Zoning Board of Adjustment

AGENDA ZONING BOARD OF ADJUSTMENT REGULAR MEETING 4:00 P.M., Wednesday, November 7, 2018 City Council Chambers, 2nd Floor of City Hall 823, Rosenberg, Galveston, Texas 1. Call Meeting To Order 2. Attendance 3. Conflict Of Interest 4. Approval Of Minutes: September 5, 2018 Documents: 090518 ZBA MINUTES.PDF 5. Request To Address Commission On Agenda Items And Non-Agenda Items (Three Minutes Maximum Per Speaker) 6. New Business And Associated Public Hearings A. 18Z-016 (14102 West Beach) Request For A Variance From Article 3 Of The Galveston Land Development Regulations Residential, Single-Family (R-1) Addendum, Regarding Minimum Lot Area Requirements In A Residential, Single-Family (R-1) Zoning District. Property Is Legally Described As The East 62 Feet Of Lot 92 (92-2), Block 3, Palm Beach Subdivision, In The City And County Of Galveston, Texas. Applicant: Christopher Brice Property Owners: Christopher And Lauren Brice Documents: 18Z-016 STF PKT.PDF 7. Executive Session - To Be Held In Room 204 Pursuant To Texas Gov’t Code 551.071- Consultation With Attorney, An Executive Session Will Be Conducted To Discuss And Receive Legal Advice Concerning Pending Litigation And/Or A Settlement Offer, Or On A Matter In Which The Duty Of The Attorney To The Governmental Body Under The Texas Disciplinary Rules Of Professional Conduct Of The State Bar Of Texas Clearly Conflicts With This Chapter, Related To The Following: 1. Noble Capital Servicing, LLC (Kim Trigo) v. Zoning Board of Adjustment 8. Adjournment I certify that the above Notice of Meeting was posted in a place convenient to the public in compliance with Chapter 551 of the Texas Government Code on November 4, 2018 at 12:00 P.M. Prepared by: Karen White, Planning Technician 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. 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.  MINUTES OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF GALVESTON REGULAR MEETING – September 5, 2018 CALL MEETING TO ORDER The meeting was called to order at 4:00 p.m. ATTENDANCE Members Present: Louis Fuchs (ALT), Andrew Galletti, Robert Girndt, Lyssa Graham Reynolds, Jeff Patterson (ALT), CM David Collins Members Absent: James Bangle Staff Present: Catherine Gorman, AICP, Asst. Director/HPO; Daniel Lunsford, Planner; Karen White, Planning Technician; Mehran Jadidi, City Attorney ELECTION OF CHAIR AND VICE-CHAIR Andrew Galletti made a motion to re-elect Lyssa Graham Reynolds as Chair. Robert Girndt seconded, and the following votes were cast: In favor: Galletti, Graham Reynolds, Girndt, Fuchs, Patterson Opposed: None Abstain: None Absent: Bangle Non-voting participant: CM Collins The motion passed. Robert Girndt made a motion to elect Andrew Galletti as Vice-Chair. Jeff Patterson seconded, and the following votes were cast: In favor: Galletti, Graham Reynolds, Girndt, Fuchs, Patterson Opposed: None Abstain: None Absent: Bangle Non-voting participant: CM Collins The motion passed. CONFLICT OF INTEREST None. APPROVAL OF MINUTES The August 8, 2018 minutes were approved as presented. REQUEST TO ADDRESS COMMISSION ON NON-AGENDA ITEMS (THREE MINUTE MAXIMUM PER SPEAKER) None. NEW BUSINESS AND ASSOCIATED PUBLIC HEARINGS  18Z-013 (1602 Market Street/Avenue D) Request for a variance from the Galveston Land Development Regulations, Article 3, District Yard, Lot and Setback Addendum, for the Residential, Single Family with Historic Overlay (R-3-H) zoning district, to reduce the lot area. Property is legally described as Lot 8 and the east part of Lot 9, Block 556, in the City and County of Galveston, Texas. Applicant: Brene Addison Property Owners: Noble Capitol Servicing, LLC., Kim Trigo Staff presented the Staff Report and noted that of twenty-nine (29) notices of public hearing sent, four (4) had been returned in opposition. Chairperson Lyssa Graham Reynolds opened the public hearing on case 18Z-013. Representative of the applicant Kim Trigo presented to the Commission. For additional presentations to the Commission, please refer to the attached sign-in sheet. The public hearing was closed and the Chairperson called for questions or comments from the Commission. Chairperson Lyssa Graham Reynolds made a motion to deny case 18Z-013 due to the fact that the subject property lacked the special conditions required in the granting of a variance. Jeff Patterson seconded, and the following votes were cast: In favor: Galletti, Graham Reynolds, Girndt, Fuchs, Patterson Opposed: None Abstain: None Absent: Bangle Non-voting participant: CM Collins The motion passed. 