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Zoning Board of Adjustments /

building and standards commission

Regular Session Agenda

November 3, 2011

6:00 PM

City Council Chambers

200 West Walker Street

 

 

 

 

 

 

 

 

 

 

 

 

I.                   Call to order and Roll call of members

II.                Approval of Minutes

A.     October 6, 2011

III.             The Swearing in of Speakers and Witnesses

IV.             Public Hearings and Action Items from Public Hearings

A.     Hold a public hearing and take action on Zoning Board of Adjustments Application ZBA11-21 (Roger’s 19th Hole Sports Bar & Grill), a variance request to permit encroachment of 18 feet into the 20-foot rear yard setback requirement (Schedule 125-72.C.) on approximately 1.3 acres zoned “CG” (General Commercial), legally described as Lot 1R, Block 1 of the F.M. 518 Retail Subdivision, generally located south of Farm to Market Road 518 and west of Lawrence Road, with the approximate address being 1271 East Farm to Market Road 518.

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 28TH DAY OF OCTOBER, 2011 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. 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.

 

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                                         

SENIOR PLANNER                                     

 

 

MINUTES

CITY OF LEAGUE CITY

ZONING BOARD OF ADJUSTMENTS/

BUILDING AND STANDARDS COMMISSION

REGULAR MEETING

THURSDAY November 03, 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 6:03 p.m.

 

Members present:                                                       *Members absent:

James R. Christiansen, Chair                                       Janet Alleman, Alternate 1

            Amy Beasley                                                               Vaness Hamilton, Alternate 2                         

Richard Stephenson     

            Elaine Kosty                              

               

City Representatives:

Mark Linenschmidt, Senior Planner

Oscar Arevalo, Building Official

Susan Wologo, Recording Secretary

 

II.        Approval of Minutes

 

A.     October 6, 2011

 

Ms. Kosty made a motion approve the minutes of October 6, 2011 as written.

Mr. Stephenson 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.       Public Hearings and Action Items from Public Hearings

 

A.     Hold a public hearing and take action on Zoning Board of Adjustments Application ZBA11-21 (Roger’s 19th Hole Sports Bar & Grill), a variance request to permit encroachment of 18 feet into the 20-foot rear yard setback requirement (Schedule 125-72.C.) on approximately 1.3 acres zoned “CG” (General Commercial), legally described as Lot 1R, Block 1 of the F.M. 518 Retail Subdivision, generally located south of Farm to Market Road 518 and west of Lawrence Road, with the approximate address being 1271 East Farm to Market Road 518.

Mr. Linenschmidt presented the staff report on this item and gave a brief history of the property.  He reviewed all eight tests within the staff report for the Commissioner’s consideration.  He further added that should the request be approved, staff recommends the following condition:

1.  The applicant shall be required to revise the existing site plan and building permit.    This would include the submission of revised plans, drawings, specifications, applications, and applicable fees.

The commissioners discussed with staff details of the request in an attempt establish the presence of a hardship.

Mr. Christiansen opened the public portion of the hearing at 6:24 p.m.

Roger Gage, the applicant, came forward and gave construction details of the bandstand.  The commissioners continued to seek the presence of a hardship and explained to the applicant that in order for the Board to grant a variance each of the eight test requirements must be met.

Mr. Christiansen closed the public portion of the hearing at 6:46 p.m.

The Commissioners voted as follows on each of the eight test requirements for variance #1:

1) Encroach approximately 4 feet (20%) into a required 20-foot rear yard setback (Schedule 125-72.C.) for an existing patio cover on the south side of the property at the rear of the existing building. The patio cover material is proposed to be canvas, similar to the material used in sails for boats.

Test #1: Such variance will not be contrary to the public interest.

Yea:  4

Nay:  0

Test #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.

 

Yea:  4

 

Nay:  0

 

Test #3: Such variance will not substantially or permanently injure the appropriate use of adjacent conforming property in the same district.

 

Yea:  3

 

Nay: 1

 

Test #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.

 

Yea:  4

 

Nay:  0

 

Test #5: Such variance will be in harmony with the spirit and purposes of this Ordinance.

 

Yea:  3

 

Nay:  1

 

Test #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.

 

Yea:  0

 

Nay:  4

 

Test #7: The variance will not substantially weaken the general purposes of this Ordinance or the regulations herein established for the specific district.

 

Yea:  2

 

Nay:  2

 

Test #8: The variance will not adversely affect the health, safety, and welfare of the public.

 

Yea:  2

 

Nay:  2

 

Based on the result of the vote, Ms. Beasley made a motion to deny request #1.

 

Mr. Stephenson seconded the motion.

 

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

 

The Commissioners voted as follows on each of the eight test requirements for variance #2:

2) Encroach approximately 18 feet (90%) into a required 20-foot rear yard setback (Schedule 125-72.C.) for an existing wooden bandstand, approximately 135 square feet in size, on the south side of the property at the rear of the existing building.

Test #1: Such variance will not be contrary to the public interest.

Yea:  4

Nay:  0

Test #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.

 

Yea:  4

 

Nay:  0

 

Test #3: Such variance will not substantially or permanently injure the appropriate use of adjacent conforming property in the same district.

 

Yea:  4

 

Nay: 0

 

Test #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.

 

Yea:  3

 

Nay:  1

 

Test #5: Such variance will be in harmony with the spirit and purposes of this Ordinance.

 

Yea:  1

 

Nay:  3

 

Test #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.

 

Yea:  0

 

Nay:  4

 

Test #7: The variance will not substantially weaken the general purposes of this Ordinance or the regulations herein established for the specific district.

 

Yea:  0

 

Nay:  4

 

Test #8: The variance will not adversely affect the health, safety, and welfare of the public.

 

Yea:  4

 

Nay:  0

 

Based on the result of the vote, Ms. Beasley made a motion to deny the request #2.

 

Mr. Christiansen seconded the motion.

 

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

 

V.        Adjournment

 

Ms. Beasley made a motion to adjourn the meeting.

 

Ms. Kosty seconded the motion.

 

Mr. Christiansen adjourned the meeting at 7:03 p.m.

             ___________________________________                       ______________________________

Mark Linenschmidt                                          James Christiansen,

Senior Planner                                                  Chair, Zoning Board of Adjustment                       

           

Date minutes approved: ___________________