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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
Page 1 of 51
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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.
Page 2 of 51
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AGENDAS MAY ALSO BE VIEWED ONLINE AT www.ci.tomball.tx.us.
Page 3 of 51
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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
Page 1 of 1Page 4 of 51
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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
Page 1 of 1Page 5 of 51
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Special Board of AdjustmentsAgenda Item Meeting Date: August 19,
2010Data Sheet
Topic:Approval of the Minutes of Special Board of Adjustments
Meeting of June 17, 2010. 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
ATTACHMENTS:
BOA Minutes 06.17.10
Page 1 of 3Page 6 of 51
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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
Page 1 of 2Page 2 of 3Page 7 of 51
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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
Page 2 of 2Page 3 of 3Page 8 of 51
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Special Board of AdjustmentsAgenda Item Meeting Date: August 19,
2010Data Sheet
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
APPROVAL YES NOgfedc gfedc
READINGS PASSED 1ST 2NDgfedc gfedc
OTHER
ATTACHMENTS:
Notice of Public HearingProperty Owner Notification
LetterP10-259 Staff Report
Page 1 of 22Page 9 of 51
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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
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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.
Page 2 of 2Page 3 of 22Page 11 of 51
http://www.ci.tomball.tx.us/
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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
Page 1 of 1Page 4 of 22Page 12 of 51
mailto:[email protected]
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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
Page 1 of 18 Page 1 of 18Page 5 of 22
Page 13 of 51
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Page 2 of 18
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.”
Page 2 of 18Page 6 of 22Page 14 of 51
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Page 3 of 18
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
Page 3 of 18Page 7 of 22Page 15 of 51
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Page 4 of 18
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.
Page 4 of 18Page 8 of 22Page 16 of 51
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Exhibit “A” Location/Zoning Map
Page 5 of 18 Page 5 of 18Page 9 of 22
Page 17 of 51
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Exhibit “B” Aerial Photo
Page 6 of 18 Page 6 of 18Page 10 of 22
Page 18 of 51
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Exhibit “C”
Comprehensive Plan Map
Page 7 of 18 Page 7 of 18Page 11 of 22
Page 19 of 51
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Exhibit “D”
Special Exception Application
Page 8 of 18
Page 8 of 18Page 12 of 22Page 20 of 51
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Page 9 of 18 Page 9 of 18Page 13 of 22
Page 21 of 51
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Page 10 of 18Page 10 of 18Page 14 of 22
Page 22 of 51
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Exhibit “E”
Special Exception Request Letter
Page 11 of 18Page 11 of 18Page 15 of 22
Page 23 of 51
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Exhibit “F”
Site Plan
Page 12 of 18Page 12 of 18Page 16 of 22
Page 24 of 51
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Exhibit “G”
Vested Rights Letter
Page 13 of 18Page 13 of 18Page 17 of 22
Page 25 of 51
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Page 14 of 18Page 14 of 18Page 18 of 22
Page 26 of 51
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Exhibit “H” Site Photos
Page 15 of 18
Figure 1: 623 South Chestnut St.
Figure 2: 711 South Chestnut St.
Page 15 of 18Page 19 of 22Page 27 of 51
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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.
Page 16 of 18Page 16 of 18Page 20 of 22
Page 28 of 51
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Page 17 of 18
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.
Page 17 of 18Page 21 of 22Page 29 of 51
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Figure 7: Northwesterly view up S. Chestnut St. Subject
properties on right. Undeveloped land on left and to the north of
subject properties
Page 18 of 18Page 18 of 18Page 22 of 22
Page 30 of 51
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Special Board of AdjustmentsAgenda Item Meeting Date: August 19,
2010Data Sheet
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
APPROVAL YES NOgfedc gfedc
READINGS PASSED 1ST 2NDgfedc gfedc
OTHER
ATTACHMENTS:
Notice of Public HearingProperty Owner Notification
LetterP10-260 Staff Report
Page 1 of 21Page 31 of 51
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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
Page 1 of 2Page 2 of 21Page 32 of 51
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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.
Page 2 of 2Page 3 of 21Page 33 of 51
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.
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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
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mailto:[email protected]
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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.
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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.
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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