Board of Adjustments Special Meeting

MINUTES OF SPECIAL BOARD OF ADJUSTMENTS MEETING CITY OF TOMBALL, TEXAS THURSDAY, JULY 21, 2011 6:30 P.M. 1.0 Call to Order at 6:30 p.m. The meeting was called to order by Chairman Ford. Other members present were: Board Member Tynes Board Member Tomlinson Board Member Lynch Alternate Board Member Gray Excused Absence: Board Member Ross Others present: Assistant City Planner – Rodney Schmidt Assistant City Engineer – Lori Lakatos City Intern – Sarah Shackelford City Attorney – Scott Bounds Engineering & Planning Senior Administrative Assistant – Brandy Pate 2.0 No Public Comments were received. 3.0 Motion was made by Board Member Tynes to Approve the Minutes of the Special Board of Adjustments Meeting of May 19, 2011; second by Board Member Tomlinson. Motion carried unanimously. 4.0 New Business 4.1 Consideration and Possible Action Regarding BOA Case P11-336: Request by Philip O’Sullivan, on behalf of Rose Land Ventures LLC, for five variances from the terms of the City of Tomball Code of Ordinances related to the proposed construction of two duplexes. Variances requested include (1) a 15 foot front yard setback along Mechanic Street where a 20 foot front yard setback is required by Section 34.4.B.4, (2) a 15 foot front yard setback along Timkin Road where a 20 foot front yard setback is required by Section 34.4.B.4, (3) a 0 foot front yard setback at the southern terminus of Ash Street where a 20 foot front yard setback is required by Section  Minutes Special Board of Adjustments Meeting July 21, 2011 Page 2 of 3 34.4.B.4, (4) a 0 foot side yard setback along Ash Street where a 10 foot side yard setback is required by Section 34.4.B.6, and (5) a minimum lot depth of 0 feet for two proposed lots where a minimum lot depth of 100 feet is required by Section 34.4.A.3. The project site is legally described as Lot 25, Block 82, Kana Industrial Park and a 7,827.73 square foot portion of abandoned Ash Street right-of-way. The site is generally located between Mechanic Street and Timkin Road, west of Ash Street within the Old Town & Mixed Use District. The Public Hearing regarding BOA Case P11-336 was opened at 6:33 p.m. Rodney Schmidt, Assistant City Planner, provided a staff report. Applicant, Philip O’Sullivan, spoke on behalf of the request. The Public Hearing was closed at 6:48 p.m. Board Member Tynes made a motion to approve BOA Case P11-336; second by Board Member Ford. The vote was as follows: ALTERNATE BOARD MEMBER GRAY AYE BOARD MEMBER TOMLINSON NAY BOARD MEMBER LYNCH AYE BOARD MEMBER TYNES AYE BOARD MEMBER FORD NAY Motion failed 3-2 Board Member Ford made a motion to deny variances: (1) a 15 foot front yard setback along Mechanic Street where a 20 foot front yard setback is required by Section 34.4.B.4; and (2) a 15 foot front yard setback along Timkin Road where a 20 foot front yard setback is required by Section 34.4.B.4; and Approve variances: (3) a 0 foot front yard setback at the southern terminus of Ash Street where a 20 foot front yard setback is required by Section 34.4.B.4, (4) a 0 foot side yard setback along Ash Street where a 10 foot side yard setback is required by Section 34.4.B.6; and (5) a minimum lot depth of 73’ feet for two proposed lots where a minimum  Minutes Special Board of Adjustments Meeting July 21, 2011 Page 3 of 3 lot depth of 100 feet is required by Section 34.4.A.3. Second by Board Member Tynes. The vote was as follows: ALTERNATE BOARD MEMBER GRAY AYE BOARD MEMBER TOMLINSON AYE BOARD MEMBER LYNCH AYE BOARD MEMBER TYNES AYE BOARD MEMBER FORD AYE Motion carried 5-0 5.0 Motion was made by Board Member Tomlinson to adjourn; second by Board Member Lynch. Motion carried unanimously. Meeting adjourned at 7:17 p.m. PASSED AND APPROVED this 12th day of April 2012. Rodney Schmidt John Ford Rodney Schmidt John Ford Assistant City Planner Chairman