NOTICE OF SPECIAL BOARD OF ADJUSTMENTS MEETING CITY … · 2020. 8. 19. · NOTICE OF SPECIAL BOARD OF ADJUSTMENTS MEETING CITY OF TOMBALL, TEXAS THURSDAY, AUGUST 19, 2010 6:30 P.M

NOTICE OF SPECIAL BOARD OF ADJUSTMENTS MEETINGCITY OF TOMBALL, TEXAS

THURSDAY, AUGUST 19, 2010

6:30 P.M.

Notice is hereby given of a meeting of the Board of Adjustments, to be held on Thursday, August 19, 2010 at 6:30 P.M., 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 reserves 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 Council/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 June 17, 2010. 5.0 New Business: 5.1 Consideration and Possible Action Regarding BOA Case P10-259: Request by

Dan Schaub and Dean Albers for a Special Exception Under Section 9.7 of the City of Tomball Zoning Ordinance from Sections 39.3.D & F (“Nonresidential

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Off-Street Parking Provisions”) of the City of Tomball Zoning Ordinance regarding the installation of concrete curbs around the perimeter of parking areas and drive aisles. The project site is legally described as Lot 1, Block 1 and Lot 6, Block 2 of the Chestnut Business Park Final Plat. The site address is 623 and 711 South Chestnut Street, Tomball, Texas 77375, within the SF-6 Single-Family 6 District (vested as O-Office District).

l Conduct a Public Hearing on BOA Case P10-259 5.2 Consideration and Possible Action RegardingBOA Case P10-260: Request by

Jack Denton, on behalf of Clayton Homes, for a setback variance from Section 14.4.B.1 of the City of Tomball Zoning Ordinance, to allow a 19 foot front setback for an unpermitted concrete stairway and landing where a 60 foot front setback is required in the AG-Agricultural District. The project site is an approximately 2.17 acre tract located at 27225 Tomball Parkway, Tomball, TX 77375.

l Conduct a Public Hearing on BOA Case P10-260 6.0 Adjournment

C E R T I F I C A T I O N 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 16th day of August 2010 by 5:00 p.m., and remained posted for at least 72 continuous hours preceding the scheduled time of said meeting.

Doris Speer____________________ Doris Speer City Secretary, TRMC

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.

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AGENDAS MAY ALSO BE VIEWED ONLINE AT www.ci.tomball.tx.us.

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Special Board of AdjustmentsAgenda Item Meeting Date: August 19, 2010Data Sheet

Topic:

Background:

Origination:

Recommendation:

Funding: Party(ies) responsible for placing this item on agenda:

ACTION TAKEN

APPROVAL YES NOgfedc gfedc

READINGS PASSED 1ST 2NDgfedc gfedc

OTHER

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Topic:

Background:

Origination:

Recommendation:


ACTION TAKEN



OTHER



Topic:Approval of the Minutes of Special Board of Adjustments Meeting of June 17, 2010. Background:

Origination:

Recommendation:


ACTION TAKEN



OTHER

ATTACHMENTS:

BOA Minutes 06.17.10


MINUTES OF SPECIAL BOARD OF ADJUSTMENTS MEETING

CITY OF TOMBALL, TEXAS

THURSDAY, JUNE 17, 2010

6:30 P.M.

1.0 Call to Order at 6:34 p.m. The meeting was called to order by Chairman Ford. Other members present were: Board Member Ross Board Member Tynes Board Member Lynch Alternate Board Member Chervenak

Alternate Board Member Hemby

Board Member Tomlinson – Excused Absence

Others present:

Director of Engineering & Planning – Mark McClure City Planner / Community Development Coordinator – Kelly Violette Engineering & Planning Senior Administrative Assistant – Brandy Pate Assistant City Planner – Rodney Schmidt City Attorney – Scott Bounds 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 April 15, 2010; second by Board Member Ross.

Motion carried unanimously.

5.0 New Business

5.1 Consideration and Possible Action Regarding BOA Case P10-242: Request by Ben Archer for a special exception from the City of Tomball Comprehensive Zoning Ordinance to allow an existing gravel driveway to remain unpaved in the SF-20-E Single-Family Estate Residential-20 District, where Section 39.2 requires residential driveways and parking areas to be on a concrete or asphalt paved surface. This

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Minutes Special Board of Adjustments Meeting

June 17, 2010 Page 2 of 2

request is in conjunction with an application for a new single family residence. The project site is an approximately 3.0992 acre tract located at 1519 Mulberry Road, Tomball, Texas 77375.

