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Zoning Board of Adjustments /

building and standards commission

Regular Session Agenda

February 4, 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.     January 7, 2010

III.             The Swearing in of Speakers and Witnesses

IV.              New Business

A.     Consider and take action on ZBA10-03 (New Hope Baptist Church #1), a variance request to Section 90-140 of the League City Sign Ordinance making it unlawful for any person to erect alter, or relocate within the city, any spectacular sign, with the exception that service displays shall not be prohibited by this section.

B.     Consider and take action on ZBA10-04 (New Hope Baptist Church #2), a variance request to Section 90-140(a) of the League City Sign Ordinance requiring that signs have a concealed light source in addition to prohibiting signs that are moving, flashing, or have intermittently illuminated elements.

C.     Consider and take action on ZBA10-05 (New Hope Baptist Church #3), a variance request  to Section 90-140(b) of the League City Sign Ordinance that prohibits strobe lights, flashing lights. Signs with non-energized signs illuminated from an independent artificial source are also prohibited to glare upon any street, alley, driveway, parking area or adjacent residential property.

D.     Consider and take action on ZBA10-06 (New Hope Baptist Church #4), a variance request to Section 90-140(1)(b) of the League City Sign Ordinance that allow signs to display only the name of the building, the address of the building and/or the name or logo of the primary tenant of the building.

E.     Consider and take action on ZBA10-07 (New Hope Baptist Church #5), a variance request to Section 90-140(1)(j) of the League City Sign Ordinance that allows signs to be illuminated by concealed light sources. Moving, flashing, or intermittently illuminated elements are prohibited. 

V.                 Public Hearings and Action Items from Public Hearings

A.     Hold a public hearing and take action on ZBA10-01 (Wood #1), a variance request to the 20-foot side yard setback requirement (Schedule 125-70.C.) along the northern property line for a proposed expansion of an existing residential structure on property zoned “RSF-20” (Single-family residential with a minimum lot size of 20,000 square feet), legally described as a portion of Lot 32 (32-5), Division “C” of the Michael Muldoon 2 League Grant, generally located north of Hewitt Street and east of Texas Avenue, with the approximate address being 1306 Texas Avenue.

B.     Hold a public hearing and take action on ZBA10-02 (Wood #2), a variance request to the 20-foot side yard setback requirement (Schedule 125-70.C.) along the northern property line for a proposed accessory structure on property zoned “RSF-20” (Single-family residential with a minimum lot size of 20,000 square feet), legally described as a portion of Lot 32 (32-5), Division “C” of the Michael Muldoon 2 League Grant, generally located north of Hewitt Street and east of Texas Avenue, with the approximate address being 1306 Texas Avenue.

 

 

Zoning Board of Adjustments

Regular Session Agenda, Page 1 of 2

 

 


Page 2 of 2

City of League City

Zoning Board of Adjustments

Regular Session Agenda

February 4, 2010 

6:00 PM

Council Chambers, 200 West Walker Street

 

VI.              Reports from Staff

A.     Zoning Board of Adjustments Training

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 29TH 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 February 04, 2010 at 6:00 P.M.

COUNCIL CHAMBERS

200 WEST WALKER

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

I.                        Call to order and Roll call of members

 

 

Members present:                                                       *Members absent:

James R. Christiansen, Chair                                       Fred Switzer

Hobart Sibley, Alternate 1

Wesley Wray

Ian Evans                                                        

Amy Beasley

Elaine Kosty, Alternate 2

 

*Mr. Switzer was out of town during this meeting.

 

City Representatives:

Oscar Arevalo, Deputy Building Official

Mark Linenschmidt, Senior Planner

Susan Wologo, Recording Secretary

 

II.                         Approval of Minutes

 

A.       January 07, 2010

 

Mr. Wray made a motion to approve the January 07, 2010 minutes as written.

 

Mr. Evans 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 ZBA10-03 (New Hope Baptist Church #1), a variance request to Section 90-140 of the League City Sign Ordinance making it unlawful for any person to erect alter, or relocate within the city, any spectacular sign, with the exception that service displays shall not be prohibited by this section.

B.     Consider and take action on ZBA10-04 (New Hope Baptist Church #2), a variance request to Section 90-140(a) of the League City Sign Ordinance requiring that signs have a concealed light source in addition to prohibiting signs that are moving, flashing, or have intermittently illuminated elements.

C.     Consider and take action on ZBA10-05 (New Hope Baptist Church #3), a variance request  to Section 90-140(b) of the League City Sign Ordinance that prohibits strobe lights, flashing lights. Signs with non-energized signs illuminated from an independent artificial source are also prohibited to glare upon any street, alley, driveway, parking area or adjacent residential property.

D.     Consider and take action on ZBA10-06 (New Hope Baptist Church #4), a variance request to Section 90-140(1)(b) of the League City Sign Ordinance that allow signs to display only the name of the building, the address of the building and/or the name or logo of the primary tenant of the building.

E.     Consider and take action on ZBA10-07 (New Hope Baptist Church #5), a variance request to Section 90-140(1)(j) of the League City Sign Ordinance that allows signs to be illuminated by concealed light sources. Moving, flashing, or intermittently illuminated elements are prohibited. 

Mr. Christiansen made a motion to combine items IV-A, B, C, D and E. 

Mr. Wray seconded the motion. 

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

Mr. Arevalo, Deputy Building Official, came forward and restated the staff report and explained the monument sign that the applicant is requesting affects various sections of the sign ordinance.  He explained that in the past, per an approval from the Board, the Building Department has addressed similar sign requests administratively with certain set standards.  Recently, however, it was decided that each request should come before the Board for approval.

