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Zoning Board of Adjustment and Appeals

Agenda Request

Agenda Of:

11-18-09

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 October 28, 2009 Approve Minutes

Exhibits:

Minutes October 28, 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 October 28, 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, october 28, 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, October 28, 2009, 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.

 

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 5:12 o’clock P.M.

 

Orientation

 

Chairman Huebner introduced orientation and training for members of the Zoning Board of Adjustment and Appeals. 

 

Ms. Sabine Somers-Kuenzel, Planning Director introduced the Planning team members and provided an overview of the staff responsibilities and asked the members of the board to introduce themselves:

 

·         Allen Lazor – 4-year Sugar Land resident; attorney with prior experience in land-use control issues

·         Greg Schmidt – Partner in Texas Engineering and Mapping; professional engineer and land surveyor

·         Deron Patterson – 10-year Sugar Land resident

·         Vivian Camacho – 6-year Sugar Land resident; Higher Education and Research, Houston Baptist University

·         John Novak – 2-year Sugar Land resident; commercial real estate and retired pediatric dentist

·         Deloise Holmes – 15-year Sugar Land resident; attorney, CPA, and reappointed Board member

·         Bud Friedman – 25-year Sugar Land resident; commercial real estate and reappointed Board member

·         Kathy Huebner – 22-year Sugar Land resident; registered nurse, former Planning and Zoning Commissioner and reappointed board member

 

Ms. Somers-Kuenzel stated there are three departments under Community Development:  Planning, Building Permits and Inspections, and Transportation.  The Planning Department serves as liaison to the Board, prepares all case materials for the Board, and coordinates with other City staff when necessary.

 

ZBA authority and decision limitations are created by:

 

 

The Board oversees variances, appeals, and special exceptions.  The bulk of cases heard are special exceptions; the category was created to address post-annexation previously developed single family development. 

 

Mr. Doug Schomburg, Assistant Planning Director stated Planning Department staff meets with developers and/or applicants, reviews and analyzes applications, publishes public hearing notices, performs field investigations, and documents information for presentation to the Board, applicants may also address the Board; this is most important in the appeals process which requires the applicant to prove staff’s decision was incorrect.  Pursuant to policy, individuals must be sworn-in by the Chair before addressing the Board. 

 

Special exceptions, appeals, and variances all require public notice through posting on City Hall bulletin boards, newspaper, internet, and written notice to property owners within 200 feet of the property and contact information signage on property that is lot specific.

 

Mr. Harold Ellis, Planner II stated the majority of variances are residential; four criteria must be met to grant the variance:

 

  1. Special circumstances or conditions applying to land or building

 

Examples of special circumstances or conditions for land include significantly smaller lot size, irregular shaped lot, and an easement through the lot.  Examples of special circumstances or conditions for a building include a previously constructed home that does not meet setback requirements and an addition to a previously constructed commercial building that matches the finish, but does not meet current City building finish standards.

 

  1. Not detrimental to public welfare or surrounding property
  2. Necessary for Reasonable Use of Land
  3. Literal enforcement of regulations results in unnecessary hardship

 

A variance should not be financial in nature and requires a supermajority (4 out of 5 votes) for approval.   Decision options include approval, denial, approval with conditions, or table the decision.  Reasonable conditions to mitigate the impact of the proposal include site plans, elevations, and increased buffering.  The Board may request an amended variance if deemed necessary.  Mr. Schomburg clarified that the Board can grant an amended variance, but it cannot grant more than what was published.

 

Ms. Ruth Lohmer, Senior Planner stated that the special exception process was created to address zoning issues with developed annexation areas for residential setbacks only.  There are four criteria for granting the special exception;

 

1.      Property was platted prior to annexation (Objective)

2.      Recorded restrictions are less restrictive than required by zoning (Objective)

3.      Special exception not less restrictive than recorded restrictions (Objective)

4.      Granting Special exception would not be detrimental to public welfare or injurious to neighborhood (Subjective)

 

Staff will determine that the first three criteria have been met before bringing to the Board for consideration; staff will provide information to the Board for discussion and analysis on any anticipated detriments to the fourth criterion.  Decision options include approval, denial, approval with conditions, or table.  Common conditions for approval include compliance with site layout plan and compliance with elevation to ensure what is proposed is built.

 

Mr. Schomburg clarified that setback requirements impact vertical structures such as coverings and enclosures, not flatwork.  Detached garages have a different setback requirement; structure may have a covered breezeway, but if enclosed by walls or closer than 10 feet to the house requires Board approval.

 

Homes in neighborhoods built in the City under current zoning regulations and platted under current lot requirements and setbacks are not eligible for hardship variances.  Properties brought in through MUD District annexations are eligible as setbacks and district lot size requirements are different from the city.