The Public Hearing regarding BOA Case P10-242 was opened at 6:35 p.m.

Kelly Violette, City Planner provided staff report.

Owner / Applicant, Leslie Archer, wife of Ben Archer spoke on behalf of the request.

No comments were received and the Public Hearing was closed at 6:45 p.m.

Board Member Tynes made a motion to Approve BOA Case P10-242; second by Board Member Lynch. The vote was as follows:

BOARD MEMBER ROSS AYE

BOARD MEMBER CHERVENAK AYE BOARD MEMBER LYNCH AYE BOARD MEMBER TYNES AYE BOARD MEMBER FORD AYE Motion to Approve carried 4-0

6.0 Motion was made by Board Member Ross to adjourn; second by Board Member Lynch.

Motion carried unanimously.

Meeting adjourned at 6:46 p.m. PASSED AND APPROVED this day of 2010. Kelly Violette John Ford City Planner / Chairman Community Development Coordinator



Topic:Consideration and Possible Action Regarding BOA Case P10-259: Request by Dan Schaub and Dean Albers for a Special Exception Under Section 9.7 of the City of Tomball Zoning Ordinance from Sections 39.3.D & F (“Nonresidential Off-Street Parking Provisions”) of the City of Tomball Zoning Ordinance regarding the installation of concrete curbs around the perimeter of parking areas and drive aisles. The project site is legally described as Lot 1, Block 1 and Lot 6, Block 2 of the Chestnut Business Park Final Plat. The site address is 623 and 711 South Chestnut Street, Tomball, Texas 77375, within the SF-6 Single-Family 6 District (vested as O-Office District).

l Conduct a Public Hearing on BOA Case P10-259

Background:

Origination:Dan Schaub and Dean Albers

Recommendation:

Funding: Party(ies) responsible for placing this item on agenda:Engineering and Planning

ACTION TAKEN



OTHER

ATTACHMENTS:

Notice of Public HearingProperty Owner Notification LetterP10-259 Staff Report


NOTICE OF PUBLIC HEARING CITY OF TOMBALL

BOARD OF ADJUSTMENTS

AUGUST 19, 2010

Notice is Hereby Given that a Public Hearing will be held by the Board of Adjustments of the City of Tomball on Thursday, August 19, 2010, at 6:30 P.M. at a Special Meeting, in the City Council Chambers of the City of Tomball at City Hall, 401 Market Street, Tomball, Texas. On such date, the Board of Adjustments will consider the following:

BOA Case P10-259: Request by Dan Schaub and Dean Albers for a Special Exception Under Section 9.7 of the City of Tomball Zoning Ordinance from Sections 39.3.D & F (“Nonresidential Off-Street Parking Provisions”) of the City of Tomball Zoning Ordinance regarding the installation of concrete curbs around the perimeter of parking areas and drive aisles. The project site is legally described as Lot 1, Block 1 and Lot 6, Block 2 of the Chestnut Business Park Final Plat. The site address is 623 and 711 South Chestnut Street, Tomball, Texas 77375, within the SF-6 Single-Family 6 District (vested as O-Office District). BOA Case P10-260: Request by Jack Denton, on behalf of Clayton Homes, for a setback variance from Section 14.4.B.1 of the City of Tomball Zoning Ordinance, to allow a 19 foot front setback for an unpermitted concrete stairway and landing where a 60 foot front setback is required in the AG-Agricultural District. The project site is an approximately 2.17 acre tract located at 27225 Tomball Parkway, Tomball, TX 77375. At the public hearing before the Board of Adjustments, parties in interest and citizens will have the opportunity to be heard. All citizens of the City of Tomball, and any other interested parties, are invited to attend. Further information may be obtained and reviewed by contacting the City Planner at 281-290-1491, 501 James Street, Tomball, TX 77375. All decisions of the Board of Adjustments are final and binding and may not be appealed to the City Council. However, any person aggrieved by a decision of the Board of Adjustments may present a verified petition to a court of appropriate jurisdiction that states that the decision of the Board is illegal, in whole or in part, and specifying the grounds of the illegality. Such petition must be presented within ten (10) calendar days after the date the Board’s decision is filed in the office of the Secretary to the Board. Subject to the provisions of Chapter 211.011 of the Texas Local Government Code, only


a court appropriate jurisdiction may reverse, affirm or modify a decision of the Board of Adjustments.

