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Zoning Board of Adjustments /

building and standards commission

Regular Session Agenda

June 4, 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.      April 2, 2009

III.               The Swearing in of Witnesses

IV.                New Business      

A.      Consider and take action on ZBA09-09 (Bay Area First Baptist Church), 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 signs along the Scenic Byways.

V.                  Public Hearings 

A.      Conduct a public hearing and take action on ZBA09-08 (1101 Hwy 3), a request for a variance to the requirement that one shade tree be planted for every 30 linear feet of street frontage within a 10-foot landscape setback (Schedule 125-72.C.7a) on approximately 1.1 acres zoned “CN” (Neighborhood Commercial), legally described as Eleven “O” One Highway 3 Subdivision, generally located south of Washington Street and west of State Highway 3 with the approximate address being 1101 State Highway 3.

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 1ST DAY OF JUNE, 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 JUNE 04, 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 6:06 p.m.

 

 

Members present:                                                        Members absent:

James R. Christiansen, Chair                                       Hobart Q. Sibley

Fred Switzer

G. Wesley Wray

Ian Evans

Amy Beasley

Rusty Tidwell

 

City Representatives:

Mark Stelly, Building Official

Mark Linenschmidt, Senior Planner

Dausha Moore, Planner

Susan Wologo, Recording Secretary

 

Approval of Minutes

 

A.       April 02, 2009

 

Mr. Evans made a motion to approve the April 02, 2009 minutes as written.

 

Mr. Wray seconded the motion.

 

No discussion.

 

The motion passed with a vote of 4-0-1 with Mr. Switzer abstaining as he was not present at the 4-02-09 meeting.

 

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 ZBA09-09 (Bay Area First Baptist Church), 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 signs along the Scenic Byways.

Mr. Stelly restated the staff report for this item stating that the applicant wishes to upgrade their sign to a lighted LED reader panel.  He explained that the applicant does not wish to change the height or the width of the sign but only some of the elements within the sign. 

 

It was noted that the applicant was not present.  Mr. Wray inquired if the applicant had been notified of the meeting.  Mr. Stelly explained that generally the applicant is notified of the date and time of the meeting upon submission of their variance request application.

 

In a discussion, Mr. Stelly said that although the Ordinance does not permit this type sign staff does not object to it since the height and width of the sign are not changing.  He further recommended two conditions should the Commission grant the variance.  He recommended an eight second minimum display with a two second transition period and the intensity adjusting from day to night time hours.

 

Mr. Wray motioned to approve ZBA09-09 (Bay Area First Baptist Church) subject to the conditions that the sign have all LED lighting throughout the sign for energy conservation, an eight second minimum display period with a two second transition between displays and a forty percent intensity reduction adjusting to night time hours.

 

Mr. Evans 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 ZBA09-08 (1101 Hwy 3), a request for a variance to the requirement that one shade tree be planted for every 30 linear feet of street frontage within a 10-foot landscape setback (Schedule 125-72.C.7a) on approximately 1.1 acres zoned “CN” (Neighborhood Commercial), legally described as Eleven “O” One Highway 3 Subdivision, generally located south of Washington Street and west of State Highway 3 with the approximate address being 1101 State Highway 3.

 

Mr. Christiansen opened the public portion of the hearing at 6:27 p.m.

 

Dausha Moore restated the staff report for this item noting that the applicant proposes to plant five of the canopy trees required in other locations on the site and Southern Wax Myrtles every 10 feet along the frontage as opposed to the eleven total trees required by the ordinance.  The Southern Wax Myrtles have the potential height growth of up to 15 feet having a similar effect to the requirement.  Due to the pipeline along Highway 3 the shrubs will have to be planted within 12-17 feet of the property line as opposed to within the 10-foot setback.  This is because the pipeline company does not allow shrubs to be planted within 5 feet or trees to be planted within 10 feet of a pipeline.  Only 5 of the 11 required trees are proposed due to the size of the site and the area required to grow viable shade trees.

 

Ms. Moore noted that the Planning and Zoning Commission approved a variance request back on January 05, 2009 to decrease the buffer yard from 25 feet to 17 feet with an 8-foot, double sided wood fence along the north side of the property adjoining the single-family residential subdivision.

 

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

 

Ms. Margaret Bilotta, 1107 Hwy 3 came forward and stated she was not in opposition of the variance request.

 

Mr. Mohamad Javadi came forward but said he had nothing else to add to Ms. Moore’s report.

 

With no one else present from the public to speak on this item, Mr. Christiansen closed the public portion of the hearing at 6:39 p.m.

 

Ms. Beasley made a motion to approve ZBA09-08 (1101 Hwy 3).

 

Mr. Evans seconded the motion.

 

A discussion was held regarding the hardships due to the presence of the pipeline and the shape of the property.

 

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 reported that the permit has been closed on the left section of the property and that the property is now renting with people already moving in.  He further stated that the Building Department will be following up on the right section of the building since it is still under construction.

 

VII.     Adjournment of the Meeting

 

 

Mr. Christiansen adjourned the meeting at 6:46 p.m.

 

 

 

___________________________________              ______________________________

Mark Linenschmidt,                                                  James R. Christiansen

Senior Planner                                                                        Chair, Zoning Board of Adjustment                         

Date minutes approved: ___________________