Board of Adjustments Special Meeting
Special MeetingTomball, TX · November 14, 2013
Minutes
MINUTES OF
SPECIAL BOARD OF ADJUSTMENTS MEETING
CITY OF TOMBALL, TEXAS
THURSDAY, NOVEMBER 14, 2013
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 Hemby
Alternate Board Member Wolfe
Board Member Lynch
Board Member Ross – Excused Absence
Others present:
Community Development Director – Craig Meyers
City Engineer – Lori Lakatos
City Planner – Rebeca Guerra
Assistant City Planner – Rodney Schmidt
City Attorney – Loren Smith
Senior Administrative Assistant – Brandy Pate
2.0 No Public Comments were received.
3.0 No Reports and Announcements were received.
4.0 Motion was made by Board Member Tynes to Approve the Minutes of the Special Board of
Adjustments Meeting of July 11, 2013; second by Board Member Hemby.
Motion carried unanimously.
5.0 New Business:
5.1 Consideration to approve BOA Case P13-159: Request by Nate Robb Construction,
on behalf of Kelly Scott & Company, for a Special Exception to the City’s Zoning
Ordinance for a reduction in the off-street parking requirements established in Section
38.2 (“Use Charts”) to allow two off-street parking stalls where the Zoning Ordinance
requires six off-street parking stalls for a proposed 1,661 square foot “Professional
and General Business Office.” The project site is legally described as Lots 21, 22, 23,
Minutes
Special Board of Adjustments Meeting
November 14, 2013
Page 2 of 4
and 24, Block 45, Tomball, generally located northerly of Mason Street, between
North Poplar and North Magnolia Streets.
The Public Hearing was opened by Chairman Ford at 6:32 p.m.
Rebeca Guerra, City Planner presented the staff report.
Applicant, Nate Robb and Owner, Kelly Scott spoke on behalf of the request.
Elaine Hancock, of 7506 Roburn Lane, Houston, spoke in favor of the request.
Hearing no additional comments, the Public Hearing was closed at 6:45 p.m.
Motion was made by Board Member Tynes; second by Board Member Hemby to
approve BOA Case P13-159 with the following conditions:
1. The property owner shall execute an off-site parking agreement providing for
three (3) parking stalls needed for this site before Site Plan approval;
2. All required handicapped-accessible parking and loading stalls shall be
provided on-site.
3. The Special Exception shall only apply to the “Professional and General
Business” land uses at the subject site.
4. A Certificate of Occupancy for an “Office” use shall be obtained within one
(1) calendar year of this approval.
Vote was as follows:
Alternate Board Member Wolfe Aye
Board Member Hemby Aye
Board Member Lynch Aye
Board Member Tynes Aye
Chairman Ford Aye
Motion carried; 5 votes Aye, 0 votes Nay.
5.2 Consideration to approve BOA Case P13-163: Request by First America Homes,
LTD, on behalf of Maritia, LP, for a Variance from Section 17.4.B.2 of the City of
Tomball Zoning Ordinance to allow a 15-foot side setback along an arterial street
Minutes
Special Board of Adjustments Meeting
November 14, 2013
Page 3 of 4
where a 25-foot side setback along arterial streets is required. The project site is
approximately 0.17 acres, generally located southerly of Theis Lane, westerly of
Scotch Pine Street, is zoned Single-Family Residential-6 District, and is legally
described as Lot 1, Block 1, Section 1, Pine Meadows.
The Public Hearing was opened by Chairman Ford at 7:02 p.m.
Rebeca Guerra, City Planner presented the staff report.
Owner, Lou Smulders spoke on behalf of the request.
Hearing no additional comments, the Public Hearing was closed at 7:15 p.m.
Motion was made by Board Member Hemby; second by Board Member Lynch to
approve BOA Case P13-163. Vote was as follows:
Alternate Board Member Wolfe Aye
Board Member Hemby Aye
Board Member Lynch Aye
Board Member Tynes Aye
Chairman Ford Aye
Motion carried; 5 votes Aye, 0 votes Nay.
5.3 Consideration to approve BOA Case P13-164: Request by First America Homes,
LTD, on behalf of Maritia, LP, for a Variance from Section 17.4.B.3 of the City of
Tomball Zoning Ordinance to allow a 15-foot rear setback along an arterial street
where a 25-foot rear setback along arterial streets is required. The project site is
approximately 0.22 acres, generally located southerly of Theis Lane, easterly of
Scotch Pine Street, is zoned Single-Family Residential-6 District, and is legally
described as Lot 13, Block 3, Section 1, Pine Meadows.
The Public Hearing was opened by Chairman Ford at 7:22 p.m.
Rebeca Guerra, City Planner presented the staff report.
Hearing no additional comments, the Public Hearing was closed at 7:23 p.m.
Motion was made by Board Member Hemby; second by Board Member Lynch to
approve BOA Case P13-164. Vote was as follows:
Alternate Board Member Wolfe Aye
Board Member Hemby Aye
Board Member Lynch Aye
Board Member Tynes Aye
Chairman Ford Aye
Motion carried; 5 votes Aye, 0 votes Nay.
Minutes
Special Board of Adjustments Meeting
November 14, 2013
Page 4 of 4
5.4 Consideration to approve BOA Case P13-169: Request by First America Homes,
LTD, on behalf of Maritia, LP, for a Variance from Section 17.4.B.3 of the City of
Tomball Zoning Ordinance to allow a 15-foot rear setback along an arterial street
where a 25-foot rear setback along arterial streets is required. The project site
includes eight lots, each approximately 0.14 acres, generally located southerly of
Theis Lane, easterly of Scotch Pine Street, is zoned Single-Family Residential-6
District, and is legally described as Lots 14, 15, 20, 21, 22, 23, 24, and 25, Block 3,
Section 1, Pine Meadows.
