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Zoning Board of Adjustments /

building and standards commission

Regular Session Agenda

October 7, 2010

6:00 PM

City Council Chambers

200 West Walker Street

 

 

 

 

 

 

 

I.                   Call to order and Roll call of members

II.                Approval of Minutes

A.     September 2, 2010

III.             The Swearing in of Speakers and Witnesses

IV.              Items Tabled and Subject to Recall

A.  Consider and take action on ZBA10-20 (Big League Dreams Sign), a variance request to Sections 90-110(b)(3), 90-107(7), 90-103(a), and 90-144 of the Sign Ordinance limiting the size of a free-standing sign to 220 square feet within 800 feet of the Interstate 45 Highway centerline; prohibition of stereopticon or motion picture machines used in conjunction with or attached to a sign that is visible from a public street or sidewalk; prohibition of any portion of a sign to project or extend over any public sidewalk, street or alley, or other public property; and the prohibition of any additional billboards within the city.

V.                 New Business

A.  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.

VI.              Public Hearings

A.     Hold a public hearing and take action on ZBA10-26 (2009 Hawaii Avenue), to set a date before the Building Standards Commission in which to hold a public hearing on the property to determine whether a building or structure is a dangerous building.

B.     Hold a public hearing and make a recommendation to City Council regarding amendments to Chapter 90, Article I, Sections 90-1 thru 90-196 of the League City Code of Ordinances related to the regulations of Signs within the city limits of League City.

VII.           Other Business

A.     Consider and take action on amending the Policies and Procedures for the Zoning Board of Adjustments to include rules and procedures for hearings before the Building and Standards Commission.

B.     Consider and take action on the Zoning Board of Adjustments Meeting Dates for 2011.

 

VIII.        Adjournment

 

THE BOARD RESERVES THE RIGHT TO HEAR ANY OF THE ABOVE DESCRIBED AGENDA ITEMS THAT QUALIFY FOR AN EXECUTIVE SESSION, IN AN EXECUTIVE SESSION BY PUBLICLY ANNOUNCING THE APPLICABLE SECTION NUMBER OF THE OPEN MEETINGS ACT, (CHAPTER 551 OF THE TEXAS GOVERNMENT CODE, SPECIFICALLY INCLUDING CHAPTER 551.071 “CONSULTATION WITH ATTORNEY”), THAT JUSTIFIES EXECUTIVE SESSION TREATMENT.

 

Page 2 of 2

City of League City

Zoning Board of Adjustments

Regular Session Agenda

October 7, 2010 

6:00 PM

Council Chambers, 200 West Walker Street

 

 

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 OCTOBER, 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.

 

NOTICE IS HEREBY GIVEN THAT THE PRESENCE OF A QUORUM OF THE MEMBERS OF CITY COUNCIL AT ANY TIME DURING THE COURSE OF THE ABOVE-REFERENCED PROCEEDING MAY CONSTITUTE A MEETING OF CITY COUNCIL PURSUANT TO THE TEXAS OPEN MEETINGS ACT, CHAPTER 551 OF THE TEXAS GOVERNMENT CODE.  BY THIS NOTICE, THE PUBLIC IS HEREBY ADVISED OF SAID MEETING NOT LESS THAN 72 HOURS IN ADVANCE OF THE DATE, TIME AND LOCATION NOTED ABOVE.

 

 

 

 

 

__________________________________________

LaSHONDRA HOLMES, AICP

PLANNING MANAGER

 

MINUTES

CITY OF LEAGUE CITY

ZONING BOARD OF ADJUSTMENTS

REGULAR SESSION

THURSDAY October 07, 2010 at 6:00 P.M.

City Council Chambers

200 WEST WALKER

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

Call to order and Roll call of members

 

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

 

Members present:                                                       *Members absent:

Ian Evans, Acting Chair                                                          *James R. Christiansen

Richard Stephenson                                                    *Fred Switzer

Elaine Kosty                                                               *Amy Beasley

 

*Mr. Christianson and Mr. Switzer were out of town for this meeting.  

*Ms. Beasley had an unexpected scheduling conflict.

 

With only three members present, the City Attorney, Steve Weathered, advised Mr. Evans that a quorum of 4 would be needed to address the Zoning Board of Adjustments items; however the Building and Standards Commission items could be addressed with a quorum of only 3 members.  Mr. Evans announced that the Board would therefore address the Building and Standards Commission items first and advised that should a quorum of 4 be met upon the arrival of a fourth member, then the ZBA items would be addressed at that time.

 

 

City Representatives:

Tony Allender, Director of Planning and Research

LaShondra Holmes, Planning Manager

Mark Linenschmidt, Senior Planner

Oscar Arevalo, Building Official

R.J. Davidson, Building Inspector

Susan Wologo, Recording Secretary

Stephen Weathered, City Attorney

Arnold Polanco, City Attorney

 

 

Approval of Minutes

 

 

A.  September 02, 2010

 

A quorum of the Board was not present to address this item.

 

Swearing in of Witnesses

 

The Zoning Board of Adjustments 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 ZBA10-20 (Big League Dreams Sign), a variance request to Sections 90-110(b)(3), 90-107(7), 90-103(a), and 90-144 of the Sign Ordinance limiting the size of a free-standing sign to 220 square feet within 800 feet of the Interstate 45 Highway centerline; prohibition of stereopticon or motion picture machines used in conjunction with or attached to a sign that is visible from a public street or sidewalk; prohibition of any portion of a sign to project or extend over any public sidewalk, street or alley, or other public property; and the prohibition of any additional billboards within the city.

