Agenda Request

	Zoning Board of Adjustment and Appeals
	Agenda Request
Agenda Of:	01-20-10	Agenda Request No:		ii-a
Initiated By:	NELDA MCGEE, 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 December 16, 2009 Approve Minutes
Exhibits:	Minutes December 16, 2009
Clearances			Approval
Legal:	N/A		Planning Director:	Sabine somers-kuenzel
Recommended Action
Approve the minutes of the Zoning Board of Adjustment and Appeals meeting December 16, 2009.
Exhibits

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

CITY OF SUGAR LAND

ZONING BOARD OF ADJUSTMENT AND APPEALs MEETING

wednesday, december 16, 2009

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, December 16, 2009 at 5:00 o'clock P.M. and the roll was called of the members to wit:

Kathy Huebner, Chair

E.G. (Bud) Friedman, Vice Chair

Deloise Holmes, Jr.

Allen Lazor

Gregory Schmidt

Vivian Camacho, Alternate

John Novak, Alternate

Deron Patterson, Alternate

QUORUM PRESENT

All of said members were present, with the exception of Mr. Holmes, Mr. Friedman, and Ms. Camacho who were absent.

Also present were:

Doug Schomburg, Assistant Planning Director

Eugenia Cano, Assistant City Attorney

Glenda Gundermann, City Secretary, and

A Number of Visitors and Planning Staff

CONVENE MEETING

Chairman Huebner convened the session, open to the public, to order at 5:00 o’clock P.M.

Minutes

Chairman Huebner introduced consideration on approval of the minutes of the Zoning Board of Adjustment and Appeals meeting held November 18, 2009.

Following a full and complete discussion, Mr. Schmidt, seconded by Mr. Lazor, made a motion to approve the minutes of the Zoning Board of Adjustment and Appeals meeting held November 18, 2009. The motion carried unanimously.

Public Hearing

17 Court of St. Jude

Chairman Huebner introduced the public hearing to receive and hear all persons desiring to be heard on a request for Special Exception to the rear yard setback requirement, 17 Court of St. Jude, Lot 1, .2422 Acres First Colony Municipal Utility District No. 5 Section One in the Standard Single Family Residential (R-1) District.

Mr. Harold Ellis, Planner II stated the applicant proposes a patio cover to the existing house; the subdivision was platted in 1990 and annexed Standard Single Family Residential (R-1) in 1997. The property was initially developed with a six-foot Utility Easement serving as rear setback; a fifteen-foot rear setback was implemented when zoning was applied in 1997; the existing home meets the required rear setback.

The proposed addition will connect the house to the detached garage with a patio cover extending beyond the rear setback. The Special Exception will allow the entire structure to meet the original six-foot setback. The proposed addition will not extend further into any setback than the existing home.

Homes in the area appear to not meet the required rear yard setback; most will not comply with similar addition without a Special Exception. The subdivision was developed prior to annexation and zoning.

The first three Special Exception criteria have been met:

· Property was platted prior to annexation

· Recorded restrictions are less restrictive than setbacks per zoning

· Special Exception is not less restrictive than recorded restrictions

Staff found no apparent issues with the fourth criterion:

· Detrimental to public welfare or injurious to neighborhood

All requirements for the public hearing have been met; no inquiries were received.

Staff recommends approval of the Special Exception in compliance with site plan submitted by the applicant; the Board may consider attaching the elevation as a condition of approval.

Chairman Huebner opened the public hearing for a Special Exception to the rear yard setback requirement.

No presentation was made by the applicant.

Chairman Huebner entertained comments from the public.

Hearing no requests to speak, Chairman Huebner closed the public hearing.

Special Exception

17 Court of St. jude

Chairman Huebner introduced consideration on the Special Exception to the rear yard setback requirement, 17 Court of St. Jude, Lot 1, .2422 Acres, First Colony Municipal Utility District No. 5 Section One in the Standard Single Family Residential (R-1) District.

