Board of Adjustments Special Meeting

MINUTES OF SPECIAL BOARD OF ADJUSTMENTS MEETING CITY OF TOMBALL, TEXAS THURSDAY, APRIL 10, 2014 6:30 P.M. 1.0 Call to Order at 6:32 p.m. The meeting was called to order by Chairman Ford. Other members present were: Board Member Tynes Board Member Wolfe Alternate Board Member Roquemore Alternate Board Member Gray Board Member Hemby – Excused Absence Board Member Lynch - Absent 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 City Intern – Rachel Lazo 2.0 No Public Comments were received. 3.0 No Reports or Announcements were received. 4.0 Motion was made by Board Member Tynes to Approve the Minutes of the Special Board of Adjustments Meeting of January 9, 2014; second by Alternate Board Member Gray. Motion carried unanimously. 5.0 New Business: 5.1 Consideration to approve BOA Case P14-029: Request by James & Gina Gorman for a Variance from Section 42.4.D of the City of Tomball Zoning Ordinance to allow a gate designed for vehicular access to be set back from the edge of street or pavement 15 feet where a minimum of 25 feet is required. The project site is approximately 0.16 acres, generally located at the northwest corner of Clayton and South Popular Streets, is zoned Single-Family Residential-6 District, and is legally  Minutes Special Board of Adjustments Meeting April 10, 2014 Page 2 of 4 described as Lot 1, McCraw Valley 2. The Public Hearing was opened by Chairman Ford at 6:35 p.m. Rebeca Guerra, City Planner presented the staff report. Applicant, James Gorman spoke on behalf of the request. Hearing no comments, the Public Hearing was closed at 6:40 p.m. Motion was made by Board Member Tynes to approve BOA Case P13-186 with a reduced setback of 21 feet (on property line) in lieu of 25 feet; second by Alternate Board Member Roquemore. Vote was as follows: Board Member Wolfe Aye Alternate Board Member Gray Aye Alternate Board Member Roquemore Aye Board Member Tynes Aye Chairman Ford Aye Motion carried; 5 votes Aye, 0 votes Nay. 5.2 Consideration to approve BOA Case P14-030: Request by BK 249, LTD for one Variance and two Special Exceptions from the City of Tomball Zoning Ordinance related to the development of a retail shopping center at 28602 Tomball Parkway. The two Special Exceptions requested include: (1) to allow the shopping center to provide 32 off-street parking stalls where 40 are required in Section 38.2; and (2) to not require an off-street receiving and loading area where it is required for retail shopping centers in Section 39.4.A. The one Variance requested is to allow a retail building to be built 1-foot from the side property line where Section 30.4.B.2 requires a minimum side building setback of 10 feet. The project site is approximately 0.67 acres, generally located at the northeast corner of FM 2920 and SH 249 Business, is zoned Commercial District, and is legally described as Tract 25Q, Abstract 34, Joseph House Survey. The Public Hearing was opened by Chairman Ford at 6:45 p.m. Rebeca Guerra, City Planner presented the staff report. Architect, William Kalkman spoke on behalf of the request. Hearing no comments, the Public Hearing was closed at 6:51 p.m. Motion was made by Board Member Tynes; second by Alternate Board Member Gray to approve BOA Case P14-030 with the following conditions:  Minutes Special Board of Adjustments Meeting April 10, 2014 Page 3 of 4 1. No loading or unloading shall be performed at the site during hours of operation. If loading or unloading is performed during hours of operation, the Special Exception regarding the off-street receiving and loading area shall be revoked and an off-street receiving and loading area shall be provided in accordance with the Zoning Ordinance. 2. The site shall be developed and operated in substantial compliance with Exhibit “E” (Proposed Site Layout) of the Board of Adjustments staff report for this case. If the site is not developed in substantial compliance with Exhibit “E,” all the requested Variance and Special Exceptions shall be revoked. 3. The site shall be limited to office and retail land uses. If land uses other than office and retail are established, the Special Exception reducing the off-street parking shall be revoked and the site shall provide off-street parking in accordance with the Zoning Ordinance. Vote was as follows: Board Member Wolfe Aye Alternate Board Member Gray Aye Alternate Board Member Roquemore Aye Board Member Tynes Aye Chairman Ford Aye Motion carried; 5 votes Aye, 0 votes Nay.  Minutes Special Board of Adjustments Meeting April 10, 2014 Page 4 of 4 6.0 Motion was made by Board Member Tynes to adjourn; second by Alternate Board Member Roquemore. Motion carried unanimously. Meeting adjourned at 6:55 p.m. PASSED AND APPROVED this day of 2014. Brandy Harbolt John Ford Secretary of the Board Chairman