C E R T I F I C A T I O N 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 16th day of August 2010 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.


http://www.ci.tomball.tx.us/

Engineering and Planning Department

YOU ARE INVITED TO ATTEND a Public Hearing before the BOARD OF ADJUSTMENTS of the City of Tomball regarding the following item:

CASE NUMBER: P10-259 APPLICANT: Dan Schaub and Dean Albers LOCATION: 623 and 711 South Chestnut Street PROPOSAL: Request for a Special Exception Under Section 9.7 of the City of Tomball Zoning Ordinance from Sections 39.3.D & F (“Nonresidential Off-Street Parking Provisions”) of the City of Tomball Zoning Ordinance regarding the installation of concrete curbs around the perimeter of parking areas and drive aisles. The project site is legally described as Lot 1, Block 1 and Lot 6, Block 2 of the Chestnut Business Park Final Plat, within the SF-6 Single-Family 6 District (vested as O-Office District).

* * *

CONTACT CITY PLANNER: Kelly Violette PHONE: (281) 290-1491

E-MAIL: [email protected]

Interested parties may contact the City Planner between 8:00 a.m. and 5:00 p.m. Monday through Friday for further information. The application is available for public inspection Monday through Friday, holidays excepted, between the hours of 8:00 a.m. and 5:00 p.m. in the Planning Department office, located at 501 James Street, Tomball, TX 77375. The staff report will be available no later than 4:00 p.m. on the Friday preceding the meeting. This notice is being mailed to all owners of real property within 200 feet of the request as such ownership appears on the last approved Harris County Appraisal District tax roll. Interested parties may appear and speak in opposition to or support of the project or the staff recommendation at the meeting. Written comments may also be submitted for consideration.

BOARD OF ADJUSTMENTS HEARING

City Council Chambers, City Hall

401 Market Street Tomball, Texas

MEETING DATE: August 19, 2010

MEETING TIME: 6:30 p.m.

City of Tomball Engineering and Planning Department – 501 James Street – Tomball, TX 77375


mailto:[email protected]

Engineering & Planning Department

BOA Staff Report

Board of Adjustments Hearing Date: August 19, 2010

BOA Case P10-259: Request by Dan Schaub and Dean Albers for a Special Exception Under Section 9.7 of the City of Tomball Zoning Ordinance from Sections 39.3.D & F (“Nonresidential Off-Street Parking Provisions”) of the City of Tomball Zoning Ordinance regarding the installation of concrete curbs around the perimeter of parking areas and drive aisles. The project site is Lot 1, Block 1 and Lot 6, Block 2 of the Chestnut Business Park Final Plat. The site address is 623 and 711 South Chestnut Street, Tomball, Texas 77375, within the SF-6 Single-Family 6 District (vested as O-Office District).

Property Owner(s): Albers Properties LP

Applicant(s): Dan Schaub and Dean Albers

Location: 623 and 711 South Chestnut Street, Tomball, Texas 77375

Lot Area: 0.9116 acres (Lot 1, Block 1) and 1.1780 (Lot 6, Block 2)

Present Zoning and Use: Single-Family 6 (SF-6) District / Office Park

Adjacent Zoning & Land Uses:

North: SF-6 / Undeveloped

South: SF-6 and D-Duplex District / Undeveloped

East: SF-6 / Undeveloped and mini-warehouse

West: SF-6 / Chestnut Street ROW and undeveloped

ZONING ORDINANCE REFERENCES Section 39.3.D: “All off-street parking, driveways, maneuvering, and loading areas shall be designed in accordance with Table 39-1 and Illustration 39-1 and shall be paved with a concrete or asphalt surface and shall be curbed, in accordance with the City’s parking lot paving requirements. All such areas shall be drained to prevent damage to abutting properties and/or public streets and alleys.” Section 39.3.F: “In all nonresidential and multi-family zoning districts, the perimeter of all parking lots and driveways shall be provided with concrete curbs. Parking shall not be permitted to encroach upon the public right-of-way.” BACKGROUND AND PROJECT DESCRIPTION The subject properties consist of Lot 1, Block 1 (623 S. Chestnut St.) and Lot 6, Block 2 (711 S. Chestnut St.) of the Chestnut Business Park Final Plat and are approximately 0.9116 and 1.1780 acres in size, respectively. Both sites are corner lots with frontage on existing Chestnut Street and future Chestnut Business Park Drive (Exhibit “B”). The lots are part of a 14 lot office park