18Z-014 (1426 Market / Avenue D) Request to appeal the City of Galveston Landmark Commission’s decision regarding case 18LC-032. Request for a Certificate of Appropriateness regarding modifications to the property including the new windows in the garage apartment. Property is legally described as Lot 14 and the West 27.25 Feet of Lot 13 Block 554, in the City and County of Galveston, Texas. Applicant and Property Owner: Brent Baker Jeff Patterson recused himself as his wife, Constance Patterson, is a current member of the Landmark Commission. Staff presented the Staff Report. Chairperson Lyssa Graham Reynolds opened the public hearing on case 18Z-014. Applicant Brent Baker presented to the Commission. Chairperson Lyssa Graham Reynolds called for a five minute recess at 4:46 p.m. The meeting came back to order at 4:50 p.m. The public hearing was closed and the Chairperson called for questions or comments from the Commission. Vice-Chairperson Andrew Galletti made a motion to uphold the Landmark Commission’s decision. Robert Girndt seconded, and the following votes were cast: In favor: Galletti, Graham Reynolds, Girndt, Fuchs Opposed: None Abstain: Patterson Absent: Bangle Non-voting participant: CM Collins THE MEETING ADJOURNED AT 4:59 PM Zoning Board of Adjustment Development Services Department City of Galveston November 7, 2018 18Z-016 STAFF REPORT ADDRESS: Public Notice and Comment: 14102 West Beach No Sent Returned In Favor Opposed Comment LEGAL DESCRIPTION: 22 Property is legally described as the East 62 Feet City Department Notification: No objections of Lot 92 (92-2), Block 3, Palm Beach Subdivision, in the City and County of Galveston, Texas. APPLICANT/REPRESENTATIVE: Christopher Brice PROPERTY OWNERS: Christopher and Lauren Brice ZONING: Residential, Single-Family (R-1) REQUEST: Variance of minimum lot area APPLICABLE ZONING LAND USE REGULATIONS: Executive Summary Article 3- Residential, Single-Family (R-1) The applicant is requesting a variance from Article 3 of the Galveston Addendum Land Development Regulations Residential, Single-Family (R-1) Addendum, to replat a lot of less than the minimum required lot area, ATTACHMENTS: to resolve an existing encroachment. A- Aerial Map In order to resolve this encroachment, the owners of 14102 West B- Applicant's Submittal Beach are willing to sell 185 square feet of their land to the owner of 14106 West Beach. However, the subject site is currently a legally STAFF: nonconforming lot regarding lot area and will remain below the Adriel Montalvan, Senior Project Manager minimum 5,000 square feet required in the R-1 zoning district. 409-797-3645 amontalvan@galvestontx.gov Pro~osed Variance LDR CUrrent Proposed Requirements (R·l) Lot Area ] 5,000 sq. ft. 4,182 sq. ft. 3,997 sq. ft. 1 Applicant's Justification An encroachment of this severity in a grandfathered property generally do not exist in the Palm Beach subdivision thus creating a hardship on owner of 14102 West Beach . In addition, the encroachment creates a liability risk for owner of 14102 because the stairs of 14106 are located within 14102 property boundary. Furthermore, if the hardship is removed then both properties will enjoy full unencumbered utilization up to and including building a new structure. Please see Agenda for Variance Approval Standards and Appeal from Decision of Board Process. Respectfully Submitted, lo..- i_&v ,g Montalvan, Senior Project Manager Date \D- 30--\8" Cath Date 2  14101 \ J 14117 ~~~~ ". This product is for informiltiona l purposes and may not have been prepared for or be suitable for legal, enginel!ring, or surveying purposl!s. It does not represent an on - th~ground survey and represents only the approximate relative lout! on of property boundaries. _,· The d01ta presented on these pages is not legally binding on the City of Galveston or any of Its departments. These maps and the associilted data ue represen~tions ONLY and may contain errors in the databases. Therefore, the Information presented on this map Is for Informational purposes only 01nd should not~ construed to be legally binding. 