CITY OF BAYTOWN NOTICE OF MEETING BOARD OF ADJUSTMENT TUESDAY, NOVEMBER 13, 2018 4:00 P.M. COUNCIL CHAMBER, CITY HALL 2401 MARKET STREET, BAYTOWN, TEXAS 77520 AGENDA CALL TO ORDER AND ANNOUNCEMENT OF QUORUM 1. MINUTES a. Consider approving the meeting minutes of the October 9, 2018, Board of Adjustment regular meeting. 2. VARIANCES a. Conduct a public hearing concerning a request for a variance from the size limitations of buildings other than primary structures of the Unified Land Development Code (ULDC), Article II. Division 3 "Land Use Tables and Conditions", Section 2.10 "Land Use Conditions", Subsection B "Residential Categories", Item 2 "Accessory Structures", for a structure to be located at 401 Scarlett Street, legally described as LT 38 BLK 1 of Wooster Terrace Extension, Harris County, Texas. b. Consider a request for a variance from the size limitations of buildings other than primary structures of the Unified Land Development Code (ULDC), Article II. Division 3 "Land Use Tables and Conditions", Section 2.10 "Land Use Conditions", Subsection B "Residential Categories", Item 2 "Accessory Structures", for a structure to be located at 401 Scarlett Street, legally described as LT 38 BLK 1 of Wooster Terrace Extension, Harris County, Texas. 3. DIRECTOR'S REPORT a. Present a report regarding action taken by City Council on planning and zoning items. 4. ADJOURN
BOARD OF ADJUSTMENT 1. a. Meeting Date: 11/13/2018 Minutes - October 9, 2018, Regular Meeting Prepared for: Tiffany Foster, Planning and Development Services Prepared by: Nai Mongiello, Planning and Development Services Information ITEM Consider approving the meeting minutes of the October 9, 2018, Board of Adjustment regular meeting. PREFACE The minutes of the Board of Adjustment regular meeting held on October 9, 2018, are attached for your review. RECOMMENDATION Staff recommends approval. Minutes Attachments
CITY OF BAYTOWN PLANNING AND DEVELOPMENT SERVICES MINUTES OF THE BOARD OF ADJUSTMENT MEETING Tuesday, October 9, 2018 The Baytown Board of Adjustment met at 4:00 p.m. on Tuesday, October 9, 2018, in the Council Chamber located at 2401 Market Street, Baytown, Texas. Members present: Gilbert Santana Vice Chairman Kathie Smith Member David Corder Member Barbara Wooster Member Members not present: Mike Wilson Chairman Staff present: Tiffany Foster Planning Director Karen Horner Assistant City Attorney Nathan Dietrich Senior Planning Manager Christopher Chavis Principal Planning Manager Christopher Guess Planner II Nai Mongiello Planning Technician CALL TO ORDER Vice Chairman Gilbert Santana called the Tuesday, October 9, 2018, Board of Adjustment Meeting to order at 4:00 p.m. with a quorum present. 1. MINUTES a. Consider approving the minutes for the Board of Adjustment Meeting held on September 11, 2018. Ms. Kathie Smith motioned to approve the minutes, seconded by Mr. David Corder. PASSED unanimously. Motion Vice Chairman Santana read the procedures for public hearings. 2. VARIANCES a. Conduct a public hearing concerning a variance from the Unified Land Development Code (ULDC), Article III. Division1. Table 3-1. Property Development Standards to construct a swimming pool that would encroach into the required minimum rear and side setbacks for the property addressed as 6831 Hunters Way, legally described as Lot 23, Block 3, Hunters Creek Section 1, Baytown, Harris County, Texas. Mr. Christopher Guess summarized the item.
