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Zoning Board of Adjustments /

building and standards commission

Special Session Agenda

May 19, 2011

5:00 PM

City Council Chambers

200 West Walker Street

 

 

 

 

 

 

 

 

 

 

 

 

I.       Call to order and Roll call of members

II.      The Swearing in of Speakers and Witnesses

III. Public Hearings and Action Items from Public Hearings

A.     Hold a public hearing and take action on Zoning Board of Adjustments Application ZBA11-14 (League City Retail), a variance request to the 15-foot side yard setback requirement (Section 125-72.C.) on approximately 8.6 acres, zoned “CG” (General Commercial), legally described as Lot 4 of the League City Retail Subdivision, generally located south of Farm to Market Road 646 and east of Interstate 45 Highway, with the approximate address being in the 3200 block of Gulf Freeway South.

B.     Hold a public hearing and take action on Zoning Board of Adjustments Application ZBA11-16 (Aztec Bolting #1), a variance request to the requirement (Section 125-72.C.(7)(b)) that a continuous row of shrubs be placed within a required 10-foot landscape setback on approximately 1.0 acres, zoned “CM” (Commercial Mixed Use), legally described as Lots 7-12 of the Interurban Addition, generally located north of 4th Street and east of Dallas Avenue with the approximate address being 520 Dallas Avenue.

C.     Hold a public hearing and take action on Zoning Board of Adjustments Application ZBA11-17 (Aztec Bolting #2), a variance request to the requirement (Section 125-170.I.(a)) that a continuous row of shrubs be placed to screen parking areas and parking access aisles parallel to and within 75-feet of rights-of-way on approximately 1.0 acres, zoned “CM” (Commercial Mixed Use), legally described as Lots 7-12 of the Interurban Addition, generally located north of 4th Street and east of Dallas Avenue with the approximate address being 520 Dallas Avenue.

IV. New Business

 

A. Consider and take action on a Zoning Board of Adjustments Application ZBA11-15 (Gulf Coast Palapas), a general appeal by Gulf Coast Palapas to the interpretation by the Building Official that palm fronds are not an acceptable roofing material within 10 feet of another structure based on the 2006 International Residential Code and City Policy.

V.                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 16TH DAY OF MAY, 2011 BY 5 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. 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 / Building Standards Commission

Special Session Agenda

May 19, 2011 

5:00 PM

Council Chambers, 200 West Walker Street

 

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.

 

 

 

__________________________________________                                              __________________________________________               

MARK LINENSCHMIDT, AICP                                                                   OSCAR AREVALO, CBO

SENIOR PLANNER                                                                                          BUILDING OFFICIAL

 

MINUTES

CITY OF LEAGUE CITY

ZONING BOARD OF ADJUSTMENTS/

BUILDING AND STANDARDS COMMISSION

SPECIAL MEETING

THURSDAY May 19, 2011 at 6:00 P.M.

City Council Chambers

200 WEST WALKER

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

I.                   Call to order and Roll call of members

 

Mr. Christiansen called the meeting to order at 5:07 p.m.

 

Members present:                                                       *Members absent:

James R. Christiansen, Chair                                       Melvin Bogus

Amy Beasley                                                               Janet Alleman

Richard Stephenson                                                     

Elaine Kosty                                                   

Vaness Hamilton

          

 

*Mr. Bogus and Ms. Alleman were absent due to personal business.

 

Ms. Hamilton was activated from an alternate to a voting member for this meeting.

 

City Representatives:

LaShondra Holmes, Planning Manager

Oscar Arevalo, Building Official

R.J. Davidson, Building Inspector

Wanda Martin, Fire Marshal

Steve Weathered, City Attorney

Susan Wologo, Recording Secretary

 

 

 

II.                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.  He further stated 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. 

 

III.             Public Hearings and Action Items from Public Hearings

 

Mr. Christiansen opened the public hearings at 5:09 p.m.

 

A.     Hold a public hearing and take action on Zoning Board of Adjustments Application ZBA11-14 (League City Retail), a variance request to the 15-foot side yard setback requirement (Section 125-72.C.) on approximately 8.6 acres, zoned “CG” (General Commercial), legally described as Lot 4 of the League City Retail Subdivision, generally located south of Farm to Market Road 646 and east of Interstate 45 Highway, with the approximate address being in the 3200 block of Gulf Freeway South.

LaShondra Holmes, Planning Manager, restated the staff report for this item and reviewed all eight tests for granting of a variance within the staff report for the Commissioner’s consideration.  She further added that should the request be approved, staff recommends the following condition:

1.        The variance would be limited to the common property lines between the proposed subdivided lots for Lot 4, as shown on the proposed plat on Attachment #6.

Mr. Christiansen asked if there was anyone from the public who wished to speak on this item.  No one came forward.

Mr. Christiansen called for a motion.

Mrs. Kosty made a motion to approve ZBA11-14 (League City Retail) with the condition recommended by staff.

Mr. Stephenson seconded the motion.

No discussion was held.

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

BHold a public hearing and take action on Zoning Board of Adjustments Application ZBA11-16 (Aztec Bolting #1), a variance request to the requirement (Section 125-72.C.(7)(b)) that a continuous row of shrubs be placed within a required 10-foot landscape setback on approximately 1.0 acres, zoned “CM” (Commercial Mixed Use), legally described as Lots 7-12 of the Interurban Addition, generally located north of 4th Street and east of Dallas Avenue with the approximate address being 520 Dallas Avenue.

