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Zoning Board of
Adjustment and Appeals |
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Agenda Request |
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Agenda Of: |
November 09, 2006 |
Agenda Request
No: |
II-B |
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Initiated By: |
Donna Vaughan, Records Manager |
Responsible
Department: |
City Secretary |
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Presented By: |
Glenda
Gundermann, City Secretary |
Department
Head: |
Glenda
Gundermann, City Secretary |
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Additional
Department. Head (s): |
N/A |
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Subject /
Proceeding: |
Minutes Zoning
Board of Adjustment and Appeals Meeting October 25, 2006 Approve Minutes |
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Exhibits: |
Minutes October
25, 2006 |
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Clearances |
Approval |
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Legal: |
N/A |
City Planner: |
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Recommended
Action |
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Approve the minutes
of the Zoning Board of Adjustment and Appeals meeting October 25, 2006. |
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Exhibits |
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STATE OF TEXAS |
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COUNTY OF FORT BEND |
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CITY OF SUGAR LAND |
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CITY OF SUGAR LAND
ZONING BOARD OF ADJUSTMENT AND APPEALs MEETING
WEDNESDAY OCTOBER 25, 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 25, 2006 at 5 o'clock 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 and Mr. E. G. Friedman, Alternate; Mr. Harish Jajoo, Alternate, arrived at 5:07 P.M.
Also present were:
Ms. Sabine Somers-Kuenzel, Director of Planning
Meredith Wilganowski,
Donna Vaughan, Records Manager
A Number of Visitors and Planning Staff
CONVENE MEETING
Vice-Chairman Lord convened the session, open to the public, to order at 5:05 o’clock P.M.
MINUTES
Vice-Chairman Lord introduced consideration of the minutes of the Zoning Board of Adjustments meeting held September 20, 2006.
Following a full and complete discussion, Mr. Dunham, seconded by Mr. Holmes, made a motion to approve the minutes of the Zoning Board of Adjustments meeting held September 20, 2006. The motion carried with Ms. Huebner and Ms. Porter abstaining.
PUBLIC HEARING
SPECIAL EXCEPTION – REAR YARD SETBACK 73 THE OVAL
Vice-Chairman Lord convened the public hearing to receive
and hear all persons desiring to be heard on a request for a special exception
to the to
the rear yard setback requirements in the Restricted Single-Family Residential
(R-1R) District, Lot 6, Block 3, Sweetwater Section 2, being 73 The Oval.
Mr. Travis Tanner, Planner, stated the area
was platted in 1983 and annexed into the
Site photos of the neighboring area were shown; it was noted that the
area was platted prior to annexation.
Proposed construction does not appear incompatible with the neighborhood
and the proposed setback is consistent with other lots.
The request for the special exception does meet the first three
criteria with the fourth to be determined by the Board:
Ø Platted prior to annexation
Ø Less restrictive recorded restriction than setback per zoning
Ø Special exception would not be less restrictive than recorded restrictions
Ø Detrimental to public welfare of injurious to neighborhood. No apparent public safety issues and does not appear to be incompatible with the neighborhood
Notice of the public hearing was published in the newspaper, posted on the City web site, and mailed to property owners within 200-feet of the proposed site. A courtesy notification sign was placed on the site; four inquiries were received, one as an inquiry and three in opposition.
Staff recommends approval of the special exception in compliance with the site plan submitted by the applicant.
Mr. Vinay Kotak, applicant, stated that most members were familiar with the case. Three other variances have been granted since the special exception rule was implemented. Six out of seven houses in the neighborhood encroach the 30-foot rear setback; neighbors on each side of 73 The Oval encroach the 30-foot rear setback. Construction is compatible with the neighborhood, the plans have been approved by First Colony Community Association, and proposed lot coverage is approximately 38.5% compared to others at 40% or over. A letter from a neighbor supported Mr. Kotak’s home construction, stating an increased property value in the area.
Mr. Bill Forman, 71 The Oval, expressed concern with granting of a special exception for 73 The Oval stating the average size of 60 homes in the area is approximately 5,000 square feet with the average lot size being 15,000 square foot, with a 23% coverage ratio. He stated concern over the size of the proposed house, that it is not a single-family home, and disagreed with increased property values.
