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Zoning Board of Adjustments

Regular Session Agenda

January 8, 2009

6:00 PM

League City Council Chambers

200 West Walker Street

 

 

 

 

 

 

 

I.                     Call to order and Roll call of members

II.            Approval of Minutes

A.      December 4, 2008

III.                 The Swearing in of Witnesses

IV.                Public Hearings 

A.      Conduct a public hearing and take action on ZBA08-55 (Coffee Bistro), a variance request to waive the parking requirements (Schedule 125-170.D) for a limited service eating and drinking establishment on approximately 0.474 acres zoned “CN” (Neighborhood Commercial), legally described as Tract 2, Restricted Reserve A of the Meadow Bend, Section 2 Subdivision, generally located south of Farm to Market Road 518 and west of Meadow Parkway, with the approximate address being 109 Meadow Parkway, Suite B.

V.                  Other Business

A.      Recognition for Mr. Joseph Tannos’s 7 years of service on the Zoning Board of Adjustments.

VI.                Adjournment

 

 

CERTIFICATE

THIS IS TO CERTIFY THAT THE ABOVE NOTICE OF MEETING WAS POSTED ON THE BULLETIN BOARD AT CITY HALL OF THE CITY OF LEAGUE CITY, TEXAS, THIS THE 5th  DAY OF JANUARY, 2009 BY 6 PM, AND WAS POSTED IN ACCORDANCE WITH CHAPTER 551, LOCAL GOVERNMENT CODE (THE TEXAS OPEN MEETINGS ACT).  ITEMS POSTED IN THE OPEN SESSION PORTIONS OF THIS AGENDA MAY ALSO BE DISCUSSED IN CLOSED OR EXECUTIVE SESSION IN ACCORDANCE WITH THE PROVISIONS OF THE TEXAS OPEN MEETINGS ACT.

 

 

 

__________________________________________

LaSHONDRA HOLMES, AICP

PLANNING MANAGER

 

MINUTES

CITY OF LEAGUE CITY

ZONING BOARD OF ADJUSTMENTS

REGULAR SESSION

THURSDAY JANUARY 08, 2009 at 6:00 P.M.

COUNCIL CHAMBERS

200 WEST WALKER

******************************************************************

Call to order and Roll call of members

 

Mr. Christiansen called the meeting to order at 6:04 p.m.

 

 

Members present:                                                          Members absent:

James R. Christiansen, Chair                                          Ian Evans

Hobart Q. Sibley

Joseph Tannos

G. Wesley Wray

Fred Switzer

 

City Representatives:

Mark Linenschmidt, Senior Planner

Rodney Glasper, Planner

Susan Wologo, Recording Secretary

 

Approval of Minutes

 

A.       December 04, 2008

 

Mr. Sibley made a motion to approve the December 04, 2008 minutes as written.

 

Mr. Wray seconded the motion.

 

No discussion.

 

The motion passed with a vote of 4-0-1 with Mr. Switzer Abstaining.

 

Swearing in of Witnesses

 

Mr. Christiansen swore in the witnesses, stating this is a quasi-judicial board, which is being recorded and therefore anybody that speaks should be aware it is considered testimony.  Any appeal of the decision by the Board of Adjustment must be filed with the Court of Competent Jurisdiction within 10 days of the date of the decision rendered by this board. 

 

 

Public Hearing

 

A.  Conduct a public hearing and take action on ZBA08-55 (Coffee Bistro), a variance request to waive the parking requirements (Schedule 125-170.D) for a limited service eating and drinking establishment on approximately 0.474 acres zoned “CN” (Neighborhood Commercial), legally described as Tract 2, Restricted Reserve A of the Meadow Bend, Section 2 Subdivision, generally located south of Farm to Market Road 518 and west of Meadow Parkway, with the approximate address being 109 Meadow Parkway, Suite B.

Mr. Glasper restated the staff report with considerations for the Board.

 

Mr. Sibley inquired as to how many parking spaces the City Ordinance required at the time the strip center was constructed.

 

Mr. Linenschmidt referred to condition #7 in the staff report which states that the old ordinance, under which the property was developed, required 1 space per 125 square feet.

