AGENDA
ZONING BOARD OF ADJUSTMENT
REGULAR MEETING
4:00 P.M., Wednesday, April 3, 2019
City Council Chambers, 2nd Floor of City Hall
823 Rosenberg, Galveston, Texas
1.

Call Meeting to Order

2.

Attendance

3.

Conflict of Interest

4.

Approval of Minutes: February 6, 2019

5.

Request to address Commission on Agenda Items and Non-Agenda Items (three minutes maximum per speaker)

6.

New Business and Associated Public Hearings

A.

19Z-003 Request for variances from the Galveston Land Development Regulations, Article 10.300 Height and Density Development Zone regarding Wall Plane Articulation and percent at build to line, in a Commercial, Height and Density Development Zone, Zone-5 (C-HDDZ-5). Property is legally described as Lot 3, Galveston Island Cinema Subdivision Replat, in the City and County of Galveston. Applicant: Brax Easterwood AIA Property Owner: Prida Construction LTD.

Documents:
  1. 19Z-003 STF PKT.pdf
7.

Discussion Items

8.

Adjournment

I certify that the above Notice of Meeting was posted in a place convenient to the public in compliance with Chapter 551 of the Texas Government Code on March 29, 2019 at 2:30 P.M.

Prepared by: Karen White Signature Karen White, Planning Technician

SEC. 13.401.B VARIANCES FROM DEVELOPMENT STANDARDS

Approval Standards. The Board of Adjustment may grant a variance under this Section only if the variance is not prohibited by Section 12.401.C, and if the Zoning Board of Adjustment makes a determination in writing that all of the following are demonstrated:

  1. The request for the variance is rooted in special conditions of the applicant's property that do not generally exist on   other properties in the same zoning district.

  1. Due to said special conditions, the enforcement of the strict terms of these regulations would impose an unnecessary hardship on the applicant.

  1. The variance is not contrary to the public interest, in that:

  1. It does not allow applicants to impair the application of these regulations for:
    1. Self-imposed hardships;
    2. Hardships based solely on financial considerations, convenience, or inconvenience; or
    3. Conditions that are alleged to be "special" but that are actually common to many properties within the same zoning district.

  1. The variance will not have a detrimental impact upon:
    1. The current or future use of adjacent properties for purposes for which they are zoned;
    2. Public infrastructure or services; and
    3. Public health, safety, morals, and general welfare of the community.

  1. The degree of variance allowed from these regulations is the least that is necessary to grant relief from the identified unnecessary hardship.

  1. The variance shall not be used to circumvent other procedures and standards of these regulations that could be used for the same or comparable effect (e.g., if alternative development patterns, alternative development standards, or other flexible measures in these regulations are available that would avoid or mitigate hardship without using a variance, then they must be used).

  1. By granting the variance, the spirit of these regulations is observed and substantial justice is done.

APPEAL FROM DECISION OF BOARD

In accordance with Section 13-901 (I) of the Land Development Regulations, Should the applicant or City be aggrieved by or dissatisfied with the decision of the Zoning Board of Adjustment, the applicant or City may pursue all legal remedies to appeal the decision to a court of competent jurisdiction pursuant to Texas Local Government Code, Chapter 211.

IN ACCORDANCE WITH THE PROVISIONS OF THE AMERICANS WITH DISABILITIES ACT (ADA), PERSONS IN NEED OF A SPECIAL ACCOMMODATION TO PARTICIPATE IN THIS PROCEEDING SHALL, WITHIN THREE (3) DAYS PRIOR TO ANY PROCEEDING, CONTACT THE CITY SECRETARY'S OFFICE, SUITE 201, 823 ROSENBERG, GALVESTON, TEXAS 77550 (409-797-3510).

MEMBERS OF CITY COUNCIL MAY BE ATTENDING AND PARTICIPATING IN THIS MEETING.