 

Mr. Christiansen announced for the record that Ms. Kosty would be voting in Mr. Switzer’s absence.

Nathan Niemeyer, representing National Signs, came forward and reiterated the request.

Mr. Evans inquired about the sign’s proposed internal lighting.  Mr. Niemeyer stated the proposed internal lighting of the sign is florescent.  Mr. Evans explained that the Board has required LED energy efficient lighting for sign requests in the past.

 

Ms. Kosty inquired if the address would be on the sign.  Mr. Niemeyer confirmed the address will be on the return of the sign.

 

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

 

Mr. Evans made a motion to approve ZBA10-03, 04, 05, 06, 07 with the following conditions:  1) the reader panel timing will be limited so that no display will be less than 8 seconds and all transitions to a new display are not less than 2 seconds; 2) the lighting intensity will automatically be reduced during periods of darkness and at night by 40% 3) address must be clearly displayed on the sign 4) must have energy efficient LED background lighting.

 

Mr. Wray seconded the motion.

 

A discussion was held regarding the motion.

 

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

 

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

   

V.          Public Hearings and Action Items from Public Hearings

 

 A. Hold a public hearing and take action on ZBA10-01 (Wood #1), a variance request to the 20-foot side yard setback requirement (Schedule 125-70.C.) along the northern property line for a proposed expansion of an existing residential structure on property zoned “RSF-20” (Single-family residential with a minimum lot size of 20,000 square feet), legally described as a portion of Lot 32 (32-5), Division “C” of the Michael Muldoon 2 League Grant, generally located north of Hewitt Street and east of Texas Avenue, with the approximate address being 1306 Texas Avenue.

 

Heidi Shannon, Planner with the City, restated the staff report for this item reiterating the applicant’s request.  Ms. Shannon noted the following eight tests for the Commissioner’s consideration: 1) Such variance will not be contrary to the public interest. 2) Such variance will not authorize the operation of a use other than those uses specifically authorized for the district in which the property for which the variance sought is located. 3) Such variance will not substantially or permanently injure the appropriate use of adjacent conforming property in the same district. 4) Such variance will not alter the essential character of the district in which it is located or the property for which the variance is sought. 5) Such variance will be in harmony with the spirit and purposes of this Ordinance. 6) The plight of the owner of the property for which the variance is sought is due to unique circumstances existing on the property, and the unique circumstances were not created by the owner of the property and are not merely financial, and are not due to, or the result of, general conditions in the district in which the property is located. 7) The variance will not substantially weaken the general purposes of this Ordinance or the regulations herein established for the specific district. 8) The variance will not adversely affect the health, safety, and welfare of the public. 

Ms. Shannon further noted  one possible condition should the request be granted: 1) The applicant shall coordinate with the City Arborist while the construction is going on in order to protect the 37.5 caliper oak from being damaged during construction.

 

Steven Scott, applicant, came forward and gave a brief history of the property with details of the proposed request.  Mr. Christiansen inquired about the expansion of the house in regard to the property’s existing pipeline and live Oak in order to establish whether or not a hardship existed. 

 

Ms. Kosty asked Mr. Scott what measures have been taken to protect the Oak tree with regard to the drip line.  Mr. Scott stated the proposed rain gutters will flow away from the tree.  He stated he considers the tree valuable and does not wish to encroach on it or cause any harm to it.  He further added the tree is in the process of being registered with the City’s Live Oak Registry.

 

With no further discussion, Mr. Christiansen opened the public portion of the hearing at 6:36 p.m.

 

Nancy Wood, property owner, was present with neighboring residents Ms. Larimore and Ms. Rhoades who were both in support of the variance.

 

Mr. Christiansen closed the public portion of the meeting at 6:37 p.m.

Ms. Beasley made a motion to approve ZBA10-01 (Wood #1), with the stipulation that protective fencing be installed around the tree drip line during the construction process as recommended by the City Arborist.  

Ms. Kosty seconded the motion.

No discussion was held.

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

 

B.   Hold a public hearing and take action on ZBA10-02 (Wood #2), a variance request to the 20-foot side yard setback requirement (Schedule 125-70.C.) along the northern property line for a proposed accessory structure on property zoned “RSF-20” (Single-family residential with a minimum lot size of 20,000 square feet), legally described as a portion of Lot 32 (32-5), Division “C” of the Michael Muldoon 2 League Grant, generally located north of Hewitt Street and east of Texas Avenue, with the approximate address being 1306 Texas Avenue.

Mr. Scott came forward again to explain the nature of his request.  Ms. Wood also came forward and described the proposed use of the storage structure.

Mr. Christiansen inquired about the proposed placement of the structure.  He established that the structure could not be placed behind the existing structure due to the lack of space, or on the side due to the proposed aerobic septic system, or in the front of the house due to the BP pipeline easement.  Ms. Beasley added that there is also a City drainage easement across the back of the property.

Mr. Christiansen opened the public portion of the hearing at 6:44 p.m.

With no one present from the public to speak on this item, Mr. Christiansen closed the public portion of the hearing at 6:45 p.m. and called for a motion.

Ms. Beasley made a motion to approve ZBA10-02 (Wood #2).

Mr. Evans seconded the motion.

A discussion was held regarding the building codes and the property hardships.

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

 

VI.       Reports from Staff

A.  Zoning Board of Adjustments Training

Mr. Linenschmidt mentioned to the Board that the ZBA training session will be held in lieu of the regularly scheduled March 4th meeting.  He advised that a couple of ZBA requests had been received so would therefore be contacting the Board for a possible March 11th meeting.

VII.     Adjournment

Mr. Evans motioned to adjourn.

Ms. Beasley 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: ___________________