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Zoning Board of Adjustment and Appeals

Agenda Request

Agenda Of:

April 28, 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 March 31, 2010

Approve Minutes

Exhibits:

Minutes March 31, 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 March 31, 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, March 31, 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, March 31, 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; Chairman Huebner, Vice Chairman Friedman, Mr. Holmes, Mr. Lazor and Mr. Schmidt were seated to hear the Special Exceptions.

 

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 February 17, 2010.

 

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 February 17, 2010.  The motion carried unanimously.

 

Public Hearing

 

5311 Cambridge Street

 

Chairman Huebner introduced the public hearing to receive and hear all persons desiring to be heard on a request for Special Exception to the Restricted Single Family Residential (R-1R) District rear yard setback requirement for 5311 Cambridge Street, Lot 12 Block 3 Sutton Forest Section Two. 

 

Mr. Harold Ellis, Planner II stated the applicants propose to construct a patio cover that will attach to the existing detached garage.  The property was platted in 1993, annexed in 1997, and zoned Restricted Single Family Residential (R-1R).

 

The property was developed with an 8-foot Utility Easement serving as the rear setback.  The zoning applied in 1997 requires a 30-foot rear setback; the existing home does not meet the current required rear yard setback.  The proposed addition will connect the house to the detached garage and extend beyond the current rear setback.  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.  Homes in the area both meet and not meet the required rear setback; most homes would not comply with a 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; two informational inquiries were received.

 

Staff recommends approval of the Special Exception in compliance with the submitted site plan; 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 the public hearing was closed.

 

special exception

 

5311 Cambridge Street

 

Chairman Huebner introduced consideration on the criteria for a Special Exception to the rear yard setback requirement for 5311 Cambridge Street.

 

There being no discussion on the four criteria required to grant the Special Exception, Chairman Huebner entertained a motion.

 

Mr. Friedman, seconded by Mr. Lazor, 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 with the condition the site plan and elevations be attached.  The motion carried unanimously.

 

Public Hearing

 

4503 April Meadow Way

 

Chairman Huebner introduced the public hearing to receive and hear all persons desiring to be heard on a request for Special Exception to the Restricted Single Family Residential (R-1R) District rear yard setback requirement for 4503 April Meadow Way, Lot 22 Block 1 Crescent Lakes Section Two. 

 

Ms. Ruth Lohmer, Senior Planner stated the property was platted in 1993, annexed into the City in 1997 and zoned Restricted Single Family Residential (R-1R).  The applicant proposes to construct a patio cover on the rear of the home; the existing home is approximately 40 feet from the rear yard property line and meets the current required rear yard setback.

 

The detached garage is 9 feet from the rear yard property line and the proposed patio cover is 4.5 feet from the garage; the addition does not meet the 10-foot minimum separation requirement and will be regulated as one primary structure to meet the required current zoning 30-foot rear setback.  Granting the Special Exception will allow the primary structure to meet the original 8-foot setback established by the utility easement on the Plat.

 

The proposed addition will not extend further into setbacks than the existing home.  Several homes in the area appear to not meet the required rear yard setback and 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; seven informational inquiries were received.

 

Staff recommends approval of the Special Exception with the condition that the patio be constructed in compliance with the site plan and submitted elevations.

 

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, the public hearing was closed.

 

special exception

 

4503 April Meadow Way

 

Chairman Huebner introduced consideration on a Special Exception to the rear yard setback requirement for 4503 April Meadow Way.

 

There being no discussion on the four criteria required to grant the Special Exception, Chairman Huebner entertained a motion.

 

Mr. Schmidt, seconded by Mr. Holmes 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 with the condition the site plan and elevations be attached.  The motion carried unanimously.

 

ADJOURN

 

There, being no further business to come before the Board, Mr. Lazor, seconded by Mr. Holmes, moved that the meeting adjourn.  The motion carried unanimously and the meeting adjourned, time at 5:15 o'clock P.M.

 

                                                           

Kathy Huebner, Chairman

 

                                                           

Glenda Gundermann, City Secretary

 

(SEAL)