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AMENDED AGENDA OF Zoning Board of Adjustments / building and standards commission

Regular  Session Agenda

August 5, 2010

6:00 PM

Johnnie Arolfo Civic Center

400 West Walker Street

 

 

 

 

 

 

 

 

 

 

 

 

 

I.                   Call to order and Roll call of members

II.        Approval of Minutes

A.     July 8, 2010

III.       The Swearing in of Speakers and Witnesses

IV.              New Business

A.     Consider and take action on ZBA10-15 (Wings N More Wall Sign), a variance request to Section 90-110(a)(3) of the Sign Ordinance limiting a business on a corner of two or more streets to a maximum of two wall signs.

B.     Consider and take action on ZBA10-16 (Wings N More Pole Sign), a variance request to Section 90-110(c)(2) of the Sign Ordinance limiting the amount of ground signs for an integrated business development.

C.     Consider and take action on ZBA10-20 (Big League Dreams), a variance request to Section 90-110(b)(3), 90-107, 90-103, and 90-144 of the Sign Ordinance discussing signs in interstate highway corridors, prohibited signs, projections, and billboards.

V.                 Public Hearings and Action Items from Public Hearings

 

A.     Hold a public hearing and take action on ZBA10-19 (Kuehn), a variance request to Section 125-120.A. requiring a primary structure be constructed previous to an accessory structure on property zoned “CN-RNC” (Neighborhood Commercial with a Residential Neighborhood Conservation) Overlay, legally described as Lots 9 and 10, Block 1 of the Hough Subdivision, generally located south of FM 518 and east of Kansas Avenue, with the approximate address being 818 Lewis Street.

B.     Hold a public hearing and take action on ZBA10-21 (202 Coryell Ct. #9), to determine whether a building or structure is a dangerous building and possibly to determine a date in which to hold a hearing on the property before the Building Standards Commission.

C.     Hold a public hearing and take action on ZBA10-22 (202 Coryell Ct. #10), to determine whether a building or structure is a dangerous building and possibly to determine a date in which to hold a hearing on the property before the Building Standards Commission.

VI.              Other Business

A.     Recognition of Mr. Wesley Wray for his many years of service on the Zoning Board of Adjustments and to the City of League City.

VII.           Executive (CLOSED) Session

A.     Consult with attorney, to receive legal advice only in relation to legal issues and questions associated with regulation of dangerous structures, pursuant to Section 551.071 of the Texas Government Code.

VIII.        Action Items from Executive Session

A.     Consider and take all appropriate action for proposed amendment/revisions and update of Chapter 22, Article VII, “Unsafe Buildings Dangerous Building Code” for recommendation to City Council.

IX.              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 2ND DAY OF AUGUST, 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   AND WORKSHOP SESSION

THURSDAY August 05, 2010 at 6:00 P.M.

Johnnie Arolfo Civic Center

400 WEST WALKER

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

I.       Call to order and Roll call of members

 

Mr. Christiansen called the meeting to order at 6:05 p.m.

 

Members present:                                                      *Members absent:

James R. Christiansen, Chair                                        Amy Beasley

Fred Switzer                                                                 Elaine Kosty, Alternate 2

Ian Evans

Richard Stephenson, Alternate 1

 

*Ms. Beasley was away on business.  

 

City Representatives:

Wes Morrison, Senior Planner

Oscar Arevalo, Building Official

Mark Stelly, Code Enforcement Coordinator

Susan Wologo, Recording Secretary

Steve Weathered, City Attorney

 

II.        Approval of Minutes

 

B.       July 08, 2010

 

Mr. Evans made a motion to approve the July 08, 2010 minutes as written.

 

Mr. Switzer seconded the motion.

 

The motion passed unanimously with a vote of 4-0-0.

 

 

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 ZBA10-15 (Wings N More Wall Sign), a variance request to Section 90-110(a)(3) of the Sign Ordinance limiting a business on a corner of two or more streets to a maximum of two wall signs.

