\13Z~08\ 13Z-08 Memo,doc I I !1 l MEMORANDUM TO: Carolyn Sunseri, Chairperson and Zoning Board of Adjustment Members FROM: Janice Norman, Urban Planner I, Zoning Administrator Department of Planning and Community Development DATE: April 11, 2013 RE: 13Z-09 (270112709 Broadway Boulevard) Request for a variance from the Galveston Zoning Standards Section 29-99 (g) (1) (a) and (2), regarding front yard fences and fence height requirements within the Commercial, Broadway Overlay Zone, Zone-three (C-BOZ-3) zoning district. Property is legally described as Lots 5, 6 and 7, Block 147, in the City and County of Galveston, Texas. Applicant and Property Owner: Lynne S. Averett The Zoning Board of Adjustment at their regular meeting on April 10, 2013, voted to continue the above referenced case until their regular meeting on May 8, 2013, to allow the applicant time to explore options for the fence. This will be the first continuance of this case and there are no additional costs associated with the continuance. xc: Rick Vasquez, Interim Director Department of Planning and Community Development S:lPlanninglPlanning DivisionlZBA\Staff Reports\ 13zba\ 13Z-09\ 13Z-09Memo.doc , , t t I I ,I t t l i MEMORANDUM TO: Carolyn Sunseri, Chairperson and Zoning Board of Adjustment Members FROM: Janice Norman, Urban Planner I, Zoning Administrator Department of Planning and Community Development DATE: Aprilll,2013 RE: 13Z-10 (1811 61 st Street) Request for a variance from the Galveston Zoning Standards Section 29-82 (e) (l) regarding signs attached to an unapproved supporting structure and Section 29-82 G) (5) regarding exceeding the detached sign limit, in a Recreation, (REC) zoning district. Property is legally described as part of Lot 45 (45-2), Trimble and Lindsey Section 1, in the City and County of Galveston, Texas Applicant: Jason Reuter Property Owner: George and Tanna Zendehdel The Zoning Board of Adjustment at their regular meeting on April 10, 2013, voted to continue the above referenced request until the May 8, 2013 regular meeting to allow the applicant to explore alternatives for the signs. This was the first continuance of this case and there are no additional costs associated with the continuance. xc: Rick Vasquez, Interim Director Department of Planning and Community Development S:lPlanninglPlanning DivisionlZBAIStaff Report,l 13zbal 13Z·1 0\ I3Z·1 OMerno.doc IStaff Report 13Z-12 Page 1 I 13Z-12 (2901 Avenue Q 112) Request for a variance from the Galveston Zoning Standards Section 29-68, regarding fence height requirement within the One Family-One, (1 F-l) zoning district. Property is legally described as M. Menard Survey, North 80 feet of Lots 6 and 7,and North East part of Lot 5 (3006-3), South East Block 114, Galveston Outlots, in the City and County of Galveston, Texas. Applicant and Property Owner: Stephanie DeJesus and Cynthia Festa i Zoning One-Family-Four (IF-4) Land Use Surroun d'mg Z . Residential omngandLan dUse: II North South East West l Zoning One-Family Four (1F-4) One-Family Four (1F-4) One-Family Four (IF-4) One-Family Four (1F-4) I Land Use Residential Residential Residential Residential Property Owner Notification as of May 8, 2013 Sent Returned In Favor In Opposition No Comment 34 i Advertisement Date: April 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: Pending BACKGROUND A compliance cas~ (12ZC-0030) was opened on March 26, 2012, regarding the fence height exceeding the eight foot (8') height limit for side and rear yard fences. The applicant was repairing the east side yard fence when a compliance officer determined there was no permit for the repair. The applicant came to the City to obtain a permit for a ten-foot (10') tall side yard fence and it was determined at that time the fence was not in compliance. Upon further investigation, it was determined that in 2004 a fence permit was issued for an eight­ foot (8') tall fence at this location. However, a ten-foot (10") tall fence was built. The fence had gone undetected due to the heavy foliage that covered the east side yard, which no longer exists. ( The property owner went before the Zoning Board of Adjustment on December 5, 2012, requesting a variance from the fence height requirement. The Zoning Board of Adjustment failed to take action on the request, due to the lack of four affirmative votes. ANALYSIS The applicant is requesting a variance from Section 29-68 (a) (1) to retain an existing ten foot (10') tall fence that is located in the side and rear yard. IStaff Report 13Z.,12 Page 2 Zonin2 District: One-Familv-Four (IF-4) 1 Fence Height Side Yard I Required Proposed 