City of Friendswood

Memo To: Zoning Board of Adjustments Members From: Brian Rouane, CFM, Chief Building Official Becky Summers, Development Coordinator Date: May 7, 2018 Subject: 505 Brandywyne Drive

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Request 1: The applicant is requesting a variance from Appendix C, Zoning Ordinance Section 7.A.1. and Section 7.Q.2 Regulation Matrix – Residential Districts to allow a carport to encroach 9 feet into the 25-foot front yard. Appendix C, Zoning Ordinance Section 11.B. Variance; conditions governing applications; authority and limitations. To authorize upon appeal in specific cases, such variance from the terms of this ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this ordinance would result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and substantial justice done. Request 2: The applicant is requesting a permanent de minimus special exception from Appendix C, Zoning Ordinance Section 7.A.1. and Section 7.Q.2 Regulation Matrix – Residential Districts to allow the carport to remain. The posts of the structure encroach the required 25-foot front building line by 9-feet being a 36% encroachment. Appendix C, Zoning Ordinance Section 11.C. 2. Permanent Special Exceptions b. De Minimus exception. The board may grant a special exception for very

small exceptions to the zoning ordinance, where the spirit of the Code is met and there is an overriding benefit to the applicant with no detriment to the surrounding neighbors or the city. (An example would be where a 9.5-foot setback for building would be allowed where a ten-foot setback is required, to allow the property owner to save an oak tree.)

4. Requirements. Temporary or permanent special exceptions may be granted only after the following items have

been addressed:

a. The city's building official has denied the applicant a permit or permits based on noncompliance with the city's zoning ordinance; and

Staff Memo for ZBOA May 7, 2018 Re: 505 Brandywyne Dr. page 2

b. The applicant has made a written request for a special exception in accordance with V.T.C.A., Local Government Code § 211.010, and appendix C, subsection 10.(B) of the Code of Ordinances; and

c. The applicant's request is based on ambiguous definitions or terms, medical reasons or necessity or ADA compliance, or other special De Minimus circumstances, and that there are demonstrated significant economic reasons why action cannot be taken by the applicant to achieve compliance with the city's zoning ordinance; and

d. There has been notice and a public hearing as required appendix C, subsection 10.(C) of the Code of Ordinances; and

e. The applicant agrees to accept reasonable conditions or actions that the board may suggest to mitigate potential issues with or objections to the applicant's request; however, the board cannot require such conditions or actions to be accepted in return for a favorable decision by the board, rather the case must be otherwise decided on its merits. (An example is installing additional property drainage as a condition for side setback relief.); and

f. In no case shall the board be authorized to grant permanent special exceptions or temporary special exceptions that would in effect allow a violation of the city's health code, life safety code or fire safety code; and

g. Under no circumstances shall the board grant a request for a special exception that would have the effect of allowing a use not permissible under the terms of the zoning ordinance in the district involved, or any use, expressly or impliedly, prohibited by the terms of the zoning ordinance in the subject district.

5. Finding. A special exception shall not be granted unless the board shall make a determination that the granting of the special exception will not adversely affect the public interest. In making its determination, the board shall duly consider, where applicable, the following:

a. The most appropriate use of the land and conservation and stabilization of property values;

b. Adequate open spaces for light and air and required yards and other open spaces;

c. Congestion of public streets, including ingress and egress to property with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe;

d. Off-street parking, loading and service areas where required;

e. Economic, noise, dust, heat, glare or odor effects of the special exception on surrounding properties or the city;

f. Utilities, with reference to locations, availability, adequacy and compatibility;

g. Screens and buffers with reference to type, dimensions, character and adequacy;

h. General compatibility with surrounding properties and general welfare of the persons residing and working in the area;

i. Whether, at the public hearing, there are objections from the surrounding and affected property owners and whether the objections, if any, can be or have been resolved;

j. For the medical necessity exception, whether the medical condition is proven and the requested exception reasonably relates to the medical condition;

k. For the De Minimus exception, whether there is an overriding benefit to the applicant with no detriment to the surrounding neighbors or the city; and

l. The spirit of the City Code is met.

Staff Memo for ZBOA May 7, 2018 Re: 505 Brandywyne Dr. page 3 The subject property is zoned Single Family Residential (SFR) and is surrounded by properties also zoned Single Family Residential (SFR). The subject property located at 505 Brandywyne Dr. is in the Annalea Kingspark and Whitehall Section B Subdivision, which was annexed in 1967.

