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Zoning Board of Adjustment and Appeals

Agenda Request

Agenda Of:

07-28-2010

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 May 26, 2010

 Approve Minutes

Exhibits:

Minutes May 26, 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 May 26, 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, may 26, 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 May 26, 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. Allen Lazor and Mr. Deron Patterson, who were absent.

 

Also present were:

 

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 5:00 o’clock P.M.

 

minutes

 

Chairman Huebner introduced consideration on the minutes of the Zoning Board of Adjustment and Appeals meeting held April 28, 2010.

 

Following a full and complete discussion, Mr. Friedman, seconded by Ms. Camacho, made a motion to approve the minutes of the Zoning Board of Adjustment and Appeals meeting held April 28, 2010 as written. The motion carried unanimously.

 

public hearing

 

special exception, 4815 cambridge street, Sutton Forest 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 rear yard setback requirement for 4815 Cambridge Street, Lot 2, Block 2, Sutton Forest Section One in the Standard Single-Family (R-1) Residential District.  

 

Ms. Ruth Lohmer, Senior Planner stated the property was platted in 1991, annexed in 1997, and zoned Standard Single Family Residential (R-1); the applicant proposes to construct a patio cover that attaches to the rear of the existing home. 

 

The property was originally developed with an 8-foot utility easement serving as rear setback; current zoning requires a 15-foot rear setback.  The proposed patio cover will connect the home to the detached garage, and the primary structure will extend into the required rear yard setback.  Granting the Special Exception will allow the structure to meet the original 8-foot rear yard setback established by the utility easement.

 

The proposed addition will not extend further into setbacks than the existing home.  Area homes appear to both meet and not meet the required rear yard setback; some would not comply with a similar addition.  The addition appears architecturally compatible with neighborhood; 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 inquiries were received, one informational and one in favor of the addition.

 

Staff recommends approval of the Special Exception with the conditions it is in compliance with the site plan and in compliance with the elevations submitted by the applicant. The applicant did not address the Board.

 

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

 

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

 

special exception

 

4815 Cambridge Street, Sutton Forest Section One

 

Chairman Huebner introduced consideration on the criteria for a Special Exception to the rear yard setback requirement for 4815 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 Ms. Camacho, made a motion to find that all four criteria have been met and that the statements under Section 2-50, Subsection (a), Subdivisions (1) through (4) of the Sugar Land Development Code have been met; to approve the Special Exception to the rear yard setback requirement for 4815 Cambridge Street, Sutton Forest Section One in compliance with the site plan and elevations submitted.  The motion carried unanimously.

 

ADJOURN

 

There, being no further business to come before the Board, Mr. Schmidt seconded by Mr. Holmes moved that the meeting adjourn.  The motion carried unanimously and the meeting adjourned, time at 5:07 o'clock P.M.

 

 

                                                           

Kathy Huebner, Chairman

 

 

                                                           

Glenda Gundermann, City Secretary

 

(SEAL)