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Zoning Board of Adjustments /

building and standards commission

Regular Session Agenda

March 5, 2009

6:00 PM

Johnnie Arolfo Civic Center

400 West Walker Street

 

 

 

 

 

 

 

 

 

 

 

 

I.                    Call to order and Roll call of members

II.            Approval of Minutes

A.      February  5, 2009

III.               The Swearing in of Witnesses

IV.                Public Hearings 

A.      Conduct a public hearing and take action on ZBA09-04 (US Acrosports #1), a variance request to the parking requirement (Schedule 125-170.D) for an ?offices? and ?large scale recreation and entertainment? use on property zoned ?CG? (General Commercial), legally described as Lot 4 of the Trophy Park Subdivision, generally located south of Farm to Market Road 528 and west of Nasa Road West, with the approximate address being 1800 Old Nasa Road West.

B.      Conduct a public hearing and take action on ZBA09-05 (US Acrosports #2), a variance request to the 15-foot side setback requirement (Schedule 125-72.C) on property zoned ?CG? (General Commercial), legally described as Lot 4 of the Trophy Park Subdivision, generally located south of Farm to Market Road 528 and west of Nasa Road West, with the approximate address being 1800 Old Nasa Road West.

C.      Conduct a public hearing and take action on ZBA09-06 (US Acrosports #3), a variance request to the 20-foot rear setback requirement (Schedule 125-72.C) on property zoned ?CG? (General Commercial), legally described as Lot 4 of the Trophy Park Subdivision, generally located south of Farm to Market Road 528 and west of Nasa Road West, with the approximate address being 1800 Old Nasa Road West.

V.                  Other Business   

A.   Discuss progress of issuance of building permits to replace dilapidated structures at 310 Houston Avenue (League Colony Apartments).

 

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, BY THE 2nd  DAY OF MARCH, 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, MARCH 05, 2009 at 6:00 P.M.

Johnnie Arolfo Civic Center

400 WEST WALKER STREET

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

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                                      

Hobart Q. Sibley

Fred Switzer

G. Wesley Wray

Ian Evans

 

City Representatives:

Mark Stelly, Building Official

Mark Linenschmidt, Senior Planner

Rodney Glasper, Planner

Susan Wologo, Recording Secretary

 

*Mr. Stelly arrived at 6:06 p.m. and was sworn in at 6:10 p.m.

 

Approval of Minutes

 

A.       February 05, 2009

 

Mr. Sibley made a motion to approve the February 05, 2009 minutes as written.

 

Mr. Wray seconded the motion.

 

No discussion.

 

The motion passed with a vote of 5-0-0.

 

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 Hearings

 

A.     Conduct a public hearing and take action on ZBA09-04 (US Acrosports #1), a variance request to the parking requirement (Schedule 125-170.D) for an ?offices? and ?large scale recreation and entertainment? use on property zoned ?CG? (General Commercial), legally described as Lot 4 of the Trophy Park Subdivision, generally located south of Farm to Market Road 528 and west of Nasa Road West, with the approximate address being 1800 Old Nasa Road West.

Mr. Christiansen opened the public portion of the hearing at 6:06 p.m.

 

Mr. Linenschmidt restated the staff report and gave a brief history of the property stating that in 2002 the Planning and Zoning Commission granted a parking variance to allow 85 parking spaces as opposed to the required 97 parking spaces.  In 2004 the Zoning Board of Adjustment approved another parking variance to allow 95 parking spaces as opposed to the required 99 parking spaces due to a proposed 2,800 square-foot expansion.   The expansion, however, was never constructed.  Mr. Linenschmidt further explained that the applicant is currently requesting a similar parking variance for a proposed 6,500 square-foot building.

 

A discussion was held in regard to Building and Fire Code requirements in respect to Building Separation.

 

Mr. Tom Higgins, Applicant, came forward and distributed packets to Board members containing surveys, photos of the building and property and a copy of a letter of opposition written by Mr. Kevin Burke.  Mr. Higgins addressed the six paragraphs within Mr. Burke?s letter of opposition to identify what he found to be inconsistencies within the letter regarding the previous variances, parking and drainage issues. 

 

Mr. Evans questioned to the reason and use of the gravel area to the rear of the building as shown in photo #8 of Mr. Higgins?s exhibit. Mr. Higgins attributed the gravel area as a cure for an erosion problem.   A discussion continued regarding proposed parking within the retention area.

 

Mr. Christiansen raised the issue of a potential parking problem should the building be sold in the future and explained that when a variance is granted it is based on the site and building and not based on the use.  Mr. Christiansen further explained that the Board?s decision to grant a variance must be based upon a hardship and should not be self imposed.

 

Mr. Higgins explained his position saying he is trying to give a good faith commitment to show they will do what is right.  He said there is an immense amount of trust between them and the parents and said it?s not his desire to have parking on the street since to do so would mean he would have a child in jeopardy. 

 

Mr. Christiansen responded saying that he has no doubt that the business is going to do great for the children and the community but explained the board is rather trying to establish a way to grant the variance and stated that in his eyes he has not seen a way to move forward.

 

Mr. Christiansen made a motion to table voting on item IV-A until after the Board discussed items IV-B and IV-C.