5 Map prepared by the City of Gillveston Development Services Department (montalvana!U)/26/2018 ~-~l!t-<;  Exhibit B 1~2 - a1' APPLICATION FORM ZONING BOARD OF ADJUSTMENT Planning and Development Division 409f797 -3660 planningcounter@galvestontx.gov 823 Rosenberg, 4th Floor, Room 401 , Galveston, TX 77550 www.galvestonTX.gov Zoning Board of Adjustment Meeting Schedule - 2018 Deadline I Meeting Deadline I Meeting Deadline I Meeting Deadline I Meeting January 12/6 ............... 1/10 1 April 3/7 ........ .. .... 4/4 1 July 6/6 .. .. ...... .7/11 October 9/5 ........... 10/3 February 1/10................ 2/7 May 4/4 .... .. ........ 5/9 August 7/4 .. ... .. ...... 8/8 November 10/3 .. ........ 11/7 March 217 ... ········ ... ... 3/7 June 5/9 ..... . ....... .6/6 September 8/8 ........... 9/5 1 December 11/7 .. ........ 12/5 Meetings typically are 4:00pm in City Council Chambers, 2nd Floor of City Hall, 823 Rosenberg. Verify with staff prior to meeting date. I. PROPERTY INFORMATION 14102 W. Beach Galveston, Texas 77554 ABST 121 PAGE 46 E 62FT OF LOT 92 (92-2) BLK 3 PALM BEACH Street Address/Location Legal Description (Lot Number, Block Number, Subdivision) Residential Residential Present Use(s) and lmprovement(s) on Property Proposed Use(s) and lmprovement(s) on Property II. APPLICANT INFORMATION Christopher & Lauren Brice 281 380 1123 Property Owner Name Telephone 14543 Cindywood Drive chris_brice@sbcglobal.net Mailing Address E-mail Address Christopher Brice 281 380 1123 Applicant/Representative Name Telephone 14543 Cindywood Drive chris_brice@sbcglobal.net Mailing Address E-mail Address Ill. TYPE OF REQUEST (If more than one request, a separate application is required for each) X Variance(s) from the Land Special Change of Occupancy from one Development Regulations 0 Exception(s) 0 non-conforming use to another 0 Other (Please Specify): _ _ _ _ _ _ _ _ _ _ __ RECEIVED OCT 0 9 2018 Applicable section(s) of the Land Development Regulations: Minimum Lot Standards- Width PLANNING Specifically state the Variance(s)/Special Exception(s) being requested: In an effort to remedy encroachment of 14106 W. Beach onto 14102 W. Beach property we are seeking a variance to reduce the minimum lot standard requirements, more specifically the lot square footage thus removing the encumbrance of encroachment for both properties. The reduction of 14102 W Beach lot size would be a maximum of 185sf as depicted in Attachment A. The addition of square footage to 14106 W. Beach would be a maximum of 185sf. Important to note that applicant is not requesting a change in the width of the lots. These C:\Users\h156681\Documents\Grand Buccaneer\Zoning Board of Adjustment Application Oct 2018.doc Rev. 06/2018  properties have been in this state since original construction in mid 1960s and should be "grandfathered" relative to new lot dimension requirements IV. APPLICANT'S JUSTIFICATION FOR THE REQUEST - *REQUIRED* (Attach additional pages if necessary). *Please state the hardship* 1. The request for the variance is rooted in special conditions of the property that do not generally exist on other properties in the same zoning district- An encroachment of this severity in a "grandfathered" property generally do not exist in the Palm Beach subdivision thus creating a hardship on owner of 14102 W. Beach. 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- The encroachment of the 14106 property onto the 14102 property creates and encumbrance of title situation that could be easily remedied by a variance freeing both properties from this hardship without altering structures of either or overall lot dimensions. In addition the encroachment creates a liability risk for owner of 14102 because the stairs of 14106 are located within 14102 property boundary. 3. The variance requested herein is not based on a.) Self- imposed hardships- the structures were built in 1960s b.) This request is not based solely on financial considerations c.) although other encroachments most likely exist in the Palm Beach subdivision this is a special circumstance and will benefit both owners without altering structures 4. The variance will not have a detrimental impact upon current or future use of properties for which they are zoned. In fact if the hardship is removed then both properties will enjoy full unencumbered utilization up to and including building a new structure. 