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Zoning Board of Adjustments /

building and standards commission

Regular Session Agenda

October 1, 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.     September 3, 2009

III.             The Swearing in of Witnesses

IV.              Items Tabled and Subject to Recall

A.     Consider 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. (PUBLIC HEARING CLOSED 08-07-09)

V.                 Public Hearings

A.     Conduct a public hearing and take action on ZBA09-19 (Clear Lake Plantation Patio Homes #2), a variance request to the 15-foot side yard setback requirement (Schedule 125-70.C) on property zoned “RSF-10” (Single-family residential with a minimum lot size of 10,000 square feet), legally described as Lot 8 of the Clear Lake Plantation Patio Homes Subdivision, Section 1, generally located north of Farm to Market Road 2094 and east of Plantation Drive, with the approximate address being 936 Plantation Drive.

B.     Conduct a public hearing and take action on ZBA09-20 (Horton), a variance request to the 20-foot front yard setback requirement (Schedule 125-70.C) on property zoned “RSF-5” (Single-family residential with a minimum lot size of 5,000 square feet), legally described as Lot 23, Block 6 of the Lakeside Subdivision, generally located south of Bluebonnet Street and east of West Drive with the approximate address being 413 West Drive.

VI.              Other Business

 

A.     Consider and take action on the 2010 Zoning Board of Adjustments Submittal and Meeting Schedule.

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 28TH DAY OF SEPTEMBER, 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 October 01, 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                                       Rusty Tidwell, Alternate 2

Hobart Sibley                                                              

Wesley Wray  

Fred Switzer                            

Ian Evans

Amy Beasley, Alternate 1

 

  

City Representatives:

Mark Linenschmidt, Senior Planner

Dausha Moore, Planner

Susan Wologo, Recording Secretary

 

Approval of Minutes

 

A.       September 03, 2009

 

Mr. Evans made a motion to approve the September 03, 2009 minutes as written.

 

Mr. Wray seconded the motion.

 

No discussion was held.

 

The motion passed unanimously with a vote of 6-0-0.

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. 

 

 

Items Tabled and Subject to Recall

 

A.     Consider 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. (PUBLIC HEARING CLOSED 08-07-09)

Mr. Linenschmidt, Senior Planner with the City of League City, updated the Board on this item stating that on September 16, 2009 the property owner met with the DRC (Development Review Committee) regarding revising the site plan.  Issues such as angle of parking and drainage were discussed.  During the meeting and as a result, the property owner requested that the item remain tabled in order to receive additional information about the property as well as to communicate with the church.

Mr. Christiansen noted that no action would be taken and the item would remain tabled until the next meeting.

V.          Public Hearings

A.   Conduct a public hearing and take action on ZBA09-19 (Clear Lake Plantation Patio Homes #2), a variance request to the 15-foot side yard setback requirement (Schedule 125-70.C) on property zoned “RSF-10” (Single-family residential with a minimum lot size of 10,000 square feet), legally described as Lot 8 of the Clear Lake Plantation Patio Homes Subdivision, Section 1, generally located north of Farm to Market Road 2094 and east of Plantation Drive, with the approximate address being 936 Plantation Drive.

Dausha Moore, Planner with the City of League City, restated the staff report for this item and explained that due to hurricane damage, the applicant intends to demolish the existing 2,170-square-foot home and construct a new 3,800-square-foot home.  She explained that prior to zoning there were no set back requirements so the homes built on this block were built to the zero side setback on the south lot line and a five foot setback on the north lot line.  The variance is needed due to the expansion of the original footprint.

Mr. Christiansen opened the public portion of the hearing at 6:11 p.m.

Mr. Larry Millican, resident at 934 Plantation, came forward in support of this item.

With no other comments from the public, Mr. Christiansen closed the public portion of the hearing at 6:14 p.m.

Mr. Christiansen called for a motion.

Mr. Sibley made a motion to approve ZBA09-19 (Clear Lake Plantation Patio Homes #2).

Mr. Evans seconded the motion.

