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, October 5, 2016 nd City Council Chambers, 2 Floor of City Hall 823 Rosenberg, Galveston, Texas A. Attendance B. Conflict of Interest C. Approval of the August 3, 2016 minutes A. Request to Address Commission on Non-Agenda Items (three minute maximum per speaker) D. New Business and associated Public Hearing: 16Z-005 (1912 Avenue K) Request to appeal the City of Galveston Landmark Commission’s decision regarding case 16LC-044. Request for a Certificate of Appropriateness in order to retain the existing rolling shutter. Property is legally described as the West 26.75 Feet of Lot 9 and the East 16.08 Feet of Lot 10 (9-2), Block 139, in the City and County of Galveston, Texas. Applicant and Property Owner: Barry and Patricia Elsom st 16Z-007 (1014 61 Street) Request for a variance from Article 3 of the Land Development Regulations (LDR) to reduce side setback requirements in a Commercial (C) zoning district. Property is legally described as part of Lot 27 (27-3), part of Lot 34 (34-2), Section 1 of Trimble and Lindsey, in the City and County of Galveston, Texas. Applicant and Property Owner: Lamson Nguyen 16Z-008 (3228 Seawall Boulevard) Request for a variance from the Galveston Land Development Regulations Article 8, 8.201 D, 1, Parking Spaces for Disabled Persons, and Article 10, Wall Plane Articulation, Lot Coverage and Improved Public Open Space in a Commercial, Height and Density Development Zone, Zone-3 (C-HDDZ-3) zoning district. Property is legally described as Lots 1 through 3 and the west 14.17 Feet of Lot 12 and the adjacent alley in the Northwest Block 163, Galveston Outlots, in the City and County of Galveston, Texas. Application: Dennis Byrd Property Owner: DBP Properties E. Adjournment Prepared By: Athena Petty, Planning Tech Date Prepared: September 26, 2016 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 September 7, 2016 16Z-005 MEMORANDUM TO: Lyssa Graham Reynolds, Chair and Commissioners Galveston Zoning Board of Adjustment FROM: Janice Norman, Planning Manager Development Services Department jnorman@galvestontx.gov or 409-797-3670 DATE: July 29, 2016 RE: 16Z-005 (1912 Avenue K) Request to appeal the City of Galveston Landmark Commission’s decision regarding case 16LC-044. Request for a Certificate of Appropriateness in order to retain the existing rolling shutters. Property is legally described as the West 26.75 Feet of Lot 9 and the East 16.08 Feet of Lot 10 (9-2), Block 139, in the City and County of Galveston, Texas. Applicant and Property Owner: Barry and Patricia Elsom The Galveston Landmark Commission, at their meeting of July 18, 2016, voted to approve the request to retain the rolling shutters with the condition: 1. Remove the rolling shutters from: a. The upstairs side facing west; b. The upstairs window facing south; c. The east side to the last window of the bay window. Please reference Exhibit “A” for the original staff report and related Exhibits, as well as Exhibit “B” for the action letter sent to the applicant and Exhibit C, the applicant’s submittal. The Design Standards for Historic Properties are the set of guidelines the Landmark Commission must use to base its decisions on requests before the body. The attached staff report references sections of the Design Standards that are applicable to the subject case. The Landmark Commission must deny the application in accordance with the following portion of Article 10, Section10.106, of the Galveston Land Development Regulations: Article 10, Section 10.106 (F) Decision by Landmark Commission. The Commission shall, in an open meeting, approve, approve with conditions or deny the certificate of appropriateness. If the Commission denies an application, the Commission shall state the reasons for the denial. 1. Consistency with Historic Design Standards for Approval: To approve an application, the Commission must find that the proposed activity is in compliance with the Historic Design Standards. Zoning Board of Adjustment Development Services Department City of Galveston September 7, 2016 2. Approval with Conditions: The Commission may impose conditions of approval that are necessary to meet the intent of the Historic Design Standards. 3. Required Denial: The Commission shall deny the application if it finds that the proposed work will have an adverse effect on: a. The external architectural features of the GL; b. The external architectural features of the properties in the block or in the historic overlay district as a whole; or c. The future preservation, maintenance or use of the GL or of the properties within the HOD. Per Article 10.110, the applicant or any person aggrieved by a decision made by the Commission may appeal the Commission’s decision to the Zoning Board of Adjustment. The applicant submitted a letter and application to the Historic Preservation Officer within ten (10) days of the Landmark Commission decision stating intention to appeal. Please note that judicial review of the decision of the Zoning Board of Adjustment shall be in accordance with the Texas Local Government Code. Exhibits A- Staff Report for 16LC-044, including exhibits B- Action letter for 16LC-044 C- Applicants Submittal D- Transcribed minutes for the July 18, 2016, Landmark Commission meeting lanltmark Commission Development Services Department City of Galveston July 18, 2016 ADORES$: 1Cl1l~K Public Notice and Comment: LEGAL DESCRIPnON: No Property Is legally described as the West Sent Returned In Favor Opposed Comment 26.75 Feet of Lot 9 and the East 16.08 Feet 5 of Lot 10 (9-2), Block 139, in the City and County of Galveston, Texas. APPYCAN!/REP8E5ENTAnYE; Barry and Patricia Elsom PROPERTY OWNER: Same ZONING DISJRJcr: Historic Zoning District, Historic (HZD-H) HISTORIC DISTRICT: Lost Bayou REQUEST: Request for a Certificate of Appropriateness retain existing rolling shutters to the front, side and rear of the house. STAfF RECOMMENDAnON: Approval with conditions EXHIBITS: A- Photographs 8 - Historic District Survey C- March-April Historic District Survey $TAFF: Janice Norman, Planning Manager 409-797-3670 jnorman@'galvestontx.gov 1 Zoning and Land Use location Zoning Land Use Subject Historic Zoning District, Historic Residential Site tHll>-'r\} North Commercial (C) Commercial/Residential South Urban Neighborhood, Galveston Academy School Me\&~ C.ooseNat\on District, Zone-1- (Un-NCD-1) East Historic Zoning District, Historic Residential t'r\ll>-H} West Historic Zoning District, Historic Residential (HZD-H) Historical and/or Date 1886 Architectural Style National Folk Significance Condition Excellent Priority Medium/Contributing Rating Additions Rear addition, Side addition, Multiple additions. Backaround There has been an open compliance case llZC-0059, on this house since 2011, regarding the installation of rolling shutters on the upper windows. According to our records It is not clear when the shutters were installed; However, according to the applicant the rolling shutters were installed prior to the purchase of the house in 2000. The applicant is requesting approval in order to retain the existing rolling shutters Executive Summary that were installed on the upper windows on the east and west sides of the house and on the upper and lower windows in the rear. There is one large rolling shutter installed on the upper window on the west side addition that faces the street. Design Standards for The following Design Standards are applicable to the project: Historic Properties Storm-Safety Features on Historic Buildings In some cases it may be necessary or desirable to install storm-safety features such as hurricane shutters or removable window screens on a historic structure. Such features should be selected and installed to minimize visual impacts and damage to historic fabric. Often, it will be most appropriate to install features that can be re-used such as removable storm screens, rather than relying on strategies that may require repeated, and damaging, installation, such as boarding windows with plywood. 2.38 Minimize the visual impact of hurricane shutters. Appropriate • Place impact-resistant hurricane shutters so as not to be substantially visible from the city right-of-way (preferred approach). 2  • Place hurricane shutters on a visible fa~ade if they conform to the general design standards for shutters on page 39 (may be appropriate if consistent with the approach described in '"Interpreting the Design Standards• on page 16}. • Ensure that the scale, durabiJity and finish of hurricane shutters are substantially similar to historic wooden shutters of the architectural style and/or time period of the building. • Ensure that the shutters fit the size of the window opening. • Consider installing impact-resistant window films that are transparent and not visible from the street. • Replace previously-installed Aramco storm protection with shutters, if possible. Inappropriate • Do not remove historic wooden shutters to install hurricane shutters. • ()<) oot dama~ rnst~ 'Wmdo>H ftames ~ msta\\mg OOrfkaM shuttefS. 2.39 Minimize the visual impact of storm windows on historic buildings. Appropriate • When necessary, place storm windows internally to avoid visual impacts (preferred approach). • 'f storm -wmd<YNs are m~ e,xtem~~ use -wmd<YN mserts des~ to match the original frame (may be appropriate if consistent with the approach described in •Interpreting the Design Standards" on page 16). • Paint existing storm window frames to match wooden frames. If the storm windows are aluminum, they should have a baked-on enamel color. The comment below Is from poge 39: May be Considered on a Case-by-Case Basis by the Landmark Commission The landmark Commission may consider metal or vinyl shutters for windows that are not visible from the street. Conformance with the Although no evidence has been submitted that indicates when the shutters were Desicn Standards installed it is clear these are not Historic shutter boxes and their installation was not approved by the landmark Commission. The Design Standards do address storm shutters and specifically state to avoid visual impacts and damage to historic window frames. The rolling shutter boxes as installed on the east and west sides of the house would be considered installed in Location B: Highly Visible Secondary Wall - Preservation and repair in place is the priority. Staff finds these shutters do not conform due to their high visibility. The shutters located on the rear of the house are in location D and are not visible from the street. Staff find these shutters do conform since they are not visible Staff Recommendation Staff recommends case 16LC-023, request regarding a Certificate of Appropriateness be approved with the following conditions: Specific to Case 16LC-023: 3 1. The applicant shalf remove the rolling shutters located In location B: on the east and west sides of the house; 2. The applicant shalf remove the rolling shutter installed on the side addition that faces Avenue ~ 3. The rolling shutters Installed in the rear may remain as installed. Standard Conditions: 4. Any significant alteration from the design approved by the landmark C.ommiss"1on, snan require t'ne request to be returned to t'ne Commission for review; 5. The applicant shall obtain a building permit prior to beginning construction; 6. Any additional work will require a separate building permit from the Building Division, and may require review by the landmark Commission and/or the City's Historic Preservation Officer prior to construction; 7. The landmark Commission approval shall expire after two years if no progress has been made toward completion of a project unless the applicant files a request for an extension or can show progress toward completion of a project; and, 8. In accordance with Section 10.110 of the land Development Regulations, should the applicant be aggrieved by the decision of the landmark Commission, a Jetter requesting an appeal must be submitted to the Historic Preservation Officer within 10 days of the Commission decision. Additionally, a Zoning Board of Adjustment application must be submitted to the Development Services Department by the next respective deadline date. 4  11112 AVE K, GALVESTON. TX 77550 HH.\1-1:1077 PIII'CIIID III85S3 01.-tct LOll S.,OU HI *>lie DltMct BuldlnQFaces s DESCRIPTION ROOF IMNDOWS & DOORS Type ~M'My Houle Root Shape Hipped WndowTypea ~ Mlls.di'IM1 Roof Matll~llls AlpiWI c:on.,osllon Wnclow Frame Wlod Slylilltic lnluences NaloMI Folk lhingles Mattrlals SIDries 2 Root Feftlrss Wde eaves. Box - • ~~ 212 Eldorior Will Horlzonllll ~ boanl Materials Wnclow Fealurss Wlod lhullen Foundalon Type RIIIMCI baement. 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I '• I I d . \ ~ -) .. ~?'.t'!-iJil - - - ·--:-·- -II 2QT.,!'f 1"'4 ~c.>ST. N.C .• ( c ...... ,. ) I ... -;-A~ ~ ~I -;----tpj i '-.! f C A FETO IIIVM '--~---1 : ~ I .,, .1 4 PAIN~. (c I) ~ , , ., ... , -D cot• "" , . ~••c IE,f ~S .I o~·OI.T.S SAN JACINTO CLEM. S CHOOL ,I DO Develo ment Services 823 Rosenberg, Room 40 1 Phone (409) 797-3660 planningcounter@cityofgalveston.org Galveston, Texas 77550 July 21, 2016 Barry and Pat Elsom 1910 Ave K Galveston, TX 77550 RE : 16LC-044 (1912 Avenue K) Request for a Certificate of Appropriateness in order to retain the existing rolling shutter. Property is legally described as the West 26.75 Feet of Lot 9 and the East 16.08 Feet of Lot 10 {9-2), Block 139, in the City and County of Galveston, Texas. Applicant and Property Owner: Barry and Patricia Elsom Dear Mr. and Mrs. Elsom : The Galveston Landmark Commission, at their meeting of July 18, 2016, voted to approve the above referenced request with the following conditions : 1. Remove the rolling shutters from : a. The upstairs side facing west; b. The upstairs window facing south; c. The east side to the last window of the bay window. 2. The applicant shall remove the rolling shutters located in location B: on the east and west sides of the house; 3. The applicant shall remove the rolling shutter installed on the side addition that faces Avenue K; 4. The rolling shutters installed in the rear may remain as installed . 