Zoning Board of Adjustment

Planning Department 823 Rosenberg, Room 401 Phone (409) 797-3660 planningcounter@cityofgalveston.org Galveston, Texas 77550 Fax (409) 797-3604 AGENDA ZONING BOARD OF ADJUSTMENT REGULAR MEETING 4:00 p.m., Wednesday, February 4, 2015 nd City Council Chambers, 2 Floor of City Hall 823 Rosenberg, Galveston, Texas A. Attendance B. Conflict of Interest C. Minutes: January 7, 2015 D. New Business and associated Public Hearing: 15Z-03 (4116 Avenue N 1/2) Request for a variance from the Galveston Zoning Standards Section 29-82 (h) regarding illuminated signage and sign size requirements in a GR (General Residence) zoning district. Property is legally described as Lots 5 Through 10 & East Part of Lots 4 & 11 Northeast Block 33, Galveston Outlots, in the City and County of Galveston, Texas. Applicant: Paul Byers Property Owner: Galveston Independent School District st 15Z-04 (1315 Moody/21 Street) Request for a special exception from the Galveston Zoning Standards Section 29-67 (c)(8) regarding parking requirements. Property is legally described as the East 213 feet of Northeast Block 18 (1000-2), Galveston Outlots, in the City and County of Galveston, Texas. Applicant: Gregory Lewis, Lewis Design Group Property Owner: Bryan Texana Foundation 15Z-05 (1827 Avenue N½) Request for a variance from the Galveston Zoning Standards Section 29-65(h)(1) regarding rear yard requirements in a GR (General Residence) zoning district. Property is legally described as Lot 1, SW Block 45, in the City and County of Galveston, Texas. Applicant: Gregory Lewis, Lewis Design Group Property Owner: Robert & Lee Glover F. Adjournment Prepared By: Athena Petty, Planning Staff Assistant Date Prepared: January 27, 2015 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. 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 (10) days from the day the Board renders its decision, and not thereafter. The time period set forth herein shall be deemed jurisdictional. 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\Case Prep\2015\ZBA Agenda 010715.doc Zoning Board of Adjustments Planning Department City of Galveston February 4, 2015 15Z-003 STAFF REPORT ADDRESS: City Department Notifications: No Objections 4116 Avenue N ½ Public Notice and Comment: No LEGAL DESCRIPTION: Sent Returned In Favor Opposed Comment Property is legally described as Lots 5 22 Through 10 & East Part of Lots 4 & 11 Northeast Block 33, Galveston Outlots, in the City and County of Galveston, Texas APPLICANT: Paul Byers PROPERTY OWNER : Galveston Independent School District ZONING: General Residence (GR) REQUEST: Variance APPLICABLE ZONING LAND USE REGULATIONS: Executive Summary: Section 29-82 (i) of the Galveston Zoning The applicant is requesting to install an eight foot by four foot Standards illuminated LED sign on the southeast face of the Scott Collegiate Academy. Due to the sign exceeding the allowed size requirements EXHIBITS: by 12 square feet and the request to illuminate the sign in a A – Aerial Map residential district, a variance is required. B – Site Plan/Survey Applicable Zoning Land Use Regulations C – Sign Elevation/Rendering Section 29-82 (d) (1) Sign Devices Prohibited STAFF: Except as specifically listed in this section (1), it shall be Ian Knox, Urban Planner II unlawful for any person to erect, operate, or otherwise use 409-797-3659 any sign which is of a rotating nature or displays intermittent knoxian@cityofgalveston.org lights, or similar emergency vehicles. (i) Signs In The GR, MF-1, MF-2, P, and O Districts Flat sign, maximum of one (1) facing each street frontage. The sign area shall not exceed twenty (20) square feet, provided, however, that the permitted area of a flat sign may be increased by one percent (1%) for each interval of one foot (1’) above the first ten feet (10’) of building height above grade that the lowest point of the sign is placed upon the building. 