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development, known as Chestnut Business Park. Lot 1 is currently developed with a newly constructed 6,250 square foot single story office building and related parking facilities. Lot 6 is developed with a newly constructed 9,000 square foot single story office building and related parking facilities. The subject properties are located within the Single-Family 6 (SF-6) zoning district (Exhibit “A”); however, the entire Chestnut Business Park development was issued a Vested Rights Determination letter by the City on July 31, 2008, in accordance with Chapter 245 of the Texas Local Government Code. The vested rights letter (Exhibit “G”) states that the property is deemed to have a prior classification of O-Office District and is bound by all the City’s current codes except Articles III (Zoning Districts), Article IV (Use Regulations), and Section 40 (Landscaping) of the Zoning Ordinance. The letter provides the specific land uses that may occupy the development, which includes any use permitted by right within the O-Office District and specific uses listed under the Office, Transportation and Auto Services, and Commercial and Wholesale Trade land use types as defined in the letter. Light and heavy manufacturing/industrial uses are prohibited. The site plans for Lot 5 (detention pond) and 6, Block 2 and Lots 1, 2, and 3, Block 1 were initially approved by the Engineering & Planning Department on December 1, 2008. Revised plans for the lots were subsequently submitted and approved due to proposed changes to the site layout and landscaping. Building permits for Lot 1 and Lot 6 were issued by the City on September 21, 2009. Construction of both lots and the detention pond was substantially complete in July 2010. In order for the two facilities to meet City Code and receive a Certificate of Occupancy, the perimeter of all parking, driveways, maneuvering and loading areas must be curbed per Section 39.3 of the Zoning Ordinance. As currently constructed, 623 and 711 South Chestnut St. do not have curbing along the rear portions of the parking and maneuvering areas as shown in Figures 3 and 4. After discussions with staff regarding this requirement, the applicant submitted a special exception application requesting that the Board of Adjustments waive the curbing requirement for the rear portions of both sites on July 8, 2010. ANALYSIS A special exception is defined in the Zoning Ordinance as a type of variance; it does not, however, require a finding of a hardship and it can only apply to certain nonconforming uses and structures, off-street parking requirements and landscaping requirements. Special exceptions are granted on a case-by-case basis under particular circumstances when it is determined that the granting of the exception will not adversely impact adjacent property owners, or pose health and safety issues for the community. The Zoning Ordinance grants the Board of Adjustments the authority to impose conditions on a special exception to ensure the public health, safety, and general welfare.

The applicant is requesting approval of the special exception to eliminate the requirement to install curbs around the perimeter of the parking and maneuvering areas on the rear of Lots 1 and 6. The project engineer, David Kelly, P.E., stated in the special exception request letter (Exhibit “E”) that the subject tracts “are not yet occupied and were designed to be expanded to the rear property line and the curbs hinder this opportunity. In addition, with limited room in the back and the continuation of the fire lane in back this would allow oversized loads and fire access easier though [SIC] the back area.”


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City staff has reviewed the application and has been unable to find a reasonable justification to grant the requested special exception. The applicant’s statement that the rear area has been designed to be expanded indicates that there is sufficient room (approximately 20 feet) to provide additional maneuvering space for heavy load vehicles or additional parking and provide the required curbs (Exhibit “F”). Generally, curbs provide a barrier between paved and unpaved surfaces and are required for aesthetics and storm water management. The lack of curbs may also lead to sedimentation from storm water runoff onto the paved surface. Additionally, without curbs regular vehicle use of the site, especially maneuvering of large vehicles, may expedite pavement cracking and failure around the edges of paved surfaces. Finally, there are no unique topography or drainage characteristics on either lot that would pose an obstacle to providing the required curbs. Therefore, it is staff’s opinion that the applicant has not provided a legitimate reason that prevents the site from being in compliance with the City’s ordinances and granting the special exception could potentially establish an unwanted precedent for non-residential development. Because there is not a unique situation affecting this property associated with this request, the City staff recommends denial of the request. PUBLIC COMMENTS Property owners within 200 feet of the project site were mailed notification of this request on August 9, 2010 and, as of the writing of this report, no public comments were received regarding this request. RECOMMENDATION That the Board of Adjustments DENY BOA Case P10-259 based on the finding that there has not been sufficient evidence presented to warrant the waiver of the requirement. If the Board of Adjustments moves to approve the requested special exception, then the City staff proposes the following condition of approval:

1. Wheel stops shall be provided for all parking spaces where curbs are not provided to keep vehicles on paved parking areas.