 

Mr. Switzer inquired about the parking for Swanola’s Tea Room which occupied the lease space previously.

 

Mr. Linenschmidt advised he did not have the details pertaining to the previous business but would look into it and report back to the Board. 

 

Mr. Glasper reiterated that the tenant is usually unaware of the parking requirements until they apply for the Operations Permit. 

 

Mr. Wray asked if there was an existing agreement between tenants in terms of sharing the 19 parking spaces.

 

Mr. Linenschmidt advised that the Zoning Ordinance does address it and it usually requires an application that goes through the special use process.

 

Mr. Christiansen inquired as to whether the variance would be for the specific location or for the applicant to utilize the space.

 

Mr. Linenschmidt clarified that if the variance is granted it will be for this specific business in this specific location.

 

Mr. Christiansen opened the public portion of the hearing at 6:18 p.m.

 

Angella Barton with First Houston Realty came forward and stated that the Coffee Bistro’s peak hours of operation would be between 5:00 a.m. and 10:00 a.m. and that the other businesses in the shopping center do not open until 10:00 a.m.  Ms. Barton explained that a variance would still be required for a retail business since four spaces are required for each business.  Ms. Barton further stated that because of the Coffee Bistro’s peak hours of operation, she believes it is the most conducive business for this particular location in the shopping center.

 

Mr. Switzer asked if the area on the side of the building could be utilized for parking.

 

Ms. Barton advised that the right of way along the side of the building belongs to Mr. Steve Bridges of State Farm.

 

Jeff Sauerwein, Owner of the Coffee Bistro, came forward and added that his customers will probably spend a minimal amount time in the parking lot since the majority of his business will be take out.  He further added that since he only lives two blocks away himself, he does not intend on using a parking space but plans to walk to work instead.

 

Jerome Feldt, 2822 Meadow Brook Court, came forward with concerns regarding the lack of handicap parking, the increase of traffic during the weekend, and safety being his primary concern; specifically of children waiting for the bus.

 

Mr. Sibley brought up the possibility of closing the open area between the shopping center and the adjacent Valero store to reduce cut through traffic as well as create additional parking.

 

Mr. Linenschmidt responded stating that the applicant and staff discussed various options in a feasibility review, including the possibility of adding parking through a site plan revision and requesting a variance.  Mr. Linenschmidt further stated that ultimately this would be the applicant’s decision.

 

Mr. Christiansen asked Mr. Linenschmidt to address Mr. Feldt’s concern regarding the required number of handicap spaces.

 

Mr. Linenschmidt responded stating that the City of League City does not have an ordinance regarding required number of handicap spaces but rather it is State enforced.

 

With no other comments from the public, Mr. Christiansen closed the public portion of the hearing at 6:37 p.m.

 

Mr. Christiansen called for a motion.

 

Mr. Sibley made a motion to approve ZBA08-55 (Coffee Bistro) with the stipulation that the applicant provide No Parking signs on Meadow Parkway per City code requirements.

 

Mr. Tannos seconded the motion.

 

A discussion was held regarding the motion and the issue of older businesses and homes becoming nonconforming within new zoning ordinance requirements.

 

The motion to approve ZBA08-55 (Coffee Bistro) with the stipulation that the applicant provide No Parking signs on Meadow Parkway per City code requirements passed unanimously with a vote of 5-0-0.

 

 

V.        Other Business

B.      Recognition for Mr. Joseph Tannos’ 7 years of service on the Zoning Board of Adjustments.

Staff and the Commissioners presented Commissioner Tannos with a plaque recognizing his seven and a half years of service on the Zoning Board of Adjustment.

 

VI.       Adjournment of the Meeting

 

Mr. Sibley made a motion to adjourn the meeting.

 

Mr. Christiansen seconded the motion.

 

Mr. Christiansen adjourned the meeting at 6:49 p.m.

 

 

 

___________________________________              ______________________________

Mark Linenschmidt,                                                  James R. Christiansen

Senior Planner                                                                        Chair, Zoning Board of Adjustment                          

Date minutes approved: ___________________