Loading...
2006-05-04 ZONING BOARD OF ADJUSTMENT MEETING AGENDA ITEM Regular Meeting of May 4, 2006 ZONING BOARD OF ADJUSTMENT AGENDA ITEM Variance Application No. 06-03 �1 3 7 E X A 5 ,, LOCATION/ADDRESS OF PROPERTY: 2211 C.R. 59 REQUESTED VARIANCE: Section 2.4.2.2(d) Unified Development Code — Height Restrictions for R-E, Single Family Estate District PROPERTY OWNER/APPLICANT: Matthew Plummer CURRENT ZONING DISTRICT: R-E, Single Family Estate District a LOCATION: The subject property is located on C.R. 59 west of S.H. 288. See the Location Map attached. SUMMARY: The applicant is requesting a variance to the height restriction for structures in the R-E, Single Family Estate District zone. According to Section 2.4.2.2(d) of the Unified Development Code, no building shall exceed thirty-five feet in height in the R-E zone. The property owners recently submitted a building permit application for a new residence 45 feet tall that the City denied because the house exceeded the maximum allowed. The applicant is therefore requesting a variance in order to construct the house at 45 feet in height. In the applicant's letter requesting a variance, the applicant states that the property was improperly zoned agricultural. Prior to the City Council's adoption of a new zoning map on February 27, 2006, the property was zoned Suburban Development (SD), which does not allow for the construction of single family residential. The adoption of the new zoning map rezoned all SD properties in accordance with the Comprehensive Land Use Map, and as a result, the applicant's property is now zoned R-E, which does permit single family homes. Prior to adoption of the map, the applicant had the option of applying for a zone change in order to construct a residence on the property. 06-03 Page 1 Regular Meeting of May 4, 2006 ZONING BOARD OF ADJUSTMENT AGENDA ITEM IMPACT ON SURROUNDING PROPERTIES: All surrounding properties are zoned single family residential and are also restricted to a 35-foot height maximum. VARIANCE CRITERIA FOR APPROVAL: In deciding the variance application, the Board shall apply the following criteria found in Section 2.2.5.2(d) of the Unified Development Code: 1. There are special circumstances or conditions arising from the physical surroundings, shape, topography or other feature affecting the land such that the strict application of the provisions of this Code to the proposed use would create an undue hardship or inequity upon or for the applicant, as distinguished from a mere inconvenience, in developing the land or deprive the applicant of the reasonable and beneficial use of the land; 2. The circumstances causing the hardship do not similarly affect all or most properties in the vicinity of the petitioner's land; 3. The variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner; 4. Granting the variance application will not be detrimental to the public health, safety or welfare, or injurious to other property within the area; 5. Granting the variance application will not have the effect of preventing the orderly use and enjoyment of other land within the area in accordance with the provisions of this Code, or adversely affect the rights of owners or residents of surrounding property; 6. The hardship or inequity suffered by petitioner is not caused wholly or in substantial part by the petitioner; 7. The request for a variance is not based exclusively on the applicant's desire for increased financial gain from the property, or to reduce an existing financial hardship; and 8. The degree of variance requested is the minimum amount necessary to meet the needs of applicant and to satisfy the standards in this section. The reason given for this variance request is that the city failed to make the applicants aware of the building height maximum when they made permit inquiries in November 2005 prior to drafting their house plans and applying for a permit. It should be noted that there was no