AGENDA
ZONING BOARD OF ADJUSTMENT
REGULAR MEETING
4:00 p.m. Wednesday,
 September 2, 2020

City Council Chambers, 2nd Floor of City Hall
823 Rosenberg, Galveston, Texas

In order to advance the public health goal of limiting face-to-face meetings (also called “social distancing”) to slow the spread of the Coronavirus (COVID-19), the meeting will be held by videoconference and there will be no public access to the location described above. 

Public Comment can be submitted on-line: https://forms.galvestontx.gov/Forms/PublicComment or by calling 409-797-3665.

1.

Call Meeting to Order

2.

Attendance

3.

Conflict of Interest

4.

Approval of Minutes: August 5, 2020

5.

Meeting Format (Staff)

6.

Public Comment

Members of the public may submit a public comment using the web link below. All comments submitted prior to the meeting will be provided to the Planning Commission.

https://forms.galvestontx.gov/Forms/PublicComment

  1. Agenda Items
  2. Non-Agenda Items
7.

New Business and Associated Public Hearings

A.

20Z-012 (2302 Wimcrest) Request for a variance from the Galveston Land Development Regulations, Article 3, District Yard, Lot and Setback Addendum, for the Residential, Single-Family (R-1) zoning district, to reduce the front yard setback. Property is legally described as Lot 44, Wimcrest Addition, in the City and County of Galveston, Texas. Applicant: Joshua Winkelmann Property Owner: Felicia Benavides

Documents:
  1. 20Z-012 PKT.pdf
8.

Discussion Items

9.

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 August 28, 2020 at 10:00 A.M.

Prepared by: Karen White Signature Karen White, Planning Technician

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

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.
  2. Due to said special conditions, the enforcement of the strict terms of these regulations would impose an unnecessary hardship on the applicant.
  3. 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.
    2. 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.
  4. The degree of variance allowed from these regulations is the least that is necessary to grant relief from the identified unnecessary hardship.
  5. 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).
  6. 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.