* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:02] I THINK IT'S ON. OKAY. IT'S ON. ALL RIGHT. [1. Call to order and roll call of members] SIX O'CLOCK. WELCOME TO THE, UH, CITY OF LEAGUE, CITY ZONING, BOARD OF ADJUSTMENTS, BUILDING AND STANDARDS COMMISSION MEETING FOR, UH, THURSDAY, OCTOBER 5TH, 2023. UH, FIRST ITEM O ON THE AGENDA IS A CALL TO ORDER ROLL CALL. SO WE'LL GO DOWN THE LIST AND JUST, UH, SAY PRESENT. ARE HERE. UM, KATHLEEN MEMOIR HERE. TIM GAN CURRY HERE. I'M MICHAEL HENDERSHOT. I'M HERE. RUSSELL MILLER. HERE. UH, DAVE PERSON HERE. ROBERT KLEIN. HERE. WE'RE GONNA ACTIVATE BOTH, UH, MR. PERSON AND MR. KLEIN TODAY. OKAY. UH, ITEM TWO [2. Approval of September 7, 2023, minutes] IS THE APPROVAL OF THE SEPTEMBER 7TH, 2023 MINUTES. EVERYBODY HAVE A CHANCE TO REVIEW THOSE? AND DO WE HAVE A MOTION TO APPROVE THEM? A MOTION TO APPROVE? I'LL SECOND. OKAY. ALL RIGHT. ALL THOSE IN FAVOR OF APPROVING THE MINUTES, AS IS SIGNIFY BY SAYING AYE. AYE. A. ALL THOSE OPPOSED? OKAY. MOTION PASSES UNANIMOUSLY. MR. CHAIRMAN, IF I MAY REQUEST, IF Y'ALL COULD SPEAK INTO THE MIC MM-HMM. , BECAUSE SOME OF THE MEMBERS OF THE AUDIENCE ARE HAVING DIFFICULTY HEARING. OKAY. AND ALSO, IF YOU'RE NOT CLOSE UP TO THE MICS, WE HAVE, THE AUDIO IS HARD TO GET RECORDED. YOU HAVE ALMOST EAT IT. YEAH. JUST LIKE THIS . OKAY. UM, ITEM THREE, CITIZENS COMMUNICATION. UH, MEMBERS OF THE PUBLIC ARE INVITED TO GIVE COMMENTS AT THIS TIME, LASTING NOT LONGER THAN THREE MINUTES. SO DO WE HAVE ANY MEMBERS OF THE PUBLIC WHO WOULD LIKE TO SPEAK? SEEING NONE, WE'LL MOVE ON TO ITEM FOUR, PUBLIC [4.A. Hold a public hearing and take action on a Zoning Board of Adjustments Application, VA-23-0003, 2422 Fairway Pointe Dr., a variance request to allow an existing house to remain within the 10-foot-wide streetside setback along Fairway Pointe Drive, legally described as Lot 14, Block 1 of the Amending plat of South Shore Harbour, Section 15 Subdivision, generally located along the north side of Fairway Point Dr., west of South Shore Boulevard with the address of 2422 Fairway Pointe Drive.] HEARING AND ACTION ITEMS. HOLD A PUBLIC HEARING AND TAKE ACTION ON A ZONING BOARD OF ADJUSTMENTS APPLICATION VA DASH 23 DASH 0 0 0 3 24 22. FAIRWAY POINT DRIVE, A VARIANCE REQUEST TO ALLOW AN EXISTING HOUSE TO REMAIN WITHIN THE 10 FOOT WIDE STREET SIDE SETBACK ALONG FAIRWAY POINT DRIVE, LEGALLY DESCRIBED AS LOT 14 