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Zoning Board of Adjustments /

building and standards commission

Regular Session Agenda

January 7, 2010

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.     December 3, 2009

III.             The Swearing in of Speakers and Witnesses

IV.              New Business

A.     Consider and take action on ZBA09-29 (Kids R Kids), a variance request to Section 90-181(b)(2) of the League City Sign Ordinance permitting signs to have only the name of the building, the address, and/or the name or logo of the primary tenant of the building.

V.                 Public Hearing

A.     Hold a public hearing and take action on ZBA09-26 (Gallagher), a variance request to the 10-foot rear yard setback requirements (Schedule 125-70.C) for a single-family residential use on property zoned “RSF-5-PUD” (Single-family residential with a minimum lot size of 5,000 square feet within a Planned Unit Development Overlay), legally described as Lot 54, Block 1 of the South Shore Harbour, Section SF50-4 Subdivision, generally located north of League City Parkway (State Highway 96) and east of South Shore Boulevard, with the approximate address being 844 Falling Springs.

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 4TH DAY OF JANUARY, 2010 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 January 07, 2010 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 6:01p.m.

 

Mr. Christiansen made an announcement regarding Board Member position changes.

 

 

Members present:                                                         *Members absent:

James R. Christiansen, Chair                                         Hobart Sibley, Alternate 1

Fred Switzer                                                                  Wesley Wray

Ian Evans                                                         

Amy Beasley

Elaine Kosty, Alternate 2

 

 

*Mr. Wray was absent due to illness and Mr. Sibley was absent due to a schedule conflict.

 

City Representatives:

Mark Stelly, Building Official

Mark Linenschmidt, Senior Planner

Susan Wologo, Recording Secretary

 

II.    Approval of Minutes

 

A.       December 03, 2009

 

Ms. Beasley made a motion to approve the December 03, 2009 minutes as written.

 

Ms. Kosty seconded the motion.

 

No discussion was held.

 

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

 

III. 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. 

 

 

IV. New Business

 

A.     Consider and take action on ZBA09-29 (Kids R Kids), a variance request to Section 90-181(b)(2) of the League City Sign Ordinance permitting signs to have only the name of the building, the address, and/or the name or logo of the primary tenant of the building.

City Building Official, Mark Stelly, came forward and restated the staff report and explained that the applicant’s request is to place the business phone number and web address on the sign.  The Sign Ordinance currently only allows for the name of the building, address of the building and/or the name or logo of the primary tenant of the building.   Mr. Stelly acknowledged that there are signs throughout the city that contain the business phone number and noted that staff has begun pulling the addresses to find out if permits were ever obtained for the signs.

 

Mr. Mike Sadler, Owner of Kids R Kids, came forward and stated that obviously (the request to display the phone number) is good for advertising but said he also feels that when dealing with children it is also a safety issue and then noted the recent shelter-in-place incident.  He said parents know where the center is where they drop their kids off but they don’t always remember the phone number or carry it with them.

 

A discussion was held regarding the sign details.  Mr. Stelly noted that the request for the LED portion of the sign is also in contrast to the Sign Ordinance.  The Board further discussed the conditions within the Board’s recent decision to allow Staff to administratively permit electronic reader signs.  

 

With no further discussion, Mr. Christiansen called for a motion.

 

Mr. Evans made a motion to approve ZBA09-29 (Kids R Kids) subject to the conditions that 1.) the street address be added to the sign structure with illuminated or reflective numbering, and 2.) that the reader board conform to an 8 second minimum display with a 2 second minimum transition between messages and 3.)  a 40% lighting intensity reduction during periods of darkness.

 

Mr. Switzer seconded the motion.

 

No discussion was held.

 

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

 

V. Other Business

 A.    Hold a public hearing and take action on ZBA09-26 (Gallagher), a variance request to the 10-foot rear yard setback requirements (Schedule 125-70.C) for a single-family residential use on property zoned “RSF-5-PUD” (Single-family residential with a minimum lot size of 5,000 square feet within a Planned Unit Development Overlay), legally described as Lot 54, Block 1 of the South Shore Harbour, Section SF50-4 Subdivision, generally located north of League City Parkway (State Highway 96) and east of South Shore Boulevard, with the approximate address being 844 Falling Springs.

Mr. Linenschmidt, Senior Planner, restated the staff report and explained that the applicant had previously expanded his patio and constructed a roof over the entire concrete patio.  The expansion of the roof ties into the existing house and extends over the patio making it a structure which crosses the setback line by approximately 31/2 feet into a 10-foot rear yard setback and a platted 10-foot utility easement.  He stated the applicant indicated he was unaware of the requirement to obtain a building permit for the roof.  He further explained that the City was informed of the violation via a complaint to Code Enforcement and through the building permit process it was discovered that not only was there an issue with the setbacks there was also an issue with the 10-foot utility easement.  Mr. Linenschmidt explained that Section 102-6.a.1 of the Subdivision and Development Regulations states that flatwork, landscaping and fencing only are permitted in public utility easements and though both coincide in the same area, the request was referred to the Planning and Zoning Commission. On December 7, 2009 the Planning and Zoning Commission held a public hearing and approved the request for a subdivision variance to the 10-foot utility easement by a vote of 5-1-1 subject to the condition that all of the franchise utilities consent to the encroachment.  Consequently, if any of the franchise utilities or the Board denies the request, the roof will have to be removed from the encroachment.  Mr. Linenschmidt noted a possible condition that the request is subject to consent from the two remaining franchise utility companies being Centerpoint Energy and Comcast Cable TV.

Greg Gallaher, applicant, came forward and answered questions from Board members. 

The Board inquired if the applicant had a hardship.  A discussion was held regarding the irregular shape of the lot.

 Mr. Linenschmidt noted that although he did receive some inquiries regarding the public notices sent out, there were no responses received in opposition of the request.

Mr. Christiansen opened the public portion of the hearing at 7:01 p.m.

With no one present from the public to speak on this item, Mr. Christiansen closed the public portion of the hearing at 7:01 p.m. and called for a motion.

Mr. Evans made a motion to approve ZBA09-26 (Gallagher) for subject structure only and subject to the consent of the remaining franchise utility companies.

Ms. Kosty seconded the motion.

The Board and staff discussed the idea of requesting future applicants to properly record the Board’s ruling with the County so that it is tied to the property deed.  Mr. Linenschmidt stated he would coordinate with the applicant to provide a formal letter with the Board’s ruling to be recorded with Galveston County to be tied to the property deed.

Mr. Evans amended his motion to approve ZBA09-26 (Gallagher) for the subject structure only and subject to the consent of the remaining franchise utility companies and that the applicant provide a letter with the Board’s ruling to the County to be tied to the property deed.

Ms. Kosty seconded the motion.

Ms. Beasley voiced concerns with granting the variance as she did not see a hardship that was not self imposed.  A discussion followed regarding the irregular shape of the lot and the way the house was built on the lot.  Mr. Christiansen stated he felt a hardship was created due to these circumstances.

With no further discussion, Mr. Christiansen called for a vote.

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

VI. Adjournment

Ms. Beasley motioned to adjourn.

Ms. Kosty seconded the motion.

Mr. Christiansen adjourned the meeting at 7:09 p.m.

 

 

___________________________________                 ______________________________

Mark Linenschmidt                                                       James R. Christiansen

Senior Planner                                                   Chair, Zoning Board of Adjustment                         

Date minutes approved: ___________________