Mr. Bob Presley, 65 The Oval, strongly opposed granting of the special exception noting that restrictions have been in place for over 20 years with purposes to protect the aesthetic and property values stating that lower property values would be detrimental to his property value. Mr. Presley questioned whether the structure would be in keeping with the neighborhood and requested the special exception be rejected.
Mr. Steven Varney, 2 Palm Meadows, stated the proposed structure is larger than his home which sits on two lots. He stated that the house will look like a hotel, has no architecture, will be out of place, and he opposes the special exception.
Mr. Robert Daigle, Robert Daigle Builders, Incorporated, stated the architect of the proposed house is Patrick Barios, 2005 Prism Award winner, and the house definitely has architecture noting that the plans have been approved by First Colony Community Association. An increase in property values was noted for a nearby neighbor which increased from $128,000 last year to $384,000 this year.
Ms. Karen Wofman, 81 The Oval, said she agrees with Mr. Forman and others who are opposed to the special exception, the house would be out of place and change the quality of the neighborhood.
Vice-Chairman Lord entertained further comments and or questions, hearing none the public hearing was closed.
SPECIAL EXCEPTION – REAR YARD SETBACK 73 THE OVAL
Vice-Chairman Lord introduced consideration on
a special exception to the rear yard setback requirements in the Restricted Single-Family
Residential (R-1R) District, Lot 6, Block 3, Sweetwater Section 2, being 73 The
Oval.
Mr. Dunham stated members should consider whether the house fits the lot size. Mr. Lord stated that the first three criteria are met; therefore, members should be considering Criteria Four (Detrimental to public welfare of injurious to neighborhood; no apparent public safety issues and does not appear to be incompatible with the neighborhood).
recessed
Vice-Chairman Lord recessed the Regular Meeting to go into Closed
Executive Session, time 5:32 p.m.
CLOSED EXECUTIVE SESSION
Vice-Chairman Lord introduced Closed Executive Session as authorized by Chapter 551, Texas Government Code, in accordance with:
Legal Advice: Section 551.071, Texas Government Code (Consultation with an Attorney to receive legal advice)
A. For the purpose of discussion with
respect to the special exception to the rear yard setback requirements in the
Restricted Single-Family Residential (R-1R) District, Lot 6, Block 3, Sweetwater
Section 2, being 73 The Oval.
RECONVENED – PUBLIC MEETING
Vice-Chairman Lord reconvened the Zoning Board of Adjustment
Meeting, 5:40 p.m.
Ms. Huebner inquired about the square footage of the proposed
structure; response was that the structure would be 9,000 square feet or
less. There were questions regarding a
swimming pool, deed restrictions, and the footprint of the house.
Mr. Daigle explained the footprint is of the first floor and includes
porches and garages. The second floor is
not considered in the footprint.
Discussion ensued regarding the size of the proposed house and other
houses in the vicinity, and whether the house is compatible with the character
of the neighborhood.
Following a full and complete discussion, Mr.
Dunham, seconded by Mr. Holmes, made a motion to approve
a special exception to the rear yard setback requirements in the Restricted Single-Family
Residential (R-1R) District, Lot 6, Block 3, Sweetwater Section 2, being 73 The
Oval, pursuant to the site plan.
Ms. Porter made a motion to amend the motion to include the condition
that the living area not exceed 9,000 square feet. Ms. Huebner seconded the amending
motion. Following discussion the amended
motion carried unanimously.
Following a full and complete discussion, the motion by Mr.
Dunham, seconded by Mr. Holmes, to approve a special
exception to the to the rear yard setback requirements in the Restricted Single-Family
Residential (R-1R) District, Lot 6, Block 3, Sweetwater Section 2, being 73 The
Oval, pursuant to site plan with the amendment that the living area not exceed
9,000 square feet carried unanimously.
ADJOURN
There, being no further business to come before the Board, Ms. Porter, seconded by Mr. Dunham, moved that the meeting adjourn. The motion carried unanimously and the meeting adjourned, time at 5:59 P.M.
______________________________
Don Smithers, Chairman
______________________________
Glenda Gundermann, City Secretary
(SEAL)