The Public Hearing was opened by Chairman Ford at 7:19 p.m.
Rebeca Guerra, City Planner presented the staff report.
Hearing no additional comments, the Public Hearing was closed at 7:20 p.m.
Motion was made by Board Member Hemby; second by Board Member Lynch to
approve BOA Case P13-169. Vote was as follows:
Alternate Board Member Wolfe Aye
Board Member Hemby Aye
Board Member Lynch Aye
Board Member Tynes Aye
Chairman Ford Aye
Motion carried; 5 votes Aye, 0 votes Nay.
6.0 Motion was made by Board Member Tynes to adjourn; second by Board Member Lynch.
Motion carried unanimously.
Meeting adjourned at 7:23 p.m.
PASSED AND APPROVED this 12th day of December 2013.
Brandy Pate John Ford
Brandy Pate John Ford
Secretary of the Board Chairman
Agenda
NOTICE OF
SPECIAL BOARD OF ADJUSTMENTS MEETING
CITY OF TOMBALL, TEXAS
THURSDAY, NOVEMBER 14, 2013
6:30 P.M.
Notice is hereby given of a meeting of the Board of Adjustments, to be held on Thursday,
November 14, 2013 at 6:30 p.m., at City Hall, 401 Market Street, Tomball, Texas 77375, for the
purpose of considering the following agenda items. All agenda items are subject to action. The
Board of Adjustments reserve the right to meet in a closed session for consultation with
attorney on any agenda item should the need arise and if applicable pursuant to authorization
by Title 5, Chapter 551, of the Texas Government Code.
1.0 Call to Order
2.0 Public Comments and Receipt of Petitions (At this time, anyone will be allowed to speak on
any matter other than personnel matters or matters under litigation, for length of time not to
exceed three minutes. No Board discussion or action may take place on a matter until such
matter has been placed on an agenda and posted in accordance with law.)
3.0 Reports and Announcements
4.0 Approval of the Minutes of Special Board of Adjustments Meeting of July 11, 2013.
5.0 New Business:
5.1 Consideration to approve BOA Case P13-159: Request by Nate Robb Construction,
on behalf of Kelly Scott & Company, for a Special Exception to the City’s Zoning
Ordinance for a reduction in the off-street parking requirements established in Section
38.2 (“Use Charts”) to allow two off-street parking stalls where the Zoning Ordinance
requires six off-street parking stalls for a proposed 1,661 square foot “Professional
and General Business Office.” The project site is legally described as Lots 21, 22, 23,
and 24, Block 45, Tomball, generally located northerly of Mason Street, between
North Poplar and North Magnolia Streets.
Conduct a Public Hearing on BOA Case P13-159
5.2 Consideration to approve BOA Case P13-163: Request by First America Homes,
LTD, on behalf of Maritia, LP, for a Variance from Section 17.4.B.2 of the City of
Tomball Zoning Ordinance to allow a 15-foot side setback along an arterial street
where a 25-foot side setback along arterial streets is required. The project site is
approximately 0.17 acres, generally located southerly of Theis Lane, westerly of
Scotch Pine Street, is zoned Single-Family Residential-6 District, and is legally
described as Lot 1, Block 1, Section 1, Pine Meadows.
Conduct a Public Hearing on BOA Case P13-163
Agenda
Special Board of Adjustments Meeting
November 14, 2013
Page 2 of 2
5.3 Consideration to approve BOA Case P13-164: Request by First America Homes,
LTD, on behalf of Maritia, LP, for a Variance from Section 17.4.B.3 of the City of
Tomball Zoning Ordinance to allow a 15-foot rear setback along an arterial street
where a 25-foot rear setback along arterial streets is required. The project site is
approximately 0.22 acres, generally located southerly of Theis Lane, easterly of
Scotch Pine Street, is zoned Single-Family Residential-6 District, and is legally
described as Lot 13, Block 3, Section 1, Pine Meadows.
Conduct a Public Hearing on BOA Case P13-164
5.4 Consideration to approve BOA Case P13-169: Request by First America Homes,
LTD, on behalf of Maritia, LP, for a Variance from Section 17.4.B.3 of the City of
Tomball Zoning Ordinance to allow a 15-foot rear setback along an arterial street
where a 25-foot rear setback along arterial streets is required. The project site
includes eight lots, each approximately 0.14 acres, generally located southerly of
Theis Lane, easterly of Scotch Pine Street, is zoned Single-Family Residential-6
District, and is legally described as Lots 14, 15, 20, 21, 22, 23, 24, and 25, Block 3,
Section 1, Pine Meadows.
Conduct a Public Hearing on BOA Case P13-169
6.0 Adjournment
CERTIFICATION
I hereby certify that the above notice of meeting was posted on the bulletin board of City Hall; City of
Tomball, Texas, a place readily accessible to the general public at all times, on the 11th day of November
2013 by 5:00 p.m., and remained posted for at least 72 continuous hours preceding the scheduled time of said
meeting.
Brandy Pate
Brandy Pate
Senior Administrative Assistant
Secretary of the Board
This facility is wheelchair accessible and accessible parking spaces are available. Requests for
accommodations or interpretive services must be made 48 hours prior to this meeting. Please feel free to
contact the City Secretary’s office at (281) 290-1002 or FAX (281) 351-6256 for further information.
AGENDAS MAY ALSO BE VIEWED ONLINE AT www.ci.tomball.tx.us.
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