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Zoning Board of Adjustment and Appeals

Agenda Request

Agenda Of:

03-31-2010

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 SecretaryINITIAL

 

 

Additional Department. Head (s):

N/A

Subject / Proceeding:

Minutes Zoning Board of Adjustment and Appeals Meeting February 17, 2010 Approve Minutes

Exhibits:

Minutes February 17, 2010

Clearances

Approval

Legal:

N/A

Planning Director:

Sabine somers-kuenzel

Recommended Action

Approve the minutes of the Zoning Board of Adjustment and Appeals meeting February 17, 2010.

Exhibits

 

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, february 17, 2010

 

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, February 17, 2010 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. Friedman and Mr. Lazor, who were absent.

 

Also present were:

Sabine Somers-Kuenzel, Planning Director

Doug Schomburg, Assistant Planning Director

Aaron Dobbs, Assistant City Attorney

Nelda McGee, Executive Secretary, and

A Number of Visitors and Planning Staff

 

CONVENE MEETING

 

Chairman Huebner convened the session, open to the public, to order at 5:02 o’clock P.M.

 

minutes

 

Chairman Huebner introduced consideration on the minutes of the Zoning Board of Adjustment and Appeals meeting held January 20, 2010.

 

Following a full and complete discussion, Mr. Novak, seconded by Mr. Schmidt, made a motion to approve the minutes of the Zoning Board of Adjustment and Appeals meeting held January 20, 2010.  The motion carried unanimously.

 

Public hearing

 

4003 Bountiful Crest Lane

 

Chairman Huebner introduced the public hearing to receive and hear all persons desiring to be heard on a request for a Special Exception to the Standard Single Family Residential (R-1) District rear yard setback requirement, 4003 Bountiful Crest Lane, Lot 7, Block 6, Oaks of Alcorn Section 1. 

 

Mr. Harold Ellis, Planner II stated the Oaks of Alcorn Section I was originally platted in 1989, annexed in 1995, is currently zoned R-1; applicant desires to add a patio cover to the existing house. The property was originally developed with a 8-foot Utility Easement serving as the rear setback; the home meets the 15-foot rear setback required by current zoning. 

 

The proposed addition will connect the house to the detached garage and extend beyond the current rear setback; the addition does not physically attach to either structure, but is considered connected since it does not meet the 10-foot separation requirement.  Granting the Special Exception will allow the entire structure to meet the original 8-foot setback.

 

The proposed addition will not extend further into setbacks than the existing home.  Most homes in the area would 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:

 

1.      Property was platted prior to annexation

2.      Recorded restrictions are less restrictive than setbacks per zoning

3.      Special Exception is not less restrictive than recorded restrictions

 

Staff found no apparent issues with the fourth criterion:

           

4.      Detrimental to public welfare or injurious to neighborhood

 

All requirements for the public hearing have been met; three informational 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 elevations 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

 

4003 Bountiful Crest Lane

 

Chairman Huebner introduced consideration on a Special Exception to the rear yard setback requirement for 4003 Bountiful Crest Lane in the Standard Single Family Residential (R-1) District.

 

Following a full and complete discussion, Mr. Schmidt, seconded by Mr. Novak, made a motion to find that the statements under Section 2-50, Subsection (a), Subdivisions (1) through (4) of the Sugar Land Development Code have been met and moved to approve the Special Exception to the rear yard setback requirement on the condition that the site plan elevation be attached.  The motion carried unanimously.

 

ADJOURN

 

There, being no further business to come before the Board, Mr. Novak, seconded by Ms. Camacho moved that the meeting adjourn.  The motion carried unanimously and the meeting adjourned, time at 5:08 o'clock P.M.

 

 

                                                           

Kathy Huebner, Chairman

 

 

 

                                                           

Glenda Gundermann, City Secretary

 

(SEAL)