EXHIBITS

A. Location/Zoning Map B. Aerial Photo C. Comprehensive Plan Map D. Special Exception Application E. Special Exception Request Letter F. Site Plan G. Vested Rights Letter H. Site Photos


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APPEAL PROCEDURE All decisions of the Board of Adjustments are final and binding and may not be appealed to the City Council. However, any person aggrieved by a decision of the Board of Adjustments may present a verified petition to a court of appropriate jurisdiction that states that the decision of the Board is illegal, in whole or in part, and specifying the grounds of the illegality. Such petition must be presented within ten (10) calendar days after the date the Board’s decision is filed in the office of the Secretary to the Board. Subject to the provisions of Chapter 211.011 of the Texas Local Government Code, only a court appropriate jurisdiction may reverse, affirm or modify a decision of the Board of Adjustments.


Exhibit “A” Location/Zoning Map


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Exhibit “B” Aerial Photo


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Exhibit “C”

Comprehensive Plan Map


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Exhibit “D”

Special Exception Application

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Exhibit “E”

Special Exception Request Letter


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Exhibit “F”

Site Plan


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Exhibit “G”

Vested Rights Letter


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Exhibit “H” Site Photos

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Figure 1: 623 South Chestnut St.

Figure 2: 711 South Chestnut St.


Figure 3: Rear portion of 711 S. Chestnut St. Dashed blue line depicts area requested for special exception. Future Chestnut Business Park Drive in front lower center of photo.

Figure 4: Rear portion of 623 S. Chestnut St. Dashed blue line depicts area requested for special exception. Undeveloped lot in lower center of photo.


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Figure 5: Easterly view from South Chestnut St. Subject properties to the right and left. Proposed Chestnut Business Park Dr. in center. Mini-warehouse center right.

Figure 6: Southeasterly view down S. Chestnut St. Subject properties on left. Undeveloped land in center and right.


Figure 7: Northwesterly view up S. Chestnut St. Subject properties on right. Undeveloped land on left and to the north of subject properties


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Topic:Consideration and Possible Action RegardingBOA Case P10-260: Request by Jack Denton, on behalf of Clayton Homes, for a setback variance from Section 14.4.B.1 of the City of Tomball Zoning Ordinance, to allow a 19 foot front setback for an unpermitted concrete stairway and landing where a 60 foot front setback is required in the AG-Agricultural District. The project site is an approximately 2.17 acre tract located at 27225 Tomball Parkway, Tomball, TX 77375.

l Conduct a Public Hearing on BOA Case P10-260

Background:

Origination:Jack Denton, on behalf of Clayton Homes

Recommendation:

Funding: Party(ies) responsible for placing this item on agenda:Engineering and Planning

ACTION TAKEN



OTHER

ATTACHMENTS:

Notice of Public HearingProperty Owner Notification LetterP10-260 Staff Report


NOTICE OF PUBLIC HEARING CITY OF TOMBALL

BOARD OF ADJUSTMENTS

AUGUST 19, 2010

Notice is Hereby Given that a Public Hearing will be held by the Board of Adjustments of the City of Tomball on Thursday, August 19, 2010, at 6:30 P.M. at a Special Meeting, in the City Council Chambers of the City of Tomball at City Hall, 401 Market Street, Tomball, Texas. On such date, the Board of Adjustments will consider the following:

