Zoning Board of Adjustment & Appeals
	Agenda Request
Agenda Of:	1/20/2010	Agenda Request No:		iii-b
Initiated By:	Harold Ellis, planner II	Responsible Department:		planning
Presented By:	Harold Ellis, planner II	Assistant Planning Director:		douglas schomburg, aicp
		Additional Department. Head (s):		n/a
Subject / Proceeding:	special exception to the standard single-family residential (R-1) district rear yard setback requirement at 10 martin’s way in first colony mud no. 5 section 1 public hearing, consideration and action
Exhibits:	staff report, vicinity map, site plan, plat excerpt, site photos, aerial photograph, application, public hearing notice
Clearances			Approval
Legal:	n/a		Planning Director:	sabine somers-kuenzel, aicp signed by for SASK
Recommended Action
Approval of the requested Special Exception to allow the proposed addition in accordance with the attached site plan.
Executive Summary
The request is for a Special Exception from the required rear yard setback in the Standard Single-Family Residential (R-1) District for property located at 10 Martin’s Way in the First Colony MUD No. 5 Section One subdivision. The property was platted in 1990, and was developed with an eight-foot utility easement serving as the minimum rear yard. When the property was annexed into the City of Sugar Land in 1997, R-1 zoning was applied to the subdivision, which requires a fifteen-foot rear yard setback. Per Chapter 2, Article II, Section 2-194 (d) of Sugar Land’s Development Code, accessory structures such as garages or gazebos may be up to 5 feet from the side and rear property lines as long as a minimum of 10 feet of separation is maintained between the primary and accessory structures. If the 10-foot separation is not met, then the accessory structure (gazebo in this case) must meet the rear yard setback for the primary structure, as the two structures are then regulated as one structure, under the Development Code. The applicant has proposed to construct a gazebo in the rear yard of the house that would not meet the ten-foot separation from the existing primary structure (the house), essentially converting the two structures into one primary structure which would not meet the rear yard setback. Since the gazebo extends into the primary structure rear setback, the connection of the two buildings would make the home a non-conforming structure. Granting the Special Exception would relieve the fifteen-foot setback for the primary structure. Therefore, the entire structure including the gazebo and residence would be conforming. Applicant: cjporras57@yahoo.com File No. 11842
Exhibits

Staff Report

Request for a special exception to the Standard Single-Family Residential (R-1) district rear yard setback requirement for 10 Martin’s Way.

Subject Property Description:

Address: 10 Martin’s Way

Subdivision: First Colony MUD No. 5

Section: 1

Block: 2

Lot: 7

Annexation Date: 1997

Zoning District: Standard Single-Family Residential (R-1)

Site Analysis Matrix for Residential Construction:

Lot Area	20, 083 SF
Maximum Lot Coverage per Zoning	8,033 SF (40%)
Current Lot Coverage	3,174 SF (16%)
Additional Lot Coverage w/ Proposed Special Exception	n/a – all unenclosed
Total Lot Coverage w/ Proposed Special Exception	3,174 SF (16%)

Staff Analysis of Requested Special Exception- Four Development Code Criteria:

After the public hearing, the Board may, by concurrence of 75 percent of its members, grant a Special Exception to a residential setback required by Chapter 2 if the Board finds that:

Criteria One:

The latest recorded plat of the property was approved prior to being annexed into the City;

Plat recorded: 1990

Annexed: 1997

Criteria Two:

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 of Sugar Land Development Code (Chapter 2)

The recorded plat established a setback of 8 feet via a rear utility easement. Chapter 2 (Zoning) requires a setback of 15 feet. The recorded restrictions for the property are less restrictive than the City of Sugar Land zoning requirements.

Criteria Three:

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

The Special Exception would allow a proposed addition within 15 feet of the rear property line, which does not establish a setback that is less restrictive than the approved plat or recorded restrictions.

Criteria Four:

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.

Staff has examined the proposed Special Exception for key aspects:

· Public Safety Review: There do not appear to be any public safety issues associated with this request. Staff has not identified any safety concerns as a result of the proposed addition.

· Proposal and the Neighborhood – Rear Setback Comparison: The proposed addition appears to be generally compatible with the neighborhood based on an analysis of the proposed use of the site and an examination of the surrounding area. One key observation from an analysis of nearby properties is that majority of these residences were largely built in compliance with the plat and recorded restrictions, as opposed to the more restrictive zoning regulations.

Conditions:

To ensure that the granting of a 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, the Board may, as part of its decision to grant a Special Exception:

1. Impose reasonable conditions or restrictions; and

2. Grant a setback between the setback requested and the setback currently established in the residential zoning district.

Staff recommends that the Special Exception be approved subject to the following condition:

· Attachment of site plan to Special Exception showing proposal

PUBLIC HEARING:

Per Chapter Two, Article I of the Development Code, a notice of this Public Hearing was posted in a newspaper of general circulation and property owners within 200’ were notified by mail. In addition, the hearing notice was published on the City of Sugar Land Internet Home Page, and a courtesy notification sign was placed on the property in question. At the time of this report, we have received no inquiries.

Vicinity Map:

Applicant Site Plan:

Excerpt of Recorded Plat for First Colony MUD No. 5 Section 1:

PROPERTY IS PLATTED AS:

LOT 7, BLOCK 2, FIRST COLONY MUD NO. 5 SECTION ONE, RECORDED IN SLIDE 1070A, PLAT RECORDS OF FORT BEND COUNTY, TEXAS

(RECORDED IN 1990)

Site Photos:

Front of house

Area of construction

Aerial Photograph:

Application:

Public Hearing Notice:

NOTICE OF PUBLIC HEARING

SPECIAL EXCEPTION

10 MARTIN’S WAY

NOTICE OF PUBLIC HEARING ON A REQUEST FOR A SPECIAL EXCEPTION TO THE REAR YARD SETBACK REQUIREMENT IN THE STANDARD SINGLE FAMILY RESIDENTIAL (R-1) DISTRICT, 10 MARTIN’S WAY, LOT 7, BLOCK 2, FIRST COLONY MUD NO. 5 SUBDIVISION SECTION ONE

PURPOSE: ONE (1) PUBLIC HEARING SHALL BE HELD AT WHICH ALL PERSONS INTERESTED IN THE PROPOSED SPECIAL EXCEPTION REQUEST SHALL BE GIVEN AN OPPORTUNITY TO BE HEARD.

WHERE: CITY OF SUGAR LAND CITY COUNCIL CHAMBER

2700 TOWN CENTER BOULEVARD NORTH

WHEN: ZONING BOARD OF ADJUSTMENT AND APPEALS MEETING

5:00 P.M., JANUARY 20, 2010

DETAILS OF THE PROPOSED SPECIAL EXCEPTION MAY BE OBTAINED BY CONTACTING THE CITY OF SUGAR LAND PLANNING OFFICE AT (281) 275-2218 OR BY EMAIL AT PLANNING@SUGARLANDTX.GOV. THE PLANNING OFFICE IS OPEN MONDAY THROUGH FRIDAY FROM 8:00 O'CLOCK A.M. TO 5:00 O'CLOCK P.M., AND IS LOCATED AT CITY HALL, 2700 TOWN CENTER BOULEVARD NORTH, SUGAR LAND, TEXAS. PLEASE CONTACT US IF YOU WISH TO SET UP AN APPOINTMENT TO GO OVER ADDITIONAL DETAILS IN PERSON.

Vicinity Map: