NOTICE OF A REGULAR MEETING BOARD OF ADJUSTMENTS AND APPEALS WEDNESDAY, NOVEMBER 7, 2012 AT 5:15 P.M

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1 NOTICE OF A REGULAR MEETING BOARD OF ADJUSTMENTS AND APPEALS WEDNESDAY, NOVEMBER 7, 2012 AT 5:15 P.M. SECOND FLOOR CITY HALL COUNCIL CHAMBERS 200 WEST VULCAN STREET BRENHAM, TEXAS 1. Call Meeting to Order 2. Approval of the Minutes from the October 8, 2012 Meeting. 3. Public hearing, presentation, discussion, and possible action on a request for a variance to the City of Brenham Code of Ordinances, Appendix A Zoning, to legitimize a 3.9-foot encroachment into the required 25-foot rear yard setback requirement of the existing residence at 1403 Yager Street. 4. Adjourn CERTIFICATION I certify that a copy of the November 7, 2012, agenda of items to be considered by the Board of Adjustments and Appeals was posted to the City Hall bulletin board at 200 W. Vulcan, Brenham, Texas on November 2, 2012 at am, pm. Kim Hodde, Administrative Secretary Disability Access Statement: This meeting is wheelchair accessible. The accessible entrance is located at the Vulcan Street entrance to the City Administration Building. Accessible parking spaces are located adjoining the entrance. Auxiliary aids and services are available upon request (interpreters for the deaf must be requested twenty-four (24) hours before the meeting) by calling (979) for assistance. I certify that this notice and agenda of items to be considered by the Board of Adjustments and Appeals was removed by me from the City Hall bulletin board on at am pm. Signature

2 CITY OF BRENHAM BOARD OF ADJUSTMENTS AND APPEALS MINUTES October 8, 2012 The meeting minutes herein are a summarization of meeting procedures, not a verbatim transcription. A regular meeting of the Board of Adjustments and Appeals was held on October 8, 2012, 2012 at 5:15 p.m. in the Brenham Municipal Building, City Council Chambers, at 200 West Vulcan Street, Brenham, Texas. Commissioners present: Arlen Thielemann Walt Schoenvogel Michael Haywood Darren Heine Commissioners absent: MaLisa Hampton Staff present: Julie Fulgham, Director of Development Services Kim Hodde, Administrative Assistant Citizens present: Johnny Burns Lamar Signs Chris Stokes Lamar Signs Diana Parker Cliff Parker Tiffany Compton Falk Pam Green 1. Call Meeting to Order Chairman Thielemann called the meeting to order at 5:25 p.m. REGULAR AGENDA 2. Approval of the Minutes from the September 10, 2012 Meeting. A motion was made by Commissioner Schoenvogel and seconded by Commissioner Haywood to approve the minutes from the September 10, 2012 meeting. The motion carried unanimously. 3. Public hearing, presentation, discussion, and possible action on a request for a variance to the City of Brenham Code of Ordinances, Appendix A-Zoning, Division 2, Section 1.05(1)(a), to legitimize a 7.5-foot encroachment into the required 25 foot front yard setback requirements of the existing residence at 2709 Cypress Circle. Julie Fulgham, Director of Development Services, explained to the board that the applicant has requested a variance in order to sell the property located at 2709 Cypress Circle since one corner of the garage structure encroaches 7 ½ feet into the required 25-foot front yard setback. This is a newly constructed home and it is believed this encroachment was a builder error. She presented the following staff report and analysis to the Commission: 1

3 The applicant has requested a variance in order to sell the property at 2709 Cypress Circle. This variance request was a result of builder error; however a special exception cannot be requested or granted because the encroachment exceeds more than the 10 percent allowed to be granted by the Board for a special exception where there is builder error. Staff does not believe this request meets all of the criteria listed in the zoning ordinance for variances and therefore recommends denying the request. The site plan shows the property within the required yards; however, Ms. Fulgham stated that is has been proven that most errors of this nature occur in a cul-de-sac situation. Chairman Thielemann opened the Public Hearing and asked for public comments. Cliff Parker with Raydian Builders, who is the builder of this home, explained to the Commission how he measured and stated that this was just an honest mistake. Diana Parker stated that the Homeowner s Association has given their approval of the variance. Pam Green stated that this is the third time that this has happened in this subdivision. It is not noticeable when you are standing in front of the house, you cannot tell that it is 25 instead of 35. Commissioner Heine indicated that this issue has arisen many times. Maybe we should stress during plan review that builders must comply with the building setback lines. He further stated that some municipalities require a slab survey prior to the beginning of construction to prevent this from happening. Commissioner Thielemann commented that this would just be an extra step and an added expense to the consumer since an as-built survey is already required. Ms. Fulgham stated that she is currently trying to improve the process and will look at ways to minimize this occurrence in the future. One problem is that when the housing boom occurred, many title companies allowed people to use prior surveys instead of requiring an up-to-date survey. Commissioners Thielemann and Heine also suggested that there be a general information sheet showing the set-backs with graphics that could be given out to the prospective developers/builders during the permitting process. A motion was made by Commissioner Heine and seconded by Commissioner Schoenvogel to approve the variance as presented. The motion carried unanimously. 4. Public hearing, presentation, discussion, and possible action on a request for a variance to the City of Brenham Code of Ordinances, Chapter 21 Signs, Section 21-7 to replace the billboard with a smaller electronic billboard or to relocate the existing 10 x30 back-to-back stacked billboard at Hwy 290 and Blue Bell Road. Ms. Fulgham stated that the applicant is requesting to relocate the existing 10 x30 double-stacked back-toback billboard 15 further back from the existing located off of Highway 290 East due to Bluebonnet Electric moving their power lines. The billboard would remain setback 20 from James Nutt Boulevard right-of-way. As an alternative to relocating the existing signed structure, Lamar Advertising proposes to be allowed to replace the existing billboard with a 12 x25 back-to-back (monopole) structure with a digital face. Darren Heine asked if the electric lines were relocated due to the Highway 290 construction project. Ms. Fulgham replied that she wasn t sure what caused the relocation, but the construction was most likely the reason. She presented the following staff report and analysis to the Commission: This variance request is a result of Bluebonnet Electric Cooperative relocating their transmission lines too close to the existing billboard. Staff does not believe this request meets the criteria for variance established in Chapter 21; however the City of Brenham recognizes this is a legally non-conforming sign and has traditionally allowed non-conforming uses/structures to exists on the property in which they are located until they are removed or abandoned. Staff does not recommend approval of this request finding it does not meet the criteria for a variance. Chairman Thielemann opened the Public Hearing at 5:45 pm Chris Stokes, who is with Lamar Outdoor Advertising, stated that it is a safety issue for the crews to clean the vinyl billboards when they are only 5 feet from the power lines. The simplest resolution is to move the 2

4 signs back. If the sign size is a problem, they will put in a smaller digital sign in place of the double stacked, back-to-back sign. He further stated that digital signage is heavily regulated by TxDOT. Commissioner Schoenvogel asked if the smaller sign were used, would it still need to be moved. Mr. Stokes replied that it would still need to be moved back some. Mr. Stokes stated that if they were allowed to install the digital billboard, they would allow the City to use one of the spots that could be used for mandated emergencies, evacuations, amber alerts, etc. as well as for city events. Johnny Burns, GM of Lamar in Bryan, stated that there are a couple different options for resolution of this request: 1. Variance to allow the existing sign to be moved; 2. Variance to allow the sign to be not only moved but to be replaced with a smaller digital billboard. He further stated that the State mandates that digital signs cannot be over 42.5 in height. And they cannot change more frequently than every eight (8) seconds. Mr. Stokes added that the signs cannot move or flash. It is a static ad that changes to another static ad. TxDOT is very strict on their regulations. Commissioner Heine stated that he liked the idea of reducing the size and moving the location back, as long as it is tastefully done. Commissioner Heine then made a motion to grant the variance to allow the billboard to be moved 15 back from their existing location, and to allow changing the billboard to a single billboard structure that would have a digital face on one side and a standard vinyl face on the other with the height not to exceed the height of the current billboard structure, provided that the City of Brenham and the Washington County Chamber of Commerce is allowed use of the sign when it is not rented. Commissioner Mike Haywood seconded it. Ms. Fulgham stated we cannot require the owner to allow the City or Chamber of Commerce to use the sign. The motion carried unanimously. 5. Adjourn Chairman Thielemann adjourned the Planning and Zoning Commission meeting at 6:10 p.m. The City of Brenham appreciates the participation of our citizens, and the role of the Board of Adjustments and Appeals in this decision making process. Certification of Meeting Minutes: Board of Adjustments & Appeals Title Meeting Date Attest Title Meeting Date 3

