HomePrint
Email

Go To Search
City Council and Boards and CommissionsDepartments - City ConnectionsResidents - Resources and InformationHow Do I...? - How Can We Help?
Click to Home

 

View Other Items in this Archive | View All Archives | Printable Version

logo2013

Zoning Board of Adjustments /

building and standards commission

Regular Session Agenda

September 7, 2017

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, 2016

B.      March 2, 2017

 

III.              Citizen Communication

The privilege of speaking at this time is limited to the following persons: residents, persons having an ownership interest in a property or a business within the City, or their attorneys. A statement of no more than 3 minutes may be made. There will be no yielding of time to another person. State law prohibits members of the Zoning Board of Adjustments / Building and Standards Commission from commenting on any statement or engaging in dialogue without an appropriate agenda item being posted in accordance with the Texas Open Meetings Act. Comments should be directed to the entire Board, not individual members or staff. If addressing a specific agenda item, speakers must keep their remarks specific to the item being considered by the Zoning Board of Adjustments / Building and Standards Commission. Any speaker making personal attacks or using vulgar or profane language shall forfeit his/her remaining time and shall be seated.

 

IV.              Other Business

A.     Consider and take action on the Zoning Board of Adjustments / Building and Standards Commission meeting dates for 2018.

 

V.                 Public Hearings and Action Items from Public Hearings

A.     Hold a public hearing and take action on a Zoning Board of Adjustments Application, VA17-0001 (3512 Tallow Forest), a variance request to encroach 15-feet into a required 25-foot rear yard setback indicated in Schedule 125-70.C. of the Zoning Ordinance for properties zoned “RSF-10” (Single-Family Residential with a minimum lot size of 10,000 square feet) on approximately 1.0 acre, legally described as Lot 15 of the Tallow Forrest Unrecorded Subdivision, generally located north of Farm to Market Road 646, and along the western side of Tallow Forest Lane with the address of 3512 Tallow Forest Lane.

 

VI.              Staff Comments

 

VII.           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 1st DAY OF SEPTEMBER, 2017 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.

 

 

__________________________________________     

FRANKIE LEGAUX, AICP  

ASSISTANT DIRECTOR OF PLANNING & DEVELOPMENT

 

MINUTES

CITY OF LEAGUE CITY

ZONING BOARD OF ADJUSTMENTS/

BUILDING AND STANDARDS COMMISSION

REGULAR SESSION

THURSDAY, September 7, 2017 at 6:00 P.M.

COUNCIL CHAMBERS

200 WEST WALKER STREET

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

I.                    Call to order and Roll call of members

Mr. Hendershot called the meeting to order at 6:00 PM.

 

Members present:                                                          Members absent:

Michael Hendershot, Chairman                                     Brian Brown

Russell Miller                                                               Tamra Gann-Curry

Katie Benoit

Paul Lopez

Robert Kline*                                                                                                             

 

*Mr. Hendershot activated Mr. Kline as a voting member.

 

            City Representatives:

Frankie Legaux, Assistant Director of Planning and Development

Kris Carpenter, Planning Manager

Mark Linenschmidt, Senior Planner

Nghiem Doan, City Attorney

 

II.                 Approval of Minutes

A.     October 6, 2016

B.      March 2, 2017

 

Mr. Lopez made a motion to approve the October 6, 2016 and March 2, 2017 minutes.

Ms. Benoit seconded the motion.

The motion passed by a vote 5-0-0.

 

III.              Citizen Communication

No citizens provided comment.

 

IV.              Other Business

A.     Consider and take action on the Zoning Board of Adjustments/Building and Standards Commission meeting dates for 2018.

Mr. Mark Linenschmidt, Senior Planner, proposed the ZBA meeting calendar for 2018.

Mr. Miller made a motion to approve the ZBA meeting calendar for 2018.

Mr. Kline seconded the motion.

The motion passed by a vote of 5-0-0.

 

V.                 Public Hearings and Action Items from Public Hearings

A.     Hold a public hearing and take action on a Zoning Board of Adjustments Application, VA17-001 (3512 Tallow Forest), a variance request to encroach 15-feet into a required 25-foot rear yard setback indicated in Schedule 125-70.C. of the Zoning Ordinance for properties zoned “RSF-10” (Single-Family Residential with a minimum lot size of 10,000 square feet) on approximately 1.0 acre, legally described as Lot 15 of the Tallow Forrest Unrecorded Subdivision, generally located North of Farm to Market Road 646, and along the western side of Tallow Forest Lane with the address of 3512 Tallow Forest lane.