5. Any significant alteration from the design approved by the Landmark Commission, shall require the request to be returned to the Commission for review; 6. The applicant shall obtain a building perm it prior to beginning construction; 7. Any additional work will require a separate building permit from the Building Division, and may require review by the Landmark Commission and/or the City' s Historic Preservation Officer prior to construction ; 8. The Landmark Commission approval shall expire after two years if no progress has been made toward completion of a project unless the applicant files a request for an extension or can show progress toward completion of a project; and, 9. In accordance with Section 10.110 of the Land Development Regulations, should the applicant be aggrieved by the decision of the Landmark Commission, a letter requesting an appeal must be submitted to the Historic Preservation Officer within 10 days of the Commission decision . Additionally, a Zoning Board of Adjustment application must be submitted to the Development Services Department by the next respective deadline date. Please feel free to contact me at 409/797-3670, should you have any additional questions. Sincerely, ~~ ~~ Janice Norman Planning Manager  RECEIVED AUG 0 3 20\6 PLANNING August 3, 2016 Pat Mae Elsom 1910Ave K Galveston TX 77550 To VVhom It May Concern: I am writing this letter with regards to Mrs. Elsom, who is severely disabled. Mrs. Elsom has a chronic, progressive neurologic disease that has left her wheelchair bound and dependent upon her husband for assistance with activities of daily living. She requires constant supervision 24 hours a day, 7 days a week. As her physician, I am concerned that her health could be greatly affected by a prolonged evacuation from the island. If you have questions, please don't hesitate to contad me. Sincerely, Leah Elizabeth Low, MD UTMB HEALTH INTERNAL MEDICINE POWELL TEAM Primary Care Pavilion Entrance A; Suite 107 400 Harborside Drive Galveston TX 77555-1167 409-747-1883 409-747-8579 Pat and Barry Elsom 1912Ave. K Galveston, TX 77550 On July 18, 2016 the Galveston Landmark Commission, based on one complaint, voted that we should be forced to remove rolling shutters from the front and side our house. This appeal is based on several points. 1. The rolling shutters have been on the house for at least sixteen years and the comments about our house and maintenance thereof have all been very positive except for this one complaint. 2. My wife has a disability which has required me to take early retirement so that I can help her with daily activities. It is imperative, in the event of a storm that requires evacuation, that I am able to close up the house quickly and remove her to a safe place. The old shutters had fallen apart years earlier before I owned the house and were replaced with the rolling shutters. I would not be able to board up the 2nd floor windows on my own and could not afford to hire someone. 3. If I were required to remove the rolling shutters, I would have to hire a contractor to remove them and would not be able to replace them with any other protective device resulting in probable storm damage (large expanse of windows facing south) and possible total loss of the structure. 4. I have attached several signatures from neighbors indicating their support of this appeal. \ Pat and Barry Elsom 1910-1912 Ave. K Galveston. TX 77550 July XL 2o16 Dear Neighbor, My wife and I are asking for your support in allowing us to keep rolling shutters on the upstairs windows of our house. The Landmark Commission received one complaint after many years and has decided that the rolling shutters need to be removed. I am asking for a reversal from the City of Galveston Zoning Board of Adjustment based on the length of time the shutters have been up without a complaint and that removing them would cause an undue hardship on my wife who is disabled. In the event of a storm. my ability to close up the house and evacuate her to safety is critical. If you agree with me, we are asking for your signature and address so that I can show the Board that our neighborhood supports our petition for leaving the shutters in place. Thank you! Warm regards, Pat and Barry Elsom Address:_ _..t_D_l.._\,__-_\=--_l q~ _ _ _ _ _ _ _ _ _ _ _ _ __ Si-=~i<vt~ k'e.; ~ ~ Kf_SS~fitJ Pat and Barry Elsom 1910-1912 Ave. K Galveston, TX 77550 July~2016 Dear Neighbor, My wife and I are asking for your support in allowing us to keep rolling shutters on the upstairs windows of our house. The Landmark Commission received a complaint and has decided that the rolling shutters need to be removed. I am asking for a reversal from the City of Galveston Zoning Board of Adjustment based on the length of time the shutters have been up without a complaint and that removing them would cause an undue hardship on my wife who is disabled. In the event of a storm, my ability to close up the house and evacuate her to safety is critical. If you agree with me, we are asking for your signature and address so that I can show the Board that our neighborhood supports our petition for leaving the shutters in place. Thank you! Warm regards, Address:._ _.L_/_O_D~,?L·.._---1-/c.. . .CJ,___f-.:. _A_--=s: . . _;,:.~_ _ _:_·r_.....=()_'-(/_J/l~._e=-~ - Pat and Barry Elsom 1910-1912 Ave. K Galveston. TX 77550 July ..2.L 2016 Dear Neighbor, My wife and I are asking for your support in allowing us to keep rolling shutters on the upstairs windows of our house. The Landmark Commission received a complaint and has decided that the rolling shutters need to be removed. I am asking for a reversal from the City of Galveston Zoning Board of Adjustment based on the length of time the shutters have been up without a complaint and that removing them would cause an undue hardship on my wife who is disabled. In the event of a storm, my ability to close up the house and evacuate her to safety is critical. If you agree with me, we are asking for your signature and address so that I can show the Board that our neighborhood supports our petition for leaving the shutters in place. Thank you! Warm regards, Pat and Barry Elsom Name: _____,_{.L.JL-:c.=~. . l<.(o_--=---J- -Q__- '-1- - -= ~ ----- Address:_j_fJ_O_~_J_.!. ._j_Yt,._ _=- J -1-J;-~---=-.!...._----- Pat and Barry Elsom 1910-1912 Ave. K Galveston, TX 77550 July ~2016 Dear Neighbor, My wife and I are asking for your support in allowing us to keep rolling shutters on the upstairs windows of our house. The Landmark Commission received a complaint and has decided that the rolling shutters need to be removed. I am asking for a reversal from the City of Galveston Zoning Board of Adjustment based on the length of time the shutters have been up without a complaint and that removing them would cause an undue hardship on my wife who is disabled. In the event of a storm, my ability to close up the house and evacuate her to safety is critical. If you agree with me, we are asking for your signature and address so that I can show the Board that our neighborhood supports our petition for leaving the shutters in place. Thank you! Warm regards, Pat and Barry Elsom Address:_-fj--1-<l~~.......:::s;_+- j cz;.+-~L.j£,1---~SJ ~f;-,_,_____,__/a~f"<;;t3-4-L--Y'_ _ __ Pat and Barry Elsom 1910-1912 Ave. K Galveston, TX 77550 July &2016 Dear Neighbor, My wife and I are asking for your support in allowing us to keep rolling shutters on the upstairs windows of our house. The Landmark Commission received one complaint after many years and has decided that the rolling shutters need to be removed. I am asking for a reversal from the City of Galveston Zoning Board of Adjustment based on the length of time the shutters have been up without a complaint and that removing them would cause an undue hardship on my wife who is disabled. In the event of a storm, my ability to close up the house and evacuate her to safety is critical. If you agree with me, we are asking for your signature and address so that I can show the Board that our neighborhood supports our petition for leaving the shutters in place. Thank you! Warm regards, Pat and Barry Elsom Address:_ _--"--"' (g£ -------' {)b :::::......_____ L _ _ __ Pat and Barry Elsom 1910-1912 Ave. K Galveston. TX 77550 July;} .¥.'2016 Dear Neighbor, My wife and I are asking for your support in allowing us to keep rolling shutters on the upstairs windows of our house. The Landmark Commission received one complaint after many years and has decided that the rolling shutters need to be removed. I am asking for a reversal from the City of Galveston Zoning Board of Adjustment based on the length of time the shutters have been up without a complaint and that removing them would cause an undue hardship on my wife who is disabled. In the event of a storm, my ability to close up the house and evacuate her to safety is critical. If you agree with me, we are asking for your signature and address so that I can show the Board that our neighborhood supports our petition for leaving the shutters in place. Thank you! Warm regards, Pat and Barry Elsom Name: M rf Gr:f!