Agenda Request

	Zoning Board of Adjustment and Appeals
	Agenda Request
Agenda Of:	November 09, 2006	Agenda Request No:		II-A
Initiated By:	Donna Vaughan, Records Manager	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 October 18, 2006 Approve Minutes
Exhibits:	Minutes October 18, 2006
Clearances			Approval
Legal:	N/A		City Planner:
Recommended Action
Approve the minutes of the Zoning Board of Adjustment and Appeals meeting October 18, 2006.
Exhibits

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

CITY OF SUGAR LAND

ZONING BOARD OF ADJUSTMENT AND APPEALs MEETING

WEDNESDAY OCTOBER 18, 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, October 18, 2006 at 5:00 P.M. and the roll was called of the members; to wit:

Don Smithers, Chairman

Jim Lord, Vice Chairman

Deloise Holmes, Jr.,

Kathy Huebner

Nancy Porter

E.G. (Bud) Friedman, Alternate

Harish Jajoo, Alternate

Robert Dunham, Alternate

QUORUM PRESENT

All of said members were present except Mr. Don Smithers, Mr. Harish Jajoo, Alternate and Mr. Robert Dunham, Alternate.

Also present were:

Ms. Sabine Somers-Kuenzel, Director of Planning

Tyler Sorrells, Planner

Donna Vaughan, Records Manager and

A Number of Visitors and Planning Staff

CONVENE MEETING

Vice-Chairman Lord convened the session, open to the public, to order at 5:05 P.M.

ORIENTATION

Vice-Chairman Lord introduced orientation and training for members of the Board.

Ms. Sabine Somers-Kuenzel, Director of Planning, briefed members of the structure of the Planning Department, stating that Jim Callaway is the Executive Director of Community Development. Divisions managed by Mr. Callaway include City Planning, Engineering, Building/Health, and Neighborhood Environmental Services.

Building and Engineering staff as warranted attend meetings; future Planning and Zoning meetings will have an increased presence by the Engineering Department.

Douglas Schomburg, Assistant City Planner, Tyler Sorrells, Planner, and Travis Tanner, Planner, present cases before the Board and are managed by Ms. Somers-Kuenzel. Board members are encouraged to direct questions to Ms. Somers-Kuenzel or to the case planner. Other members of the Planning team are Gretchen Pyle, Development Review Coordinator, Heather Shaw, Development Review Coordinator, Kevin Hayes, Graphics and Transportation Planner, and Lisa Kocich-Meyer, Senior Planner.

The Zoning Board of Adjustments is a five member board with three alternate members. Five members are requested for the meetings to ensure that applicants are treated fairly; a four out of five vote or 75% is required by state statute for approval.

Ms. Somers-Kuenzel explained that the Board is authorized under Texas Statute, Chapter 211, which includes two areas: typical land use (zoning) and bulk regulations (not land use). Set backs, building heights, landscaping, and signs are examples of bulk regulations. The Zoning Board of Adjustments deals with bulk regulations not land use. The City Charter and the Development Code define restrictions and regulations.

Three types of cases could be presented to the Board, inclusive of variances, special exceptions, and appeals which are limited by State Statute. Decisions must be handled fairly, seriously, and in a consistent manner or repercussions could occur.

An overview included:

Variances-

Ø Special circumstances or conditions of land or building

Ø Not detrimental to public welfare

Ø Necessary for reasonable use

Ø Unnecessary hardship

Special Exceptions-

Ø Platted prior to annexation

Ø Not less restrictive than recorded restriction

Ø Detrimental to public welfare or injurious to neighborhood

Appeals-

Ø “Incorrect” decision of official

Ø Burden of proof

Ø Four out of five vote

Fair decisions and interpretations are important in the decision-making process. Special Exceptions are new to the Board and provide an important tool to allow the Board greater flexibility for annexed properties. A City Council special task force assisted with the Special Exceptions amendment process.

Public hearings and testimony regarding public welfare are also an important part of the process, and the fourth Special Exception Criterion is used as an important tool in the decision making process.

Behind the scenes the Planning Department reviews commercial and residential plans, make recommendations, assist developers and citizens, complete applications, provide informational reports, assist with meeting set-ups, and make available public hearing notices and courtesy signs.

Discussion ensued regarding a variance to minimum lot size, landscape reserve and landscaping, parking lot, a garage, and architecture and criteria. Ms. Somers-Kuenzel reminded the Board that a variance can be approved with certain conditions or can be tabled; possible conditions were discussed inclusive of granting less; an example of an existing patio and front setback were given.

Hardships, special conditions, variances, majority of vote, and past cases were discussed. The decisions of the Board are final; an appeal by the applicant will be to the court. Meetings are scheduled as needed but in the future could be changed to regularly scheduled meetings. Public hearings appear to be increasing in part due to annexations into the City.

Additional training will be provided to the Board in the future.

ADJOURN

There, being no further business to come before the Board, Vice-Chairman Lord moved that the meeting adjourn at 6:01 P.M.

______________________________

Don Smithers, Chairman

_______________________________

Glenda Gundermann, City Secretary

(SEAL)