Oscar Arevalo, Building Official, restated the staff report for this item and explained that the applicant’s request is to add an additional sign at the rear of the building for exposure to the freeway.  

Gary Grote, Attorney representing Wings N More, came forwarded and was sworn in by Mr. Christiansen as he was not present during the Swearing in of Witnesses.

In a discussion, Mr. Grote explained the additional sign is for exposure for northbound traffic on the freeway.  He explained that the current signs are not visible to traffic on the freeway and believes that the unique configuration and of the building and lack of visibility may have contributed to the failure of previous businesses at this location. 

Mr. Christiansen called for a motion.

Mr. Switzer made a motion to approve ZBA10-15 (Wings N More Wall Sign).

Mr. Evans seconded the motion.

A discussion was held regarding the size of the proposed sign.  

The motion passed unanimously with a vote of 4-0-0.

 

B.     Consider and take action on ZBA10-16 (Wings N More Pole Sign), a variance request to Section 90-110(c)(2) of the Sign Ordinance limiting the amount of ground signs for an integrated business development.

Oscar Arevalo restated the staff report for this item and explained that the applicant’s request for a freestanding sign, only advertising their business, is contrary to what the City’s sign ordinance allows.  The City’s sign ordinance allows for one freestanding community sign for integrated business developments of two or more separate businesses. Businesses in an integrated business development may advertise on a multi-tenant sign.

In a discussion, Mr. Grote referred to Section 90-110(b)(3) of the Code of Ordinances to explain that the proposed sign would be allowed since the code states that any business that has two hundred feet or more of property frontage may be allowed an additional ground sign with an area of up to one hundred square feet.   He believes this section of the code allows for the sign itself so the variance request is actually for the additional sign area.  He said their request is for a sign area of 216 square feet and the code only allows for a sign area of 100 square feet.  Mr. Arevalo explained that staff’s interpretation of the section of the ordinance referred to by Mr. Grote applies to individual businesses only.

 

After further discussion, Mr. Grote asked to withdraw his request and advised he would reapply and come back before the board at a later date. 

Mr. Christiansen noted for the record the applicant’s request to withdraw item IV-B.

 

C.     Consider and take action on ZBA10-20 (Big League Dreams), a variance request to Section 90-110(b)(3), 90-107, 90-103, and 90-144 of the Sign Ordinance discussing signs in interstate highway corridors, prohibited signs, projections, and billboards.

 Mr. Christiansen noted that this item was tabled by the applicant and will be brought back at a future date.

V.                Public Hearings and Action Items from Public Hearings

 

 

Mr. Christiansen opened the public portion of the hearings at 6:45 p.m.

 

A.      Hold a public hearing and take action on ZBA10-19 (Kuehn), a variance request to Section 125-120.A. requiring a primary structure be constructed previous to an accessory structure on property zoned “CN-RNC” (Neighborhood Commercial with a Residential Neighborhood Conservation) Overlay, legally described as Lots 9 and 10, Block 1 of the Hough Subdivision, generally located south of FM 518 and east of Kansas Avenue, with the approximate address being 818 Lewis Street.

Wes Morrison, Senior Planner with the City, reviewed the staff report including eight variance test criteria for the Board’s consideration.  He noted that should the Board find that all variance criteria has been met, staff recommends that the following condition be placed on the approval:

1.  Lots 9 and 10 are platted as one lot before a building permit is issued for the accessory structure and swimming pool.

 

Mr. Christiansen called for the applicant.  Kathy Kuehn came forward and answered questions from Board members.