Mr. Christiansen made a motion to consolidate items III-B and III-C for the Commissioner’s consideration.

Mrs. Kosty seconded the motion.

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

C.  Hold a public hearing and take action on Zoning Board of Adjustments Application ZBA11-17 (Aztec Bolting #2), a variance request to the requirement (Section 125-170.I.(a)) that a continuous row of shrubs be placed to screen parking areas and parking access aisles parallel to and within 75-feet of rights-of-way on approximately 1.0 acres, zoned “CM” (Commercial Mixed Use), legally described as Lots 7-12 of the Interurban Addition, generally located north of 4th Street and east of Dallas Avenue with the approximate address being 520 Dallas Avenue.         

Rachel Steele, Planner, restated the staff report for this item and reviewed all eight tests for granting a variance within the staff report for the Commissioner’s consideration. 

Sean Rives, Project Designer, came forward and addressed questions from Board members regarding the site expansion.

Mr. Christiansen asked if there was anyone from the public who wished to speak on this item.  No one came forward.

Mr. Christiansen called for a motion.

Mr. Stephenson made a motion to approve ZBA11-16 (Aztec Bolting #1) and ZBA11-17 (Aztec Bolting #2).

Mrs. Kosty seconded the motion.

No discussion was held.

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

Mr. Christiansen closed the Public Hearings at 5:29 p.m.

IV. New Business

A.  Consider and take action on a Zoning Board of Adjustments Application ZBA11-15 (Gulf Coast Palapas), a general appeal by Gulf Coast Palapas to the interpretation by the Building Official that palm fronds are not an acceptable roofing material within 10 feet of another structure based on the 2006 International Residential Code and City Policy.

The Commission entered into executive session to receive legal advice only on legal issues with the City Attorney at 5:30 p.m. and reconvened in open session at 5:39 p.m. with no final action, decision or vote with regard to any matter considered in the executive session.

Oscar Arevalo, Building Official, came forward and presented the staff report for this item.  He explained this item is for an appeal to his interpretation, as Building Official, regarding the material used on a palapa structure.  He explained his interpretation was based upon the Building Code and City Policy.

R.J.  Davidson, Building Inspector, presented a PowerPoint presentation with examples of code violations within surrounding communities concerning the use of palapas.  The presentation also included examples demonstrating that palm fronds on palapa structures can be flammable and a fire hazard under certain conditions.

A discussion was held regarding the City’s Standard Operating Procedures on palapa structures. Mr. Arevalo explained the reason for the 10 foot separation from a structure and the 5 foot separation from the property line was for preventing the spread of fire from a palapa to a home or garage.  He explained that if a palapa had a roof covering that met the requirements of the building code the separation would not be required.  The certification for the roof covering had to come from the manufacturer and would have to meet the proper ASTM or UL standards required by the International Residential Code.

Wanda Martin, Fire Marshal, was present and addressed questions from Board Members.

Charles Huckaby and Josh Jeffords with Gulf Coast Palapas came forward and discussed the Fire Retardant Coating used on their palapas.  A discussion followed regarding the retardant re-application.   

A discussion was held regarding construction details of palapa structures.  Mr. Arevalo reiterated his concerns regarding the structures.

Mr. Christiansen called for a motion.

Mrs. Kosty made a motion to deny ZBA11-15 (Gulf Coast Palapas), a general appeal by Gulf Coast Palapas to the interpretation by the Building Official that palm fronds are not an acceptable roofing material within 10 feet of another structure based on the 2006 International Residential Code and City Policy.

Mr. Stephenson seconded the motion.

Ms. Beasley commented that although she is a believer in a person’s rights to do what they want on their property it still matters what they do on their property as it can affect their neighbor’s property.  She further commented that although she is glad that palapas can be used in some places they cannot make everyone happy and said the Board’s duty is to the safety of the entire community and not to just one person.

Ms. Hamilton commented on the benefit of reducing insurance rates for residents by adopting the International Building Code.  

Mr. Weathered suggested that for clarity after the Board makes a determination for the appeal they might also make a determination as to whether the variance is granted or denied.

Mr. Christiansen read from the Texas Local Government Code “any appeal of the decision by the Board of Adjustment must be filed with the Court of Competent Jurisdiction within 10 days after the date of the decision rendered by this board or such different time period if any as provided by Section 216.014 of the Texas Local Government Code as amended.”

 

Mr. Christiansen called for a vote.

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

At Mr. Weathered’s suggestion, Mrs. Kosty further made a request of the Commissioners to deny the variance put forth before the board regarding the palapa standard operating procedures to interpret the building code that palm fronds are not an acceptable roofing material within ten feet of another structure based on the 2006 International Residential Code and City Policy.

Ms. Beasley seconded the motion.

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

 

IV.             Adjournment

 

Mr. Christiansen motioned to adjourn the meeting.

 

Ms. Beasley seconded the motion.

 

The motion passed unanimously.

 

Mr. Christiansen adjourned the meeting at 6:58 p.m.

 

 ___________________________________             ______________________________

LaShondra Holmes,                                                     James Christiansen,

Senior Planner                                                             Chair, Zoning Board of Adjustment                       

           

Date minutes approved: ___________________