BOA Case P10-259: Request by Dan Schaub and Dean Albers for a Special Exception Under Section 9.7 of the City of Tomball Zoning Ordinance from Sections 39.3.D & F (“Nonresidential Off-Street Parking Provisions”) of the City of Tomball Zoning Ordinance regarding the installation of concrete curbs around the perimeter of parking areas and drive aisles. The project site is legally described as Lot 1, Block 1 and Lot 6, Block 2 of the Chestnut Business Park Final Plat. The site address is 623 and 711 South Chestnut Street, Tomball, Texas 77375, within the SF-6 Single-Family 6 District (vested as O-Office District). BOA Case P10-260: Request by Jack Denton, on behalf of Clayton Homes, for a setback variance from Section 14.4.B.1 of the City of Tomball Zoning Ordinance, to allow a 19 foot front setback for an unpermitted concrete stairway and landing where a 60 foot front setback is required in the AG-Agricultural District. The project site is an approximately 2.17 acre tract located at 27225 Tomball Parkway, Tomball, TX 77375. At the public hearing before the Board of Adjustments, parties in interest and citizens will have the opportunity to be heard. All citizens of the City of Tomball, and any other interested parties, are invited to attend. Further information may be obtained and reviewed by contacting the City Planner at 281-290-1491, 501 James Street, Tomball, TX 77375. All decisions of the Board of Adjustments are final and binding and may not be appealed to the City Council. However, any person aggrieved by a decision of the Board of Adjustments may present a verified petition to a court of appropriate jurisdiction that states that the decision of the Board is illegal, in whole or in part, and specifying the grounds of the illegality. Such petition must be presented within ten (10) calendar days after the date the Board’s decision is filed in the office of the Secretary to the Board. Subject to the provisions of Chapter 211.011 of the Texas Local Government Code, only


a court appropriate jurisdiction may reverse, affirm or modify a decision of the Board of Adjustments.

C E R T I F I C A T I O N 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 16th day of August 2010 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.


http://www.ci.tomball.tx.us/

Engineering and Planning Department

YOU ARE INVITED TO ATTEND a Public Hearing before the BOARD OF ADJUSTMENTS of the City of Tomball regarding the following item:

CASE NUMBER: P10-260 APPLICANT: Jack Denton, on behalf of Clayton Homes LOCATION: 27225 Tomball Parkway PROPOSAL: Request for a setback variance from Section 14.4.B.1 of the City of Tomball Zoning Ordinance, to allow a 19 foot front setback for an unpermitted concrete stairway and landing where a 60 foot front setback is required in the AG-Agricultural District. The project site is an approximately 2.17 acre tract.

* * *

CONTACT CITY PLANNER: Kelly Violette PHONE: (281) 290-1491

E-MAIL: [email protected]

Interested parties may contact the City Planner between 8:00 a.m. and 5:00 p.m. Monday through Friday for further information. The application is available for public inspection Monday through Friday, holidays excepted, between the hours of 8:00 a.m. and 5:00 p.m. in the Planning Department office, located at 501 James Street, Tomball, TX 77375. The staff report will be available no later than 4:00 p.m. on the Friday preceding the meeting. This notice is being mailed to all owners of real property within 200 feet of the request as such ownership appears on the last approved Harris County Appraisal District tax roll. Interested parties may appear and speak in opposition to or support of the project or the staff recommendation at the meeting. Written comments may also be submitted for consideration.

BOARD OF ADJUSTMENTS HEARING

City Council Chambers, City Hall

401 Market Street Tomball, Texas

MEETING DATE: August 19, 2010

MEETING TIME: 6:30 p.m.

City of Tomball Engineering and Planning Department – 501 James Street – Tomball, TX 77375


mailto:[email protected]

Engineering & Planning Department

BOA Staff Report

Board of Adjustments Hearing Date: August 19, 2010

BOA Case P10-260: Request by Jack Denton, on behalf of Clayton Homes, for a setback variance from Section 14.4.B.1 of the City of Tomball Zoning Ordinance, to allow a 19 foot front setback for an unpermitted concrete stairway and landing where a 60 foot front setback is required in the AG-Agricultural District. The project site is an approximately 2.17 acre tract located at 27225 Tomball Parkway, Tomball, TX 77375.

Property Owner(s): Clayton Homes

Applicant(s): Jack Denton

Location: 27225 Tomball Parkway, Tomball, TX 77375

Lot Area: 2.17 acres

Present Zoning and Use: AG – Agricultural and C – Commercial Districts / Clayton Homes Manufactured Homes Display and Sales

Adjacent Zoning & Land Uses:

North: C – Commercial and AG – Agricultural Districts / Excel Storage (mini-storage) and Tomball Parkway

South: AG – Agricultural District / Tomball Tool Rental

East: AG – Agricultural and C – Commercial Districts / Tomball Parkway

West: AG – Agricultural and C – Commercial Districts / Excel Storage (mini-storage) and undeveloped land

