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Zoning Board of Adjustments /

building and standards commission

Regular Session Agenda

August 6, 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.      July 9, 2009

III.               The Swearing in of Witnesses

IV.                New Business      

A.      Consider and take action on ZBA09-16 (League City Town Center Shell Space), a variance request to Section 90-171(d) of the League City Sign Ordinance limiting the size of a banner to 32 square feet.

B.      Consider and take action on ZBA09-17 (Chase Bank at FM 270 and FM 518), variance requests to Section 90-181(b)(1) of the League City Sign Ordinance permitting only one wall sign per building site located on a street frontage within a scenic byway and Section 90-181(b)(8) of the League City Sign Ordinance permitting a sign to be installed to only one side of the building either facing a street or facing a customer parking area within a scenic byway.

V.                  Public Hearings 

A.      Conduct a public hearing and take action on ZBA09-14 (Oasis of Peace), a variance request to the off-street parking requirements (Schedule 125-170.D) for a religious assembly use on property zoned “CG-CRC” (General Commercial with a Commercial Revitalization Overlay), legally described as Lots 33 thru 41 of the Cross Subdivision, generally located north of Farm to Market Road 518 and east of Wisconsin Avenue with the approximate address being 1416 Farm to Market Road 518.

B.      Conduct a public hearing and take action on ZBA09-15 (Smith), a variance request to the requirement for an accessory structure (Section 125-120.A.) on approximately 4.0 acres zoned “RSF-20” (Single-family residential with a minimum lot size of 20,000 square feet), legally described as a portion of Lot 53 (53-1) of Division D of the League City Subdivision, generally located north of Austin Street and west of Louisiana Avenue with the approximate address being 1001 Louisiana Avenue.

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 31ST DAY OF JULY, 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 August 06, 2009 at 6:00 P.M.

COUNCIL CHAMBERS

200 WEST WALKER

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

I.                   Call to order and Roll call of members

 

Mr. Christiansen called the meeting to order at 6:01 p.m.

 

 

Members present:                                                        Members absent:

James R. Christiansen, Chair                                       Ian Evans

Fred Switzer                                                                 Rusty Tidwell

Amy Beasley                                                              

Hobart Sibley

Wesley Wray

 

 

 

City Representatives:

Oscar Arevalo, Deputy Building Official

Mark Linenschmidt, Senior Planner

Rodney Glasper, Planner

Susan Wologo, Recording Secretary

 

I.                   Approval of Minutes

 

A.       July 09, 2009

 

Mr. Sibley made a motion to approve the July 09, 2009 minutes as written.

 

Mr. Switzer seconded the motion.

 

No discussion was held.

 

The motion passed unanimously 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. 

 

 

II.                New Business

 

A.        Consider and take action on ZBA09-16 (League City Town Center Shell Space), a variance request to Section 90-171(d) of the League City Sign Ordinance limiting the size of a banner to 32 square feet.

Mr. Arevalo, Deputy Building Official with the City, restated the staff report and explained that the applicant’s request is for a 180 square foot banner.  He noted that the banner has already been placed on the store front and exceeds the 32 square-feet allowed by the City ordinance.

 

A discussion was held regarding the length of time the banner has been displayed.  Mr. Arevalo noted that since

the banner has been up a nearby developer requested to display three banners of the same size.

 

Mr. Christiansen asked if the applicant was present.  No one came forward.

 

Mr. Switzer made a motioned to deny ZBA09-16 (League City Town Center Shell Space).

 

Mr. Sibley seconded the motion.

 

No discussion was held.

 

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

 

B.      Consider and take action on ZBA09-17 (Chase Bank at FM 270 and FM 518), variance requests to Section 90-181(b)(1) of the League City Sign Ordinance permitting only one wall sign per building site located on a street frontage within a scenic byway and Section 90-181(b)(8) of the League City Sign Ordinance permitting a sign to be installed to only one side of the building either facing a street or facing a customer parking area within a scenic byway.

  

Mr. Arevalo restated the staff report explaining the applicant is requesting three wall signs; however the scenic byway portion of the sign ordinance only allows for one sign.  He stated under certain conditions, such as for a corner location, the ordinance may allow for more than one sign.

 

A discussion was held regarding other businesses in possible violation of the sign ordinance.

 

Mr. Christiansen asked if the applicant was present.  No one came forward.

 

Mr. Sibley made a motion to approve ZBA09-17 (Chase Bank at FM 270 and FM 518) for two signs, one to face north and one to face east.

 

Ms. Beasley seconded the motion.

 

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

V.          Public Hearings

A.    Conduct a public hearing and take action on ZBA09-14 (Oasis of Peace), a variance request to the off-street parking requirements (Schedule 125-170.D) for a religious assembly use on property zoned “CG-CRC” (General Commercial with a Commercial Revitalization Overlay), legally described as Lots 33 thru 41 of the Cross Subdivision, generally located north of Farm to Market Road 518 and east of Wisconsin Avenue with the approximate address being 1416 Farm to Market Road 518.

