September 20, 2006 minutes

	Zoning Board of Adjustment and Appeals
	Agenda Request
Agenda Of:	October 25, 2006	Agenda Request No:		II A
Initiated By:	Kathy Munoz Executive Secretary	Responsible Department:		City Secretary
Presented By:	Glenda Gundermann, City Secretary	Department Head:		Glenda Gundermann, City Secretary
		Additional Department. Head (s):		N/A
Subject / Proceeding:	Minutes Zoning Board of Adjustment and Appeals Meeting September 20, 2006 Approve Minutes
Exhibits:	Minutes September 20, 2006
Clearances			Approval
Legal:	N/A		Director of Planning:
Recommended Action
Approve the minutes of the September 20, 2006 Zoning Board of Adjustment and Appeals meeting.
Exhibits

STATE OF TEXAS	§
COUNTY OF FORT BEND	§
CITY OF SUGAR LAND	§

CITY OF SUGAR LAND

ZONING BOARD OF ADJUSTMENT AND APPEALs MEETING

Wednesday, September 20, 2006

The City of Sugar Land Zoning Board of Adjustment and Appeal convened in a regular meeting open to the public and pursuant to notice thereof duly given in accordance with Chapter 551, Government Code, Vernon's Texas Codes, Annotated, as amended, in Sugar Land City Hall within said City on Wednesday, September 20, 2006 at 5:01 p.m. and the roll was called of the members; to wit:

Don Smithers, Chairman

Deloise Holmes, Jr., Vice Chairman

Robert Dunham

Jim Lord

E.G. (Bud) Friedman, Alternate

Harish Jajoo, Alternate

Leo Weinberg, Alternate

QUORUM PRESENT

All of said members were present with the exception of Mr. E. G. Friedman, Alternate who was absent and Mr. Leo Weinberg, Alternate who left at 5:10 p.m.

Also present were:

Sabine Sommers-Kuenzel, City Planner

Douglas Schomburg, Assistant City Planner

Travis Tanner, Planner

Meredith Wilganowski, Assistant City Attorney

Grace Tamez, Assistant City Secretary and

A Number of Visitors and Planning Staff

CONVENE MEETING

Chairman Smithers convened the session, open to the public, to order at 5:01 p.m.

minutes - june 21, 2006

Chairman Smithers introduced consideration of the minutes of Zoning Board of Adjustment and Appeals meeting held on June 21, 2006.

Following a full and complete discussion, Mr. Holmes, seconded by Mr. Lord, made a motion to approve the minutes of Zoning Board of Adjustment and Appeals meeting held on June 21, 2006. The motion carried unanimously.

minutes – september 06, 2006

Chairman Smithers introduced consideration of the minutes of Zoning Board of Adjustment and Appeals meeting held on September 06, 2006.

Following a full and complete discussion, Mr. Dunham, seconded by Mr. Lord, made a motion to approve the minutes of Zoning Board of Adjustment and Appeals meeting held on September 06, 2006. The motion carried unanimously.

public hearings

SPECIAL EXCEPTION – STREET SIDE YARD SETBACK - 5 ST. GEORGE COURT

Chairman Smithers convened the public hearing to receive and hear all persons desiring to be heard on a request for a special exception to the street side yard setback requirements in the Single-Family Residential (R-1) District, Lot 12, Block 2, Section 2, Waters of Avalon, 5 St. George Court.

Mr. Doug Schomburg, Assistant City Planner, stated that special exceptions are used in consideration of properties which have been developed prior to being in the corporate city limits and developed under non-city regulations. The property was annexed into the corporate city limits in December 2005.

The requested exception is for a 15 foot street side yard. R-1 zoning requires a 20 foot street side yard setback; the applicant requests to build to the 15 foot building line. The proposal provides for 125 square feet to be built over the zoning setback; approximately a 1% increase in the maximum building area under City regulations. Lot coverage is 37% instead of 40% as specified in City regulations.

The Board has the ability under the Special Exception criteria to adopt the site plan. To grant a special exception four criteria must be met:

· Latest recorded plat of the property was approved prior to being annexed into the City.

· Latest recorded plat of the property establishes a setback less restrictive than setback required by Sugar Land Development Code.

· Special Exception will not establish a setback that is less restrictive than the setback established by the latest approved plat or other recorded restriction.

· Granting the Special Exception will not be detrimental to the public welfare or injurious to the property or improvements in the district on neighborhood in which the property is located.

Ms. Amoush Bavere, 6015 Parkwood Place, stated her intention was to enhance the neighborhood, and when they purchased the property they fell in love with the lake view. The intent was to build two rooms on the lake to allow her parents to live with them and to provide a lake view from their rooms.

Mr. Schomburg stated that there had not been any opposition received on the proposal.

Mr. David Moore, 5 St. George Court, addressed the Board stating that this was the last lot in Avalon, and the exception had not applied to any other lots in the subdivision.

Chairman Smithers entertained additional comments or questions; hearing none the public hearing was closed.

Chairman Smithers introduced consideration on a special exception to the street side yard setback requirements in the Single-Family Residential (R-1) District, Lot 12, Block 2, Section 2, Waters of Avalon, 5 St. George Court.

