Zoning Board of Adjustment

Development Services Department 823 Rosenberg, Room 401 Phone (409) 797-3660 planningcounter@cityofgalveston.org Galveston, Texas 77550 AGENDA ZONING BOARD OF ADJUSTMENT REGULAR MEETING 4:00 p.m., Wednesday, January 6, 2015 nd City Council Chambers, 2 Floor of City Hall 823 Rosenberg, Galveston, Texas A. Attendance B. Conflict of Interest C. Minutes: September 2, 2015 D. New Business and associated Public Hearing: 16Z-001 (4011 Warchest Court) Request for a variance from the Galveston Land Development Regulations, Article 3, Supplemental Standards for the Residential, Single Family (R-1) zoning district regarding rear yard setback requirements. Property is legally described as Lot 51 Block 1, Pirates Beach, Section 8, in the City and County of Galveston, Texas. Applicant and Property Owner: Gary Johnson, Johnson Homes, Inc. E. Adjournment Prepared By: Athena Petty, Planning Tech Date Prepared: December 21, 2015 SEC. 13.401.B VARIANCES FROM DEVELOPMENT STANDARDS Approval Standards. The Board of Adjustment may grant a variance under this Section only if the variance is not prohibited by Section 12.401.C, and if the Zoning Board of Adjustment 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 enforcement of the strict terms of these regulations would impose an unnecessary hardship on the applicant. 3. The variance is not contrary to the public interest, in that: a. It does not allow applicants to impair the application of these regulations for: i. Self-imposed hardships; ii. Hardships based solely on financial considerations, convenience, or inconvenience; or iii. Conditions that are alleged to be "special" but that are actually common to many properties within the same zoning district. b. The variance will not have a detrimental impact upon: i. The current or future use of adjacent properties for purposes for which they are zoned; ii. Public infrastructure or services; and iii. Public health, safety, morals, and general welfare of the community. 4. The degree of variance allowed from these 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 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 regulations is observed and substantial justice is done. APPEAL FROM DECISION OF BOARD In accordance with Section 13-901 (I) of the Land Development Regulations, Should the applicant or City be aggrieved by or dissatisfied with the decision of the Zoning Board of Adjustment, the applicant or City may pursue all legal remedies to appeal the decision to a court of competent jurisdiction pursuant to Texas Local Government Code, Chapter 211. 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. Zoning Board of Adjustment Development Services Department City of Galveston January 6, 2016 16Z-001 STAFF REPORT ADDRESS: Public Notice and Comment: 4011 Warchest Court No Sent Returned In Favor Opposed Comment LEGAL DESCRIPTION: 29 City Department Notification: No Objections Property is legally described as Lot 51 Block 1, Pirates Beach, Section 8, in the City and County of Galveston, Texas. APPLICANT/REPRESENTATIVE: Gary Johnson PROPERTY OWNER: Johnson Homes, Inc. ZONING: Residential, Single Family (R-1) VARIANCE REQUEST: Rear yard setback requirement from 10-feet to 5-feet. Background On February 17, 2015, a building permit was issued for the APPLICABLE ZONING LAND USE construction of a new home located at 4011 Warchest Court. All REGULATIONS: applicable comments and conditions were placed on residential Article 3, Section 3.300, District Yard, Lot and permit number RES2015-00111, including setback information. A Setback Standards, Page 3-6, Residential, Single Certificate of Occupancy was applied for on December 9, 2015, along Family One (R-1). with a final survey. The final survey indicated the house had been built five feet from the rear yard property line. EXHIBITS: A – Aerial Map Executive Summary: B – Current Survey The applicant is requesting a variance from the Galveston Land C- Article 3, Section 3.300 Page 3-6 Development Regulations regarding rear yard setback requirements D- Applicants Submittal from 10-feet to 5-feet. Required Rear Setback 10 Feet STAFF: Proposed Rear Setback 5 Feet Janice Norman, Planning Manager, CFM 409-797-3670 Applicant’s Justification: normanjan@cityofgalveston.org The lot is an unusual shape. The Survey and Title Policy both show a 5’ utility easement in the rear yard. Please see Agenda for Standard Conditions for a Variance and Appeal from Decision of Board Process. 1