BLOCK BLOCK, ONE OF THE AMENDING PLATT OF SOUTH SHORE HARBOR SECTION 15 SUBDIVISION. GENERALLY LOCATED ALONG THE NORTH SIDE OF FAIRWAY POINT DRIVE WEST OF SOUTH SHORE BOULEVARD WITH THE ADDRESS OF 24 22 FAIRWAY POINT DRIVE STAFF. I'M VINCE TED CITY STAFF. UH, BASICALLY, UH, THIS ITEM IS TO, UH, IS A REQUEST FOR A VARIANCE FROM A, UH, SIDE YARD SETBACK ON A, UH, CORNER LOT. UH, THESE, UH, TWO, THIS SLIDE HERE SHOWS THE, UH, ZONING MAP AND ALSO, UH, AREA PHOTOGRAPH OF THE SUBJECT PROPERTY. UH, IT'S A HOUSE THAT'S, UH, LOCATED ON THE, UH, CORNER OF A STREET AND A, UH, SMALL, UH, CUL-DE-SAC IN THE NEIGHBORHOOD. UH, AS A MATTER OF HISTORY, UH, THE PLATT FOR THE PROPERTY, UH, SOUTH SHORE HARBOR, SECTION 15, UH, WAS RECORDED WITH, UH, GALVESTON COUNTY IN, UH, NINE AUGUST OF 1995. AND THEN IN MARCH OF 1996, THERE WAS A HOUSE THAT WAS, UH, UH, BUILT AND, UH, SOLD TO THE, UH, ORIGINAL HOMEOWNER. AND THERE WAS A, UH, SIGNED AND SEALED, UH, SURVEYOR PROVIDED BY A, UH, A, UH, REGISTERED PROFESSIONAL LAND SAYER, LAND SURVEYOR, UH, LICENSE WITH THE STATE OF TEXAS. UH, IN, UH, APRIL OF, UH, 2009, THE CURRENT OWNERS, UH, BOUGHT THE PROPERTY. AND THEN IN, UH, JULY, 2023, AS PART OF A FUTURE SALE OF THE PROPERTY, THE, UH, OWNERS, UM, UH, RECEIVED A, UH, ANOTHER SURVEY OF THE PROPERTY THAT WAS ALSO PERFORMED BY A DIFFERENT, UH, SURVEYOR THAT IS ALSO A REGISTERED PUBLIC LAND SURVEYOR, UH, WITH THE STATE OF TEXAS. UH, THE APPLICANT, UH, CONTACTED THE PLANNING DEPARTMENT. UH, THEY, UH, UH, DISCOVERED A DISCREPANCY BETWEEN THE, UH, TWO SURVEYS. AND SO THE, UH, APPLICANT, UH, PRO, UH, APPLIED FOR THE, UH, VARIANCE THAT THEY ARE REQUESTING THIS EVENING. UH, THIS NEXT SLIDE, UH, IT'S, UH, SHOWS A, UH, BLOW UP OF THE, UH, THE, UH, VIEW OF THE, UH, APPLICANT'S PROPERTY, UH, IN RELATION TO THE, UH, PLATT WITHIN THE SUBDIVISION. UH, THIS NEXT SLIDE, UH, THE 1996, UH, SURVEY IS THE ORIGINAL, UH, SURVEY THAT WAS PROVIDED TO THE ORIGINAL HOMEOWNERS, UH, BACK IN 1996. AND THEN THE SURVEY ON THE RIDE IS THE, UH, 2023, UH, SURVEY, UH, THAT, UH, CURRENT OWNER HOMEOWNERS, UH, RECEIVED. [00:05:01] UH, THIS NEXT SLIDE, UH, ZOOMS IN A LITTLE BIT MORE ON THE SURVEY. AND, UM, INITIALLY, UH, THEY LOOK PRETTY MUCH THE SAME UNTIL YOU GET TO THIS NEXT SLIDE, WHICH SHOWS THE, UH, YELLOW AREA. UH, THAT YELLOW AREA IS A, UH, 10 FOOT, UH, BUILDING SETBACK LINE, UH, ESTABLISHED BY THE, UH, ZONING ORDINANCE. UH, WHEN