applicable height maximum in effect for the property until February 06-03 Page 2 Regular Meeting of May 4, 2006 ZONING BOARD OF ADJUSTMENT AGENDA ITEM 27, 2006 when the property was rezoned to allow residential uses. In any case, the applicants' request does not meet the variance criteria for approval. There is no demonstrated need for this variance, as there are no special circumstances peculiar to this property that cause the applicants a hardship in complying with the zoning maximum of 35 feet in height. According to the legal description, the overall property contains 53 acres, with this section being 12 acres, providing ample room to build a large house if the applicants so desire. Because there are no special conditions associated with this property, granting this variance would confer a special privilege on these applicants that is denied to others that are similarly situated. PUBLIC NOTIFICATION AND PUBLIC COMMENTS: Property owner notices and public comment forms were mailed to property owners within 200 feet of the subject property under consideration. A legal notice of public hearing was published in the local newspaper, and a Variance Sign was placed on the subject property. ATTACHMENTS: 1 . Location Map 2. Variance Application 3. Proposed Site Plan 4. Notice of Public Hearing 06-03 Page 3 LOCATION MAP Variance Application No. 06-03 Address: 2211 C.R. 59 Applicant: Matthew Plummer Variance: Building Height ---4)--- l L II \- 1 I 131,4481---Southern Trails z I vratassq .17waw .ITall I oc......-•••-. .L._.._.._..1 .1 .I _I . ' HARRIS AVE iili PUO 11111 11111.1. GR MES AYE FR BEST ONE AVE NAD ISDN CT r� Ra_s'SouthGatem r//7 /-%' // i MEI URN ralrt 0 /;/// 1' Ary ct. ON in B OER1SC Ill "IP 414+41 RL `ARM R�C'L'N�� — he Y __ -CRS 1111 I 1 1111 01 I .- .l - 1 Southfork Ii I - i - _._ p... ¢ .v- Ib -�- 0. 520.8f1 0 02km >F City of Pearland CZONING BOARD OF ADJUSTMENT 3523 Liberty Drie(CommuuntyiCent�) Pearland, Texas 77581 VARIANCE APPLICATION281-652-1768 (Page 1 of Application) 281-652-1702 fax www.cityofpeadand.com Variance from Section No. : ..Q- `/ 2 . 2 (4) (list section number from the Land Use Ordinance that pertains to requested variance) Proposed Variance Request: 04:1404i. s1.e, therrt (general description of the variance;i.e.,side ya encroachment,appeal of interpretation) Address: 221 1 �de/ I *' TexutLstipal-5 . Property (if no address, identify location —}— 5(ii Information: Subdivision: ad- .)6 1 Lot: Block: **In order for a vanance to be considered, the property must be platted. Tax I.D. Number: [Completed Variance Application A Complete ['Fee of$250.00 Application ['Legal Description and/or Survey of the Property must include all of this Dite Plan or Plot Plan showing the requested variance information: 'Letter Explaining the variance in detail, including Description of Hardship (see Page 2) g---Other necessary information (maps, drawings, pictures, etc.) to explain the variance PROPERTY OWNER INFQ(tMATION (required): APPLICANT INFORMATION: NAME , ,4,4t"It"E NAME �'Cilf 2-- ADDRESS Zl a 1 a 1t QC4 ADDR SS 1-1c:21 -Jkod 20 CITY l STATE TN T TE ZIP� �2' CITY 1 STATE ZIP licest PHONE( 19) )-757 - 1454.70 PHONE(1V )1 1' 1M 13 FAX( 111) ) * ---/5-) . ���, FAX( ?1b ) 107• 93ccb E-MAIL ADDRESS E-MAIL ADDRESS PETITION: Aso - agent, I hereby petiti• the City of Pearland for approval of the above described request as provi• the I- • - •f.he Stat- of Texas and ordinances of the City of Pearland. SO Owner's Signatu - 4 ./ .......M........._ Date: I 0 �'D`° _ Agents Signature: .