Mr. Christiansen opened the public portion of the hearing at 6:24 p.m.

Mr. Glasper, Planner with the City, restated the staff report and explained that the applicant is requesting a variance to the required number of parking spaces.  The subject space is 1200 square feet and the required number of parking spaces is one space per 100 square feet; this would require the applicant to have 12 additional parking spaces on the site.   Mr. Glasper further explained that the site is currently maxed out and cannot accommodate additional parking spaces.  The applicant indicated that the church hours of operation will be limited to Sundays and Wednesday after 7:00 p.m.  The request is only for Wednesday nights after 7:00 p.m during which time two other businesses will be open and would put them over the limit for required spaces.  On Sundays they would have the required number of spaces since only one other business would be open at that time.  Mr. Glasper noted that a small gravel road is located to the rear and side of the building where employees park to provide additional parking in the front.

A discussion was held regarding the issue of older business complying with the new ordinances.  Mr. Linenschmidt clarified that in these cases a variance is considered based on the use rather than the property since the parking is calculated as the uses come in.

A discussion continued regarding the gravel road and the possibility of a cut-through creating an egress for a one way drive.

Mr. David Werlin, representing Priske Development arrived late and was sworn in by Chairman Christiansen.  Mr. Werlin explained that from an ownership standpoint they would not want to cause a problem with the other tenants.  He stated that in this case the operating hours should not be in conflict with the other tenants on the weekends.  He stated parking for Wednesday nights may be a concern but to his understanding there would not be a full congregation on those nights.  He also noted that there is an area in the back for additional parking and that the lease is only for one year.

A discussion was held regarding safety issues with exiting onto FM 518.  The idea of a cut-through was revisited.  Mr. Linenschmidt reminded the board that should the applicant decide to do this they would still need to come before the Board to request a variance to the landscape requirements since the areas along the side and rear are part of their required landscaping.

In further discussion, Mr. Werlin requested to table the item for 30 days to try to attain a longer term parking solution for the property.

Mr. Christiansen closed the public portion of the hearing at 6:59 p.m.

Mr. Christiansen motioned to table ZBA09-14 for thirty days.

Mr. Wray seconded the motion.

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

 

B.     Conduct a public hearing and take action on ZBA09-15 (Smith), a variance request to the requirement for an accessory structure (Section 125-120.A.) on approximately 4.0 acres zoned “RSF-20” (Single-family residential with a minimum lot size of 20,000 square feet), legally described as a portion of Lot 53 (53-1) of Division D of the League City Subdivision, generally located north of Austin Street and west of Louisiana Avenue with the approximate address being 1001 Louisiana Avenue.

Mr. Christiansen opened the public portion of the hearing at 7:00 p.m.

Mr. Linenschmidt, Senior Planner for the City, restated the staff report and presented an aerial map and survey of the property.  He explained the applicant is requesting to construct a 3,200 square-foot accessory structure that is larger than the 2,150 square-foot primary structure single-family home.  Mr. Linenschmidt stated that based on the definition of an accessory structure, the size of the structure is to be subordinate (smaller) than the size of the primary structure.  He further stated that while the structure would be permitted for crop and animal raising in the “RSF-20” zoning district, the applicant does not have any crop and animal raising on the site and will only reside there.  He further explained that the intent of the requirement is to ensure that a storage structure on a residential lot does not detract from residential character.  The real intent of the zoning ordinance when it was brought forward was calculated more toward smaller lot sizes such as “RSF-5” and “RSF-7” which make up the majority of lots within the city.  Mr. Linenschmidt noted that of the phone calls and emails received from residents within the 500 foot notification area, none have been in objection.

Mr. Linenschmidt referred to the survey to show the proposed location of the structure.  He pointed out that the survey also indicates there is a pipeline easement of an undefined width crossing the property.  Due to this notation, Mr. Linenschmidt stated that should the variance request be approved, staff would request that the applicant provide a letter from the pipeline company stating they have no objection to the location of the structure.

Mr. Christiansen called for the applicant.

Mr. Bruce Smith, applicant, explained the primary purpose of the structure is for storage and a workshop.

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

Ms. Becky Blanchard, 2604 Austin Street came forward in support of the variance request.

Mr. Wayne Callender, 1002 Rio Grande was also in support of the variance request.

With no other comments from the public, Mr. Christiansen closed the public portion of the hearing at 7:12 p.m.

Mr. Sibley made a motion to approve ZBA09-15 (Smith) with the stipulation that the applicant provide a letter to the City, with the letterhead from the pipeline company, affirming their knowledge and approval of the structure.

Mr. Switzer seconded the motion.

No discussion was held.

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

 

VI.       Adjournment of the Meeting

 

Mr. Sibley motioned to adjourn the meeting.

             

Ms. Beasley seconded the motion.

                         

Mr. Christiansen adjourned the meeting at 7:14 p.m.

 

 

___________________________________              ______________________________

Mark Linenschmidt,                                                  James R. Christiansen

Senior Planner                                                                        Chair, Zoning Board of Adjustment                         

Date minutes approved: ___________________