Mr. Lawrence Martinez, the applicant, stated that the pool is encroaching into the setback but not the utility easement. He added that without the encroachment, his pool would only be four feet wide which would not be wide enough for his family to enjoy. Mr. Corder asked what the square footage of the lot, the house and the pool is; Mr. Nathan Dietrich stated that the lot is 6,050, the house is 1,495, and the pool is 257 square feet. Ms. Barbara Wooster asked when he purchased the home; Mr. Martinez said it was nine years ago. With no one else desiring to speak, Vice Chairman Santana closed the public hearing. b. Consider granting a variance from the Unified Land Development Code (ULDC), Article III. Division1. Table 3-1. Property Development Standards to construct a swimming pool that would encroach into the required minimum rear and side setbacks for the property addressed as 6831 Hunters Way, legally described as Lot 23, Block 3, Hunters Creek Section 1, Baytown, Harris County, Texas. Mr. Guess reviewed the ten criteria required for approval of the variance. Mr. Dietrich asked why there are two feet between his home and the coping of the pool; if those two feet were utilized, there would be no encroachment. Mr. Martinez stated that he would rather not walk off of his back patio into a pool. Mr. Corder asked if the pool could be flipped; Mr. Martinez stated that reversing the pool would make it too narrow and he would have more grass to mow. Ms. Wooster stated that it is not known how adjacent neighbors feel about the pool; Mr. Martinez stated that one of his adjacent neighbors signed a waiver to allow construction of the pool as it will affect his fence. He added that the other two neighbors are okay with the pool. The Board reviewed the ten criteria and staff s responses. Vice Chairman Santana stated that he feels that all ten criteria have not been met and the board agreed with him. Ms. Wooster motioned that, having not met all ten criteria, the variance be denied, seconded by Mr. Corder. Motion PASSED unanimously. c. Conduct a public hearing concerning a request for a variance from the Unified Land Development Code (ULDC), Article III. Division 1. Table 3-1. Property Development Standard, to construct a carport that would encroach into the minimum required front building line at the property addressed as 2000 Chesapeake Street, legally described as Lot 21, Block 6 of Central Heights Section 2, Harris County, Texas. Mr. Dietrich summarized the item. Mr. Azael Tamez, the applicant, was assisted by Ms. Karema Johnson who translated for him. He stated that he would like to build the carport to protect his vehicles as he has no garage. The garage was converted into living space by the previous owner. Minutes of the October 9, 2018, Board of Adjustment Meeting
The Board discussed the fact that the applicant s desire is to cover nearly 2/3 of the front yard, or from corner to corner of the front of the house, with the proposed carport. With no one else desiring to speak, Vice Chairman Santana closed the public hearing. d. Consider granting a request for a variance from the Unified Land Development Code (ULDC), Article III. Division 1. Table 3-1. Property Development Standard, to construct a carport that would encroach into the minimum required front building line at the property addressed as 2000 Chesapeake Street, legally described as Lot 21, Block 6 of Central Heights Section 2, Harris County, Texas. Ms. Wooster asked what the code would allow him to do without the variance; Mr. Dietrich said that he could only encroach five feet into the setback per the ULDC. The applicant is requesting fifteen feet beyond what is allowed by the code. Mr. Dietrich reviewed the ten criteria required for approval of the variance. Vice Chairman Santana stated that he believes that the ten criteria have not been met. Ms. Wooster motioned that the variance be denied as the ten criteria were not met; seconded by Ms. Smith. Motion PASSED unanimously. e. Conduct a public hearing concerning a request for a variance from the Unified Land Development Code (ULDC), Article III. Division 3. Table 3-2. Non-residential minimum masonry requirement for the property located at 6040 Garth Road, located on the east side of Garth Road approximately 800 feet south of the intersection of Santavy Drive and Garth Road, Baytown, Harris County, Texas. Mr. Dietrich summarized the item. Ms. Angela Harmsen stated that Cotton Patch has a standard brand and they would like to follow that look for their Baytown store. She added that when they submitted their item for review, they were unaware that the city no longer allows