Zoning Board of Adjustment and Appeals
	Agenda Request
Agenda Of:	May 26, 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 Secretary
		Additional Department. Head (s):		N/A
Subject / Proceeding:	Minutes Zoning Board of Adjustment and Appeals Meeting April 28, 2010 Approve Minutes
Exhibits:	Minutes April 28, 2010
Clearances			Approval
Legal:	N/A		Interim Planning Director:	Doug Schomburg
Recommended Action
Approve the minutes of the Zoning Board of Adjustment and Appeals meeting April 28, 2010.
Exhibits

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

CITY OF SUGAR LAND

ZONING BOARD OF ADJUSTMENT AND APPEALs MEETING

wednesday, april 28, 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, April 28, 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. Holmes and Mr. Patterson, who were absent. Chairman Huebner, Vice Chairman Friedman, Mr. Lazor, Mr. Schmidt, and Mr. Novak were seated to hear the Special Exception.

Also present were:

Doug Schomburg, Interim 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 5:01 o’clock P.M.

minutes

Chairman Huebner introduced consideration on the minutes of the Zoning Board of Adjustment and Appeals meeting held March 31, 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 March 31, 2010. The motion carried unanimously.

public hearing

SPECIAL EXCEPTION, 1807 Rosewood Lane, THE LAKES SECTION ONE

Chairman Huebner introduced the public hearing to receive and hear all persons desiring to be heard on a request for Special Exception to the Standard Single Family Residential (R-1R) District rear yard setback requirement for 1807 Rosewood Lane, Lot 16, Block 3, The Lakes Section One.

Mr. Harold Ellis, Planner II stated the applicant proposes to construct a patio cover that attaches to the rear of the existing house connecting to the existing detached garage. The property was platted in 1996, annexed in 1997, and zoned Standard Single Family Residential (R-1).

The property was originally developed with an 8-foot utility easement serving as rear setback. The zoning applied in 1997 requires a 15-foot rear setback; the existing home meets the current required rear yard setback, the proposed addition will extend beyond the current rear setback. Granting the Special Exception will allow the entire structure to meet the original 8-foot rear yard setback.

The proposed addition will not extend further into setbacks than the existing detached garage. Homes in the area both meet and do not meet the required rear yard setback; most homes would not comply with a similar addition without the Special Exception process. 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; one informational inquiry was received.

Staff recommends approval of the Special Exception in compliance with the 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.

The applicant did not attend the public hearing.

Chairman Huebner entertained comments from the public; hearing no requests to speak, the public hearing was closed.

special exception

1807 Rosewood Lane, THE LAKES SECTION ONE

Chairman Huebner introduced consideration on the criteria for a Special Exception to the rear yard setback requirement for 1807 Rosewood Lane.

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

Mr. Schmidt asked staff if there was an elevation the Board could review; Mr. Ellis provided the elevation for review.

Mr. Schmidt, seconded by Mr. Friedman, 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 for 1807 Rosewood Lane, Lot 16, Block 3, The Lakes Section One with the condition that the site plan and elevation be attached as a condition of approval. The motion carried unanimously.

ADJOURN

There, being no further business to come before the Board, Mr. Lazor, seconded by Mr. Novak, moved that the meeting adjourn. The motion carried unanimously and the meeting adjourned, time at 5:09 o'clock P.M.

Kathy Huebner, Chairman

Glenda Gundermann, City Secretary

(SEAL)