8' 10' I Variance(s) Requested - the applicant is requesting a variance from the following: • Side yard fence height- from 8' to 10' \ • Rear yard fence height - from 8' to 10' Applicants Justification I One ofthe reasons the applicant purchased the house was because ofthe security a ten feet (J 0 ') tall fence would prpvide. Il CONDITIONS FOR A VARIANCE The Board of Adjustment may grant a variance under this Section only if the variance is not prohibited , I I by Section 14.401.C. in Article 14, Administrative Bodies, and if the Board makes a determination in writing that all ofthe 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. II 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, convemence or I . . mconvemence; 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 IStaff Report 13Z-12 Page 3 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" - Survey "D" ­ Applicant's Narrative "E" ­ Photo ofFence Respectfully Submitted, Ja 'ce Ndrman, Ur an Planner I, Zoning Administrator Date Ij) \\ l\.~~ Rick Vasquez, Director of Planning Date S:IPlanninglPlanning DivisionlZBAISlaff Repol1s113zbaI13Z-12113Z-12s!f.doc J t t IStaff Report 13Z-13 Page 1 I 13Z-013 (4502 Sherman Blvd) Request for a variance from the Galveston Zoning Standards Section 29-65(g) regarding the side yard setback. Property is legally described as Lot 10, Harris­ Damiani Subdivision, a Subdivision in the City and County of Galveston, Texas. Applicant and Property Owner: Robert Lilly Zoning One-Family-Four (IF-3) Land Use Residential Surroun d'109 Zo' Ding andLandUse: North South East West Zoning One-Family One-Family One-Family One-Family Three (IF-3) Three (IF-3) Three (IF-3) Three (IF-3) Land Use Residential Residential Residential Residential Property Owner Notification as of May 8,2013 Sent Returned In Favor In Opposition No Comment 35 0 2 0 1 Advertisement Date: April 25, 2013 Police Department: No Objection City Department Notifications: Private Utility Notifications: Airport: No Objection AT&T: Pending Building Department: No Objection Center Point Energy: Pending Fire Chief: See Analysis Comcast: No Objection Fire Marshal: Pending Texas Gas Service: No Objection Public Works: Pending ANALYSIS The applicant is requesting a variance from Section 29-65 (g) to encroach into a side yard setback. Zoninf! District: One-Family-Four OF-3) Side yard Side Yard I Required 3' i I Proposed 0' I The applicant will be required to comply with Section 302.1 of the 2009 IRC (Fire Resistant Construction. Variance(s) Requested- The applicant is requesting a variance from the following: Side yard setback- from 3' to 0' Applicants J uS#/ication: Enhancement ofproperty and functional use of existin~ structure. IStaff Report 13Z-13 Page 2 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 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: 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. 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. ATTACHMENTS "A" - Application "B" - Survey "E" - Elevations Respectfully Submitted, S/3/J3 I asquez, Director of Planning Date S:IPlanningIPlanning DivisionlZBA\Staff Reportsl13zbal 13Z·12\13Z-12stf.doc IStaff Report 13Z-13 Page 1 I th 13Z-014 (1615 37 St.) Request for a variance from the Galveston Zoning Standards Section 29-65 regarding lot area and lot width. Property is legally described as Lot 8, 9, and the east Y2 of 10, Block 35, Galveston Outlots, a Subdivision in the City and County of Galveston, Texas. Applicant and Property Owner: Marita Bums & Carl Hallgren Zoning Neighborhood Services Land Use Office, Dry cleaner, Storage garage Surroun d'mg Z . onmgan dL an dUse: North South East West Zoning General General General General Residence Residence Residence Residence Land Use Residential Residential Residential Vacant Property Owner Notification as of May 8, 2013 Sent Returned In Favor In Opposition No Comment 38 0 1 0 1 Advertisement Date: April 25, 2013 Police Department: No Objection City Department Notifications: Private Utility Notifications: Airport: No Objection AT&T: Pending Building Department: No Objection Center Point Energy: Pending Fire Chief: No Objection Comcast: No Objection Fire Marshal: Pending Texas Gas Service: No Objection Public Works: No Objection BACKGROUND 1 f The site is located at the southwest comer of Avenue "0" and 3 t h Street. Currently, Lot 8 and 9 are occupied by 5 structures. The east Y2 of Lot lOis vacant. \ The property is zoned GR and the minimum lot area required is 3,000 square feet and the minimum ( required lot width is 40 feet. Variance(s) Requested The property owner is requesting the following variances: , 1. 