5 City of Brenham Board of Adjustments and Appeals Staff Report November 7, 2012 VARIANCE REQUEST: 1403 Yager Street STAFF CONTACT: Julie Fulgham, Director of Development Services OWNERS/APPLICANTS: Jill Keller/Billie Fowler LEGAL DESCRIPTION: REQUEST: AERIAL: acres being Lot 14 in Sandy Pointe Subdivision of the City of Brenham, Washington County, Texas A request for a variance to legitimize a 3.9-foot encroachment into the required 25-foot rear yard of the existing residence at 1403 Yager Street. APPLICABLE SECTION OF ORDINANCE AND ANALYSIS: (Sec. 5.02)(132)Variance: A type of relief that may be granted by the Board of Adjustment in order to accommodate appropriate development of a particular parcel of land that cannot otherwise be appropriately developed. The granting of such relief is subject to the standards and procedures as established in part IV, Variances, Special Exceptions, Nonconforming Uses and Appeals, division 1. The Board may not grant variances to use requirements or procedural requirements related to the granting of a variance. (DIVISION 2. VARIANCES Sec. 1. Limitations.) The Board of Adjustment shall have the authority to grant variances in accordance with the standards and procedures provided herein, from any and all technical requirements of the zoning ordinance, but may not grant variances to use requirements or procedural requirements or for procedural requirements for hearing or notice, provided that: (1) Such modifications are necessary to accommodate appropriate development of a particular parcel of land that is restricted by attributes inherent in the land such as area, shape or slope to the extent that it cannot otherwise be appropriately developed.

6 There is an adequate building envelope without granting any yard setback variances (front, side, or rear). (2) The granting of the variance will not be materially detrimental or injurious to other property or improvements in the neighborhood in which the subject property is located, nor impair an adequate supply of light or air to adjacent property, nor substantially increase the congestion in the public streets, nor increase the danger of fire, or in any way endanger the public health, safety and well-being of the neighborhood in which the subject property is located. Granting this variance request would not be detrimental to the public health, safety, and wellbeing of the neighborhood in which the property is located. Only a corner of the structure encroaches within the rear yard setback and the encroachment is located within the backyard and not visible from the public right-of-way. (3) The literal enforcement of the ordinance would work on unnecessary hardship. Literal enforcement of this ordinance would create difficulty for the current owner (which is the developer) of this property because without a variance, substantial remodel work would be required to remove the encroachment. (4) The piece of property is unique and contains properties or attributes not common to other similarly situated properties. There are many cul-de-sac lots within the City of Brenham which has the same features as this lot and therefore this property is not unique. Additionally, the building envelope is adequate for the development of a single-family residence on this lot. (5) The need for the variance was not created by the applicant. The need for the variances was not created by the owner. The residence was constructed in 2008 and building plans show the residence conforming to all applicable setback regulations. (6) The hardship to be suffered through the literal enforcement of the ordinance would not be financial alone. The hardship suffered through the literal enforcement of the ordinance would be primarily financial. (7) The granting of the variance would not be injurious to the public health, safety and welfare or defeat the intent of the philosophy contained in the zoning ordinance. Granting the variance would not be injurious to the public health, safety, and welfare and would not defeat the intent of the philosophy contained in the zoning ordinance due to the lots location on the curve of a cul-de-sac and it adjoining a lot on a cul-de-sac with the same conditions to the rear. Sec. 2. Conditions. The board may establish conditions in the written order granting a variance to safeguard the character of the area and to protect adjacent property owners. Staff does not recommend establishing conditions to this variance request to minimize the impact of the variance.

7 STAFF RECOMMENDATION: The applicant has requested a variance in order to sell the property at 1403 Yager Street. This variance request was a result of builder error; however a special exception cannot be requested or granted because the encroachment exceeds more than the 10 percent allowed to be granted by the Board for a special exception where there is builder error. Staff does not believe this request meets all of the criteria (#1-7 listed above) listed within the zoning ordinance that variance request must meet.

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