<..E / Address: /9JZ 4vc . K / I 77550 Pat and Barry Elsom 1910-1912 Ave. K Galveston, TX 77550 July ~.2016 Dear Neighbor, My wife and I are asking for your support in allowing us to keep rolling shutters on the upstairs windows of our house. The Landmark Commission received a complaint and has decided that the rolling shutters need to be removed. I am asking for a reversal from the City of Galveston Zoning Board of Adjustment based on the length of time the shutters have been up without a complaint and that removing them would cause an undue hardship on my wife who is disabled. In the event of a storm, my ability to close up the house and evacuate her to safety is critical. If you agree with me, we are asking for your signature and address so that I can show the Board that our neighborhood supports our petition for leaving the shutters in place. Thank you! Warm regards, Pat and Barry Elsom Name:___,_. . L~. ._Eid _~____.L._!)_~_J~---=j'------- Address: J J' J-c2 Signature:______L___JL_.: ~~i;; : _ _ _: : ~· ~ ---- Pat and Barry Elsom 1910-1912 Ave. K Galveston, TX 77550 Dear Neighbor, My wife and I are asking for your support in allowing us to keep rolling shutters on the upstairs windows of our house. The Landmark Commission received a complaint and has decided that the rolling shutters need to be removed. I am asking for a reversal from the City of Galveston Zoning Board of Adjustment based on the length of time the shutters have been up without a complaint and that removing them would cause an undue hardship on my wife who is disabled. In the event of a storm, my ability to close up the house and evacuate her to safety is critical. If you agree with me, we are asking for your signature and address so that I can show the Board that our neighborhood supports our petition for leaving the shutters in place. Thank you! Warm regards, Pat and Barry Elsom Address: 77§50 Pat and Barry Elsom 1910-1912 Ave. K Galveston, TX 77550 July 3l:L 2016 Dear Neighbor, My wife and I are asking for your support in allowing us to keep rolling shutters on the upstairs windows of our house. The Landmark Commission received one complaint after many years and has decided that the rolling shutters need to be removed. I am asking for a reversal from the City of Galveston Zoning Board of Adjustment based on the length of time the shutters have been up without a complaint and that removing them would cause an undue hardship on my wife who is disabled. In the event of a storm, my ability to close up the house and evacuate her to safety is critical. If you agree with me, we are asking for your signature and address so that I can show the Board that our neighborhood supports our petition for leaving the shutters in place. Thank you! Warm regards, Pat and Barry Elsom Address: //2(p /'£1E:_ S t Pat and Barry Elsom 1910..1912 Ave. K Galveston. TX 77550 July 29....- 2016 Dear Neighbor, My wife and I are asking for your support in allowing us to keep rolling shutters on the upstairs windows of ur ouse. The Landmark Commission received one complaint after many years and has decided that the rolling shutters need to be removed. I am asking for a reversal from the City of Galveston Zoning Board of Adjustment based on the length of time the shutters have been up without a complaint and that removing them would cause an undue hardship on my wife who is disabled. In the event of a storm, my ability to close up the house and evacuate her to safety is critical. If you agree with me, we are asking for your signature and address so that I can show the Board that our neighborhood supports our petition for leaving the shutters in place. Thank you! Warm regards, Pat and Barry Elsom Addr, 1D/9- /755{) • Pat and Barry Elsom 1910-1912 Ave. K Galveston. TX 77550 .A~~ .lJ.UYL 2o16 , Dear Neighbor, My wife and I are asking for your support in allowing us to keep rolling shutters on the upstairs windows of our house. The Landmark Commission received a complaint and has decided that the rolling shutters need to be removed. I am asking for a reversal from the City of Galveston Zoning Board of Adjustment based on the length of time the shutters have been up without a complaint and that removing them would cause an undue hardship on my wife who is disabled. In the event of a sto11ll, my ability to close up the house and evacuate her to safety is critical. If you agree with me, we are asking for your signature and address so that I can show the Board that our neighborhood supports our petition for leaving the shutters in place. Thank you! Warm regards, Pat and Barry Elsom Address: (C( U ']: fi tJ£ L Pat and Barry Elsom 1910-1912 Ave. K Galveston, TX 77550 _A~~ J.WY' L2016 Dear Neighbor, My wife and I are asking for your support in allowing us to keep rolling shutters on the upstairs windows of our house. The Landmark Commission received a complaint and has decided that the rolling shutters need to be removed. I am asking for a reversal from the City of Galveston Zoning Board of Adjustment based on the length of time the shutters have been up without a complaint and that removing them would cause an undue hardship on my wife who is disabled. In the event of a storm, my ability to close up the house and evacuate her to safety is critical. If you agree with me, we are asking for your signature and address so that I can show the Board that our neighborhood supports our petition for leaving the shutters in place. Thank you! Warm regards, Pat and Barry Elsom Address: /90 r dV£1~ 7 7 <;;"6a Pat and Barry Elsom 1910-1912 Ave. K Galveston, TX 77550 July--' 2016 Dear Neighbor, My wife and I are asking for your support in allowing us to keep rolling shutters on the upstairs windows of our house. The Landmark Commission received one complaint after many years and has decided that the rolling shutters need to be removed. I am asking for a reversal from the City of Galveston Zoning Board of Adjustment based on the length of time the shutters have been up without a complaint and that removing them would cause an undue hardship on my wife who is disabled. In the event of a storm, my ability to close up the house and evacuate her to safety is critical. If you agree with me, we are asking for your signature and address so that I can show the Board that our neighborhood supports our petition for leaving the shutters in place. Thank you! Warm regards, Pat and Barry Elsom N~ ~ /1] di£nd£ I() ~ I_ - I YL/2 ~ Address: Qdr/14~ I rz;;ad _-z7ss.8 Sig71a~ ~ cgfi,vz l{_ey df Pat and Barry Elsom 1910-1912 Ave. K Galveston, TX 77550 July ---J 2016 Dear Neighbor, My wife and I are asking for your support in allowing us to keep rolling shutters on the upstairs windows of our house. The Landmark Commission received one complaint after many years and has dedded that the rolling shutters need to be removed. I am asking for a reversal from the Gty of Galveston Zoning Board of Adjustment based on the length of time the shutters have been up without a complaint and that removing them would cause an undue hardship on my wife who is disabled In the event of a storm, my ability to close up the house and evacuate her to safety is critical. If you agree with me, we are asking for your signature and address so that I can show the Board that our neighborhood supports our petition for leaving the shutters in place. Thank you! Warm regards, Pat and Barry Elsom Name:--":-'<:1- J ~WW"-~_L_j_[<t_o_;tDJ_~_J--:?'