an administrative variance which would have allowed them to reduce their masonry content by 50%. With no one else desiring to speak, Vice Chairman Santana closed the public hearing. f. Consider granting a request for a variance from the Unified Land Development Code (ULDC), Article III. Division 3. Table 3-2. Non-residential minimum masonry requirement for the property located at 6040 Garth Road, located on the east side of Garth Road approximately 800 feet south of the intersection of Santavy Drive and Garth Road, Baytown, Harris County, Texas. Vice Chairman Santana stated that his research showed that there are many different looks to Cotton Patch restaurants he found; Ms. Harmsen stated that all of the ones that don t match the design she submitted and are on schedule to be remodeled. Mr. Dietrich summarized the ten criteria required for approval of the variance; he added that doors and windows are omitted when calculating the amount of required masonry. Minutes of the October 9, 2018, Board of Adjustment Meeting
Ms. Wooster asked what precedent would be set by the board if they approved this variance. Ms. Karen Horner stated that the board is not a legislative body; the board s function is to determine if the criteria are met. Ms. Smith asked if they were willing to build if they don t get the variance; Ms. Harmsen said yes. Ms. Smith motioned that the variance be denied as the ten criteria were not met; seconded by Mr. Corder. Motion PASSED unanimously. 3. DIRECTOR S REPORT a. Present a report regarding action taken by City Council. Ms. Foster related the following information: The San Jacinto Corridor project is going forward; San Jacinto Boulevard will open on October 30 th. 5. ADJOURN Ms. Smith motioned to adjourn, seconded by Mr. Corder. Motion PASSED unanimously. Meeting adjourned at 6:00 p.m. Minutes of the October 9, 2018, Board of Adjustment Meeting
BOARD OF ADJUSTMENT 2. a. Meeting Date: 11/13/2018 Public Hearing: Size of accessory structure Prepared for: Tiffany Foster, Planning and Development Services Prepared by: Nathan Dietrich, Planning and Development Services Information ITEM Conduct a public hearing concerning a request for a variance from the size limitations of buildings other than primary structures of the Unified Land Development Code (ULDC), Article II. Division 3 "Land Use Tables and Conditions", Section 2.10 "Land Use Conditions", Subsection B "Residential Categories", Item 2 "Accessory Structures", for a structure to be located at 401 Scarlett Street, legally described as LT 38 BLK 1 of Wooster Terrace Extension, Harris County, Texas. PREFACE The purpose of the requested variance is to permit the property owner to build a garage, breezeway and carport totaling 1300 square feet. Currently, the primary residence on site is 480 square foot. The size of accessory structures is limited to 75% of the square footage of the primary residence. The applicant is proposing to build a structure that is 360% larger than what is currently allowed by the ordinance. It is the the applicants desire to store his trailers and equipment that he uses for his small electrical business in the garage to protect them from theft and have space for his wood working hobby. The application, supporting documents and staff report are attached for your review. RECOMMENDATION This is a public hearing. Attachments Application and Supporting Documentation Aerial map Zoning Map Staff Report
NORTH ST UN MU SF2 Board of Adjustment Zoning Variance Aerial Map 401 Scarlett St LEGEND WEAVER AVE BAYWAY DR SCARLETT ST Subject Property 300 Property Selection Zone Properties to be notified ARBOR ST Harris County Parcels OR BARNES ST FOSTER ST Document Path: G:\Maps_By_Baytown\Planning Staff\SCARLETT_401\GIS\SCARLET_20181102.mxd The City of Baytown Texas makes no warranty, representation, or guarantee regarding the accuracy of this map. This map is intended for display purposes only and does not replace official recorded documents. 1 inch = 165 feet Date 2018-11-02
NORTH ST UN MU MU SF2 Board of Adjustment Zoning Variance Zoning Map 401 Scarlett Street LEGEND MU Subject Property 300 Property Selection Zone WEAVER AVE BAYWAY DR SF2 SCARLETT ST SF2 Properties to be notified Harris County Parcels Zoning Districts MU ARBOR ST MF2 (Mid-Rise Mixed Res.) MU (Mixed Use) OR (Open Space/Recreation) MU SF2 (Mixed Res. Low/Med. Density) UN (Urban Neighborhood) SF2 OR BARNES ST FOSTER ST Document Path: G:\Maps_By_Baytown\Planning Staff\SCARLETT_401\GIS\SCARLET_20181102.mxd The City of Baytown Texas makes no warranty, representation, or guarantee regarding the accuracy of this map. This map is intended for display purposes only and does not replace official recorded documents. 1 inch = 165 feet Date 2018-11-02