ZONING ORDINANCE REFERENCES Section 6.1: “For any period of time following official annexation by the City until a zoning action has been officially adopted to zone the land, the interim zoning of the land shall be considered to be Agricultural (“AG”), and all zoning and development regulations of the ‘AG’ zoning district shall be adhered to with respect to the development and use of the land.” Section 14.4.B.1: “Minimum Front Yard – Sixty feet (60’)” Section 43.2.C: “Front Yard Measurement: The front yard shall be measured from the property line to the front face of the building, to the nearest supporting member of a covered porch or terrace or to any attached accessory building. Eaves and roof extensions or a porch without posts or columns may project into the required front yard for a distance not to exceed four (4) feet, and subsurface structures, platforms or slabs may not project into the front yard to a height greater than thirty (30) inches above the average grade of the yard. See Illustration 43.4. Open porches extending into the front yard shall not be enclosed.”


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BACKGROUND AND PROJECT DESCRIPTION The subject site is an approximately 2.17 acre tract with approximately 550 feet of frontage along S.H. 249 Business and approximately 315 feet of maximum lot depth (Exhibit “B”). The majority of the site is located within the AG – Agricultural District; however a small triangular portion of the site, along the northwesterly boundary, is located in the C – Commercial District (Exhibit “A”). The site is currently being used as a manufactured home display and sales facility for Clayton Homes. There are a number of manufactured display homes on the site as well as a sales office. The property was annexed into the City of Tomball on December 1, 2008 as part of a 172.812 acre SH 249 Bypass (Tomball Expressway) Road Right-of-Way annexation (Ordinance No. 2008-32). Because the subject site was annexed after the passage of the Zoning Ordinance and because a concurrent rezoning request was not filed by the property owner, the subject site was given a zoning classification of AG-Agricultural District per Section 6.1 of the Zoning Ordinance. Per Section 43.002 of the Texas Local Government Code, the existing use of the site (as a “Manufactured Home Display or Sales” facility) is permitted to continue; however the use is deemed legal non-conforming and is not permitted to expand per the Zoning Ordinance. In March 2010, an approximately 8’ x 24’ concrete stairway and landing was constructed without a permit in front of one of the display homes on the site. On April 15, 2010, contractors began constructing a 12’ tall covered entrance over the landing approximately 19’ from the front property line. Because the work was done without a permit, the City’s Building Official issued a stop work order until all permits were acquired. The applicant submitted a site plan application for the improvements on May 14, 2010 to the Engineering & Planning Department, indicating that the 12’ tall cover would be removed and that the request was to permit only the 8’ x 12’ concrete landing and stairs. During the review of the site plan it was discovered that the structure encroached into the required 60’ front setback established in Section 14.4.B.1 of the Zoning Ordinance. As a matter of information, Section 43.2.C of the Zoning Ordinance permits subsurface structures, platforms and slabs to be constructed within the front setback if they do not exceed 30 inches in height above the average grade of the yard. However, the concrete landing and stairs measure between 30.5 - 37 inches in height, giving the structure an average height of 34 inches. Additionally, due to the height of the structure, handrails will be required to be installed for the stairs in order to meet the provisions of the Building Code. The applicant submitted a variance application (Exhibit “D”) on July 9, 2010 requesting that the Board of Adjustments grant a variance to allow the structure to be located within the 60’ front yard setback. ANALYSIS The Zoning Ordinance provides that a variance may be granted by the Board of Adjustments when it determines that an undue hardship will result from requiring compliance with the regulations. In granting a variance, the Board must make certain findings that an undue hardship exists; the hardship cannot be self-inflicted or based upon economic gain or loss. Furthermore, the applicant must present sufficient evidence to find that the variance will not be contrary to the public interest, and that special conditions exist such that the literal enforcement of the Ordinance will result in an unnecessary hardship.