~'-+------ { j L...!-l Address:.__.__ ~.l.L--'~A~v{,~·~~_ _ __  Landmark Commission Verbatim Minutes July 18, 2016 16LC-044 (1912 Avenue K) Request for a Certificate of Appropriateness in order to retain the existing rolling shutter. Property is legally described as the West 26.75 Feet of Lot 9 and the East 16.08 Feet of Lot 10 (9-2), Block 139, in the City and County of Galveston, Texas. Applicant and Property Owner: Barry and Patricia Elsom The Staff Report was read by staff. Chairperson Chris Smith: Question for you, the shades have been red tagged before, right? Janice Norman: I don’t know if they have been red tagged, but letters were sent. Chairperson Chris Smith: Has the house recently sold? Janice Norman: Not to my knowledge, since 2000, I think. Chairperson Chris Smith: So, that when they were put in? Janice Norman: According to the applicant they were put in…he purchased the house with these shutters on there. So, they have been there even before the year 2000. Chairperson Chris Smith: Anybody else have questions for staff? Applicant? You bought the house, when? Barry Elsom: 2000, they have been on since 1993. Chairperson Chris Smith: So, do you know when the screens were put up? Barry Elsom: Prior to me buying it in 2000, the previous owner had been there. They started out putting the shutters on the west side of the house because there is like a 2 foot space between our house and that house. There is no way to get a ladder up there quickly to board anything up. The shutters that were up there when we first moved there were falling apart and disintegrating. There is no way to haul a piece of ply wood up that high anyway. If it makes any difference, my wife is disabled, so I have to get her off the island and close that house up quickly and get out. That was one of the reasons we liked the house a lot. On the east side of the house I have tried to put the shutters underneath the boxes to make it look more like it should be. Elaine Bangle: The shutters that are on the east face, they are not actually shutters that fit that space? Barry Elsom: They fit the space, but they don’t close. Elaine Bangle: They didn’t look like the same size of what I observed on the ground floor around the side. The shutter looks a little skinnier. Chairperson Chris Smith: Any other questions for the applicant? Doug McLean: How many roll down shutters are we actually discussing? It looks like we have…. Janice Norman: We have 2 here, those are in the back, four on the side? Barry Elsom: On the top floors, all of those have roll up shutters. Chairperson Chris Smith: Question I have is, why are we hearing this? Did somebody complain? Janice Norman: Yes Chairperson Chris Smith: Just out of conformance? Elaine Bangle: On the property owner notices, were there any returned in favor? Janice Norman: There was 1 Chairperson Chris Smith: So, the complainant didn’t send a comment? Joann Griffin: I just don’t believe they belong in a historical district. Chairperson Chris Smith: I would tend to agree, I wish there was some way we could find out for sure how long they have been up. Were they up 12-13 years? Elaine Bangle: I was kind of skeptical when I read the report and then went a visited the property. They were very noticeable and don’t look like they belong there. But, I wonder if there is a compromise. On the property, it looks the upper was a porch that was enclosed at one time. Because the windows look a little different. So, there have been modifications done and this is another modification. I was surprised to see how big and deep this house goes back. There’s a couple on the street face, there’s a couple on the side that probably ought to come down. Are we recommending to remove the shutters, allow those on the back because you don’t see those from the street. The shutters on the front historically fit, but the ones on the side don’t look to be the same. There are a lot of homes that have them on the back. Chairperson Chris Smith: I believe that is what staff already said. They can be retained on the back side. Doug McLean: I would like to make a comment to the owner, I understand your problem as well that we are all facing, anybody with a big Victorian. It is a frantic move and we have all been through it. But, I think the thing that really hurts is it completely disrupts the flow of the Victorian look. Just the whole proportion of the windows is really obvious. Chairperson Chris Smith: I agree with you, for lack of better words, a nice style, Victorian and I applaud you for taking on a big old house like that. I know how much work they are and preparedness for a hurricane. But, I tend to agree with my fellow commissioners on this. I feel your pain for hurricanes. Doug McLean moved to approve Case 16LC-044 with Staff Recommendations and the following changes: 1. Remove the rolling shutters from: a. The upstairs side facing west; b. The upstairs window facing south; c. The east side (4) windows to the last window of the bay window. Chairperson Chris Smith seconded and the following votes were cast: In Favor: Bangle, Huddleston, McLean, Parsons, Patterson (Alt. 2), Smith, Strevell Non-voting Participant: Griffin (Alt. 1) Against: None Abstain: None Absent: Schwenk The motion passed. Zoning Board of Adjustment Development Services Department City of Galveston October 5, 2016 16Z-007 STAFF REPORT ADDRESS: Public Notice and Comment: 1014 61st Street No Sent Returned In Favor Opposed Comment LEGAL DESCRIPTION: 9 Property is legally described as part of Lot 27 City Department Notification Responses: (27-3), part of Lot 34 (34-2), Section 1 of No objection from any City department. Trimble and Lindsey, in the City and County of Galveston, Texas. APPLICANT/REPRESENTATIVE: Lamson Nguyen PROPERTY OWNER: Lamson Nguyen ZONING: Commercial (C) VARIANCE REQUEST: Side Setback APPLICABLE ZONING LAND USE Executive Summary: REGULATIONS: The applicant is requesting a side setback variance to construct a medical Article 3, Commercial Addendum office in the rear portion of a triangular lot. The side setback requirement in a Commercial (C) zoning district is five feet. The building is designed with different vertical sections or wall plane articulation; therefore, the EXHIBITS: building side setbacks vary from 3 ½ inches up to 2 feet, 6 ½ inches from A – Aerial Map the property line. B – Current Survey C – Site Plan Applicant’s Justification: D – Applicant’s Narrative/Justification The parcel is a triangular lot, not a typical rectangle. Unable to fit proposed building and preserve sight triangle/visual clearance at the east end of the lot where three different roads merge. Please refer to STAFF: Exhibit D for more details regarding applicant’s justification. Adriel Montalvan, Senior Projects Manager 409-797-3645 amontalvan@galvestontx.gov Please see Agenda for Standard Conditions for a Variance and Appeal from Decision of Board Process. 