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Zoning Board of Adjustments /

building and standards commission

Regular Session Agenda

February 2, 2012

6:00 PM

City Council Chambers

200 West Walker Street

 

 

 

 

 

 

 

 

 

 

 

 

I.                   Call to order and Roll call of members

II.                Approval of Minutes

A.     November 3, 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 ZBA12-01 (Healy), a variance request to encroach into the 20-foot side yard setback requirement (Schedule 125-70.C.) on approximately 3.75 acres zoned “RSF-20” (Single-family residential with a minimum lot size of 20,000 square feet), legally described as Lots 29 and 34 of the League City, Division C Subdivision, generally located north of Hewitt Street and west of Egret Bay Boulevard (FM 270), with the approximate address being 2350 Hewitt Street.

V.                Other Business

A.     Welcome of new board members and refreshment on quorums and unexcused absences in accordance with ZBA policies and procedures.

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 27TH DAY OF JANURARY, 2012 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 February 2, 2012 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 6:01 p.m.

 

Members present:                                                       *Members absent:

James R. Christiansen, Chair                                       Janet Alleman, Alternate 1

            Amy Beasley                                                               Elaine Kosty

            Richard Stephenson    

            Katie Benoit

            Elizabeth Scully          

                                      

               

City Representatives:

Mark Linenschmidt, Senior Planner

Oscar Arevalo, Building Official

Susan Wologo, Recording Secretary

 

II.    Approval of Minutes

 

A.     November 3, 2011

 

Ms. Beasley made a motion approve the minutes of November 3, 2011 as written.

Mr. Stephenson seconded the motion.

The motion passed unanimously with a vote of 3-2-0 (Ms. Benoit and Ms. Scully were not present at the November 3rd meeting).

III. Swearing in of Witnesses

Mr. Christiansen advised he would proceed to item IV since the applicant was not present and no Witnesses or Speakers were present at this meeting.

 

IV. Public Hearings and Action Items from Public Hearings

 

A.     Hold a public hearing and take action on Zoning Board of Adjustments Application ZBA12-01 (Healy), a variance request to encroach into the 20-foot side yard setback requirement (Schedule 125-70.C.) on approximately 3.75 acres zoned “RSF-20” (Single-family residential with a minimum lot size of 20,000 square feet), legally described as Lots 29 and 34 of the League City, Division C Subdivision, generally located north of Hewitt Street and west of Egret Bay Boulevard (FM 270), with the approximate address being 2350 Hewitt Street.

Mark Linenschmidt, Senior Planner with the City, presented the staff report for this item and reviewed all eight tests within the staff report for the Commissioner’s consideration.  He asked that the following condition be considered should the request be approved:

 

The applicant must coordinate with the Building Department in resubmitting any necessary documents to revise the building permit with the residence in its current location.

 

The Commission made inquiries to staff regarding the request to determine a hardship.  Building Official Oscar Arevalo and City Planner Wes Morrison were also present for comment.

 

The Commission voted as follows on each of the eight test requirements:                       

 

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

               Yes:  5

               No:   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 is sought is located.

Yes:  5

No:   0

 

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

               Yes:  5

               No:   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.

               Yes:  5

               No:   0

 

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

               Yes:  5

               No:   0

 

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.

               Yes:  5

               No:   0

 

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

               Yes:  5

                                  No:   0

 

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

Yes:  5

No:   0

 

Ms. Scully made a motion to approve ZBA12-01 (Healy) with the condition that the applicant coordinates with the Building Department in resubmitting any necessary documents to revise the building permit with the residence in its current location prior to the issuance of a certificate of occupancy.

 

Mr. Stephenson seconded the motion.

 

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

 

 V.       Other Business

Welcome of new board members and refreshment on quorums and unexcused absences in accordance with ZBA policies and procedures.

 

Mr. Christiansen welcomed new Board members Elizabeth Scully and Katie Benoit.  Mr. Christiansen also went over ZBA policies and procedures regarding quorums and unexcused absences.

 

 

VI.     Adjournment

 

Ms. Beasley made a motion to adjourn the meeting.

 

Mr. Stephenson seconded the motion.

 

Mr. Christiansen adjourned the meeting at 6:40 p.m.

   ___________________________________                       ______________________________

Mark Linenschmidt                                          James Christiansen,

Senior Planner                                                 Chair, Zoning Board of Adjustment                       

           

Date minutes approved: ___________________