 

Ms. Lohmer stated that the appeals process is available to applicants who believe staff interpretation of the Code is an incorrect decision; the burden of proof is on the applicant to demonstrate that their interpretation is correct.  A vote of 4 out of 5 is required to overturn a staff decision; the Board is the final authority. 

 

Mr. Aaron Dobbs, Assistant City Attorney reviewed special exception motions.  The first motion is that the first three criteria have been met, the fourth criteria requires a separate motion which may include conditions as provided by the Development Code.  The final motion made is to grant/deny the special exception; conditions may be included in the motion.

 

Mr. Schmidt asked if the Board had the ability to attach the elevation; Chairman Huebner stated this is usual practice to ensure applicant compliance with proposal submitted to the Board.  The Board can grant less than requested, but never more.  Mr. Schomburg added the written record will stand, but staff might require modifications for permit.

 

Mr. Dobbs addressed legal considerations for:

 

 

 

 

 

 

Mr. Dobbs explained the following legal terms for Board Members:

           

 

 

Mr. Schomburg stated the Rules and Procedures included in the board member binders were adopted in 2008 and cover key issues, including motions, swearing-in speakers, and manner of asking questions.   A unique difference in the action of the ZBA is once a request is denied it cannot come back before the Board; only if the facts significantly change will the board hear a case a second time. 

 

recess MEETING

 

Chairman Huebner recessed the session at 6:17 o’clock P.M.

 

RECONVENE MEETING

 

Chairman Huebner reconvened the session at 6:20 o’clock P.M.

 

minutes

 

Chairman Huebner introduced consideration on approval of the minutes of the Zoning Board of Adjustment and Appeals meeting held September 09, 2009.

 

Following a full and complete discussion, Mr. Friedman, seconded by Mr. Schmidt, made a motion to approve the minutes of the Zoning Board of Adjustment and Appeals meeting held September 09, 2009.  The motion carried unanimously.

 

public hearing

 

23 Burwick Street

 

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, 23 Burwick Street, Block 3, Lot 3, Commonwealth Estates Section One, in the Restricted Single-Family (R-1R) Residential District. 

 

Mr. Harold Ellis, Planner II stated the request is for a proposed patio cover addition to the rear of the home that will attach to the existing detached garage.  The property was platted in 1990 and annexed into the City of Sugar Land in 1997; Restricted Single Family Residential (R-1R) zoning was applied to the property. 

 

The property was originally developed with a 16-foot utility easement serving as the rear setback; the existing home meets the zoning requirement for a 30-foot rear setback.  The proposed patio cover addition will connect the house to the detached garage, creating one structure that will not meet the current rear yard setback requirement.  The special exception will allow the entire structure to meet the original 16-foot rear setback.

 

Homes in the area appear to both meet and not meet the required rear setback; with a similar addition, none of the homes would comply without a special exception. 

 

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;   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.

 

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

 

23 Burwick

 

Chairman Huebner introduced consideration on a Special Exception to the rear yard setback requirement, 23 Burwick Street, Block 3, Lot 3, Commonwealth Estates Section One, in the Restricted Single-Family (R-1R) Residential District.

 

Chairman Huebner introduced discussion and vote on the first three criteria 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. Lazor, seconded by Mr. Schmidt, made a motion to find that the first three criteria for granting a Special Exception to the rear yard setback requirement for 23 Burwick Street have been met.  The motion carried unanimously.

 

Chairman Huebner introduced discussion and vote on the fourth criterion:

 

4.      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, Vice Chairman Friedman, seconded by Mr. Schmidt, made a motion to find the fourth criterion for granting a Special Exception to the rear yard setback requirement for 23 Burwick Street has been met, with the condition the site plan be attached.  The motion carried unanimously.

 

The Board having found that the four criteria have been met for the rear yard setback requirement, Chairman Huebner entertained a motion to approve or deny the Special Exception to the rear yard setback requirement for 23 Burwick Street.

 

Following a full and complete discussion, Mr. Lazor, seconded by Mr. Schmidt, made a motion to approve the request for a Special Exception to the rear yard setback requirement, 23 Burwick Street, Block 3, Lot 3, Commonwealth Estates Section One, in the Restricted Single-Family (R-1R) Residential District, with the condition that the site plan be attached.  The motion carried unanimously.

 

ADJOURN

 

There, being no further business to come before the Board, Vice Chairman Friedman, seconded by Mr. Schmidt moved that the meeting adjourn.  The motion carried unanimously and the meeting adjourned, time at 6:29 o'clock P.M.

 

 

                                                           

Kathy Huebner, Chairman

 

 

 

                                                           

Glenda Gundermann, City Secretary

 

(SEAL)