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Zoning Board of Adjustments /

building and standards commission

Special Session Agenda

March 11, 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.      February 4, 2010

III.             The Swearing in of Speakers and Witnesses

IV.              New Business

A.      Consider and take action on ZBA10-11 (European Wax Center), a variance request to Section 90-110(a)(1) of the Sign Ordinance limiting each business to one permanent wall sign with an allowable total sign area of 1 ½ square feet for each linear foot of building frontage.

B.      Consider and take action on ZBA10-12 (Hampton Inn #1), a variance request to Section 90-110(a)(1) of the Sign Ordinance limiting each business to one permanent wall sign with an allowable total sign area of 1 ½ square feet for each linear foot of building frontage.

C.      Consider and take action on ZBA10-13 (Hampton Inn #2), a variance request to Section 90-110(b)(2) of the Sign Ordinance requiring that each sign must be located on site where goods or services are offered.

V.                 Public Hearings and Action Items from Public Hearings

A.      Hold a public hearing and take action on ZBA10-08 (Headcovers Unlimited), a variance request to the 15-foot side yard setback requirements (Schedule 125-72.C) for a retail use on property zoned “CN” (Neighborhood Commercial), legally described as Lots 5, 6 and a portion of Lot 4, Block 3, of the Hough Subdivision generally located south of Lewis Street and east of Iowa Avenue with the approximate address being 214 South Iowa Avenue.

B.      Hold a public hearing and take action on ZBA10-09 (Sanders #1), a variance request to the requirement (Section 125-120.B.1.) that a pool [accessory structure] is not permitted within the front yard setback on property zoned “RSF-7” (Single-family residential with a minimum lot size of 7,000 square feet), legally described as Lot 18R and a portion of Lot 23 of the Glen Cove Subdivision, generally located south of Knollwood Avenue and west of Glen Cove Boulevard, with the approximate address being 2015 Knollwood Avenue.

C.      Hold a public hearing and take action on ZBA10-10 (Sanders #2), a variance request to the requirement (Section 125-120.B.1.) that a fence is not permitted within the required front yard setback on property zoned “RSF-7” (Single-family residential with a minimum lot size of 7,000 square feet), legally described as Lot 18R and a portion of Lot 23 of the Glen Cove Subdivision, generally located south of Knollwood Avenue and west of Glen Cove Boulevard, with the approximate address being 2015 Knollwood 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 8TH DAY OF MARCH, 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 March 11, 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 6:01 p.m.

 

Members present:                                                       *Members absent:

James R. Christiansen, Chair                                       Fred Switzer

Wesley Wray

Ian Evans

Amy Beasley                                                  

Elaine Kosty, Alternate 1

 

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

 

*Mr. Christiansen announced that Ms. Kosty (Alternate 1) would be voting in Mr.  Switzer’s absence.

 

*Ms. Kosty left the meeting at 7:29 p.m. and returned at 7:35 p.m.

 

City Representatives:

Mark Stelly, Building Official

Mark Linenschmidt, Senior Planner

Heidi Shannon, Planner

Susan Wologo, Recording Secretary

 

II.    Approval of Minutes

 

A.       February 04, 2010

 

Mr. Evans made a motion to approve the February 04, 2010 minutes as written.

 

Mr. Wray 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

 

B.     Consider and take action on ZBA10-11 (European Wax Center), a variance request to Section 90-110(a)(1) of the Sign Ordinance limiting each business to one permanent wall sign with an allowable total sign area of 1 ½ square feet for each linear foot of building frontage.

Building Official Mark Stelly restated the staff report for this item stating the applicant is requesting to place a sign on the back side of their business which is in opposition to what the Sign Ordinance allows.  The Sign Ordinance allows for only one sign on the main frontage of the business except when a business is situated on a corner of two streets or at a corner of a shopping center.

A discussion was held regarding the sign request. Ms. Kosty inquired about other local business signage and commented that the additional signage would be advantageous to the business as well as informative to customers trying to locate the building.  She further added that there would not be a lighting issue since there is no surrounding neighborhood. A discussion continued regarding the Sign Ordinance and other local business signage.  Mr. Stelly explained that the Sign Ordinance was put in place to protect the living conditions of single family residences and added that it is not an issue since the property does not directly abut residential property.

Nathan Niemeyer with National Signs and Owner Mark Headburg came forward and reiterated their reasons for the variance request.  They explained that without the additional signage they believe they would be missing out on potential customers who travel the ring road around the Victory Lakes Town Center. 

Mr. Christiansen called for a motion.

Mr. Evans made a motion to approve ZBA10-11 (European Wax Center) with the understanding that the approval would be granted on the basis that the business is facing commercial and not residential property and that the sign would contain LED lighting.  

Ms. Kosty seconded the motion.

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

C.     Consider and take action on ZBA10-12 (Hampton Inn #1), a variance request to Section 90-110(a)(1) of the Sign Ordinance limiting each business to one permanent wall sign with an allowable total sign area of 1 ½ square feet for each linear foot of building frontage.

Mr. Stelly restated the staff report for this item and explained that the applicant is requesting to install a wall sign that exceeds the square feet allowed by the sign ordinance.  The ordinance allows for a total area of 101.6 square feet.  The applicant is requesting a total area wall sign of 142 square feet.  A discussion followed regarding the proposed sign details.

Mr. Christiansen asked for the applicant to come forward.  There was no Representative present to speak on this item.

Mr. Stelly referred to the sign drawing exhibits to further discuss the proposed sign request.

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

Mr. Evans made a motion to deny ZBA10-12 (Hampton Inn #1) as no hardship was proven.

Ms. Beasley seconded the motion.

No discussion was held.

The motion to deny the request passed unanimously with a vote of 5-0-0.

