Zoning Board of Adjustments / building and standards commission Regular Session Agenda September 3, 2009 6:00 PM League City Council Chambers 200 West Walker Street

 

 

 

 

 

 

 

 

 

 

 

I.                   Call to order and Roll call of members

II.        Approval of Minutes

A.     August 6, 2009

III.             The Swearing in of Witnesses

IV.              Items Tabled and Subject to Recall

A.     Consider and take action on ZBA09-14 (Oasis of Peace), a variance request to the off-street parking requirements (Schedule 125-170.D) for a religious assembly use on property zoned “CG-CRC” (General Commercial with a Commercial Revitalization Overlay), legally described as Lots 33 thru 41 of the Cross Subdivision, generally located north of Farm to Market Road 518 and east of Wisconsin Avenue with the approximate address being 1416 Farm to Market Road 518. (PUBLIC HEARING CLOSED 08-07-09)

V.                 Public Hearings

A.     Conduct a public hearing and take action on ZBA09-18 (DL Homes), a variance request to the 10-foot street side (corner lot) setback requirement (Schedule 125-70.C) on property zoned “RSF-5” (Single-family residential with a minimum lot size of 5,000 square feet), legally described as Lot 1, Block 199 of the Dickinson Townsite Subdivision, generally located north of Pear Street and east of Maryland Avenue with the approximate address being 2712 Maryland Avenue.

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 31ST DAY OF AUGUST, 2009 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.

 

 

 

 

__________________________________________

LaSHONDRA HOLMES, AICP

PLANNING MANAGER

MINUTES

CITY OF LEAGUE CITY

ZONING BOARD OF ADJUSTMENTS

REGULAR SESSION

THURSDAY September 03, 2009 at 6:00 P.M.

COUNCIL CHAMBERS

200 WEST WALKER

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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                                       Hobart Sibley

Fred Switzer                                                                 Amy Beasley

Rusty Tidwell                                                             

Ian Evans

Wesley Wray

 

City Representatives:

Kim Buttrum, Senior Planner

Rodney Glasper, Planner

Susan Wologo, Recording Secretary

 

II.        Approval of Minutes

 

A.       August 06, 2009

 

Mr. Wray made a motion to approve the August 06, 2009 minutes as written.

 

Mr. Switzer seconded the motion.

 

No discussion was held.

 

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

 

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.        Items Tabled and Subject to Recall

 

A.     Consider and take action on ZBA09-14 (Oasis of Peace), a variance request to the off-street parking requirements (Schedule 125-170.D) for a religious assembly use on property zoned “CG-CRC” (General Commercial with a Commercial Revitalization Overlay), legally described as Lots 33 thru 41 of the Cross Subdivision, generally located north of Farm to Market Road 518 and east of Wisconsin Avenue with the approximate address being 1416 Farm to Market Road 518. (PUBLIC HEARING CLOSED 08-07-09)

Mr. Christiansen noted that this item was tabled from the August 06, 2009 Meeting.  The applicant had requested to table the item for 30 days to try to attain a longer term parking solution for the property.

After a brief discussion the Commission agreed that the item should remain tabled in order to obtain input from the DRC (Development Review Committee) before taking further action. 

 

V.          Public Hearings

 A.   Conduct a public hearing and take action on ZBA09-18 (DL Homes), a variance request to the 10-foot street side (corner lot) setback requirement (Schedule 125-70.C) on property zoned “RSF-5” (Single-family residential with a minimum lot size of 5,000 square feet), legally described as Lot 1, Block 199 of the Dickinson Townsite Subdivision, generally located north of Pear Street and east of Maryland Avenue with the approximate address being 2712 Maryland Avenue.

Mr. Glasper restated the staff report stating the applicant is requesting a variance to encroach 5-feet into the 10-foot required side setback.  He offered two considerations for the Commission, first stating the Commission should consider whether or not granting the variance request would set a precedent.  Mr. Glasper also noted in reference to conformity, that he did go out to the site and found that the area is basically a rural area and that some of the homes do have less than the required 10-foot setback.

Mr. James Lewis, applicant was present to answer questions from the Commission.

The Commission questioned whether or not the variance would impact drainage.  Mr. Glasper explained that after researching it, the City Engineering Department said that as long as the width of the home does not extend longer that the 40 feet the applicant is proposing; they do not have a conflict with it.

A discussion was held regarding the proposed size of the house in reference to the lot size.

Mr. Christiansen opened the public portion of the hearing at 6:28 p.m.

With no one present from the public to speak on this item, Mr. Christiansen closed the public portion of the hearing at 6:29 p.m.

Mr. Christiansen called for a motion.

Mr. Tidwell made a motion to approve ZBA09-18 (DL Homes).

Mr. Wray seconded the motion.

A discussion was held regarding the motion.  Mr. Evans stated concerns in reference to the setbacks.

The motion failed with a vote of 3-2-0 with Mr. Evans and Mr. Switzer voting to deny.

VI.       Adjournment of the Meeting

 

 

Mr. Christiansen adjourned the meeting at 6:39 p.m.

 

 

___________________________________              ______________________________

Kim Buttrum,                                                             James R. Christiansen

Senior Planner                                                            Chair, Zoning Board of Adjustment                         

Date minutes approved: ___________________