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In the variance application, the applicant has provided the following justification for the variance request (Exhibit “E”):

1. “This request is being made so model homes may be accessed more easily and

demonstrated more attractively;” 2. “This land is being used as a sales center for manufactured homes. The homes have to be

leveled, which means elevating them, then skirting added then decks or landings to the level of the homes entry. This enables the customers to see what the home would look like on their property;”

3. “The special circumstances are Clayton Homes would like to showcase this new model at

the front of there sales center. The home needs to be elevated and level to give an attractive appearance0;”

4. “The variance will not have any effect on adjacent properties;”

5. “It is not self imposed at the floor level of the home, as it is set at manufactured home

standard height;”

6. “The granting if this variance will not affect any other properties health or safety;”

7. “Granting this variance will not only be in harmony, but will improve the appearance of the manufactured home displays in the area;”

8. There is no precedent to be set as no one would notice this as the level of the height of the

landing, The height is only approximately 4 inches above the 30 inch rule for the majority of the lot and Berkshire Hathaway (Clayton Homes) will agree to remove the structure if they remove the buildings.” [SIC]

Staff has reviewed the variance application, exhibits, and variance request letter and recommends that the requested variance be denied based on the following:

̇ The variance is being requested to relieve a self-imposed hardship created by the

applicant when construction was initiated on the landing without the proper permits. Section 9.6.E.1 of the Zoning Ordinance states that, “A variance shall not be granted to relieve a self-created or personal hardship.”

̇ The existing manufactured homes on the site were placed in their locations prior to the

site’s 2008 annexation. As such, the existing structures do not conform to the City’s setbacks. Any new additions to the site (except for the replacement of existing homes in their current locations) would be required to meet such setbacks. There are a number of manufactured home display and sales facilities in the general vicinity that share the same front setback characteristics. As such, the circumstances of this request are not unique to this site because most of the properties within the area are affected by the same situation.

̇ Sufficient evidence has not been provided to show that a hardship exists. The applicant’s

claim that the landing is needed to make the model home more attractive and accessible does not constitute a hardship. Before the concrete landing was constructed, wooden stairs were used for access to the model home. The replacement of the same kind of


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stairs for safety purposes would be permitted. As such, there is a viable alternative for access to the home that does not require a variance, and the granting of the variance is not required to preserve a substantial property right.

PUBLIC COMMENTS Property owners within 200 feet of the project site were mailed notification of this request on August 8, 2010 and, as of the writing of this report, no public comments were received regarding this request. RECOMMENDATION That the Board of Adjustments DENY BOA Case P10-260 based upon the following:

1. There are no special circumstances applicable to the property that justifies the variance of the strict application of the Zoning Ordinance.

2. The strict application of the Zoning Ordinance will not deprive the property of privileges enjoyed by other property in the vicinity and under identical zoning classification.

3. Granting the variance would constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and district in which the property is located.

4. The applicant did not meet the burden of proof to demonstrate a practical difficulty that would necessitate the requested variances.

EXHIBITS

A. Location/Zoning Map B. Aerial Photo C. Comprehensive Plan Map D. Variance Application E. Variance Request Letter F. Site Plan G. Applicant Submitted Photos H. Site Photos

APPEAL PROCEDURE All decisions of the Board of Adjustments are final and binding and may not be appealed to the City Council. However, any person aggrieved by a decision of the Board of Adjustments may present a verified petition to a court of appropriate jurisdiction that states that the decision of the


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Board is illegal, in whole or in part, and specifying the grounds of the illegality. Such petition must be presented within ten (10) calendar days after the date the Board’s decision is filed in the office of the Secretary to the Board. Subject to the provisions of Chapter 211.011 of the Texas Local Government Code, only a court appropriate jurisdiction may reverse, affirm or modify a decision of the Board of Adjustments.


Exhibit “A” Location/Zoning Map


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Exhibit “B” Aerial Photo


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Exhibit “C” Comprehensive Plan Map


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Exhibit “D” Variance Application


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Exhibit “E” Variance Request Letter


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Exhibit “F” Site Plan


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Exhibit “G” Applicant Submitted Photos


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Exhibit “H” Site Photos

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Figure 1: Southwesterly view of subject site. Proposed landing in center of photo.

Figure 2: Southwesterly view of subject site. Proposed landing in center of

photo.


Figure 3: Southerly view of subject site.

Figure 4: Excel Storage to the north of subject site.


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Figure 5: Tomball Rental Center to the south of subject site.

Figure 6: LUV homes to the north of subject site.


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AUGUST 19, 2010C E R T I F I C A T I O N

AUGUST 19, 2010C E R T I F I C A T I O N

Documents

NOTICE OF SPECIAL BOARD OF ADJUSTMENTS MEETING CITY … · 2020. 8. 19. · NOTICE OF SPECIAL BOARD OF ADJUSTMENTS MEETING CITY OF TOMBALL, TEXAS THURSDAY, AUGUST 19, 2010 6:30 P.M