5. The variance if granted would have absolutely no negative effect on public infrastructure or services, public safety, morals and general welfare of the community 6. See Attachment 1- Survey of 14102 W. Beach- current condition 7. See attachment 2 - Survey of 14102 W. Beach with proposed modification to remove encroachment V. ACKNOWLEDGEMENTS I certify that [ x] I am the legal owner on record , or [ ] I have secured the property owner's permission and have full authority to make this application, and that the above information is correct and complete to the best of my knowledge and ability. ~ ad and initial below: I understand that all documents submitted with this application are subject to open records requests in ~~ accordance with the Open Records Act I Texas Public Information Act. I understand that receipt of an application does not constitute application completeness and that staff will review the application and return incomplete applications. I understand that application fees are non- ~~(\~ {)( ('L_ refundable once an application has been accepted and processed . I understand that if I am not present or represented at the public hearing, the Zoning Board of {f') Adjustment may defer or disapprove/deny the application. L~~l~ I understand that, in considering my application , the Zoning Board of Adjustment may grant a variance only if the variance is not prohibited by the Land Development Regulations, and if 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. C:\Users\h1566B1\0ocuments\Grand Buccaneer\Zoni ng Board of Adjustment Application Oct 201B.doc Rev. 06/2018  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: 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 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. Hgl ~ ~Q(L( l0}~26JJ' Printed Name and Sig Dater I LCtlA~ B~K£ \ ro/0_ 'l.DJ 'l Printed Name and S Dater- ' VI. APPLICANT CHECKLIST -/ All documents should be provided in 8.5" x 11 ': or please fold to appropriate size iflarger. All drawings must be to scale. -/ Please provide electronic copies, if available. Other perlinent information to supporl said request should also be attached. { ] Pre-Application Meeting with City Staff (Staff initial here if waived : ) { ] Site Plan, (1 copy)- Site Plan must include: Scale, North Arrow, Legal Descriptions, Street Address-provided on Survey Location and dimension of the lot(s) and adjacent lots that may be impacted - provided on survey Footprint of all existing and proposed structures, with dimensions and distance from property lines and adjacent buildings All building setbacks (front, rear, side, structure to structure) Location/type of driveways and sidewalks, with dimensions Alley location and dimensions (where applicable) [ ] Survey, (1 copy) [ ] Title Report, (1 copy)- if property was purchased within the last 60 days. [ ] Non-Refundable Application Fee $375.00 (payable to the City of Galveston) C:\Users\h156681\Documents\Grand Buccaneer\Zoning Board of Adjustment Application Oct 2018.doc Rev. 06/2018  4~ijMVJf "' ~ ").. BLOCK 3 \..0\. 9~ -()- 1! SCALE: 1" = 30' <;,' ~·%.... e> o.P -o~ ~,... ~~~. u;.. rr '(\ .... o.P ~ ~ v.'-~ · ­ . o''se"-0 1.o'1 ...... ').00 <l''Oe( ' >(< '\>ece .f \ \.> vf\e f V ~,of\~ '\> ,1 e\G o ~0 ~ '-leq "\Oe O'./' 1\.'<' :oe</ ' sov e<l' ~ x\ ~ ~\... The Mean High Water Line and th1 Mean len.~ Water Line depicted hereon <"': \>-G 1\.e< ----. w&re located on Deceaber 6, 2917 ~ ~ ~G~\1 omd are referenced to the tide ~,~'<'1) . ~ gauge located at the Galveston ... v.eG~'Q6< Pleasure Pier (NOM ro• Bn1519). The location of the I'HW and MLW -a. "ll>. ~ce were determined by transferring '?< the NOM determined I'HW and IILW ~G\e<----. ~\ elevations that are published for \.0.... ').0,1 ~<i.-'1--\()0 the N.G.S . llonu.,..nt "WALL" (PID AW9588) to the site using RTK GPS v.eof\ < o· '\>ece<l''Oe -~\ techniques . The elevation used 0 ~ for the H.G.S . llonu~ent "WALL" is 14 . 11 feet, the elevation used for the Mean Hilh Water is 1.17 feet, and the elevation used for Mean Low G'sJ Water is ·9 . 