Mr. Wray asked if there was any public opposition to this item.  Mr. Christiansen confirmed there was not.

The motion passed unanimously with a vote of 6-0-0.

B.     Conduct a public hearing and take action on ZBA09-20 (Horton), a variance request to the 20-foot front yard setback requirement (Schedule 125-70.C) on property zoned “RSF-5” (Single-family residential with a minimum lot size of 5,000 square feet), legally described as Lot 23, Block 6 of the Lakeside Subdivision, generally located south of Bluebonnet Street and east of West Drive with the approximate address being 413 West Drive.

Ms. Beasley announced for the record that she would not be participating in discussion or voting on this item as she lives within the 500-foot notification zone.

Mr. Linenschmidt restated the staff report for this item and explained the request is for a variance to the 20-foot front yard setback requirement to construct two 120-square-foot decks on the front of a recently built home.  He gave a brief history of the subject site and noted a correction to the staff report.  He stated that after the Commissioner’s packets were distributed, staff received three additional calls from neighbors – two in support of the variance and one in opposition.  Three emails opposing the variance were received as well.  Mr. Linenschmidt noted that at this time there is no evidence that suggests this property has any unique circumstances different from other conforming property in the subdivision but that the circumstances are created by the owner.  He further noted that granting the variance could possibly set a precedent for the rest of the subdivision.

In a discussion Mr. Sibley asked if a permit was in place before the pilings were installed and if the homeowner sought approval from the HOA prior to starting construction. 

Mr. James Horton, applicant, came forward and confirmed he had not obtained a permit and had not contacted his HOA prior to construction as he was not aware he needed to do so.

A discussion continued with Mr. Christiansen inquiring as to the purpose of the decks.  Mr. Horton responded they would be for protection of the vehicles.  Mr. Christiansen explained that the Board looks for a hardship when granting a variance and that the request cannot be self imposed.  He asked how Mr. Horton might consider the request to be a hardship and inquired about the applicant starting construction without a permit or approval.  Mr. Horton responded that he was not trying to build something without going through the proper channels but that he didn’t know the channels and has since done so after being directed by the inspector.

The Board voiced concerns regarding the construction that was already started not conforming to the codes since there were no inspections.  Mr. Evans asked if Mr. Horton had gone to his HOA to resolve the matter.  He responded saying he did attend the HOA meeting and explained his situation and said at that time they appeared to have no problem with (the request).  He said he has spoken with the president and several board members and said they had no problems with it as well.  He further added that he circulated a petition in which several of the board members signed.

Mr. Horton responded to the Board’s concerns regarding the construction that has already been started.  He said the pilings were installed 36-inches and anchored with T-bars as per an engineer.

Mr. Christiansen opened the public portion of the hearing at 6:38 p.m.

Bob Miller, resident at 412 West Drive, came forward in support of the request.

Sylvia Goff Horton, applicant’s wife, came forward and reiterated reasons for the request.

Robert McGinnes, resident at 310 Lakeside Drive, came forward in support of the request.

Emily Dominy, resident at 512 West Drive and HOA Board Member, came forward also in support of the request.

With no other comments from the public, Mr. Christiansen closed the public portion of the hearing at 6:44 p.m.

Mr. Evans made a motion to deny ZBA09-20 (Horton).

Mr. Sibley seconded the motion.

A discussion was held regarding the motion.

The motion passed with a vote of 4-1-1 with Mr. Wray voting to approve and with Ms. Beasley abstaining.

VI.       Other Business

A.      Consider and take action on the 2010 Zoning Board of Adjustments Submittal and Meeting Schedule.

Mr. Linenschmidt presented the Zoning Board of Adjustments Submittal and Meeting Schedule for 2010.

Mr. Sibley made a motion to approve the 2010 Zoning Board of Adjustments Submittal and Meeting Schedule.

Mr. Evans seconded the motion.

The motion passed unanimously with a vote of 6-0-0.

VII.     Adjournment

Mr. Sibley motioned to adjourn.

Mr. Wray 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: ___________________