 

A discussion was held regarding the proposed use of the property.  Mr. Morrison noted that test #2 of the staff report states that a variance will not authorize the operation of a use other than those uses authorized in the district in which the property is located.  Steve Weathered, City Attorney, said that according to the way the ordinance is written, in order to grant the variance, all eight tests must be affirmatively determined by the Board.  He referred to test #2 of the staff report and added that it is his understanding that the Zoning Board of Adjustments does not have the power to vary a use.   He said that if (the structure) is not an accessory structure and is a residence then there is not a use issue.   Mr. Morrison added that if the lot is platted with a lot that has a primary structure then the variance is not necessary.           

 

A discussion was held regarding building code requirements and the definition of a primary structure.   

 

After determining that all eight variance test criteria had not been met, the Board discussed with the applicant her different options including tabling the item, withdrawing the item, or having the Board make a decision.  

 

In a discussion, Ms. Kuehn referred to test criteria #2 which had not been met.  Mr. Weathered, City Attorney, reminded Ms. Kuehn that the Board must make the determination that all eight test criteria have been met.  He said the request is for a use variance which would not be allowed by law.  He explained that the Board can vary conditions but it cannot change use determinations; it is a legislative determination made by City Council.  A discussion continued regarding the applicant’s options.

 

Mr. Christiansen called for a motion.

 

Mr. Evans made a motion to deny ZBA10-19 (Kuehn).

 

Mr. Stephenson seconded the motion.

 

A discussion was held regarding the motion.

 

The motion to deny the request passed unanimously with a vote of 4-0-0.

                                                                                                                                                                                                                                                                                                                                                                                                      

B.     Hold a public hearing and take action on ZBA10-21 (202 Coryell Ct. #9), to determine whether a building or structure is a dangerous building and possibly to determine a date in which to hold a hearing on the property before the Building Standards Commission.

C.     Hold a public hearing and take action on ZBA10-22 (202 Coryell Ct. #10), to determine      whether a building or structure is a dangerous building and possibly to determine a date in which to hold a hearing on the property before the Building Standards Commission.

Mr. Christiansen made a motion to combine items V-B and V-C.

Mr. Switzer seconded the motion.

The motion passed with a vote of 4-0-0.

Mark Stelly, Code Enforcement Coordinator, requested the Board and staff determine a date to hold a public hearing to determine whether a building or structure at 202 Coryell #9 and #10 is a dangerous building.  He added that should the property owner satisfy the City’s requirements before the hearing, the hearing date would then be canceled.

Mr. Switzer made a motion to hold a public hearing for ZBA10-21 (202 Coryell Ct. #9) and ZBA10-22 (202 Coryell Ct. #10) on Thursday, August 19, 2010 at 6:00 p.m. to determine whether a building or structure is a dangerous building.

Mr. Stephenson seconded the motion.

The motion passed unanimously with a vote of 4-0-0.

Mr. Christiansen closed the public portion of the hearing at 7:26 p.m.

VI.       Other Business

 

D.     Recognition of Mr. Wesley Wray for his many years of service on the Zoning Board of Adjustments and to the City of League City.

Mr. Wray was not able to attend the meeting but Mr. Christiansen recognized his many years of service to the City of League City.  An engraved clock purchased by the City was displayed at the meeting and will be presented to Mr. Wray at a later date.

VII.     Executive (CLOSED) Session

 

 

A.  Consult with attorney, to receive legal advice only in relation to legal issues and questions associated with regulation of dangerous structures, pursuant to Section 551.071 of the Texas Government Code.

XIII.    Action Items from Executive Session

 

A.  Consider and take all appropriate action for proposed amendment/revisions and update of Chapter 22, Article VII, “Unsafe Buildings Dangerous Building Code” for recommendation to City Council.

IX.       Adjournment

 

Mr. Evans made a motion to adjourn the meeting.

 

Mr. Christiansen seconded the motion.

 

The motion passed unanimously and Mr. Christiansen adjourned the meeting at 8:16 p.m.

 

 

___________________________________              ______________________________

Wes Morrison                                                             James R. Christiansen

Senior Planner                                                           Chair, Zoning Board of Adjustment                         

Date minutes approved: ___________________