Friendswood GIS Zoning Map

The Residential Regulation Matrix in Appendix C, Zoning Ordinance (Section 7.Q.2; also see attached matrix) outlines the required setbacks, building height, and lot coverage for the various residential zoning districts. For a tract that is zoned SFR, the front building line is 25 feet. A previous carport was removed, and a new carport was constructed in violation of the City of Friendswood’s Zoning Ordinance. The structural posts of the current carport encroach the front 25-foot building setback by 9 feet, and the roof of the structure extends another 5 feet. Historical Timeline of 505 Brandywyne Dr.: October 26, 1993 – ZBOA denied a variance for a carport to encroach the front building line by 20 feet (minutes attached); carport built without building permit December 1993 – Robinsons filed suit against the City February 15, 1995 – Judge granted the City’s summary judgment to dismiss the suit May 23, 1995 – ZBOA denied a variance for construction of a carport built 12 feet into the required 25-foot front yard setback (minutes attached) March 2015 – demo permit issued March 2015 – building permit issued for residential additions/alterations April 2, 2015 – frame inspection denied; inspector requested site plan to verify setback compliance for the new carport

Staff Memo for ZBOA May 7, 2018 Re: 505 Brandywyne Dr. page 4 October 7, 2015 – form survey denied; carport structure encroaching front 25-foot building line November 17, 2015 – ZBOA denied variance request to allow a carport to encroach the 25-foot front building line by 9ft (minutes attached) December 2015 – January 2018 – 36 open/active citations issued by Code Enforcement February 27, 2018 - ZBOA denied variance request to allow a carport to encroach the 25-foot front building line by 9ft; ZBOA denied special exception request to allow a carport to encroach the 25-foot front building line by 9ft (draft minutes attached) March 8, 2018 – Owner filed suit against ZBOA in Galveston County 405th District Court April 2018 - Nonsuit filed to allow re-hearing by ZBOA Below is a Google Street View picture of the original carport with a flat roof constructed between 1993 and 1995.

Staff Memo for ZBOA May 7, 2018 Re: 505 Brandywyne Dr. page 5 Below are pictures of the new, wood framed carport with pitched roof at the time of the November 2015 variance application :

Staff Memo for ZBOA May 7, 2018 Re: 505 Brandywyne Dr. page 6 Below are pictures of the finished carport taken February 13, 2018:

Staff Memo for ZBOA May 7, 2018 Re: 505 Brandywyne Dr. page 7 More Definitions from Zoning Ordinance, Section 20. Definitions: Building line. A line parallel or approximately parallel to the street line and beyond which buildings may not be erected. Structure. Anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground. Yard. An open space, other than a court, on a lot, unoccupied and unobstructed from the ground upward except for fences and walls.

Yard, front. A yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and a line parallel thereto on the lot as specified in each zoning district.

Attachments:

• Maps: Location, Aerial and Zoning Map • ZBOA Application (5/2/2018) • Denied site plan/Survey • ZBOA meeting minutes (1993, 1995, 2015, 2018) • City of Friendswood Regulation Matrix – Residential • Copy of the Public Notice that was mailed to owners within 200 feet of the subject

property

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Friendswood GIS Mapping1 " = 382 '

Disclaimer: This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. Gov. C. §2501.102. The user is encouraged to independently verify all information contained in this product. The City of Friendswood makes no representation or warranty as to the accuracy of this product or to its fitness for a particular purpose. The user: (1) accepts the product AS IS, WITH ALL FAULTS; (2) assumes all responsibility for the use thereof; and (3) releases the City of Friendswood from any damage, loss, or liability arising from such use.

City of Friendswood910 South Friendswood Drive

Friendswood, Texas 77546(281) 996-3200

www.ci.friendswood.tx.us I

LegendLot Lines

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!528 CASTLELAKE DR

526 CASTLELAKE DR

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509 BRANDYWYNE DR

507 BRANDYWYNE DR

505 BRANDYWYNE DR

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506 BRANDYWYNE DR

504 BRANDYWYNE DR

500 BRANDYWYNE DR

414 BRANDYWYNE DR

BRANDYWYNE DR

Friendswood GIS Mapping1 " = 48 '

Disclaimer: This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. Gov. C. §2501.102. The user is encouraged to independently verify all information contained in this product. The City of Friendswood makes no representation or warranty as to the accuracy of this product or to its fitness for a particular purpose. The user: (1) accepts the product AS IS, WITH ALL FAULTS; (2) assumes all responsibility for the use thereof; and (3) releases the City of Friendswood from any damage, loss, or liability arising from such use.

City of Friendswood910 South Friendswood Drive

Friendswood, Texas 77546(281) 996-3200

www.ci.friendswood.tx.us I

LegendLot Lines

! Address Points

City Limits

Counties

528 CASTLELAKE DR

526 CASTLELAKE DR

524 CASTLELAKE DR

522 CASTLELAKE DR

509 BRANDYWYNE DR

507 BRANDYWYNE DR

505 BRANDYWYNE DR

503 BRANDYWYNE DR

501 BRANDYWYNE DR

415 BRANDYWYNE DR

506 BRANDYWYNE DR

504 BRANDYWYNE DR

500 BRANDYWYNE DR

414 BRANDYWYNE DR

BRANDYWYNE DR

SFR

SFR

Friendswood GIS Mapping1 " = 48 '

Disclaimer: This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. Gov. C. §2501.102. The user is encouraged to independently verify all information contained in this product. The City of Friendswood makes no representation or warranty as to the accuracy of this product or to its fitness for a particular purpose. The user: (1) accepts the product AS IS, WITH ALL FAULTS; (2) assumes all responsibility for the use thereof; and (3) releases the City of Friendswood from any damage, loss, or liability arising from such use.