- Date: I '�'t2 00‘,0� OFFICE USE ONLY: FEES DATE RECEIV APPLICATION PAID: _G oL PAID: fit' /U(4- BY: ').i-1j"Z NUMBER: a� -03 41 12-0104_ ✓ Page 108 of 2006 C Oentiaty(V)tg-ezva& Matthew W. Plummer, Jr., D.M.D. Daphne L. Brooks-Reed, D.M.D. I April 10,2006 City of Pearland 3519 Liberty Drive Pearland, Texas 77581-5416 RE: Permit#05-718, 2211 County Road 59, Plummer Residence Dear Sir or Madam: This correspondence is written in response to the City of Pearland's rejection of the issuance of a residential permit for a new home construction located on County Road 59 about 1 Mile West of Highway 288, Brazoria County, Texas. Per our design plans,the City of Pearland's Permits Department pointed out that the overall height of the structure is 10'-0"higher than the City's code maximum requirements. The proposed structure is presently at 45'-0" instead of 35'-0". rAfter contacting the Permits Department in regards to the City's requirements for new residential construction design, our plans were then drafted and submitted per the City's "Permit Information for New Residential Construction" documents faxed to us on November 10, 2005. We followed all such information provided to us. There was no mention of the 35'-0" maximum height limit in such documents provided by your knowledgeable staff. Moreover, when we first submitted the plans,the City advised us that the City's initial use zone was improperly classified as agriculture and such was reclassified as single-family use. This took the City an additional three (3) months before we were informed of the height issue. We feel that our plans should have been approved based on the fact that we complied with specifications provided to us by the City. Please find enclosed the $250.00 variance fee as required by the City of Pearland. If you should have any questions, please feel free to contact us directly at 713.757.0033 or contact The RPM Design Group at 281.524.9524. cerely Yours, W / lib 0/"` M tthew W. Plummer, Jr. 2101 Crawford, Suite 204 • Houston, Texas 77002 • (713) 757-1948 -4114) '411111/ HE RPM i t_ • DESIGN GROUP N 6?56'02-E 2200.00' Ma.Tar TT. P.m IIILMAIMI 1261'-94" �. tea; �Lt a 803' 8 — - -,..t • s I • i JJ . • e o • _�. m 1\ IW _ to i�-� EXIST' POND j N � o 0j / ____ ----_} o EXISTING POND 1 S 89 .56' 00" W 880.00' 1 / / I SITE NOTES: 1. CONTRACTOR TO VISIT SITE AND VERIFY ALL SITE CONDITIONS. g IW4I 1 a LEGAL DESCRIPTION b SURVEY MAP SHOWING 53.333 ACRES OF A TRACT OF LAND MI�I jAS SHOWN ON A MAP OF A SUBDIVISION OF SECTION BD. J.S. �1 m TALM ABSTRACT564, BRAZORIA COUNTY, TEXAS. RECORDED I e. IN VOLUME 2 PAGE 98,PLAT B. PLUMMER - - _.--- _ — — — _ _ RESIDENCE r� - COUNTRY ROAD #59 SITE PLAN www wI& "`� SP0.05 N OCT 04 Al SITE PLAN M•.r_p CITY OF PEARLAND 3523 Liberty Drive (Community Center), Pearland, Texas 77581 281-652-1768 FAX 281-652-1702 www.ci.pearland.tx.us C4-12' VARIANCE APPLICATION NO. 06-03 CD, NOTICE OF A PUBLIC HEARING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF PEARLAND, TEXAS, REGARDING: el 1 .1111 A request by Matthew Plummer, owner, for a variance from the requirements of Section 2.4.2.2(d) Height Restrictions in the R-E Single- Family Estate District of the Unified Development Code of said City, on the E3following described property, to wit: 53.333 acres of a tract of land as shown on a map of a subdivision Lb of section BD. J.S. Talm, Abstract 564, Brazoria County, Texas, recorded in Vol 2, Page 98, Plat B (Located at 2211 C.R. 59). CO PUBLIC HEARING WILL BE HELD IN THE COUNCIL CHAMBER OF CITY HALL RLOCATED AT 3519 Liberty Drive, Pearland, Texas on Ciii THURSDAY, MAY 4, 2006, AT 6:00 P.M. An application and map are enclosed for your information. This notice has been sent to all owners of real property within 200 feet of the request, as such ownership appears on the last approved city tax roll, in accordance with notification guidelines established by City Ordinance. CD At said hearing, all interested parties shall have the right and opportunity to appear and be heard on the subject. If you are unable to attend, but wish to have your opinions made a part of the public record, please complete the enclosed form and return it prior to the public hearing. 0 If you have any questions or need additional information please contact the City of Pearland Planning Department at (281) 652-1768 or dducroz anci.pearland.tx.us.