 

Mr. Evans seconded the motion.

 

The motion passed unanimously.

 

*The following motion and vote occurred after the discussion of items IV-A, IV-B and IV-C.

 

Mr. Sibley made a motion to approve ZBA09-04 based on the applicant?s retention pond parking plan.

 

A discussion was held regarding required parking spaces and impervious coverage.

 

Mr. Sibley withdrew his motion.

 

Mr. Evans made a motion to deny ZBA09-04 (US Acrosports #1) a variance request to the parking requirement.

 

Mr. Switzer seconded the motion.

 

A discussion was held regarding the lack of engineered drawings to support parking within the retention pond.

 

The motion to deny ZBA09-04 (US Acrosports #1) passed unanimously with a vote of 5-0-0.

 

B.     Conduct a public hearing and take action on ZBA09-05 (US Acrosports #2), a variance request to the 15-foot side setback requirement (Schedule 125-72.C) on property zoned ?CG? (General Commercial), legally described as Lot 4 of the Trophy Park Subdivision, generally located south of Farm to Market Road 528 and west of Nasa Road West, with the approximate address being 1800 Old Nasa Road West.

 

Mr. Linenschmidt restated the staff report and clarified the applicant?s request to the Board.

 

Mr. Christiansen asked Mr. Higgins to come forward and informed him again that the Board would be seeking a hardship to consider the variance.

 

Mr. Higgins acknowledged there was no hardship associated with this variance request other than the need for the additional eight feet.

 

Mr. Christiansen addressed Mr. Higgins and stated ?to me what?s happening here is it?s clear that you?re trying to put a very large building in a very small spot and in order to do that you?re asking for a variance for both side and rear setbacks which is also causing an issue with your parking.  I guess I keep running into the same brick wall but you?re self imposing this whole ordeal.  If you build a smaller building - and you said you?re willing to work with the city ? and if you stayed within the guidelines that are set within the ordinance you wouldn?t be here in the first place.?  Mr. Christiansen further voiced safety concerns regarding the setbacks.

 

Mr. Christiansen asked if there was anyone present from the public who wished to speak on this item.

 

Mr. Marvin Rader, attorney representing the Watkins family, was present in opposition of the variance request and voiced concerns regarding drainage and traffic issues.

 

Mr. Christiansen closed the public portion of the hearing at 7:15 p.m.

 

Mr. Sibley made a motion to discuss Item IV-C prior to voting on Items IV-A and IV-B.

 

Mr. Wray seconded the motion.

 

The motion passed unanimously.

 

*The following motion and vote occurred after the discussion of items IV-A, IV-B and IV-C.

 

Mr. Sibley made a motion to deny ZBA09-05 (US Acrosports #2) a variance request to the 15-foot side setback requirement.

 

Mr. Evans seconded the motion.

 

A discussion was held regarding the lack of a hardship with respect to the variance request.

 

The motion to deny ZBA09-05 (US Acrosports #2) passed unanimously with a vote of 5-0-0.

 

C.     Conduct a public hearing and take action on ZBA09-06 (US Acrosports #3), a variance request to the 20-foot rear setback requirement (Schedule 125-72.C) on property zoned ?CG? (General Commercial), legally described as Lot 4 of the Trophy Park Subdivision, generally located south of Farm to Market Road 528 and west of Nasa Road West, with the approximate address being 1800 Old Nasa Road West.

 

Mr. Christiansen opened the public portion of the hearing at 7:16 p.m.

 

Mr. Linenschmidt briefly restated the applicant?s request.

 

Mr. Christiansen asked if the applicant or anyone from the public wished to come forward again to speak on this item.  Mr. Higgins and Mr. Rader declined.

 

Mr. Christiansen closed the public portion of the hearing at 7:18 p.m.

 

Mr. Christiansen reiterated that the motion made earlier in the meeting was for the Board to vote on the items after discussion. Mr. Christiansen called for a motion on item IV-A. 

 

*The following motion and vote occurred after the discussion of items IV-A, IV-B and IV-C.

 

Mr. Switzer made a motion to deny ZBA09-06 a variance request to the 20-foot rear set back requirement.

 

Mr. Evans seconded the motion.

 

The motion to deny ZBA09-06 (US Acrosports #3) passed unanimously with a vote of 5-0-0.

 

V.        Other Business

A.     Discuss progress of issuance of building permits to replace dilapidated structures at 310 Houston Avenue (League Colony Apartments).

 

Mr. Stelly updated the Board on this item stating the property is still not completed and still awaiting power. 

 

Mr. Clifford Jackson, Owner, explained that he expects to receive power hopefully by Wednesday of next week.

He further stated they are currently working to replace rotted wood and are working on the handrails.

 

Mr. Christiansen requested that this item be placed on next month?s agenda.

 

 

VI.       Adjournment of the Meeting

 

Mr. Sibley made a motion to adjourn the meeting.

 

Mr. Wray seconded the motion.

 

Mr. Christiansen adjourned the meeting at 7:41 p.m.

 

 

 

___________________________________              ______________________________

Mark Linenschmidt,                                                  James R. Christiansen

Senior Planner                                                                        Chair, Zoning Board of Adjustment                         

Date minutes approved: ___________________