City of Friendswood910 South Friendswood Drive

Friendswood, Texas 77546(281) 996-3200

www.ci.friendswood.tx.us I

LegendLot Lines

! Address Points

City Limits

Counties

77

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Regular MeetingZoning Board of AdjustmentOctober 26, 1993

Minutes of the Regul.ar Meeting af the Zoning Baard of

Adjustment of the City of Friendsyaaa which was held at CityHall on Octab.er 26, 1993 with the follawin.g memhers.

present canstitu.ting a quonun

Chairman Williain H. Ta lor

Regular Member John Pew

Rern lar M er. Ann Talhot

Regular M er Mary E11en BellardAlternate Member Evelyn. Brennan

Alternate Meml er Gary Yokum

City Planne David Haaver

Assistant Gity Secretary Linda TharntQn

Chaixm Ta rlo called the meeting to arder at 7 : Q0 P. M.

Chairman Tay7.ar and Board Member aggoint d Evelyn. Br.ennan

as a Regular Me3nber far this meeting:.

Chairma.n Taylor called th Pul l.ic He ing t.o order to

receive public input regarding Mr. & Mrs. John Edwar:d

Robinsan' s reguest on seeking varian. e at 5Q5 Brandywyne,Lot 25, Block 5, Whitehall/ Annalea/ Ki.ng parks Subdivisian,

SectiQn B for. carpQrt as built_ 20' frcnt yard set backrequirement 25' . Zoning ardinance 84- 15, Secti.an P.

DiscussiQn folln uedr W1th AttQLIl. i Jeffr@ T Raizner of

Vinson & Elkins. Law Firm representi.r g Mr. nd Mrs. JohnEdward Robinsan exglaining the regu st an Medical and

Geographi. a1 Hardshigs, Mr. Raizner sta.ted. tl at Mr. Robinsonhad hi.p replacement surgery and is pr.Qne to sligping andfalling. The carpart remeciies the_ Medical_ Haxdshi, it putsa shel.te over the driveway and pre rents the ha a af

fallin.g and enables Mr. RobinsQn. ta walk safely to hisvehiGle. Geographical_ Hardship is the size af: the lot, 65.' x115' lot, which is a sma11 1Qt for the_ Cit r of Friends aad..Without a zoning variance it would be imp s. iY le fcar. Mr..Robinsan to place a carport ontQ the grapc rtg in order tobe safe. Nir. Rai..zner, suhmitte:d, Afficia zit of John EdsaaxdRobinsan; Affidavit of Ophelia Caker Robin on, and Medi.cal.statement_ fram a Gastr.oenter.olQgi.st, I r. Frieder Wuerth.Mr. Raizner, stated the American DisaYziLiti Act and the

Fair Housing Act, as per his int rpretatian.

7

Cary B. Haskell at 506 Brandywlrne s.pak for the varia ce

because of Nl. Robins.an' s disabili.ty and_ i.t is an. impr. ve-

ment to the propertg.

Aelen Schu k at 5Q8 Brandy, ryne spake in. r fer.ence ta the.variance. Nlrs. Schuck' s property has. the_ s am dimensi.Qns_ as

the Robinsan' s, although Mrs. Schuc}. doe nc t ab:ject ta theRoY inson' s request, ut_ stat si. that thi d.ae agen a. can of

worm. N rs. Schuck sta.t.er that ather peQpl.e have di aUled

persons living in the subdi.wisi.,an. Mrs. 5chuek:' s questions.

was, can I close in my garage_ and build a arpar.t sa I will.

have more living a ea and a_ saf.e pla e tQ entex a vehicle2.

Chairman Taylor explained, each case is heard_ individually.

Harvey L rson at 500 Brandywyne asked guestians abaut.

existi.ng carports.

Helen Wreyford at 513 Brandywy e stated t at this.

subdivi.sion daes ha e a Homeoc er.s Ass:o iatia.n and De.edRes ticti.ons.. Mrs. Wre rfard. stated tha she agreed;._ a these

Deed Restrictiarss w en sh: purchased he prog rty anc. mQVec

in. Mrs. Flreyfo d' s canc rn. i.s that. the suhdivi:si.a s a

Homen mer.s A sQCiation that has se.t a reas:Qnahle.. s_et af

Deed Restr.icti ns fQr the hazneawners i.n ar er ta k.eep thesubdivisian neat and clea r::. Why s iould tY ere be an

allns ran e.. M s. Wreyford. dn.e.s e e: t th H m owrzer.s Dee

Restrictians to be enfarc and_ if thelr ar.e not what' s the

use in having Deed. Restzictions..