1 Requested Variances Variance #1 – Intermittent Lighting Illuminated signs are not permitted in the GR, MF-1, MF-2, P, and O districts, therefore the proposed sign will require a variance to allow LED signage. Variance #2 – Size The proposed sign measurements are 4-feet by 8-feet. In the GR, MF-1, MF-2, P, and O districts, the maximum size for a non-residential Owner-Identification Sign is 20 square feet. A variance will be required for 32 square feet. Zoning and Land Use Location Zoning Land Use Subject General Residence (GR) School Site North General Residence (GR) Residential South General Residence (GR) Parking East General Residence (GR) Residential West General Residence (GR) School Applicant’s Justification “LED marquee 4’ x 8’ mounted on southeast corner of building. Will have timer to turn off marquee at night as need or required. Will display school information to inform public of events. It will provide alternate means of informing the students, parents and public of school events and important information.” Please see Agenda for Standard Conditions for a Variance and Appeal from Decision of Board Process 2  4125 4101 1405 41234119 4117 4115 4109 4107 4105 1402 1412 1411 4200 42nd St 1414 4400 1414 4120 4116 4110 4106 4102 (Jack Johnson Blvd) 4028 Ave N (Ursuline) Ave N 4301 1512 4200 4116 4116 1514 4302 43rd St 41st St 4028 Ave N 1/2 1602 4027 4301 4221 4215 4209 1610 1612 1614 4302 4224 4220 4228 4028 Ave O 4027 4301 4105 ² 1712 4302 1714 Planning Department 0 70 140 280 Feet Map prepared by the City of Galveston Planning Department (knoxian) - 1/9/2015 The data presented on these pages is not legally binding on the City of Galveston or any of its departments. These maps and the associated data are representations ONLY and may contain errors in the databases. Therefore, the information presented on this map is for informational This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. purposes only and should not be construed to be legally binding. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries.  --- ·- ---- - - - - -- ·-"" . -~~I ~ '• -.--------- _______ / l ~-:'------- ---+ I,, ·.·,---~------!? :I - .,, -' !~-~ ', ·. I ... :.II. : 1f} ~--~ ~ ;~ ~ !' ; z~ !~ n • .j 1 ; ~~~ I ~ '•· ~di r j ~: ... I~~ % I I i :fl .r ,' - ~! ~: I .., ·g i :.":: ri i ~ : ~f .- ~ a ~ ~ ~ i [ _ __ I 'J I I I ,._ <.; r I '\ " -t- i --- --·· ··- '--~ ~ ­ C l! \, t ••• § I ·,!' -~ ~:- .... -· ., .~ Zoning Board of Adjustment Planning Department City of Galveston February 4, 2015 15Z-005 STAFF REPORT ADDRESS: Public Notice and Comment: 1827 Avenue N ½ No Sent Returned In Favor Opposed Comment 30 2 2 LEGAL DESCRIPTION: Property is legally described as North City Department Notification Responses: 54-ft of Lot 1, SW Block 45, in the City No objections with the following comments and County of Galveston, Texas. Building Department: APPLICANT/REPRESENTATIVE: “Any construction will have to comply with Section R302.1 of Gregory Lewis, Lewis Design Group the 2009 IRC.” PROPERTY OWNER: Robert and Lee Glover ZONING: General Residence-Neighborhood Conservation District-One (GR-NCD-1) REQUEST: Variance to reduce the required rear yard setback from 10-ft to 1-ft. APPLICABLE LAND USE REGULATIONS: Section 29-65(h) of the Galveston Zoning Standards. EXHIBITS: Executive Summary: A – Survey The applicant is requesting a variance in order to extend the existing B – Construction Plans deck and roof, as well as construct a new exterior stairway. Please C – Illustrations reference “Exhibit B” for the configuration of the proposed structure. D – Site Photos Background: STAFF: Case 14Z-43: Request for variance regarding rear and side yard setbacks. Action was denied. Bryce Johnson, Urban Planner (409) 797-3669 Applicant’s Justification: johnsonbry@cityofgalveston.org “New covered exterior stairs will provide partially protected access to utility room and garage. Currently no means of access to utility [room] without going outside and around the house. The lot size is half (½) the size of a standard lot and leaves minimal remaining building area.” 1 Please see Agenda for Stand Conditions for a Variance and Appeal from Decision of Board Process  Exhibit A •" ~· __ ---..--- -«coc.-. ·- . . .---a.1111- .....,. .,~ ... ....,.,. ............. .....,.......,. ......_,.... _, I , I.AND T/Tl£ SURVfY OJ' A 'm4CT OF' UND IMfng the North -"" 1"1 of Lot f. In U!• Sollffl•ttt 81oclc of Ouflof AS. '" ftt• Clfy and County of Co~irton, TeJCOS, c. l..cUl'lf\41 W.11 IU•LS #4af• l•t."'IM' I, 20f I Exhibit B