2. 3. 4. Lot 1 - Lot area from 3,000 to 2,469 square feet. Lot 2 Lot width from 40 feet to 37.7 feet Lot 3 - No variance needed Lot 4 Lot width from 40 feet to 25 feet. I f I IStaff Report 13Z-13 Page 2 Applicants Justification: Subdivision oflandfor sale purposes. 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 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, convemence 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 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" Application "B" - Survey itted, sJ3/13 Rick V squez, Director of Planning Date S:IPlanninglPlanning DivisionlZBAIStaff Reportsl 13zbaI13Z·12\ 13Z-12stf.doc IStaff Report Case 13Z-15 Page 11 13Z-15 (29 Adler Circle) Request for a variance from the Galveston Zoning Standards Section 29-68: Fence Regulations regarding fence height in a One Family-One (iF-I) zoning district. Property is legally described as M Menard survey, Lots 33 and 34, AKA Tract A of replat, of Westwood Subdivision, in the City and County of Galveston, Texas Applicant: Frank Marczak Property Owner: Elvin J. Peterson EXIS . f m~ Z onm~ . andLandUse: Zoning One Family-One (iF-I) Land Use Residential S urroun d'mg Z oDing . andLandUse: 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) Land Use Residential Residential Residential Residential Property Owner Notification as of May 8, 2013: Sent Returned In Favor In Opposition No Comment 34 Advertisement Date: April 25, 2013 City Department Notifications: Private Utility Notifications: Airport: Pending A. T.&T: Pending Building Department: No Objection CenterPoint Energy: Pending Fire Chief: Pending Comcast: No Objection Fire Marshal: Pending Texas Gas Service: No Objection Police Department: No Objection Public Works: No Objection ANALYSIS The applicant is requesting a variance from the maximum fence and wall height allowed for a front yard fence for a residential use. The applicant is proposing to construct an 8-feet tall solid fence along the property line in the front yard area between the residential structure and the nnd Street right-of-way. 1. Variance regarding fence and wall height allowed for a front yard residential fence Please reference the table below for the maximum fence or wall height allowed for a residential use, per Section 29-68(a)(1) of the Galveston Zoning Standards: Maximum Fence or Wall Height, Residential Use Front Yard Side or Rear Yard 4 feet, or 5 feet if the fence or wall Maximum Height 8 feet is at least sixty percent (60%) open Proposed 8 feet N/A f l IStaff Report Case 13Z-15 Variance(s) Requested - the applicant is requesting variances from the following: Page21 I ,,i f.' • Front yard fence height - from 4' to 6' i Applicant's Justification "Per Code raised height of lot 28" Hence when owner is standing at front door of house, on a four foot fence/wall as allowed by city now, he would be looking over fence/wall. " 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: 1 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 f to many properties within the same zoning district. i f n. The variance will not have a detrimental impact upon: a. The current or future use of adjacent properties for purposes for which i they are zoned; I I 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 I comparable effect (e.g., if alternative deVelopment patterns, alternative development standards, or other flexible measures in these regulations are available I ,I 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\ APPEAL FROM DECISION OF BOARD l I. In accordance with Section 29-112, any person aggrieved by any decision of the Board, or any I 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 Case 13Z-1S Page 3 I ATTACHMENTS "A" Aerial Map "B" - Survey (Previous home) "e" - Survey/Site Plan "D" - Applicant Submittal (Elevations and Photos) Respectfully Submitted, Date 5/3/17 ~ , Rick Vasquez, Director of Planning Date S:\Planning\Planning Division\ZBA\Staff Reports\13zba\\3Z-1S\13Z-IS STF.doc  I IStaff Report 13Z-16 13Z-16 (10023 Co-Pilot Lane, 1317 and 1319 Pilot Lane) Request for a variance from the Galveston Zoning Standards Section 29-65 (b) regarding lot width in conjunction with a replat. Page 11 II Property is legally described as Lots lA and 2, of Airport Homesites, Section 2, a Subdivision in the City and County of Galveston, Texas. t Applicants and Property Owners: Thomas E. and Bonnie L. Farmer f and Land Use: One Family-One (IF-I) Vacant Residential Surround'mg Z omng . andLandUse: North South East West Zoning One Family-One Water (W) and One Family-One Water(W) (IF-l) Planned (IF-l) Development (PD) Land Use Residential Crash Boat Residential Crash Boat Basin Basin Property Owner Notification as of May 8, 2013: Sent Returned In Favor In OppOSitiO~ No Comment Advertisement Date: April 25, 2013 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 BACKGROUND The applicant owns Lot 1 and Lot 2 and in 1988 requested the end of Pilot Lane be closed Ordinance 88-06 and the property was purchased from the City of Galveston. The applicant had replatted Lot 1 and the closed street into 2 Lots, which was approved by Planning Commission on December 19, 1989. The width of the lots were approved for 25.49' for Lot 1 A and 25.50' for Lot IB. ANALYSIS The applicant is requesting a variance from Section 29-65 (b) of the Galveston Zoning Standards regarding the minimum lot width for single-family residential property. IStaff Report 13Z-16 Page 2 The proposed replat will meet the minimum lot area, lot depth, but due to the configuration the property located at 1319 Pilot Lane, will not meet the minimum lot width and the applicant is seeking a variance from the minimum lot width: 1. Variance regarding Lot width in the One Family-One (IF-l) zoning district The minimum lot width is also shown below: Variance(s) Requested - the applicant is requesting variances from the following 29-65 (b): • 1319 Pilot Lane Lot width - from 50' to 20' Should the variance request be denied, the applicant will not be able to replat the properties from 2 lots to 3. Should the Zoning Board of Adjustment approve the variance request, the applicant will be required to obtain an administrative plat to relocate the front property line to meet the requested variance. Applicant's Justification "In conjunction with replat for residential development." 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. 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). IStaff Report 13Z-16 Page 3 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" - Aerial Zoning Map "B" Aerial Map of the Proposed Replat "C" - Site Plan ofthe Proposed Replat Libby! 8t ne, Coastal Development Planner Date Q~~ Rick Vasquez, AICP, Director S;\Pianning\Pianning Division\zba\StafIReports\13z\13Z-16\13Z-16stc'doc E. New Business and associated Public Hearing: 13Z-12 (2901 Avenue Q 112) Request for a variance from the Galveston Zoning Standards Section 29-68, regarding fence height requirement within the One Family-One, (I F-I) zoning district. Property is legally described as M. Menard Survey, North 80 feet of Lots 6 and 7,and North East part of Lot 5 (3006-3), South East Block 114, Galveston Outlots, in the City and County of Galveston, Texas. Applicant and Property Owner: Stephanie Dejesus and Cynthia Festa 13Z-13 (4502 Sherman Blvd) Request for a variance from the Galveston Zoning Standards Section 29-65(g) regarding the side yard setback. Property is legally described as Lot 10, Harris-Damiani Subdivision, a Subdivision in the City and County of Galveston, Texas. Applicant and Property Owner: Robert Lilly 13Z-14 (1615 37th St.) Request for a variance from the Galveston Zoning Standards Section 29-65 regarding lot area and lot width. Property is legally described as Lot 8, 9, and the east Y2 of 10, Block 35, Galveston Outlots, a Subdivision in the City and County of Galveston, Texas. Applicant and Property Owner: Marita Burns & Carl Hallgren 13Z-15 (29 Adler Circle) Request for a variance from the Galveston Zoning Standards Section 29­ I 68: Fence Regulations regarding fence height in a One Family-One (I F-I) zoning district. Property is legally described as M Menard survey, Lots 33 and 34, AKA Tract A of repJat, of Westwood Subdivision, in the City and County of Galveston, Texas Applicant: Frank Marczak I Property Owner: Elvin J. Peterson 13Z-16 (10023 Co-Pilot Lane, 1317 and 1319 Pilot Lane) Request for a variance from the Galveston Zoning Standards Section 29-65 (b) regarding lot width in conjunction with a replat. Property is legally described as Lots I A and 2, of Airport Homesites, Section 2, a Subdivision in the City and County of Galveston, Texas. It I Applicants and Property Owners: Thomas E. and Bonnie L. Farmer l F. Discussion and Action Items ~©~IJ'[g~ i i I. Legal Opinion regarding appeals to the ZBA (Staff) MAY 02 2013 2. Motion to reconsider Case 13Z-05 (Sunseri) f f ,I CITY SECRETARY'S 3. Consider date certain for motion to reconsider (Sunseri) OFFICE ~yQ;:: G. Adjournment Sta~istant Prepared By: Athena Petty, Planning Date Prepared: April 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 (409797-3510). MEMBERS OF CITY COUNCIL MAY BE ATTENDING AND PARTICIPATING IN THIS MEETING.