Roy Schuck at 5Q8 Brand ne tat if the varianc.e is.granted, we need to change the Zaning: Ordin nc: becaus.e aur

subdiVisinn is a-lder. an.d anyQne cauld hav an.e. reasaxi or

another ta build a carport. The ru.l s sh uld a p11r tQ

everyane.

No further input was re.cei ed fro n the Public.

Heari.ng no further input the pubLic hearing was cls sed...

r

79

The Board Members questioned Mr. Robinson on any modusoperandi to his home. He stated that. the home had had atwo car garage which he had close.d- in. apprc xi__m tely tenyears ago. When ask if the home could be returned to itspast configuration, the answer was yes, but would cost

money.

John Pew made a motion to deny the variance at 5Q5

Brandywyne:, Whitehall/ Annalea/ Kingspask Subdivisi n, for

20 ' f.ront yard set back for Single Familg Residencerequirement 25' .

Secoud d hy Hal Taglor.Motion approved 4- 1. Member Ann Ta1bQt Opposed.

Ann Talhnt made a motion to apgrQVe the m? nt te of

September 28, 1993 .

Seconded. hg velyn Brenaaa

Motion approved t n n mausl r

Motion was made and appraved to adjourn at 7: 45 p. m.

2J/ William H. Tay orChairman

3 ZZ Date

ATTEST:

L nda ThDrnton

Assistant City Secretar r

boamin. Doc

ln

Regular Meeting

Zoning Board of Adjustment

May 23, 1995

Minutes of the Regular Meeting of the Zoning Board of Adjustment of theCity of Friendswood which was held at City Hall on May 23, 1995 with

the following members present constituting a quorum:

Chairman William Hal Taylor

Regular Member Howard Yeager

Regular Member Gary YokumRegular Member Ann Talbot

Alternate Member S. Lee Wingate

Alternate Member Patricia Rosendahl

City Planner David Hoover

B. O. A. Secretary Linda Thornton

Chairman Taylor called the meeting to order at 7: 00 P. M. .

Chairman Taylor appointed Patricia Rosendahl as a Regular Member for

this meeting.

Chairman Taylor called the Public Hearing to order to receive publicinput regarding Tom McKinney' s request on seeking a variance at 702Pine Hollow, Lot 10, Block 2, Section 4, Coward Creek Subdivision, for

the placement of an accessory building in the required 25' exterior

side yard setback. Zonincj` Ordinance 84- 15, Regulation Matrix for

Residential Lots.

Discussion followed with Attorney, T. Ray Cunningham/ Law Offices of

Daniel C. Conley representing Mr. Tom McKinney and Mr. Tom McKinney,explaining the request.

Mr. Mike Montz, Chairman/ Architectural Control Committee, Coward Creek

Homeowners Association at 1203 Tall Pines spoke in opposition of the

request.

Mr. Charles Yodzis at 411 Falling Leaf asked questions about Deed

Restrictions and City Ordinance.

Mr. Gregg L. Upchurch at 704 Pine Hollow spoke for the variance.

Mr. Ed Bouquet at 203 Holly Springs spoke in opposition to the request.

BOA. MIN/ LST03

104

Chairman Taylor called the Public Hearing to order to receive public

input regarding Richard Briner' s request on seeking a variance at 16638Bougainvilla, Lot 10, Block 26, Section 6, Forest Bend Subdivision for

construction of a screen enclosure 27' x 12' requiring a 5' side

setback and 22' rear setback. Zoning Ordinance 84- 15, Regulation

Matrix.

Discussion followed with Richard Briner explaining that the request isbecause the lot is a sub- standaxd size, which creates a hardship.

Chairman Taylor called the Public Hearing to order to receive publicinput regarding Mr. and Mrs. John Robinson' s request on seeking a

variance at 505 Brandywyne, Lot 4, Block 5, and 44' of Lot 25, Section

B, Whitehall Subdivision, for construction of carport as built 12' into

the required 25' front yard setback. Zoning Ordinance 84- 15, Regulation

Matrix, 7. 0. 3.

Discussion followed with Contractor, Skeeter Braun and Mr. and Mrs.

Robinson e laining the reconstruction request. Mr. Robinson, the

homeowner, is physically impaired and bad weather conditions could

cause Mr. Robinson to fall, which could create a hardship.

Helen Wreyford at 513 Brandywyne spoke in opposition of the request.

Ann Landers at 509 Brandywyne spoke for the request.

No further input was received from the public.

Hearing no further input the Public Hearing was closed.

x Howard Yeager made a motion; to deny the variance at 702 Pine HollowLot 10, Block 2, Section 4, Coward Creek Subdivision, for the

placement of an accessory building in the required 25' exterior side

yard setback.