 

D.     Consider and take action on ZBA10-13 (Hampton Inn #2), a variance request to Section 90-110(b)(2) of the Sign Ordinance requiring that each sign must be located on site where goods or services are offered.

Mr. Stelly restated the staff report for this item and explained that since the location of the proposed sign is on the adjacent parcel it is considered an off-premise sign.  The Sign Ordinance requires that each sign must be located on site where goods or services are offered, Section 90-110(b)(2).

A discussion was held regarding various signage options.

Mr. Christiansen called for a motion.

Ms. Beasley made a motion to deny ZBA10-13 (Hampton Inn #2).

Mr. Evans seconded the motion.

A discussion was held regarding the motion.

The motion to deny the request passed unanimously with a vote of 5-0-0.

 

V.    Public Hearings and Action Items from Public Hearings

 

D.     Hold a public hearing and take action on ZBA10-08 (Headcovers Unlimited), a variance request to the 15-foot side yard setback requirements (Schedule 125-72.C) for a retail use on property zoned “CN” (Neighborhood Commercial), legally described as Lots 5, 6 and a portion of Lot 4, Block 3, of the Hough Subdivision generally located south of Lewis Street and east of Iowa Avenue with the approximate address being 214 South Iowa Avenue.

Ms. Shannon, Planner with the City, restated the staff report for this item and gave a brief history of the property. She listed three site related constraints as the applicant’s basis for the proposed expansion including compromised structure efficiency, protected trees and parking.

Keith Yates, applicant, came forward and answered questions from Board members.  A discussion was held regarding the property hardships.

Mr. Christiansen opened the public portion of the hearing at 6:55 p.m.

With no one present from the public to speak on this item, Mr. Christiansen closed the public portion of the hearing at 6:56 p.m. and called for a motion.

Ms. Beasley made a motion to approve ZBA10-08 (Headcovers Unlimited) based on the property hardships.

Ms. Kosty seconded the motion.

No discussion was held.

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

 

E.     Hold a public hearing and take action on ZBA10-09 (Sanders #1), a variance request to the requirement (Section 125-120.B.1.) that a pool [accessory structure] is not permitted within the front yard setback on property zoned “RSF-7” (Single-family residential with a minimum lot size of 7,000 square feet), legally described as Lot 18R and a portion of Lot 23 of the Glen Cove Subdivision, generally located south of Knollwood Avenue and west of Glen Cove Boulevard, with the approximate address being 2015 Knollwood Avenue.

Mr. Linenschmidt, Senior Planner with the City restated the staff report for this item and gave a brief history of the property. 

A discussion was held regarding the details of the building permit approval and the proposed pool location.

Ms. Kosty requested to combine items V-B and V-C for consideration.  A brief discussion followed.

Mr. Evans made a motion to combine items V-B and V-C for consideration.

Mr. Wray seconded the motion.

The motion passed unanimously.

Mr. Christiansen called for the applicant.  Bruce Monical of Bruce Monical Design came forward representing the applicant.

Mr. Evans inquired about the proposed pool location.  Mr. Monical explained the house was designed to take advantage of the view to the Lake with the pool being part of the view as well.  Mr. Christiansen inquired as to if a hardship existed. Mr. Monical explained that throughout the permitting process and although the pool was shown on building plans, it was never indicated by City Staff that there would be an issue with the location of the pool.

A discussion was held regarding the location of the pool and the fence in regard to the property Setbacks.

Mr. Christiansen opened the public portion of the hearing at 7:26 p.m.  The following Citizens came forward to speak on this item:

Leslie Carpenter, 2010 Knollwood was in favor of the variance.

*Mr. Christiansen interrupted the meeting briefly to ask Ms. Kosty if she would be leaving the meeting early as she had informed him previously she would be making a hospital visit.  Ms. Kosty confirmed she would be leaving early and inquired if there would be a voting issue.  Mr. Christiansen confirmed there was a quorum so there would not be a voting issue.  Ms. Kosty excused herself from the meeting at 7:29 p.m.

Donald “Bubba” Davis and Teddy Smentek, 1931 Cove Park Dr. was in favor of the variance.

Scott Freudenburg, President of Glen Cove HOA, 2108 Sierra St. was in favor of the variance.

*Mr. Christiansen announced for the record that Ms. Kosty returned to the meeting at 7:35 p.m.

Toni Randall, 2142 Cove Park Dr. was in favor of the variance.

With no further comments from the public, Mr. Christiansen closed the public portion of the hearing at 7:36 p.m. and called for a motion.

Ms. Beasley made a motion to approve ZBA10-09 (Sanders #1) and ZBA10-10 (Sanders #2).

Ms. Kosty seconded the motion.

A discussion was held regarding the motion.

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

F.      Hold a public hearing and take action on ZBA10-10 (Sanders #2), a variance request to the requirement (Section 125-120.B.1.) that a fence is not permitted within the required front yard setback on property zoned “RSF-7” (Single-family residential with a minimum lot size of 7,000 square feet), legally described as Lot 18R and a portion of Lot 23 of the Glen Cove Subdivision, generally located south of Knollwood Avenue and west of Glen Cove Boulevard, with the approximate address being 2015 Knollwood Avenue.

Item ZBA10-09 and ZBA10-10 were voted on jointly and approved unanimously with a vote of 5-0-0.

         

VI.             Adjournment

Mr. Evans motioned to adjourn the meeting.

Ms. Beasley seconded the motion.

Mr. Christiansen adjourned the meeting at 7:40 p.m.

 

 

___________________________________                ______________________________

Mark Linenschmidt                                                      James R. Christiansen

Senior Planner                                                             Chair, Zoning Board of Adjustment               

Date minutes approved: ___________________