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logo2013

Zoning Board of Adjustments /

building and standards commission

Regular Session Agenda

December 4, 2014

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 6, 2014

 

III.       The Swearing in of Speakers and Witnesses

 

IV.       Public Hearings and Action Items from Public Hearings (ZBA)

A.  Hold a public hearing and take action on a Zoning Board of Adjustments Application, ZBA14-03 (Englewood Drive), a request for a variance to the minimum build-to-line requirement in the CRC (Commercial Revitalization) Overlay District (Section 125-82.E) on approximately 0.16 acres zoned “CG-CRC” (General Commercial with a Commercial Revitalization Overlay District), legally described as a portion of Reserve B (0-4) of the Pecan Forest, Section 2 Subdivision, generally located on the east side of Englewood Drive and south of FM 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 26th DAY OF NOVEMBER, 2014 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.

 

 

__________________________________________           

RICHARD WERBISKIS   

CITY PLANNER

 

MINUTES

CITY OF LEAGUE CITY

ZONING BOARD OF ADJUSTMENTS/

BUILDING AND STANDARDS COMMISSION

REGULAR MEETING

THURSDAY, DECEMBER 4, 2014 at 6:00 P.M.

COUNCIL CHAMBERS

200 WEST WALKER STREET

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

 

I.          Call to order and Roll call of members

A.  Mr. Christiansen called the meeting to order at 6:08 p.m.

 

Members present:                                                                    Members absent:

James R. Christiansen, Chair                                                   Janet Alleman

Amy Beasley, Vice-Chair                                                        Elizabeth Scully                                 

Katie Benoit                                                               

Michael Hendershot*

 

            * Mr. Christiansen activated Mr. Hendershot a voting member of the Board.

           

City Representatives:

Mark Linenschmidt, Senior Planner

Ryan Granata, Senior Planner

 

II.        Approval of Minutes

A.  November 6, 2014

 

Ms. Beasley made a motion to approve the minutes as presented.

 

Ms. Benoit seconded the motion.

 

Mr. Christiansen asked for a vote.

 

The minutes were approved unanimously, as written, with a vote of 4-0-0.

 

III.       Swearing in of Witnesses

A.  Mr. Christiansen swore in the witnesses, stating this is a quasi-judicial board, which is being recorded; therefore, anybody who speaks should be aware it is considered testimony. Any appeal of the decision by the Zoning Board of Adjustment or Building and Standards Commission must be filed with the Court of Competent Jurisdiction within 10 days for the ZBA after the date of the decision rendered by this board/commission, or such time period as indicated by Section 216.014 Texas Local Government Code.

 

IV.       Public Hearings and Action Items from Public Hearings (ZBA)

A.  Hold a public hearing and take action on a Zoning Board of Adjustments Application, ZBA14-03 (Englewood Drive), a request for a variance to the minimum build-to-line requirement in the CRC (Commercial Revitalization) Overlay District (Section 125-82.E) on approximately 0.16 acres zoned “CG-CRC” (General Commercial with a Commercial Revitalization Overlay District), legally described as a portion of Reserve B (0-4) of the Pecan Forest, Section 2 Subdivision, generally located on the east side of Englewood Drive and south of FM 518.

 

Mr. Granata, Senior Planner, presented the item to the Board. Mr. Granata stated that the request was being made to maximize the required landscaped buffer yard for the property and allow the site to be developed accordingly. He further indicated that the site was highly constrained.

 

There was a discussion regarding the side yard and corresponding required landscaped buffer yard, directly adjacent to the residential subdivision.

 

Ms. Benoit asked if the property had been previously platted as a residential lot due to its 50-foot width.

 

Mr. Granata replied that the lot complies with the minimum lot requirements for the CRC overlay district. He further added that the plat referred to the property as a reserve instead of a lot, in which residential properties were lots and commercial properties were reserves.

 

Ms. Beasley asked what a reserve meant.

 

Mark Linenschmidt, Senior Planner, added that previous plats, prior to the City’s adoption in 1999, showed commercial lots as reserves as a means to control the land use on the property, while residential properties were shown as lots. Since the adoption of zoning, all properties are lots with restricted reserves utilized to highly restrict portions of a subdivision to be reserved as landscape, open space, HOA parks, or utilities.  

 

Mr. Christiansen asked if there were any citizen responses.

 

Mr. Granata responded that there 3 inquires, none of which were negative.

 

There was a discussion regarding the variance request and the landscaped buffer yard requirement.

 

Mr. Christiansen asked the applicant to come to the podium.

 

Mrs. Niveen Lewis Nicola, 1912 Sandy Schoals, Property Owner, briefly explained to the Board the reasons why the variance was being requested.

 

Mr. Christiansen asked if Ms. Nicola purchased the lot.

 

Mrs. Nicola responded that the property was purchased in March.

 

Mr. Christiansen opened the public hearing at 6:28 P.M.

 

No one came to speak.

 

Mr. Christiansen closed the public hearing at 6:28 P.M.

 

Mr. Christiansen began going down the list of the Variance Findings Form.

 

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

True: 4   False:  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.

True: 4   False:  0

 

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

True: 4   False:  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.

True: 4   False:  0

 

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

True: 4   False:  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.

True: 4   False:  0

 

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

True: 4   False:  0

 

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

True: 4   False:  0

 

Mr. Christiansen asked for a motion.

 

Mr. Hendershot made a motion to approve.

 

Ms. Benoit 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. Benoit seconded the motion.

 

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

 

Mr. Christiansen adjourned the meeting at 6:33 p.m.

 

 

 

___________________________                              ___________________________

Richard Werbiskis                                                      James R. Christiansen,

City Planner                                                               Chairperson, Zoning Board of Adjustment/        

Building and Standards Commission        

 

Date minutes approved: ___________________