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Zoning Board of Adjustments /

building and standards commission

Regular Session Agenda

April 2, 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.      March  5, 2009

III.               The Swearing in of Witnesses

IV.                New Business      

A.      Consider and take action on ZBA09-07 (Muff-It), a variance request to Section 90-181(a)(3) of the League City Sign Ordinance limiting the height of free-standing signs along the Scenic Byways to a maximum of 6 feet and  Section 90-181(a)(10) of the League City Sign Ordinance prohibiting moving, flashing or intermittently illuminated elements for a signs along the Scenic Byways.

V.                  Public Hearings 

A.      Conduct a public hearing and take action on ZBA08-55R (The Coffee Bistro), a variance request to the off-street parking requirements (Schedule 125-170.D) for a limited service eating and drinking establishment on approximately 0.47 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.

VI.                Other Business   

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

 

VII.             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 30TH 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 APRIL 02, 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 6:02 p.m.

 

 

Members present:                                                        Members absent:

James R. Christiansen, Chair                                       Fred Switzer

Hobart Q. Sibley

G. Wesley Wray

Ian Evans

Amy Beasley

 

City Representatives:

Mark Stelly, Building Official

Mark Linenschmidt, Senior Planner

Rodney Glasper, Planner

Susan Wologo, Recording Secretary

 

Approval of Minutes

 

A.       March 05, 2009

 

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

 

Mr. Evans seconded the motion.

 

No discussion.

 

The motion passed with a vote of 4-0-1, with Ms. Beasley abstaining as she was not appointed.

 

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. 

 

 

New Business

 

A.  Consider and take action on ZBA09-07 (Muff-It), a variance request to Section 90-181(a)(3) of the League City Sign Ordinance limiting the height of free-standing signs along the Scenic Byways to a maximum of 6 feet and  Section 90-181(a)(10) of the League City Sign Ordinance prohibiting moving, flashing or intermittently illuminated elements for a signs along the Scenic Byways.

Mr. Stelly restated the staff report for this item explaining that the applicant?s request is for the current existing sign of 25-feet in height be decreased to 12-feet in height.  The Ordinance limits ground signs along the scenic byways to a height of 6-feet.  The applicant is requesting for the sign to be decreased to 12 feet in height as opposed to 6-feet to allow for better visibility.  In addition, the applicant is requesting that an electronic sign be allowed since the sign is being lowered from the original sign height of 25-feet.

 

Michael Hamilton with HouTex Signs came forward and explained they are requesting a 12 foot sign as opposed to the allowable 6-foot sign so that the sign is high enough that it is not blocked by trucks waiting to be repaired.  He further explained that the proposed sign is the exact square footage of the existing sign and that the electronic display is a LED double sided message board that will be used to display advertisements, time and temperature.

 

Mr. Sibley made a motion to approve ZBA09-07 (Muff-It).

 

Mr. Wray seconded the motion.

 

A discussion was held regarding the electronic display of the sign.  Mr. Stelly explained that staff is not opposed to this type of sign as long as it does not create a visual problem meaning the sign intensity should come on slowly as to fade in rather than create a ?bright pop?.  He further discussed implementing the 8/10 second rule and suggested adding the business address to the sign.

 

Mr. Sibley amended his motion to grant ZBA09-07 (Muff-It) with the conditions that 1) the sign obey the 8/10 second rule and that 2) the business address be added to the sign and 3) the sign be provided with a auto adjust mechanism and have proper transitions. 

 

Mr. Wray seconded the motion. 

 

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

 

 

V.        Public Hearing

A.  Conduct a public hearing and take action on ZBA08-55R (The Coffee Bistro), a variance request to the off-street parking requirements (Schedule 125-170.D) for a limited service eating and drinking establishment on approximately 0.47 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. Christiansen opened the public portion of the hearing at 6:26 p.m.

Mr. Glasper gave a brief history of this item and stated that the request is a reconsideration of the variance that the Board granted at the January 08, 2009 meeting.  The variance permitted a reduction to the required number of parking spaces from nine spaces to three spaces with the condition that the owner place No Parking signs along the portion of Meadow Parkway adjoining the site.  After the meeting the Public Works Department determined that the No Parking signs were not needed due to the fact that this portion of Meadow Parkway will be striped as a bike lane within the next few weeks.  Since the applicant is not able to meet the conditions, the Board must reconsider the variance.  Mr. Glasper noted that two temporary No Parking signs have been placed at the location but will be removed after the bike lane is striped.

 Mr. Christiansen asked if the property owners within 500 feet of the property were re-notified.  Mr. Glasper responded affirmatively and added that no letters of opposition were received.

 

With no one present from the public to speak on this item, Mr. Christiansen closed the public portion of the hearing at 6:34 p.m.  Mr. Christiansen called for a motion.

 

A discussion was held regarding the wording of the motion.

 

Mr. Evans made a motion to reconsider ZBA08-55R (Coffee Bistro) the requirement for the No Parking signs since it was determined that the No Parking signs are not needed at this time.

 

Mr. Sibley seconded the motion.

 

A brief discussion was held regarding parking.

 

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

 

 

VI.       Other Business

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

 

Mr. Stelly stated that he along with another Inspector did a walkthrough of the buildings and noted that the buildings now have power and are progressing.  He stated that Mr. Jackson has advised that a field superintendant is establishing a punch list.  He stated there are several loose ends that need to be addressed and that they are being made aware of them and are working to resolve them.  He noted there are about five different inspections remaining for the project. 

 

Mr. Stelly asked Mr. Jackson how he intended to secure the vacant buildings.  Mr. Jackson advised that there are locks on the doors.  Mr. Stelly inquired about public safety concerns regarding exterior area construction hazards.  Mr. Jackson advised the exterior of the building is almost complete and that the work will be interior.

 

A discussion was held regarding the extended length of time it has taken to rehabilitate the property and the idea of placing a performance bond on future non-performing properties.  Mr. Stelly explained that if a property fails to perform, then the bond would be forfeited and the money used toward the cost of demolition.

 

Mr. Clifford Jackson reported the progress of the property.  Mr. Evans expressed frustration to Mr. Jackson over the length of time the project has taken.  He stated the project is tying up the City?s Building Inspectors and the Board?s time and that he regrets not having set any fines or bonds.  He further stated that the project needs to be finished to get the City of League City out of (Mr. Jackson?s) building.

 

VII.     Adjournment of the Meeting

 

Mr. Evans made a motion to adjourn the meeting.

 

Mr. Wray seconded the motion.

 

Mr. Christiansen adjourned the meeting at 6:50 p.m.

 

 

 

___________________________________              ______________________________

Mark Linenschmidt,                                                  James R. Christiansen

Senior Planner                                                                        Chair, Zoning Board of Adjustment                         

Date minutes approved: ___________________