Staff Report to the Zoning Board of Adjustment Meeting of November 13, 2018 Request: Applicant: Owner: Subject Property: The applicant is requesting a variance from the Unified Land Development Code (ULDC), Article II. Division 3. Land Use Tables and Conditions. B. Residential Categories, 2. Accessory Structures which limits the size of buildings other than primary structures, as the property owner wants to construct a garage approximately 1300 square feet in size. Silverio Razo Silverio Razo 401 Scarlett Street, Baytown, Harris County, Texas. Parcel Information: Zoning: Use: Mixed residential at low to medium densities (SF2) Single-family residential Surrounding Properties Information: North: West: East: South: Single-family residential (SF2). Mixed use (MU). Scarlett Street right-of-way. Single-family residential (SF2). Background: The purpose of the requested variance is to allow the property owner to construct a 1300 square feet garage. The subject property is approximately 9,000 square feet in a single family residential neighborhood. In the ULDC, the size or square footage of accessory buildings is limited unless the accessory structure is a barn. Accessory structures other than barns are limited to 75% of the square footage of the primary structure. In this applicant s case, the primary structure (house) is 480 square feet so he would only be permitted, by-right, to build an accessory structure 360 square feet in size. At 1300 square feet, the proposed garage would be more than 3 times (360%) larger than what could be permitted. The property is located in a mature neighborhood in the city west of Exxon. In order to approve an application for a variance, the Board of Adjustment shall make an
affirmative finding that the following criteria are met: 1. Ensures the same general level of land use compatibility as the otherwise applicable standards; The land use conditions are the same for all residential districts with regard to the maximum square footage allowed for accessory buildings. Enabling the applicant to build a large garage would be out of character with the surrounding area. However, there has been a recent request submitted to staff to review a zoning change for sections of the surrounding area to Light Industrial. The proposed rezoning does not have an immediate impact to the surrounding properties but speaks to the changing character of the neighborhood one or two streets to the east. 2. Is not a hardship of the applicant's own making; The applicant demolished the primary residential structure on the lot because it was in disrepair. This left the 480 square foot accessory dwelling unit which the owner has improved and now currently resides in this primary structure. There is no hardship that has not been created by the applicant directly. 3. Does not adversely affect adjacent land uses and the physical character of uses in the neighborhood in which the exception is sought because of inadequate buffering, screening, setbacks and other land use considerations; The previous home was 1320 square feet, allowing a garage to be built in its place would change the physical character of the residential lot. It basically flip flops the way a conventional neighborhood would be viewed making the residential use subordinate or secondary to the other structures on the property. 4. Does not adversely affect property values of adjacent properties in any material way and will improve the property value of the property for which the exception is sought; New development usually means that there would be an increase in adjacent property values and may encourage others in the area to improve upon their property. However, the proposed new development may have an adverse impact to property values since the intended use places more emphasis on storage and hobbies than it does for single family residential use. Most surrounding properties in the neighborhood are either vacant or owned by the adjacent industrial owner. 5. Furthers the goals and vision of the city as set forth in the comprehensive plan, the vision statement, and an applicable neighborhood plan or redevelopment plan adopted by the city council; The Vision Statement of the Baytown 2025 Comprehensive Plan (Comprehensive Plan), states in 3-2 CHAPTER 3 VISION AND GOALS, To be a community that has a positive image and appearance which is recognized and enjoyed by residents and by visitors alike. With the City Council adoption of the ULDC in 2013, an accessory structure is used to serve the primary function on the same premises; is subordinate in area, extent and purpose to the primary use or structure served; contributes to the comfort, convenience or necessity of occupants of the principal use or structure served; and is located on the same lot and in the same district as the primary use. If the variance were granted, the garage would not