Seconded by Ann TalbotMotion approved unanimously

Ann Talbot made a motion to grant the variance at 16638 Bougainvilla

Lot 10, Block 26, Section 6, Forest Bend Subdivision, for

construction of a screen enclosure 27' x12' requiring a 5' side

setback.

Seconded by Howard YeagerMotion approved unanimously

Ann Talbot made a motion to deny the variance at 505 Brandywyne, Lot

4, Block 25, Section B, Whitehall Subdivision, for construction of

carport as built 12' into the required 25' front yard setback.

Seconded by Gary Yokum. Motion approved 4- 1, Howard Yeager abstained.

BOA. MIN/ LST03

Gary Yokum made a motion to approve the minutes of April 25, 1995.

Seconded by Ann TalbotMotion approved Unanimously

Motion was made and approved to adjourn at 9: 05 p. m. .

C-..___._._

William H. Taylor

Chairman

Sr

Date

ATTEST:

Linda Thornton

Assistant City Secretaryand B. O. A. Secretary

NOTE: Following the meeting of the Friendswood Zoning Board of Adjustment,on May 23, 1995, there was a review by the City Attorney, Mr. John Olson

and the Board Chairman, Mr. William H. Taylor of the residential districts

regulation matrix and section 7 paragraph Q- 3 " Area and Height exceptions".

It was determined that the exceptions did allow the placement of Mr. Tom

McKinney' s accessory building so long as it was located not less then 5feet from any side property line and not less than 10 feet from the rear

property line.

Mr. McKinney has been informed of this decision.

BOA. MIN/ LST03

1

ZONING BOARD OF ADJUSTMENT

1. The meeting was called to order at 7:03 pm with the following people in attendance:

Chairman Greg Hughes Regular Member Ron Dyer Alternate Member Glen Grayban Alternate Member Glenn Mintz

Alternate Member Linda Thornton Mary K. Fischer, City Attorney Brian Rouane, Building Official Becky Summers, Dev. Coordinator

Jim Hill, City Council Liaison Alternate members present: Mike Czarowitz

Absent: O’Brien

Chairman Hughes explained the procedure of the meeting and explained that 4 out of 5 votes are required in order for a request to be approved. He stated that if a request is not granted, the applicant has 10 days to file an appeal to Galveston County. Hughes administered an oath to everyone who would be speaking during the meeting.

2. The Board will conduct a public hearing and consider a request for a variance to encroach 5

feet into the required 30 foot front yard on the property located at 406 Independence Drive, Block 1, Lot 9, Heritage Estates Section 1 Subdivision, Friendswood, Galveston County, Texas:

Brian Rouane, Building Official, explained the homeowner would be demolishing the existing home and rebuilding. He stated the new home would be elevated and the entry stairs up into the home would extend past the front building line on the recorded plat. Larry & Donna Musick, applicants, said the new home would sit on the existing under-slab piers since they were undamaged in the flood. Mr. Musick said he did not want to move the house further back because it would mean removing a large, oak tree. He said the house sits far back from the curb due to the large right-of-way. Mrs. Musick said the new home only needed to be elevated about 2-feet but after going through Hurricane Harvey she did not want to experience that again. She said the new home would be 4-feet elevated and they needed the stairs to access the home. Several of the Musick’s neighbors spoke in favor of the variance; Jill Groeschel, Mike Mendenhall, Morgan Hill.

MINUTES OF A REGULAR MEETING HELD

TUESDAY, FEBRUARY 27, 2018 AT 7:00 PM

CITY HALL COUNCIL CHAMBERS 910 S. FRIENDSWOOD DRIVE

FRIENDSWOOD, TEXAS

2

Dyer asked if the footprint of the house would be the same. Rouane answered it would be. Motion to approve: Dyer Second: Thornton Vote: 5-0 (unanimous) Motion Passed Chairman Hughes read the fact finding sheet and the Board took another vote of 5-0 unanimous.

3. The Board will conduct a public hearing and consider a request for a variance to encroach 9

feet into the required 25 foot front yard on the property located at 505 Brandywyne Drive, SW 20.5 feet of Lot 24 & NE 44.5 feet of Lot 25 (25-1) Block 5 Annalea Kingspark Section B & Whitehall Section B, Friendswood, Galveston County, Texas: Rouane stated the applicant was requesting to keep a carport that encroached the front building line by 9-feet. He said the applicant and structure were the same from a 2015 variance request that had been denied. He explained the Building Department issued a stop work order when the structure was being built without proper approval. Rouane showed photos of the original carport, the new carport under construction, and the carport completed after the variance was denied. The applicant was not present. Hughes consulted the City Attorney whether to move forward with the agenda item. The meeting proceeded. Carey Haskell/neighbor spoke in favor of the variance. He said he had lived there since 1982 and was present for the previous owner’s request for a variance in the 1990s. He said the new carport is a significant improvement. Hughes asked if the old carport variance was the same situation. Rouane stated it was the same situation, a similar structure but a different owner/applicant.