1  6012 Exhibit A 61st S t 6006 Broad 6000 wa y 5908 45 § ¦ ¨ (Ave J ) 60th St Broad wa y (Ave J ) 45 6127 § ¦ ¨ 1006 ® 342 t 61st S 6101 1008 6027 6111 1010 6107 1012 1011 5919 1014 61st St 1014 1016 1017 1018 1020 1024 5919 1021 62nd St 1122 6111 1128 1127 Ave L English Bayou 1021 6123 6127 6125 6201 1121 6205 Offatts Bayou Exhibit B Exhibit C Exhibit C Exhibit D Zoning Board of Adjustment Development Services Department City of Galveston October 5, 2016 lGZ-008 STAFF REPORT ADDRESS: Public Notice and Comment: 3228 Seawall Boulevard No Sent Returned In Favor Opposed Comment LEGAL DESCRIPTION: 26 Property is legally described as Lots 1 through 3 and the west 14.17 Feet of Lot 12 and the City Department Notification: No Objections adjacent alley in the Northwest Block 163, Galveston Outlots, in the City and County of Galveston, Texas. APPLICANT/REPRESENTATIVE: Dennis Byrd PROPERTY OWNER: DBP Properties ZONING: Commercial- Height and Density Development Zone -3 (C-HDDZ-3) VARIANCE REQUEST: 1) For ADA parking spaces to be located off site. 2) For Wall Plane Articulation . Executive Summary: 3) Lot Coverage from 80% to 100% The applicant is proposing a new Hotel at 3228 Seawall Boulevard and a new parking garage at 3210 Avenue S that will service the Hotel. APPLICABLE ZONING LAND The applicant is unable to provide onsite parking on the Hotel site . All USE REGULATIONS: parking will be located across Avenue S in the parking garage. The applicant is requesting a variance from the Galveston Land Article 8, 8.201 (D) (1) ADA Parking Off Site. Development Regulations Article 8, 8.201 (D) (1) regarding the ADA Article 10, 10.307, Wall Plane Articulation . Parking Spaces, Article 10, 10.307 (C) regarding Wall Plane Article 10, 10.311 Lot Coverage. Articulation and Article 10, 10.311 regarding Lot Coverage. EXHIBITS: Variance Requested: A- Aerial Map Article 8, 8.201 (D) (1}: B- Applicants Submittal 1. Extent of Off-Site Parking. Up to 100 percent of the total required C- Applicants Narrative off-street parking spaces may be located off site . None of the D- Access Review and Compliance Letter required parking spaces for disabled persons shall be located off site. None of the off-site parking shall involve or displace the off- STAFF: street parking required of another use except through a shared Janice Norman, Planning Manager, CFM parking arrangement under this Article. 409-797-3670 Requested Variance: All parking spaces for disabled persons shall be jnorman@galvestontx.gov located off-site. 1 Variance Requested Article 10, Section 10.307 Wall Plane Articulation Wall Plane Articulation Requirements 10.307: From To Building Offset Offset Wall Depth Length Length (Min) (Min.) (Max) Grade 3 stories or 30-feet 5-feet 10-feet 35-feet 3 stories or Maximum 50-feet 5-feet 10-feet 35-feet Height 50' Requested Variance: From To Building Offset Offset Wall Depth Length Length (Min.) (Min.) (Max) Grade 3 stories or 53-feet 1-foot 10-feet 35 feet 3 stories or Maximum 53-feet 1-foot 10-feet 35-feet Height of 50' Variance Requested The applicant is requesting a variance from Article 10, Section 10.311 regarding lot coverage for a low rise development. Lot Coverage- Low Seawall A Rise LOR Requirement SO% Maximum Requested 100% Maximum (Pending Applicant Verification) Lot Coverage. Lot coverage shall consist of all building footprints plus all impervious pavement (asphalt or concrete) on the site. Where areas are paved with pervious materials such as pavers, grasscrete, turf blocks, permeable asphalt, or other pervious material approved by the City Engineer, only 75 percent of the area shall be considered impervious cover. Applicant's Justification: Please reference Exhibit C for applicant's justification . Please see Agenda for Appeal from Decision of Board Process. 2  L241s r----- 3124 3118 3114 ~10€ ~1Q:;  Holiday Inn Express & Suites Hotel 3228 Seawall Boulevard Zoning Board of Adjustment- Meeting October 5th 2016 We are seeking a variance from the Land Development Regulations listed below: Article 10: HDDZ Standards Height and Density Development Zone Section 10.307 Building Mass and Form Standards C. Wall Plane Articulation; Table 10.307 Wall Plane Articulation C. Wall Plane Articulation. A building shall be articulated with wall place offsets to encourage a varied and interesting street front and break down the visual mass of taller buildings elements, as illustrated in Figure Gl. Table 10.307, Wall Plane Articulation establishes the required articulation for different vertical sections of a building: Table 10.307 Wall Plane th!Iw il!l :mtl. :"'ii.......... • •.• !.il • :m Grade 3 Stories or 35 feet - L:I,;W: 30 feet [lw1iJff 5 feet ~ 10 feet 3 stories or 35 feet Max. Height Limit SO feet 5 feet 10 feet 1. Requirements. Wall Plane Articulation shall be not required for the rear elevation unless the rear elevation is adjacent to a right-of-way or residentially zoned property. Wall Plane Articulation shall only be required for exterior building walls. For example, porches or freestanding, open-air structures, such as gazebos, are not required to provide Wall Plane Articulation. 2. Options. a. Indented Offsets: Articulation may be provided with indented offsets as shown in Figure G2. b. Offset Wall Places: Articulation may be provided with offsets that extend outwards towards the lot line as shown in Figure G3. Please note that the offsets need to meet any setback requirements. c. Projected Offsets: Articulation may be provided with alternative designs, such as curved walls, that meet the building wall length and offset requirements set forth in the wall Plane Articulation table above and subject to approval by the development Services Director. Justifications for Variance Request: I. The property is 115'-0" in width, with the northeastern most corner being 121'-0" in width. To meet Fire Code and Life Safety code as directed by the International Building Code 2012 (IBC) we must provide 10'-0" setbacks on the north and east sides of the proposed structure. Holiday Inn Express & Suites Hotel 3228 Seawall Boulevard II. We require the following dimensions running west to east from property line to property line: 24'-0" driveway (for fire engine/emergency vehicular access) 5'-0" accessible sidewalk/drop-off area 75'-0" building 10'-0" setback = 114'-0" (just a foot shy of our total property width) III. We cannot further articulate the fa<;ade without encroaching on building setback limitations, and further impeding on-site access as required for life safety codes directed by the IBC 2012. IV. This ordinance was adopted to prevent solid, rectangular masses from blocking view corridors and the sea breeze . This building was designed to be a good neighbor for adjacent properties in that its orientation is along the north-south axis of the site to respect view corridors in existence to maintain maximum views, and to allow sea breeze with minimal obstruction. V. This building has 17 articulated wall planes of various lengths. The east side of the building is articulated even though this is not required per the LDR definitions, as it does not abut a residential property, or public thoroughfare. Providing articulation along all facades is within the best practices for this building and provides a more engaging structure. Summary: The property lacks adequate width running west-to- east to provide additional articulation without encroaching on the setbacks required by building code, and clearances required by emergency response vehicles. We have provided an articulated fa<;ade that exceeds the requirements of the LOR's on the East side and we feel the current design meets the intent of Section 10.307 Item C "A building shall be articulated with wall place offsets to encourage a varied and interesting street front and break down the visual mass of taller buildings elements ... " The fa<;ade is articulated with the following lengths: a. 33rd Street/West Elevation- 31'/27'/54'/27'/27'/41' with the offsets ranging from 1' to 4'- 1" b. Seawall/South Elevation - 13'/41 '/13' with the offsets being 3' c. East Elevation - 31'/27'/54'/27'/27'/41' with