Chairman Huebner introduced discussion and vote on the first three criteria to approve a Special Exception:

1. The plat for the property was recorded prior to its annexation into the City

2. The latest recorded plat of the property establishes a setback or other recorded restriction that results in a setback that is less restrictive than the setback required by the City Development Code

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

Following a full and complete discussion, Mr. Novak, seconded by Mr. Lazor made a motion to find that the first three criteria for granting a Special Exception to the rear yard setback requirement for 17 Court of St. Jude have been met. The motion carried unanimously.

Chairman Huebner introduced discussion and vote on the fourth criterion:

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

If the Board finds granting the Special Exception will be detrimental, the board may impose conditions to reduce or relieve the injury to make granting the Special Exception possible.

Following a full and complete discussion, Mr. Lazor, seconded by Mr. Novak, made a motion to find the fourth criterion for granting a Special Exception to the rear yard setback requirement for 17 Court of St. Jude has been met, with the condition that the elevation be attached. The motion carried unanimously.

The Board having found that the four criteria have been met for the rear yard setback requirement, Chairman Huebner entertained a motion to approve or deny the Special Exception to the rear yard setback requirement for 17 Court of St. Jude.

Following a full and complete discussion, Mr. Lazor, seconded by Mr. Patterson, made a motion to approve the request for a Special Exception to the rear yard setback requirement for 17 Court of St. Jude, with the condition that the elevation be attached. The motion carried unanimously.

Public Hearing

10 Greenlaw Court

Chairman Huebner introduced the public hearing to receive and hear all persons desiring to be heard on a request for Special Exception to the rear yard setback requirement, 10 Greenlaw Court, Lot 31, Block 2, Commonwealth Estates Section One in the Restricted Single Family Residential (R-1R) District.

Mr. Harold Ellis, Planner II stated the applicant desires to add a patio cover to the existing house; the subdivision was platted in 1990 and annexed Restricted Single Family Residential (R-1R) in 1997. The property is located south of Palm Royale and west of Knights Bridge on Greenlaw Court and was initially developed with a ten-foot Utility Easement serving as rear setback. Zoning requires a thirty-foot rear yard setback; the existing home meets the required rear setback.

The proposed addition will connect the house to the detached garage with a patio cover extending beyond the current rear setback. The Special Exception will allow the structure to meet the original ten-foot setback.

The proposed addition will not extend further into any setbacks than the existing home.

Homes in the area appear to meet and not meet the required rear yard setback due to varying lot sizes/shapes and placement of structures; most of the homes would not comply with a similar addition without a Special Exception.

The first three Special Exception criteria have been met:

· Property was platted prior to annexation

· Recorded restrictions are less restrictive than setbacks per zoning

· Special Exception is not less restrictive than recorded restrictions

Staff found no apparent issues with the fourth criterion:

· Detrimental to public welfare or injurious to neighborhood

All requirements for the public hearing have been met; two informational inquiries were received.

Staff recommends approval of the Special Exception in compliance with the submitted site plan; the Board may consider attaching elevation as a condition.

Chairman Huebner opened the public hearing for a Special Exception to the rear yard setback requirement.

No presentation was made by the applicant.

Chairman Huebner entertained comments from the public.

Hearing no requests to speak, Chairman Huebner closed the public hearing.

Special Exception

10 Greenlaw Court

Chairman Huebner introduced consideration on the Special Exception to the rear yard setback requirement, 10 Greenlaw Court, Lot 31, Block 2, Commonwealth Estates Section One in the Restricted Single Family Residential (R-1R) District.

Chairman Huebner introduced discussion and vote on the first three criteria to approve a Special Exception:

1. The plat for the property was recorded prior to its annexation into the City

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

Following a full and complete discussion, Mr. Patterson, seconded by Mr. Schmidt made a motion to find that the first three criteria for granting a Special Exception to the rear yard setback requirement for 10 Greenlaw Court have been met. The motion carried unanimously.

Chairman Huebner introduced discussion and vote on the fourth criterion:

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

If the Board finds granting the Special Exception will be detrimental, the board may impose conditions to reduce or relieve the injury to make granting the Special Exception possible.