THE HOUSE WAS ORIGINALLY BUILT, UH, IT WAS BELIEVED THAT THE HOUSE WAS ENTIRELY WITHIN THE, UH, SETBACK LINES OF THE ZONING ORDINANCE. BUT THE, UH, UH, NEW SURVEY SHOWS THAT THE HOUSE IS BUILT, UH, 10 FEET INTO THE, UH, OR IT'S BUILT INTO THE, UH, THE SIDE YARD, THE BUILDING SETBACK. UH, THIS IS A PICTURE OF THE FRONT OF THE HOUSE. UH, THIS NEXT PICTURE, UH, SHOWS THE, UH, SAW YARD OF THE HOUSE. UM, THIS, UH, SIDE YARD. UH, WHEN I FIRST WENT TO THE NEIGHBORHOOD, I, I WAS WORRIED THAT I WOULD, UH, MISS SEEING THE HOUSE, UH, BECAUSE A LOT OF HOUSES IN THE SUBDIVISION DO LOOK SIMILAR, BUT I WAS ABLE TO, UH, FIND A HOUSE FAIRLY EASY BECAUSE OF THE, UH, THE, UH, THE SMALL, UH, SIDE YARD WITH THE HOUSE BEING BUILT INTO THE SIDE YARD SETBACK. AND THAT'S WITHOUT ME DOING A SURVEY. AND BECAUSE I'M NOT A, UH, REGISTERED SURVEYOR, UH, THIS, UH, UH, PHOTOGRAPH HERE SHOWS THE, UH, THE BACK OF THE HOUSE, WHICH, UH, SHOWS THE, UH, THE SMALL SIDE YARD. UH, GENERALLY, UH, THE, UH, SIDE YARD SETBACKS ARE GENERALLY INTENDED TO KEEP THE, UH, HOUSE, UH, BASICALLY, UH, MORE OR LESS IN LINE WITH THE HOUSES THAT ARE, UH, IN THE NEIGHBORHOOD, UH, FRONTING THE STREET. AND SO THE, UH, SIDE YARD ON THE SIDE THAT'S, UH, NEXT TO THE STREET'S, USUALLY LARGER THAN THE SIDE YARD THAT'S, UH, NEXT TO A NEIGHBORING PROPERTY. UH, STAFF'S FINDINGS, UH, THE HOUSE WAS BUILT IN INCORRECT LOCATION. A, UH, SURVEY WAS OF THE PROPERTY WAS PERFORMED SHORTLY BEFORE THE HOUSE WAS SOLD TO THE FIRST OWNER, WHICH INCORRECTLY, UH, SHOWED THE HOUSE IN CONFORMANCE WITH THE SETBACKS. UH, A NEW SURVEY IN 2023 WAS, UH, PERFORMED, UH, CORRECTLY IDENTIFYING THE HOUSE, UH, ENCROACHING ON THE SETBACKS. UH, BOTH THE SURVEYS WERE PERFORMED BY LICENSE, UH, REGISTERED PUBLIC LAND SURVEYORS. UH, THE HOUSE HAS EXISTED FOR 27 YEARS AT ITS CURRENT LOCATION. UH, STAFF ANALYZED THE, UH, THE REQUEST. UM, THE APPLICANT IS NOT INTENDING TO DO ANYTHING TO CHANGE THE PROPERTY OR, UH, ADD TO THE HOUSE OR MAKE ANY ALTERATIONS. THEY JUST WANT TO BE ABLE TO, TO SELL A HOUSE AND PROVIDE A DOCUMENTATION TO THE TITLE COMPANY, UH, THAT EVEN THOUGH THE HOUSE IS BUILT, UH, INSIDE THE SETBACK, THAT THE, UH, CITY HAS, UH, UH, REVIEWED THE ISSUE. AND, UM, THE ENCROACHMENT WAS, UH, CREATED 13 YEARS, UH, BEFORE THE CURRENT OWNERS TOOK OWNERSHIP OF THE PROPERTY. SO THEY DIDN'T, DID NOT BUILD A HOUSE IN THE LOCATION THAT IT'S AT. BUT, UH, STAFF