the offsets ranging from 1' to 9'-6" [please note that the East Elevation is not required to meet articulation as it is not located on a thoroughfare, or adjacent to a residentially zoned district] d. AvenueS/North Elevation- 9'/26'/6'/11'/23' with offsets ranging from 7' to 11' Holiday Inn Express & Suites Hotel 3228 Seawall Boulevard Proposed Variance : E·r XIS lnQ: From To Bu ildi ng Offset Offset Wall Length Depth Length (max.) (min.) (min.) Grade 3 stories or 35 feet 30 feet 5 feet 10 feet 3 stories or 35 feet Max. Height Limit 50 feet 5 feet 10 feet Propose d From To Building Offset Offset Wall Length Depth Length (max.) (min.) (min.) Grade 3 stories or 35 feet 53 feet 1 feet 10 feet 3 stories or 35 feet Max. Height Limit 53 feet 1 feet 10 feet We feel we have honored the intent of the required LOR section and are proposing we be allowed to proceed with the offsets as currently defined. We are asking the board to allow our wall planes to articulate up to 53' in total length from the prescribed 30' length. We are asking the board to allow our current offset depths as depicted on the permit set of drawings. Please refer to the attached list of supporting documents. Holiday Inn Express & Suites Hotel 3228 Seawall Boulevard Zoning Board of Adjustment- Meeting October 5th 2016 We are seeking a variance from the Land Development Regulations listed below: Article 8: Parking/Loading Regulations: Section 8.201 D. Off-Site Parking; 1. Extent of Off-Site Parking D. Off-Site Parking. Spaces needed to meet parking requirements for a use may be located off-site on a separate property provided that the most distant parking space that is located off-site is no more than 600 feet from the site, measured as a radius from property lines. Additionally, the off-site parking shall not be separated from the use by an arterial street other than Seawall Boulevard, by a limited- access highway, or by any other impediment to pedestrian circulation. 1. Extent of Off-Site Parking. Up to 100 percent of the total required off- street parking spaces may be located off site. None of the required parking spaces for disabled persons shall be located off site. None of the off-site parking shall involve or displace the off-street parking required of another use except through a shared parking arrangement under this Article. Justification for Variance Request: I. The property is 115'-0" in width with the northeastern-most corner being 121'-0" in width. The property is restricted on the east by an existing single-story vacation home, and existing commercial buildings requiring a property line setback between them and the proposed hotel. To meet Fire and Life Safety code as directed by the International Building Code 2012 (IBC) we must provide 10'-0" setbacks on the east side of the proposed structure. Further, there is an existing 10'-0" easement setback along the north property line. II. We require the following dimensions running west-to-east from property line to property line: 24'-0" driveway (for fire engine/emergency vehicular access) 5'-0" accessible sidewalk/drop-off area 75'-0" building 10'-0" setback = 114'-0" (just a foot shy of our total property width) III. Even abandoning the pool plaza and shifting the entire hotel to the edge of the Seawall, we would not have the required 5' accessible sidewalk/route, 18' deep parking space and 24' required drive without greatly impacting the city right of way and public sidewalk. IV. The property slopes 5.6' down from 18.50' elevation at end of the accessible main entry canopy down to 12.95' elev. at the northern property line, which is a distance of 73'. Accessible access and parking requires no greater slope than 2%, we have a 7% slope from this area and cannot meet the required slope of accessible parking. [Please refer to supporting letter from the civil engineer] Holiday Inn Express & Suites Hotel 3228 Seawall Boulevard V. Our proposed solution for the parking is well within the 600'-0" required distance from property line to furthest parking space. Our furthest parking space is 254'-0" from the property line of the hotel (as defined by Section 8.201; D). Additionally, the following are hospitality/entertainment properties within the city that do not have on-site parking: - Galveston Island Historic Pleasure Pier 2501 Seawall Blvd. 700'-0" to furthest off-site parking space - The Tremont House 2300 Ships Mechanic Row St. Valet services provided -The Hotel Galvez 2024 Seawall Blvd. 360'-0" to furthest off-site parking space across 21st Street Summary: This property lacks adequate width running west-to-east to provide an 18'-0" deep accessible parking space, required access aisle and accessible sidewalk as required by Texas Accessibility Standards (TAS). The slope running south-to-north of the property prohibits the location of accessible parking to the west of the building entrance. Proposed Variance: Allow the use of the 181 space-parking garage at 3210 Avenue S (permitted separately) for the sum total of all parking spaces for the hotel property. Six (6) accessible spaces are provided in the garage solely for the use of hotel guests needing accommodation due to disability. - We are providing a fully accessible, TAS compliant route from the handicapped parking in the garage to the hotel. New pedestrian accessible crosswalks and sidewalks that meet TAS requirements are being provided, and existing city sidewalks will be repaired as required to meet TAS compliance. Further, the owner will provide a shuttle between the hotel and garage for all guests to use. Please refer to the attached list of supporting documents.  II' ! ~ ~ ~ ~ ~ t/) ~ ; f ~ i F c;t ~ i!$ ~ & ll o· ~~  Access Review & Compliance Services September 16, 2016 City of Galveston ZBA Planning Dept. C/o - A. Matt Roesler, AlA RE: EABPRJB6817946 - Holiday Inn Express Galveston To whom it may concern, It has come to my attention that the Planning Dept. is requesting a letter stating that "accessible parking may be provided off-site as shown on the plans submitted for permit which is located off site across Ave. S from the hotel at a separate "facility" (garage parking). I have reviewed the plans for the above referenced project and have verified that substantial compliance with the Texas Accessibility Standards (TAS) has been met. Please note that theTAS does not require parking to necessarily be provided on the same site as the building (hotel) to which it serves, however, theTAS does require that that at least one accessible route be provided "within the site" from accessible parking spaces and accessible passenger loading zones; public streets and sidewalks; and public transportation stops to the accessible building or facility entrance they serve. (See 206.2.1 Site Arrival Points below.) The plans show provision of an accessible route within the hotel building (site boundary) to hotel entrances. In addition , the parking garage facility shows provision of adequate accessible parking spaces complying with 502 and with connecting accessible routes from the accessible parking spaces I aisles to the parking garage entrance that is on the "shortest accessible route" to the hotel building to which the parking garage serves. (See below TAS 206.4.2 & section 208). Please Reference the Department assigned project number in all future correspondence pertaining to this project. Sincerely, ~~ Timothy L Mullins, Registered Accessibility Specialist #167 170 April Wind Ct. Montgomery, TX 77356 Tel. (713) 530-4768 Fax. (936) 588-3618 www .accessreview .com  Access Review & Compliance Services RE: Applicable TAS Reference CHAPTER 