Following a full and complete discussion, Mr. Novak, seconded by Mr. Lazor, made a motion to find the fourth criterion for granting a Special Exception to the rear yard setback requirement for 10 Greenlaw Court has been met, with the condition that the site-plan and elevation be attached. The motion carried unanimously.

Following a full and complete discussion, Mr. Schmidt seconded by Mr. Novak, made a motion to approve the request for a Special Exception to the rear yard setback requirement for 10 Greenlaw Court, with the condition that the site plan and elevation be attached. The motion carried unanimously.

Public Hearing

4730 Dunleigh Court

Chairman Huebner introduced the public hearing to receive and hear all persons desiring to be heard on a request for Special Exception to the rear yard setback requirement, 4730 Dunleigh Court, Lot 15, Block 2, Sutton Forest Section Two in the Restricted Single Family Residential (R-1R) District.

Mr. Harold Ellis, Planner II stated the applicant proposes to add a patio cover to the existing house. The subdivision was platted in 1993, annexed Restricted Single Family Residential (R-1R) in 1997, and originally developed with an eight-foot Utility Easement serving as rear setback. A thirty-foot rear setback was implemented by zoning; the existing home meets the required rear setback.

The proposed addition will connect the house to the detached garage with a patio cover extending beyond the current rear setback. The Special Exception will allow the entire structure to meet the original ten-foot setback. The proposed addition will not extend further into any setbacks than the existing home.

Many homes in the area appear to not meet the required rear yard setback; most would not comply with a similar addition without a Special Exception.

The first three Special Exception criteria have been met:

· Property was platted prior to annexation

· Recorded restrictions are less restrictive than setbacks per zoning

· Special Exception is not less restrictive than recorded restrictions

Staff found no apparent issues with the fourth criterion:

· Detrimental to public welfare or injurious to neighborhood

All requirements for the public hearing have been met. Five informational inquiries were received; one was in support of the Special Exception.

Staff recommends approval of the Special Exception in compliance with the submitted site plan; the Board may consider attaching the elevation as a condition.

Chairman Huebner opened the public hearing for a Special Exception to the rear yard setback requirement.

No presentation was made by the applicant.

Chairman Huebner entertained comments from the public.

Hearing no requests to speak, Chairman Huebner closed the public hearing.

Special Exception

4730 dunleigh Court

Chairman Huebner introduced consideration on the Special Exception to the rear yard setback requirement, 4730 Dunleigh Court, Lot 15, Block 2, Sutton Forest Section Two in the Restricted Single Family Residential (R-1R) District.

Chairman Huebner introduced discussion and vote on the first three criteria to approve a Special Exception:

1. The plat for the property was recorded prior to its annexation into the City

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

Following a full and complete discussion, Mr. Patterson, seconded by Mr. Schmidt made a motion to find that the first three criteria for granting a Special Exception to the rear yard setback requirement for 4730 Dunleigh Court have been met. The motion carried unanimously.

Chairman Huebner introduced discussion and vote on the fourth criterion:

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

If the Board finds granting the Special Exception will be detrimental, the board may impose conditions to reduce or relieve the injury to make granting the Special Exception possible.

Following a full and complete discussion, Mr. Novak, seconded by Mr. Patterson made a motion to find the fourth criterion for granting a Special Exception to the rear yard setback requirement for 4730 Dunleigh Court has been met, with the condition that the site-plan and elevation be attached. The motion carried unanimously.

Following a full and complete discussion, Mr. Schmidt seconded by Mr. Lazor, made a motion to approve the request for a Special Exception to the rear yard setback requirement for 4730 Dunleigh Court, with the condition that the site plan and elevation be attached. The motion carried unanimously.

ADJOURN

There, being no further business to come before the Board, Mr. Novak, seconded by Mr. Lazor moved that the meeting adjourn. The motion carried unanimously and the meeting adjourned, time at 5:26 o'clock p.m.

Kathy Huebner, Chairman

Glenda Gundermann, City Secretary

(SEAL)