be subordinate in area or use on the property, but would be the focal point of development. 6. Is generally consistent with the purposes and intent of this chapter; Section 1-1 states the purpose of the Unified Land Development Code is to promote the health, safety and general welfare by promoting safe, orderly and economical sustainable development. The development itself is disproportionate to the size of the existing primary structure which would inconsistent with the intent of the code. 7. Is needed as special circumstances exist that are peculiar to the land or structure that are not applicable to other land or structures in the same district and are not merely financial; The request is disproportionate to the size of the home. There are no special circumstances regarding this request. 8. Is necessary as literal interpretation and enforcement of the terms and provisions of the dimensional standards would deprive the applicant of rights commonly enjoyed by landowners in the same district and would cause an unnecessary and undue hardship; In this case, the literal interpretation would not permit the property owner to construct an accessory structure larger than 75% of the size of his primary residence (360 square feet). This size would not accommodate his trailers and other equipment. 9. Is the minimum action that will make possible the use of the land or structure which is not contrary to the public interest and which would carry out the spirit of this chapter and would result in substantial justice; The minimum action necessary to permit the applicant to construct an accessory structure would allow him to protect his vehicles and property from the environment, vandalism and theft. However, the applicant also wants to store tools and trailers used for his small business as an alternative of paying for storage in an appropriate zoning district. The commercial vehicles include a 14 foot dump trailer and 16 foot low boy. In order to protect the applicant assets, a smaller structure could be built in order to receive substantial justice. 10. Will bring the existing and proposed structure closer into compliance with this chapter or will otherwise improve or enhance public health, safety or welfare. The proposed structure will be compliant with the International Residential Code, however, if built will not bring this lot closer in compliance with the ULDC
BOARD OF ADJUSTMENT 2. b. Meeting Date: 11/13/2018 Consideration - Size of accessory structure Prepared for: Tiffany Foster, Planning and Development Services Prepared by: Nathan Dietrich, Planning and Development Services Information ITEM Consider a request for a variance from the size limitations of buildings other than primary structures of the Unified Land Development Code (ULDC), Article II. Division 3 "Land Use Tables and Conditions", Section 2.10 "Land Use Conditions", Subsection B "Residential Categories", Item 2 "Accessory Structures", for a structure to be located at 401 Scarlett Street, legally described as LT 38 BLK 1 of Wooster Terrace Extension, Harris County, Texas. PREFACE The purpose of the requested variance is to permit the property owner to build a garage, breezeway and carport totaling 1300 square feet. Currently, the primary residence on site is 480 square foot. The size of accessory structures is limited to 75% of the square footage of the primary residence. The applicant is proposing to build a structure that is 360% larger than what is currently allowed by the ordinance. It is the the applicants desire to store his trailers and equipment that he uses for his small electrical business in the garage to protect them from theft and have space for his wood working hobby. The application, supporting documents and staff report are attached to the previous agenda item. RECOMMENDATION This is the consideration item.
BOARD OF ADJUSTMENT 3. a. Meeting Date: 11/13/2018 Director's Report Prepared for: Tiffany Foster, Planning and Development Services Prepared by: Nai Mongiello, Planning and Development Services Information ITEM Present a report regarding action taken by City Council on planning and zoning items. PREFACE This will be a reoccurring item to provide a report to the Board of Adjustment on action taken by City Council regarding planning and zoning cases items. RECOMMENDATION