Mr. Mark Linenschmidt, Senior Planner, gave a presentation on VA17-001 (3512 Tallow Forest), a variance request to encroach 15-feet into a required 25-foot rear yard setback indicated in Schedule 125-70.C.

 

Ms. Benoit asked if the homes along Tallow Forest are zoned RFS-10.

Mr. Linenschmidt responded a rezoning was approved back in 2005. There was a case in which multiple properties on Mary Lane rezoned at the same time as Tallow Forest.

Ms. Benoit asked if the lowest rezoning on Mary Lane and Tallow Forest is RSF-10.

Mr. Linenschmidt responded in the affirmative.

 

Mr. Lopez asked if the City ever made an attempt to record this zoning ordinance overlay, so that a professional land surveyor can obtain a copy when he performs a survey in the subdivision.

Mr. Nghiem Doan, City Attorney, responded that the City would not record such an ordinance or requirement because the very nature of and/or point of the recording statute is to allow the public to be placed on notice of something that exists. A surveyor should be able to look at the ordinance and determine where the permissible building area is.

Mr. Lopez responded that if the ordinance is not recorded a surveyor would not be able to pick that up unless he read the ordinance. The survey that was conducted in 2014 determined that the overlay is basically invisible to land surveyors coming into the subdivision. Is it possible for the city to record the ordinance so that the surveyor can pick it up.

 

Mr. Doan responded it is true that a surveyor would not pick up those setback lines in looking at the real property records. The setback lines are set by zoning ordinances and setback lines can change.

Lopez responded if this ordinance is not picked up by surveyors, then the buyer assumes the survey is correct and they only have a 10-foot easement, not a 25-foot setback.

 

Ms. Benoit asked if the zoning in the area has changed since 1999.

Mr. Linenschmidt responded that the maps and zoning ordinances were overhauled in 2005.

Mr. Kris Carpenter, Planning Manager, stated there are a number of city requirements that regulate development not just setbacks. If they got this survey and all they saw on it was the easement running east and west, diagonal across their property that still does not mean they can construct a building anywhere on the property except for that easement there are other city requirements. It’s the responsibility of builder or whomever applies for the permit to get this information.

 

Ms. Benoit asked if a permit was applied for would they be told at that time what the setbacks are.

Mr. Linenschmidt responded that the Planning Department would answer any questions they have at that time.

 

Mr. Daryl Howard, applicant, 3512 Tallow Forest, stated the survey did not show a 25-foot setback.

Mr. Lopez asked what the profession of the applicant was.

Mr. Howard responded he was the owner of a business that produced engineered automated key machines.

Mr. Lopez asked how many buildings the applicant had built.

Mr. Howard responded 2 buildings.

Mr. Lopez stated if the applicant had pulled a permit he would have known the 25-foot setback.

Mr. Howard responded that he had documentation that another citizen on his street was granted a 10-foot variance by the City.

 

Mr. Miller asked if the pipeline easements were known to the applicant when he had the engineer put the drawings together.

Mr. Howard responded in the affirmative.

 

Mr. Kline stated that in the previous case the City mentioned a variance was granted, if the applicant knew if those property owners pulled a permit for that building.

Mr. Howard responded that the owners did not.

 

Mr. Hendershot stated there is no HOA in your subdivision and it is also listed as unrestricted property.

Mr. Howard responded that the statement was correct.

 

Mr. Hendershot opened Public Hearing at 6:40 p.m.

 

Mr. Larry Millican, 934 Plantation, stated the ordinance would prevent buildings from being built to close to other structures or properties. The applicant was concerned about having open space on his property, yet the buildings are placed closer together. The Architect could design anything someone would want to build on their property and stay within the city ordinance.

 

Mr. Hendershot closed the Public Hearing at 6:43 p.m.

 

Ms. Benoit made a motion to approve VA-00017 (3512 Tallow Forest).

Mr. Miller seconded the motion.

 

The motion to approve failed 0-5-0.

 

VI.              Staff Comments

Mr. Linenschmidt gave a brief update on the Zoning Ordinance changes in 2017.

 

VII.           Adjournment

The meeting was adjourned at 6:56 p.m.

 

 

___________________________________                   ______________________________               

Frankie Legaux, AICP                                                 Michael Hendershot,

Assistant Director, Planning & Development             Chairperson, Zoning Board of Adjustment/  

                                                                                    Building and Standards Commission