Dyer asked if the current applicant appealed the 2015 denial to which Rouane said the owner did not file an appeal of the Board’s decision. Dyer asked what action the City has taken. Rouane said Code Enforcement has been issuing citations but they have yet to go to court. Dyer clarified the structure was completed after the Board denied the variance. Rouane said the structure was finished without any City inspections.

Motion to approve: Dyer Second: Thornton Vote: 0-5 (unanimous) Motion Failed Hughes read the fact finding sheet and the Board voted again 0-5 unanimous.

4. The Board will conduct a public hearing and consider a request for a special exception to

encroach 9 feet into the required 25 foot front yard on the property located at 505 Brandywyne Drive, SW 20.5 feet of Lot 24 & NE 44.5 feet of Lot 25 (25-1) Block 5

3

Annalea Kingspark Section B & Whitehall Section B, Friendswood, Galveston County, Texas:

Rouane read the definition of a de minimus exception and stated the structure was encroaching the setback by 36%. Dyer said he did not believe more than one-third encroachment to be de minimus.

Motion to approve: Dyer Hughes stated he construed the motion to include the prerequisites for finding a special exception. Second: Mintz Vote: 0-5 (unanimous) Motion Failed Hughes stated he noticed a request for an appeal in the application but it was not on the agenda. He explained an appeal was to appeal the decision of a city official that was disfactually wrong. Motion to approve appeal: Dyer Second: Thornton Vote: 0-5 (unanimous) Motion Failed

5. Consideration and possible action regarding approval of minutes for the:

A. February 6, 2018 special meeting

Hughes read the minutes aloud then took a vote. Motion to approve: Thornton Second: Dyer Vote: 5-0 (unanimous) Motion Passed

6. Comments from Board Members No comments. 7. Staff and/or Council or Board Liaison Reports Councilman Hill said it was refreshing to see people who’ve been through so much willing

to reinvest in Friendswood and rebuild their homes. Hughes suggested Council pass a blanket rule for elevated homes to encroach the building

line with stairs. 8. The meeting was adjourned at 7:44pm.

Motion to adjourn: Dyer Second: Mintz Vote: 5-0 (unanimous) Motion Passed

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Respectfully submitted by: Approved by: _____________________________________ ____________________________________ Becky Summers, Development Coordinator Greg Hughes, Chairman

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No

35%

SFR

Sing

le F

amily

Re

side

ntia

l

2.7

15,6

00

120

A 25

B

25

10

25 B

20

C

40

K N

o 35

%

SFR

- E

Sing

le F

amily

Res

iden

tial

Est

ate

0.5

87,1

20

150

A 75

25

25

35

35

40

K

No

20

MFR

- L

M

ulti

Fam

ily

- Lo

w

6 G

7,

260

G

45 G

25

B

25

10 E

, I

25 B

20

C

40

K N

o 50

MFR

- M

M

ulti

Fam

ily

- M

ediu

m

9 —

—

25

B

0 10

E,

I 25

B

20 C

40

K

No

50

MFR

- H

M

ulti

Fam

ily

- H

igh

12

—

—

25 B

0

10 E

, I

25 B

20

C

40

K N

o 50

MH

R M

obile

Hom

e 10

—

—

25

B

25

10 I

30

25 B

20

K

No

50

A I

—

—

—

25 B

25

10

I 25

B

20 C

40

K

No

10%

MFR

-GH

D

Gar

den

Hom

e D

istr

ict

6 6,

000

60

20 B

, H

20

0

D,

J 5

B, H

4

C, H

40

K

Yes

D

50

A.Lo

ts o

f les

s th

an 1

20 fe

et w

ide

requ

ire c

urbs

. Lot

s 12

0 fe

et w

ide

or g

reat

er m

ay u

se o

pen

ditc

hes.

B.

Thirt

y-fiv

e fe

et o

n th

orou

ghfa

res.

C

.Tw

enty

-five

feet

on

thor

ough

fare

s.

D.Z

ero

set-b

ack

on s

ide

only

, min

imum

five

-foot

sep

arat

ion

betw

een

build

ings

. E.

Ten

foot

min

imum

sep

arat

ion

betw

een

build

ings

. F.

Lots

cur

rent

ly in

exi

sten

ce w

ith le

ss th

an 9

0 fe

et o

f wid

th th

at h

ave

stru

ctur

es a

lread

y bu

ilt u

pon

them

may

con

tinue

with

the

sam

e ex

istin

g se

t bac

k fo

r add

ition

s pr

ovid

ed th

ey a

re n

ot le

ss th

an a

min

imum

of f

ive

feet

. G

.Dev

elop

er m

ust e

lect

eith

er u

nits

per

acr

e or

lot a

rea.

