Zoning Board of Adjustments

MINUTES OF THE MEETING OF THE ZONING BOARD OF ADJUSTMENT HELD IN THE CONFERENCE ROOM, AT CITY HALL, 1212 AVENUE M, HUNTSVILLE, TEXAS ON THE 31ST DAY OF MARCH, 2017 AT 12:00 NOON. Members present: Cromer; Hannes; Holland; Montgomery; Alternate Zuniga Members absent: Grigsby; Alternate Watkins Staff present: Kulhavy, Ridley, Martin 1. CALL TO ORDER This meeting was called to order by Chairman Hannes. [12:01PM] 2. ROLL CALL and selection of Alternate(s) if needed. Alternate Zuniga will be voting. 3. PUBLIC HEARING for the variance request by Juan Salazar and Maria Jalifi, property owners and applicants, for a variance to Section 10.500 Sidewalks in Article 10: Infrastructure and Public Improvements of the Development Code to not construct the required sidewalk on property located at 195 FM 980. Chairman Hannes opened the public hearing. [12:01 PM] Aron Kulhavy gave a brief overview of this case per the staff discussion form noting that the subject property is across the road from 200 FM 980 for which the Board considered a sidewalk variance at the February 24, 2017 meeting. The specifics for this case are the same. Applicant Presentation: Maria Jalifi, applicant and property owner was present but offered no comments. Speakers in support of the variance request: There were none. Speakers in opposition of the variance request: Leo Badoni, residing at 174 FM 980, spoke to express his concern for a FM 980 safety issue in the area of the subject property where the road crosses a drainage channel. The road pavement does not have a shoulder at the drainage crossing and pedestrians have to walk in the travel lanes of the road. He was opposed to granting the variance for the property located at 200 FM 980 because of this reason. He realizes that the Board granted the variance for that property and has set a precedent for this case, but wanted to express his concern regarding the safety issue. Chairman Hannes closed the public hearing. [12:07 PM] 4. CONSIDER for the variance request by Juan Salazar and Maria Jalifi, property owners and applicants, for a variance to Section 10.500 Sidewalks in Article 10: Infrastructure and Public Improvements of the Development Code to not construct the required sidewalk on property located at 195 FM 980. Page 1 of 3 Approved 04-28-2017 Board of Adjustment Minutes February 24, 2017 Board Member Cromer made a motion to approve the variance request with the condition that construction of the sidewalk is deferred until such time that it is appropriate to construct the sidewalk. Second was by Alternate Board Member Zuniga. Prior to the vote, Board Member Holland questioned staff regarding any means/mechanisms in place for letting TxDOT know of this safety issue. Aron Kulhavy stated that staff could forward this concern to TxDOT. Chairman Hannes called for the vote. The vote was unanimous. 5. PUBLIC HEARING for the variance request by Mark Carpenter, applicant, and ATKO Partners, LLC, property owner, for a variance to Section 10.500 Sidewalks in Article 10: Infrastructure and Public Improvements of the Development Code to not construct the required sidewalk on property located at 276 IH 45 S. Chairman Hannes opened the public hearing. [12:12 PM] Aron Kulhavy gave a brief overview of the property noting that the subject property is across IH 45 S from 193 IH 45 S for which the Board considered a sidewalk variance at the January 27, 2017 meeting. The specifics for this case are very similar. He also noted that per the preliminary design plans, TxDOT intends to construct sidewalks as part of the IH 45 widening project through the City Limits of Huntsville. Applicant Presentation: Mark Carpenter, applicant, presented his case pointing out issues with existing drainage, utility easement, and slopes within the right-of-way. He also stated that has had recent communication with Andrew Hollick, TxDOT Interim Area Engineer, which confirms that TxDOT does not desire sidewalks to be constructed in the right-of-way at this location and will not issue a permit for the construction of a sidewalk at this location. Board Members discussed with the applicant how the existing exit ramp from the main lanes of IH 45 affects the access to his proposed project. Speakers in support of the variance request: Phillip Kiser, residing at 2410 Avenue S, spoke in support of the variance. Speakers in opposition of the variance request: There were none. Chairman Hannes closed the public hearing. [12:29 PM] 6. CONSIDER for the variance request by Mark Carpenter, applicant, and ATKO Partners, LLC, property owner, for a variance to Section 10.500 Sidewalks in Article 10: Infrastructure and Public Improvements of the Development Code to not construct the required sidewalk on property located at 276 IH 45 S. Page 2 of 3 Approved 04-28-2017 Board of Adjustment Minutes March 31, 2107 Alternate Board Member Zuniga made a motion to approve the variance request with the condition that construction of the sidewalk is deferred until such time that it is appropriate to construct the sidewalk. Second was by Board Member Holland. The vote was unanimous. 7. CONSIDER the minutes of February 24, 2017. Board Member Cromer made a motion to accept the minutes. Second was by Board Member Holland. The vote was unanimous. 8. ADJOURNMENT Prior to adjournment Aron Kulhavy made the following announcements. • There will be a Board of Adjustment meeting in April and it will not be a sidewalk variance. • The Board members were handed the proposed revised Development Code language for sidewalk construction regulations. This will be on the City Council’s agenda on April 18th. • Board members were asked to please respond to staff regarding their attendance for meetings in a timely manner. The meeting was adjourned. [12:32 PM] Page 3 of 3 Approved 04-28-2017