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Zoning Board of Adjustment and Appeals

Agenda Request

Agenda Of:

10-28-09

Agenda Request No:

iii-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 September 09, 2009 Approve Minutes

Exhibits:

Minutes September 09, 2009

Clearances

Approval

Legal:

N/A

Director of Planning:

Sabine somers-kuenzel

Recommended Action

Approve the minutes of the Zoning Board of Adjustment and Appeals meeting September 09, 2009.

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, September 09, 2009

 

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, September 09, 2009 at 5:00 o'clock P.M. and the roll was called of the members to wit:

 

James Lord, Chairman

Kathy Huebner, Vice Chairman

Nancy Porter

Deloise Holmes

Sean Burnett

Shawn Outlaw, Alternate

E.G. (Bud) Friedman, Alternate

Jeff Tallas, Alternate

 

QUORUM PRESENT

 

All of said members were present, with the exception of Mr. Lord and Mr. Holmes, who were absent.

 

Also present were:

Doug Schomburg, Assistant Planning Director

Aaron Dobbs, Assistant City Attorney

Harold Ellis, Planner II

Nelda McGee, Executive Secretary, and

A Number of Visitors and Planning Staff

 

CONVENE MEETING

 

Vice Chairman Huebner convened the session, open to the public, to order at 5:00 o’clock P.M.

 

minutes

 

Vice Chairman Huebner introduced consideration on approval of the minutes of the Zoning Board of Adjustment and Appeals meeting held August 05, 2009.

 

Following a full and complete discussion, Mr. Tallas, seconded by Mr. Burnett, made a motion to approve the minutes of the Zoning Board of Adjustment and Appeals meeting held August 05, 2009.  The motion carried unanimously.

 

public hearing

 

94 Heathrow

 

Vice 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 rear yard setback requirement, 94 Heathrow, Block 5, Lot 9 and 10, Sweetwater Section One, in the Restricted Single-Family (R-1R) Residential District. 

 

Mr. Harold Ellis, Planner II stated the request is for an addition to the existing house.  The property was platted in 1981 and annexed in 1997; R-1R zoning was applied to the subdivision at that time. 

 

The property was developed with an eight-foot utility easement serving as rear setback.  Zoning requires a thirty-foot rear setback; the existing home does not meet the requirement.  The proposed addition will be constructed to the eight-foot utility easement, aligning with the existing home.  If approved, the special exception will allow the new addition to meet the original eight-foot setback.

 

The proposed addition will not extend further into the setback than the existing home.  No homes in the immediate area appear to meet the required rear setback or would not comply with a similar addition.  The subdivision was developed prior to annexation and zoning.

 

The first three special exception criteria have been met:

 

·         Property was platted prior to annexation

·         Recorded restrictions are less restrictive than setbacks per zoning

·         Special exception is not less restrictive than recorded restrictions

 

Staff found no issues with the fourth criterion:

           

·         Detrimental to public welfare or injurious to neighborhood

 

All requirements for the public hearing have been met and there is Homeowner Association approval.  Four informational inquiries were received and there is no known opposition.

 

Staff recommends approval of the special exception in compliance with the submitted site plan; the Board may consider attaching the elevation as a condition.

 

Vice Chairman Huebner opened the public hearing for a special exception to the rear yard setback requirement. 

 

No presentation was made by the applicant.

 

Vice Chairman Huebner entertained comments from the public.

 

Hearing no requests to speak, Vice Chairman Huebner closed the public hearing.

 

special exception

 

94 Heathrow

 

Vice Chairman Huebner introduced consideration on a request for a Special Exception to the rear yard setback requirement, 94 Heathrow, Block 5, Lot 9 and 10, Sweetwater Section One, in the Restricted Single-Family (R-1R) Residential District.

 

Vice Chairman Huebner introduced discussion and vote on the first three criteria necessary to approve a Special Exception:

 

1.      The plat for the property was recorded prior to its annexation into the City

2.      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 Development Code

3.      Granting the special exception will not establish any setback that is less restrictive than the setback established by the latest approved plat or other recorded restriction

 

Following a full and complete discussion, Mr. Tallas, seconded by Ms. Porter, made a motion to find the first three criteria for granting a Special Exception to the rear yard setback requirement for 94 Heathrow have been met.  The motion carried unanimously.

 

Vice Chairman Huebner introduced discussion and vote on the fourth criterion:

 

1.      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.

 

If the Board finds granting the special exception will be detrimental, the board may impose conditions to reduce or relieve the injury to make granting the Special Exception possible.

 

Following a full and complete discussion, Mr. Burnett, seconded by Mr. Friedman, made a motion to find the fourth criterion for granting a Special Exception to the rear yard setback requirement for 94 Heathrow has been met, with the condition that the site plan and elevation as submitted be a part of the approval.

 

Ms. Porter asked if the motion included two conditions.  Vice Chairman Huebner confirmed the two conditions:  1) site plan as submitted be a part of the approval, and 2) elevation as submitted be a part of approval.

 

Mr. Tallas asked about the construction shown in the presentation photographs.  Mr. Ellis stated the house is undergoing massive renovations and that construction as shown in the photos is not part of the addition. 

 

There being no further discussion on the motion, Vice Chairman Huebner called for the vote.  The motion carried unanimously.

 

The Board having found that the four criteria have been met for the rear yard setback requirement, Vice Chairman Huebner entertained a motion to approve or deny the Special Exception to the rear yard setback requirement for 94 Heathrow.

 

Following a full and complete discussion, Ms. Porter, seconded by Mr. Friedman, made a motion to approve the request for a Special Exception to the rear yard setback requirement, 94 Heathrow, Block 5, Lot 9 and 10, Sweetwater Section One, in the Restricted Single-Family (R-1R) Residential District, with the condition that the site plan and elevations as submitted be a part of the approved Special Exception.  The motion carried unanimously.

 

ADJOURN

 

There, being no further business to come before the Board, Mr. Tallas, seconded by Mr. Burnett moved that the meeting adjourn.  The motion carried unanimously and the meeting adjourned, time at 5:10 o'clock P.M.

 

 

                                                           

Kathy Huebner, Vice Chairman

 

 

 

                                                           

Glenda Gundermann, City Secretary

 

(SEAL)