2: SCOPING REQUIREMENTS 201 Application 201.1 Scope. All areas of newly designed and newly constructed buildings and facilities and altered portions of existing buildings and facilities shall comply with these requirements . These standards apply to fixed or built-in elements of buildings, structures, site improvements, and pedestrian routes or vehicular ways located on a site. Unless specifically stated otherwise, advisory notes and figures explain or illustrate the requirements of the standards; they do not establish enforceable requirements. The standards for determining the appropriate or minimum numbers contained in this document are considered minimal and the Executive Director shall have the authority to make adjustments when it is determined that the standards would cause the numbers or locations to be insufficient to adequately meet the needs of people with disabilities based on the nature, use, and other circumstances of any particular building or facility. In determining the appropriate number and location of a particular element, space, or fixture, the following factors shall be among those considered: (i) population to be served (ii) availability to the user; (iii) location relative to distance and time; (iv) location relative to isolation and separation; (v) function of the building or facility; and (vi) equal treatment and opportunity 206.1 General. Accessible routes shall be provided in accordance with 206 and shall comply with Chapter 4. 206.2 Where Required. Accessible routes shall be provided where required by 206.2. 206.2.1 Site Arrival Points. At least one accessible route shall be provided within the site from accessible parking spaces and accessible passenger loading zones; public streets and sidewalks; and public transportation stops to the accessible building or facility entrance they serve . EXCEPTIONS: 1. Where exceptions for alterations to qualified historic buildings or facilities are permitted by 202 .5, no more than one accessible route from a site arrival point to an accessible entrance shall be required . 2. An accessible route shall not be required between site arrival points and the building or facility entrance if the only means of access between them is a vehicular way not providing pedestrian access. Advisory 206.2.1 Site Arrival Points. Each site arrival point must be connected by an accessible route to the accessible building entrance or entrances served . Where two or more similar site arrival points, such as bus stops, serve the same accessible entrance or entrances, both bus stops must be on accessible routes. In addition , the accessible routes must serve all of the accessible entrances on the site. Advisory 206.2.1 Site Arrival Points Exception 2. Access from site arrival points may include vehicular ways. Where a vehicular way, or a portion of a vehicular way, is provided for pedestrian travel, such as within a shopping center or shopping mall parking lot, this exception does not apply. 206.2.2 Within a Site. At least one accessible route shall connect accessible buildings, accessible facilities , accessible elements, and accessible spaces that are on the same site. EXCEPTION: An accessible route shall not be required between accessible buildings, accessible facilities , accessible elements, and accessible spaces if the only means of access between them is a vehicular way not providing pedestrian access. 206.3 Location. Accessible routes shall coincide with or be located in the same area as general circulation paths. Where circulation paths are interior, required accessible routes shall also be interior. 170 April Wind Ct. Montgomery, TX 77356 Tel. (713) 530-4768 Fax. (936) 588-3618 www .accessreview .com  Access Review & Compliance Services Advisory 206.3 Location. The accessible route must be in the same area as the general circulation path . This means that circulation paths, such as vehicular ways designed for pedestrian traffic, walks, and unpaved paths that are designed to be routinely used by pedestrians must be accessible or have an accessible route nearby. Additionally, accessible vertical interior circulation must be in the same area as stairs and escalators, not isolated in the back of the facility. 206.4 Entrances. Entrances shall be provided in accordance with 206.4. Entrance doors, doorways, and gates shall comply with 404 and shall be on an accessible route complying with 402. EXCEPTIONS: 1. Where an alteration includes alterations to an entrance, and the building or facility has another entrance complying with 404 that is on an accessible route , the altered entrance shall not be required to comply with 206.4 unless required by 202.4. 2. Where exceptions for alterations to qualified historic buildings or facilities are permitted by 202 .5, no more than one public entrance shall be required to comply with 206.4. Where no public entrance can comply with 206.4 under criteria established in 202 .5 Exception , then either an unlocked entrance not used by the public shall comply with 206.4; or a locked entrance complying with 206.4 with a notification system or remote monitoring shall be provided . 206.4.1 Public Entrances. In addition to entrances required by 206.4.2 through 206.4. 9, at least 60 percent of all public entrances shall comply with 404. 206.4.2 Parking Structure Entrances. Where direct access is provided for pedestrians from a parking structure to a building or facility entrance , each direct access to the building or facility entrance shall comply with 404 . 208.1 General. Where parking spaces are provided , parking spaces shall be provided in accordance with 208. EXCEPTION: Parking spaces used exclusively for buses, trucks, other delivery vehicles, law enforcement vehicles, or vehicular impound shall not be required to comply with 208 provided that lots accessed by the public are provided with a passenger loading zone complying with 503. 208.2 Minimum Number. Parking spaces complying with 502 shall be provided in accordance with Table 208.2 except as required by 208.2.1, 208.2.2, and 208.2.3. Where more than one parking facility is provided on a site, the number of accessible spaces provided on the site shall be calculated according to the number of spaces required for each parking facility . Advisory 208.2 Minimum Number. The term "parking facility" is used Section 208.2 instead of the term "parking lot" so that it is clear that both parking lots and parking structures are required to comply with this section . The number of parking spaces required to be accessible is to be calculated separately for each parking facility ; the required number is not to be based on the total number of parking spaces provided in all of the parking facilities provided on the site. 208.3 Location. Parking facilities shall comply with 208.3 208.3.1 General. Parking spaces complying with 502 that serve a particular building or facility shall be located on the shortest accessible route from parking to an entrance complying with 206.4. Where parking serves more than one accessible entrance, parking spaces complying with 502 shall be dispersed and located on the shortest accessible route to the accessible entrances. In parking facilities that do not serve a particular building or facility , parking spaces complying with 502 shall be located on the shortest accessible route to an accessible pedestrian entrance of the parking facility. EXCEPTIONS: 1. All van parking spaces shall be permitted to be grouped on one level within a multi-story parking facility. 170 April Wind Ct. Montgomery, TX 77356 Tel. (713) 530-4768 Fax. (936) 588-3618 www.accessreview .com