 

A quorum of the Board was not present to address this item.

 

V.        New Business

 

 A.  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.

 

A quorum of the Board was not present to address this item.

 

Public Hearings

 

Hold a public hearing and take action on ZBA10-26 (2009 Hawaii Avenue), to set a date before the Building Standards Commission in which to hold a public hearing on the property to determine whether a building or structure is a dangerous building.

 

Oscar Arevalo, Building Official, referred to the staff report and gave a brief history of the property stating the subject building was an older mobile home with some additions to the front and back of the structure.  He explained a fire occurred and did substantial damage to the building.  He said after an inspection was conducted, it was determined that the structure was unfit for human habitation and a danger to the community and should therefore be declared a building to be demolished.  He said the homeowners have been very cooperative throughout the process and have initiated removal of the mobile home.

 

The City Attorney asked Mr. Arevalo if his testimony was true and correct.  Mr. Arevalo responded affirmatively.  He further asked Mr. Arevalo a series of questions.   

 

1.      Have the Homeowners received notice of the hearing? 

2.      Has the inspection report been filed at the City offices for public inspection,

3.      Were the violations found, numbers 1-13, on the dangerous building checklist?

4.      Have the Homeowners expressed a willingness to take care of the property?

5.      The Homeowners have no problems with the reported violations?

 

Mr. Arevalo responded affirmatively to each question.

 

Mr. Arevalo stated that the Homeowners have limited resources but have done a substantial amount of work on the property with only the debris remaining.

 

Mr. Evans opened the public portion of the meeting at 6:25 p.m. and swore in Ms. Bonilla.

 

Maria Bonilla, future daughter-in-law to Mr. and Mrs. Puentes asked if the Board would grant a two month extension for the removal of the debris as Mr. and Mrs. Puentes are not financially able to have the debris removed at this time.

 

Mr. Arevalo explained that staff will need to move forward and set the public hearing for next month as it is still a dangerous situation.  He explained it’s not a deadline; it’s only the public hearing date that is being set.

 

With no further comments from the public, Mr. Evans closed the public portion of the hearing at 6:29 p.m. then called for a motion.

 

Ms. Kosty made a motion to hold the public hearing at the next Building and Standards Commission’s regularly scheduled meeting of November 4th, 2010.

 

Mr. Stephenson seconded the motion.

 

The motion passed with a vote of 3-0-0.

 

B.  Hold a public hearing and make a recommendation to City Council regarding amendments to Chapter 90, Article I, Sections 90-1 thru 90-196 of the League City Code of Ordinances related to the regulations of Signs within the city limits of League City.

LaShondra Holmes, Planning Manager, referred to the staff report to discuss proposed amendments to the League City Code of Ordinances relating to sign regulations.    

A brief discussion was held regarding the changes including positive comments from Board Members.

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

With no comments from the public, Mr. Evans closed the public portion of the hearing at 6:45 p.m. then called for a motion.

Ms. Kosty made a recommendation to adopt the proposed amendments to Chapter 90, Article I, Sections 90-1 thru 90-196 of the League City Code of Ordinances related to the regulations of Signs within the city limits of League City.

Mr. Stephenson seconded the motion.

The motion passed with a vote of 3-0-0.

 

Other Business

 

A.     Consider and take action on amending the Policies and Procedures for the Zoning Board of Adjustments to include rules and procedures for hearings before the Building and Standards Commission.

 

Mark Linenschmidt, Senior Planner, explained that at the request of the City Attorney, the Policies and Procedures for the Zoning Board of Adjustments are being revised with some revisions relating to the ZBA and with the vast majority of the proposed revisions relating to the Building and Standards Commission.  He also noted the proposed time period for an appeal date is being revised from a 90 day period to 10 day period.

 

Mr. Weathered directed the Boards attention to pages 4-6 of the Policies and Procedures located in their packet to address proposed amendments to include Building and Standards Commission procedures and rules.  He briefly discussed the amendments and explained that by statute, it’s a requirement to have rules and procedures in place before conducting a Building and Standards Commission hearing. 

 

With no further discussion, Mr. Evans made a motion to accept the amendments to the Policies and Procedures for the Zoning Board of Adjustments to include rules and procedures for hearings before the Building and Standards Commission.

 

Ms. Kosty seconded the motion.

 

The motion passed with a vote of 3-0-0.

 

B.     Consider and take action on the Zoning Board of Adjustments Meeting Dates for 2011.

 

Mr. Linenschmidt presented the Zoning Board of Adjustments Meeting Dates for 2011.

 

Mr. Stephenson made a motion to accept the Zoning Board of Adjustments Meeting Dates for 2011.

 

Ms. Kosty seconded the motion.

 

The motion passed with a vote of 3-0-0.

 

 

Adjournment

 

Mr. Stephenson motioned to adjourn the meeting.

 

Ms. Kosty seconded the motion.

 

Mr. Evans adjourned the meeting at 6:48 p.m.

 

 

 

 

 

 

___________________________________              ______________________________

Mark Linenschmidt                                                    Ian Evans

Senior Planner                                                                       Acting Chair, Zoning Board of Adjustment                         

Date minutes approved: ___________________