DOES RECOMMEND APPROVAL TO GRANT A VARIANCE FOR THE HOUSE TO REMAIN IN ITS EXISTING LOCATION AND CONFIGURATION. AND THAT CONCLUDES MY PRESENTATION. THANK YOU. OH, THE, UH, APPLICANTS ARE PRESENT IN THE AUDIENCE. DID THE APPLICANT SWORN TO COME UP AND SPEAK TO THE, SPEAK TO THE ISSUE? YOU DON'T HAVE TO. I MEAN, , IF YOU WANT TO. GOOD EVENING. I'M THERESA HARPER, MY HUSBAND JOHN HARPER ON THE END. AND THIS IS MIKE STANLEY. MIKE STANLEY IS, UM, GOING TO PURCHASE OUR HOUSE FROM US, AND WE CAME ACROSS THIS MISTAKE, FAUX PA WHATEVER, AND WE'D APPRECIATE THE CONSIDERATION Y'ALL GIVE TO THIS ITEM. WE'VE BEEN WORKING WITH THE STAFF AND THE GREAT PRESENTATION TONIGHT. THANK YOU. THANK YOU. OKAY. UH, I DON'T THINK WE'VE GOT ANYBODY ELSE COMING UP. DID ANYBODY HAVE ANY QUESTIONS RIGHT OFF FOR, UH, STAFF? NOPE. OKAY. UH, AT THIS TIME, WE'LL OPEN THE PUBLIC HEARING AT 6 0 9. IF THERE'S ANY MEMBERS OF THE PUBLIC THAT WOULD LIKE TO COME UP AND ADDRESS THE ISSUE, SEEING NONE, WE WILL CLOSE THE PUBLIC HEARING AT 6 0 9. ALL RIGHT. I DID HAVE ONE QUESTION TO THE STAFF REAL QUICK. UM, AS FAR AS VARIANCE, [00:10:01] UM, MY ASSUMPTION IS THAT THE VARIANCE, IF, IF THERE WAS A VARIANCE TO, UH, ALLOW THE HOUSE TO STAY IN ITS CURRENT LOCATION, THAT THAT WOULD THEN NOT APPLY TO FUTURE IMPROVEMENTS WITHIN THE RIGHT OF WAY OR ANYTHING LIKE THAT, CORRECT? RIGHT. IT WOULD JUST APPLY TO THE HOUSE IT IS AS IT IS NOW. OKAY. I JUST WANTED TO CLARIFY THAT. OKAY. UM, WE WILL NEED A MOTION TO, UH, APPROVE A VARIANCE TO, I THINK MAYBE WE USE THAT LANGUAGE. WE APPROVE A VARIANCE FOR THE HOUSE TO REMAIN IN ITS CURRENT LOCA, ITS EXISTING LOCATION. I SO MOVE. OKAY. I SECOND IT. MR. KLEIN, NO PERSON. MM-HMM. CLAIM'S ON THE OTHER. OKAY. ALL RIGHT. ALL THOSE IN FAVOR OF GRANTING OR APPROVING THE VARIANCE? AYE. AYE, AYE. AYE. ALL THOSE OPPOSED? MOTION PASSES UNANIMOUSLY. OKAY. ITEM [5. Staff Comments ] NUMBER FIVE ON THE AGENDA IS STAFF COMMENTS. GOOD EVENING. MEMBERS OF THE BOARD. JUST A REMINDER, A FEW WEEKS AGO, STAFF SENT OUT SOME EMAILS FOR THOSE WHO HAVE, UH, YOUR POSITIONS ARE COMING UP FOR EXPIRATION AT THE END OF THE YEAR. SO JUST WANTED A REMINDER. IF YOU HAVE ANY QUESTIONS, UM, PLEASE CONTACT STAFF, OR CONTACT THE CITY SECRETARY'S OFFICE. THANK YOU. THANK YOU. UM, LAST ITEM ON THE AGENDA IS ADJOURNMENT. THE MEETING IS ADJOURNED AT SIX 11. . * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.