38 feet . Survey of the East Sixty-two Feet (62'0") of Lot Ninety- two (92), in Block Three (3), of PALM BEACH TEXAS, a subdivision in Galveston County, Texas, according to the map or plot thereof recorded in Plot Record 254-A, Map No. 79, of the Mop Records in the Office of the County Clerk of Galveston County, Texas, said tract being described by deed recorded in Book 1313, Page 599 (Instrument 65908426) in the Office of the County Clerk of Galveston County, Texas. I hereby certify that on the below date, the herein described property, together with improvements located thereon, was surveyed on the ground and under my direction, and that this mop, together with dimensions as shown hereon, accurately represents the facts as found on the ground this dote. :0/~;$.~ Brion S. House Registered Professional Land Surveyor No. 6520 NOTES: 1) This property does lie within the 100 Year Flood Plain OS eslobroshed by the Federal Emergency llanagement Agency. 2) This property is subject to any resltictions of record and may be subject to setbacks from power rilleS as estabr~Sled by OSHA (col your power company). 3) Bearings based on monumentotion of the Westerly R.O.W. fine of 50' County Rood, being 8017 HARBORSIDE DRIVE o t• pipe found at the SE corner of lot 92, P.O. BOX 16142(mailing) and a 3/4• pipe found at the SE comer of GALVESTON, TX 77552 lot 101. SURVEY DATE: DECEMBER 6 2017 4) Surveyed without benefit of o Title Report. FILE No.: 5560-0003-0092-002 ph (409) 740-1517 Registration Number: 10193855 5) EleYotions ore shown in feel above t.leon DRAFTING: JTK Sea Level NAVO '88 Datum os tied to HGS JOB No.: 17-0985 www.highlidelandsurvsylng.com Monument HGCSO 62.  4~ HY\'1VJ r l S\ t-r:, YLA-J \\ .g... BLOCK 3 ~ 9~ \.•.0 \\ ~ -c- ~ ~ !j) ~-~ 'f) ·o ;! ,~!j\ ·~ ~ SCALE: 1" = 30' \ ~~"' <b~--1 0/ 0""E o~· t) 0'$ ~-% -- Fnd. 1" Pipe ()--"' <9,.,-{)~ ~r" ~<c;-~. / r· (l / u:> ~ ~ ~o\ow ~ct'-1)11'¥\~ T r <.f1 e ~ ~ \t er'l( r04: 1-Wt?£,.;~ ~\.:t<·­ D~ 14JDb Ll), lSLPu.t CM~ . cfo"'"'" 1,0'1 '1-c§l «''Oec I'>· ~ ..... '« ~rop~. I 'lS S.F. LNV Qec"' )l..f I 0?.- '!'el ~,ol'~v""'"'~ o 0,1_......-- , C HM {, ( {o tJ £>Lh. ~ ~o~""- t e'-o 6 o -leG '\0 ~ , &~ !<.'!' 'f:Je{.....-- l'.:,..,~sl?'! S so"e«' ' 0 ,~ cov<'t:>.C. -t~o\ec....-... The P\ean High Water Line and the Mean Low Water Line depicted hereon were located on Dece11ber 6, 2817, o'1 ~ ~ and are referenced to the tide _.. ,,;,o,'l' ·.-.. gauge located at the Galveston -" ef>r. :oe( " 1), yr Pleasure Pier (NOM IO# 8771519). (1' \!' e«' The location of the - and HLW '<1). 1)6G were determined by transferring '« the NOAA deterMined - and HLW ~ 0\.ec...--... elav~tions that are published for '-o~ 'l-o"1 ~ef>~~( I'>· ~'t,_'f..\CJ0 the N. G. S. Monument "WALL" (PID A\19588) to the site using RTK GPS techniques . The elevation used ~ Q"'cec"' '(1', r,\J\..~ 0~ for the N.G.S. HonuHnt "WALL" is yr 14 . 11 feet, the elevation used for the Mean Hi&h Water is 1.17 feet, and the elevation used for Mean Low Water is -8.38 feet . Survey of the East Sixty-two Feet (62'0") of Lot Ninety-two (92), in Block Three (3), of PALM BEACH TEXAS, a subdivision in Galveston County, Texas, according to the mop or plot thereof recorded in Plot Record 254-A, Mop No. 79, of the Map Records in the Office of the County Clerl< of Galveston County, Texas, said tract being described by deed recorded in Book 1313, Page 599 (Instrument #5908426) in the Office of the County Clerk of Galveston County, Texas. I hereby certify that on the below date, the herein described property, together with improvements located thereon, was surveyed on the ground and under my direction, and that this map, together with dimensions as shown hereon, accurately represents the facts as found on the ground this date. z~-~~ Brion S. House Registered Professional Land Surveyor No. 6520 NOTES: 1) This property does lie within the 100 Yecr Flood Plain as established by the Federal Emergency l.lonogement Agency. 2) This property is subject to any mtrictions of record and may be subject to setbacks from power fines os estabfiShed by OSHA (coli your power company). 3) Beorinqs based on monumentotion of the Westerly R.O.W. line of 50' County Rood, being 8017 HARBORSIDE DRIVE o t• pipe fO<Jnd ot the SE comer of Lot 92, P.O. BOX16142(maillng) and o 3/4• pipe found ot the SE comer of GALVESTON. TX 77552 Lot 101. SURVEY DATE: DECEMBER 6 2017 4) Surveyed without benefit of a Title Report. FILE No.: 5560 0003 0092 002 ph (4Q9) 74~1517 Registration Number: 10193855 5) Elevotions ore shown in feet aboYe Mean DRAFTING: JTK Sea Level HA'IO '88 Oowm os tied to NGS JOB No.: 17-0~85 www.hightidelandsurveylng.com Monument HGCSO 62.