Tw

o fa

mily

resi

dent

ial u

nits

on

two

lots

are

requ

ired

whe

n lo

t are

a is

ele

cted

. H

.Fro

nt y

ard

and

exte

rior s

ide

yard

set

back

s sh

all b

e m

easu

red

from

the

edge

of t

he s

treet

RO

W o

r the

edg

e of

the

Dra

inag

e U

tility

/Acc

ess

ease

men

t (if

stre

ets

are

priv

ate)

whi

chev

er is

gre

ater

. I.T

wen

ty-fi

ve fe

et w

hen

abut

ting

land

zon

ed s

ingl

e-fa

mily

resi

dent

ial (

SFR

) dis

trict

. J.

Ten

feet

whe

n ab

uttin

g la

nd z

oned

any

thin

g ot

her t

han

MFR

- G

HD

(Gar

den

Hom

e D

istri

ct).

K.Pa

rkin

g is

requ

ired

in a

ccor

danc

e w

ith th

e Pa

rkin

g G

roup

Tab

le in

the

Des

ign

Crit

eria

Man

ual.

3.

Area

and

hei

ght e

xcep

tions

. a.

U

natta

ched

acc

esso

ry b

uild

ings

or s

truct

ures

less

than

25

feet

in h

eigh

t, as

mea

sure

d fro

m th

e ad

jace

nt g

rade

to th

e hi

ghes

t poi

nt o

f any

por

tion

of s

uch

build

ing

or s

truct

ure,

may

be

loca

ted

in re

quire

d re

ar o

r sid

e ya

rds

with

in re

side

ntia

l di

stric

ts, p

rovi

ded

they

are

set

bac

k no

t les

s th

an fi

ve fe

et fr

om a

ny in

terio

r sid

e lo

t lin

e, 2

0 fe

et fr

om a

ny s

ide

lot l

ine

adja

cent

to a

sid

e st

reet

, and

ten

feet

from

any

rear

lot l

ine.

b.

A

build

ing

stru

ctur

e m

ay n

ot e

xcee

d 40

feet

in h

eigh

t mea

sure

d fro

m th

e m

inim

um h

abita

ble

floor

ele

vatio

n; p

rovi

ded,

ho

wev

er, t

hat:

1.

Bu

ildin

gs o

r stru

ctur

es in

Com

mun

ity S

hopp

ing

Cen

ter (

CSC

), N

eigh

borh

ood

Com

mer

cial

(NC

), O

ffice

Par

k (O

PD),

Ligh

t Ind

ustri

al (L

I), In

dust

rial (

I), B

usin

ess

Park

(BP)

dis

trict

s m

ay e

xcee

d 40

feet

in h

eigh

t whe

n:

a.

The

build

ing

setb

ack

from

the

near

est p

rope

rty li

ne is

equ

al to

the

build

ing

heig

ht. F

urth

er, t

he b

uild

ing

or

stru

ctur

e sh

all f

it un

der a

n im

agin

ary

line

that

is n

ot g

reat

er th

an 4

5.0

degr

ees

at th

e pr

oper

ty li

ne fr

om a

ho

rizon

tal l

ine

esta

blis

hed

at th

e m

inim

um h

abita

ble

floor

ele

vatio

n. P

rovi

ded,

how

ever

, no

build

ing

or

stru

ctur

e on

pro

perty

adj

acen

t to

a re

side

ntia

l zon

e sh

all h

ave

a he

ight

that

exc

eeds

50

feet

unl

ess

a sp

ecifi

c us

e pe

rmit

shal

l hav

e be

en g

rant

ed th

eref

ore

in a

ccor

danc

e w

ith s

ubse

ctio

n 9.

G. o

f thi

s ap

pend

ix.

b.

Build

ings

or s

truct

ures

of 4

0 fe

et o

r les

s in

hei

ght s

hall

mee

t the

set

back

requ

irem

ents

as

defin

ed in

this

ap

pend

ix.

2.

Exce

ptio

ns: S

truct

ures

loca

ted

with

in a

Gen

eral

PU

D o

r PU

D-M

ixed

Use

sha

ll be

exe

mpt

from

the

heig

ht li

mita

tions

co

ntai

ned

here

in. H

eigh

t lim

itatio

ns fo

r bui

ldin

gs o

r stru

ctur

es lo

cate

d w

ithin

a G

ener

al P

UD

or P

UD

-Mix

ed U

se

appl

icat

ion

will

be a

s es

tabl

ishe

d in

the

Ord

inan

ce a

utho

rizin

g an

d ap

prov

ing

the

Plan

ned

Uni

t Dev

elop

men

t.

3.

The

max

imum

hei

ght a

llow

ed fo

r stru

ctur

es w

ithin

the

Dow

ntow

n D

istri

ct (D

D) i

s 70

feet

as

mea

sure

d in

acc

orda

nce

with

the

met

hod

pres

crib

ed in

Sec

tion

20, D

efin

ition

s, s

ubse

ctio

n O

O, H

eigh

t.

c.