Following a full and complete discussion, Mr. Jajoo, seconded by Mr. Dunham, made a motion to approve a special exception to the street side yard setback requirements in the Single-Family Residential (R-1) District, Lot 12, Block 2, Section 2, Waters of Avalon, 5 St. George Court. The motion carried unanimously.

public hearings (Continued)

SPECIAL EXCEPTION – FRONT AND REAR YARD SETBACK - 6 LEGEND PARK DRIVE

Chairman Smithers convened the public hearing to receive and hear all persons desiring to be heard on a request for a special exception to the front and rear yard setback requirements in the Restricted Single-Family Residential (R-1R) District, Lot 10, Block 2, Sweetwater Section Seven, 6 Legend Park Drive.

Mr. Doug Schomburg, Assistant City Planner, stated that variances have previously been approved for other lots within the subdivision. The structure as proposed encroaches the front setback 5 feet and rear setback by 13 feet. Current zoning regulations require a 30 foot front and rear setback. The recorded plat requires a 25 foot front yard and First Colony Community Association restriction requires 15 feet. The subdivision was platted in 1996 with less restrictive setbacks and the property was annexed in 1997. The property is compatible with the neighborhood as other properties in the area were built over the 30 foot regulation. One letter in support of the exception was received from a neighbor located behind the lot on Older Berry Trace.

Mr. Steve Fuqua, 6 Legend Park Drive, stated he had owned the lot for some time and that neighbors in the area were anxious for the property to be developed.

Chairman Smithers entertained additional comments or questions; hearing none the public hearing was closed.

Chairman Smithers introduced consideration on a special exception to the front and rear yard setback requirements in the Restricted Single-Family Residential (R-1R) District, Lot 10, Block 2, Sweetwater Section Seven, 6 Legend Park Drive.

Following a full and complete discussion, Mr. Jajoo, seconded by Mr. Lord, made a motion to approve a special exception to the front and rear yard setback requirements in the Restricted Single-Family Residential (R-1R) District, Lot 10, Block 2, Sweetwater Section Seven, 6 Legend Park Drive. The motion carried unanimously.

public hearings (Continued)

SPECIAL EXCEPTION – REAR YARD SETBACK - 3814 COLONY WOODS DRIVE

Chairman Smithers convened the public hearing to receive and hear all persons desiring to be heard on a request for a special exception to the rear yard setback requirement in the Restricted Single-Family Residential (R-1R) District, Lot 6, Block 2, Colony Woods Section One, 3814 Colony Woods Drive.

Mr. Travis Tanner, Planner stated the request is for the addition of an upper deck-patio cover to the back of the existing structure which does not comply with current front and rear yard setbacks as the house was built prior to annexation into the corporate city limits in 1997. The property was platted in 1988 had established private restrictions; the addition complies with the private restrictions. The added structure encroaches 12 feet into the 30 foot setback. The adjacent property currently has an existing upper deck -patio cover that encroaches 12 feet. Maximum lot coverage is 40%; total lot coverage with the proposed exception is 35%. Six lots on the same street do not meet the 30 foot setback.

Mr. Craig Popp, 3814 Colony Woods Drive, stated his goal is to improve the back yard to add functionality.

Mr. Murray Abare, President Abare Construction Company, and builder stated it was compatible to the neighborhood with like brick to other structures.

Chairman Smithers entertained additional comments or questions; hearing none the public hearing was closed.

Chairman Smithers introduced consideration on a special exception to the rear yard setback requirement in the Restricted Single-Family Residential (R-1R) District, Lot 6, Block 2, Colony Woods Section One, 3814 Colony Woods Drive.

Following a full and complete discussion, Mr. Dunham, seconded by Mr. Lord, made a motion to approve

a special exception to the rear yard setback requirement in the Restricted Single-Family Residential (R-1R) District, Lot 6, Block 2,Colony Woods Section One, 3814 Colony Woods Drive. The motion carried unanimously.

public hearings (Continued)

SPECIAL EXCEPTION – REAR YARD SETBACK - 5311 PALM ROYALE BOULEVARD

Chairman Smithers convened the public hearing to receive and hear all persons desiring to be heard on a request for special exception to the rear yard setback requirements in the Residential Estate (R-1E) District, Lot 5, Block 1, Sweetwater Section 3-A, 5311 Palm Royale Boulevard.

Mr. Travis Tanner, Planner, stated the existing residence under construction was permitted in 2004. The request allows the addition of an attached pool house to the back of the structure. The existing structure is located entirely within required zoning setbacks. The addition would encroach on the rear setback by approximately 10 feet leaving a 40 foot setback. The setback per zoning regulation is 50 feet. The property platted in 1989 with private restrictions of a 15 foot rear yard setback was annexed in 1997. Lot coverage in the neighborhood ranges from 10% to 18% and the property is compatible. No opposition was expressed from inquiries.

Mr. Nilesh Bavishi, 5311 Palm Royale Boulevard, stated there was no opposition from his neighbors.

Chairman Smithers entertained additional comments or questions; hearing none the public hearing was closed.

Chairman Smithers introduced consideration on a special exception to the rear yard setback requirements in the Residential Estate (R-1E) District, Lot 5, Block 1, Sweetwater Section 3-A, 5311 Palm Royale Boulevard.

Following a full and complete discussion, Mr. Jajoo, seconded by Mr. Lord, made a motion to approve a special exception to the rear yard setback requirements in the Residential Estate (R-1E) District, Lot 5, Block 1, Sweetwater Section 3-A, 5311 Palm Royale Boulevard. The motion carried unanimously.

ADJOURN

There, being no further business to come before the Board, Mr. Lord, seconded by Mr. Dunham, moved that the meeting adjourn. The motion carried unanimously and the meeting adjourned, time at 5:55 o'clock P.M.

Don Smithers, Chairman

Glenda Gundermann, City Secretary

(SEAL)