Inte

rior s

ide

yard

s sh

all n

ot b

e re

quire

d fo

r abu

tting

pro

perti

es in

the

sam

e zo

ning

dis

trict

if b

oth

prop

ertie

s ar

e de

velo

ped

as

a un

it un

der a

com

mon

dev

elop

men

t pla

n.

d.

Whe

n in

divi

dual

atta

ched

tow

nhou

ses

or c

ondo

min

ium

s ar

e to

be

sold

sep

arat

ely,

ther

e sh

all b

e no

min

imum

lot a

rea

requ

irem

ents

pro

vide

d th

at th

e to

tal l

and

area

of t

he p

roje

ct, i

nclu

ding

the

land

on

whi

ch th

e un

its a

re lo

cate

d an

d th

e la

nd

held

in c

omm

on o

wne

rshi

p by

the

unit

owne

rs, i

s eq

ual t

o th

e to

tal m

inim

um la

nd a

rea

requ

ired

per d

wel

ling

unit

or lo

t in

the

dist

rict i

n w

hich

the

proj

ect i

s lo

cate

d.

e.

The

heig

ht re

gula

tions

of t

his

sect

ion

shal

l not

app

ly to

bel

fries

, chi

mne

ys, c

hurc

h sp

ires,

con

veyo

rs, c

oolin

g to

wer

s,

elev

ator

bul

khea

ds, f

ire to

wer

s, s

tora

ge to

wer

s, fl

agpo

les,

mon

umen

ts, o

rnam

enta

l tow

ers

or s

pire

s, c

rane

s, c

onst

ruct

ion

equi

pmen

t, sm

okes

tack

s, s

tage

tow

ers

and

scen

ery

lofts

, tan

ks, w

ater

tow

ers,

ham

radi

o an

d te

levi

sion

ant

enna

s,

mic

row

ave

rela

y, ra

dio

and

tele

visi

on tr

ansm

issi

on to

wer

s an

d ite

ms

sim

ilar t

o th

ose

liste

d he

rein

. The

tota

l com

bine

d m

axim

um h

eigh

t for

thes

e ite

ms

and

the

stru

ctur

e is

50

feet

ove

rall

heig

ht, m

easu

red

from

the

first

fini

shed

floo

r to

the

high

est p

oint

, unl

ess

othe

rwis

e ap

prov

ed b

y th

e pl

anni

ng a

nd z

onin

g co

mm

issi

on.

f. M

inim

um fr

ont y

ard

setb

acks

for l

ots

with

pre

dom

inan

t fro

ntag

e on

the

curv

ed ra

dius

of a

cul

-de-

sac

shal

l be

15 fe

et.

City of Friendswood Community Development Department

910 S. Friendswood Drive Friendswood, Texas 77546-4856

BUILDING PERMITS & INSPECTIONS ~ CODE ENFORCEMENT ~ PLANNING & ZONING Main Number: (281) 996-3201

May 3, 2018 TO WHOM IT MAY CONCERN: In accordance with State and Local Zoning Law, all owners of land within two hundred feet of any property being considered for an appeal, variance, or a special exception must be afforded an opportunity to address the subject at a public meeting held for this purpose. You are hereby notified that the Friendswood Zoning Board of Adjustment will hold a Public Hearing to consider a request that may be of interest to you. PROPERTY OWNER: Christine Audibert LOCATION OF PROPERTY: 505 Brandywyne Drive

SW 20.5 feet of Lot 24 & NE 44.5 feet of Lot 25 (25-1) Block 5 Annalea Kingspark Section B & Whitehall Section B, Friendswood, Texas, Galveston County

REQUEST 1: Consideration for a Variance from Appendix C, Zoning Ordinance Section 7.A.1. and Section 7.Q.2 Regulation Matrix – Residential Districts, to allow a carport to encroach 9 feet into the required 25-foot front yard set back REQUEST 2: Consideration for a Permanent de Minimus Special Exception from Appendix C, Zoning Ordinance Section 7.A.1 and Section 7.Q.2. Regulation Matrix – Residential Districts, to allow a carport to encroach 9 feet into the required 25-foot front yard set back

The Public Hearing will be held at Friendswood City Hall, Council Chambers, 910 S. Friendswood Drive

Friendswood, Texas PUBLIC HEARING DATE: May 15, 2018 PUBLIC HEARING TIME: 7:00 PM

Documentation will be available online 72 hours prior to the meeting. www.ci.friendswood.tx.us

Documents are currently available for viewing at City Hall in the

Community Development Department - 2nd Floor, 910 S. Friendswood Dr., Friendswood, Texas

Staff contact: Becky Summers, Development Coordinator 281-996-3290 or Email: bsummers@friendswood.com