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Zoning Board of Adjustment and Appeals

Agenda Request

Agenda Of:

12-16-09

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 November 18, 2009 Approve Minutes

Exhibits:

Minutes November 18, 2009

Clearances

Approval

Legal:

N/A

Planning Director:

Sabine somers-kuenzel

Recommended Action

Approve the minutes of the Zoning Board of Adjustment and Appeals meeting November 18, 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, november 18, 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, November 18, 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, with the exception of Chairman Huebner, Ms. Camacho, and Mr. Patterson, who were absent.

 

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

 

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

 

Minutes

 

Vice Chairman Friedman introduced consideration on approval of the minutes of the Zoning Board of Adjustment and Appeals meeting held October 28, 2009.

 

Following a full and complete discussion, Mr. Novak, seconded by Mr. Lazor, made a motion to approve the minutes of the Zoning Board of Adjustment and Appeals meeting held October 28, 2009.  The motion carried unanimously.

 

Public Hearing

 

14 Aylesbury Court

 

Vice Chairman Friedman 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, 14 Aylesbury Court, Block 1, Lot 11 Sweetwater Section Twelve, in the Restricted Single Family (R-1R) Residential District. 

 

Mr. Harold Ellis, Planner II stated the applicants are proposing a patio cover to the existing house and detached garage.  The property was platted in 1985 and annexed in 1997, at which time R-1R zoning was applied to the subdivision.   The lot is located south of Palm Royale Boulevard on Aylesbury Court and north of St. Michaels Court.

 

The property was originally developed with an 8-foot utility easement serving as the rear setback; current zoning requires a 30-foot rear yard setback.  The existing home does meet the original rear yard setbacks.  The proposed addition will connect the existing home with the detached garage with the proposed patio cover extending beyond the current rear yard setback.  The Special Exception will allow the entire structure to meet the original 8-foot setback.

 

The proposed patio cover will not extend further into any setbacks than the existing home. 

 

Homes in the area appear to both meet and not meet the required rear yard setback; most of the homes would not comply if a similar addition was built.

 

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.

 

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

 

No presentation was made by the applicant.

 

Vice Chairman Friedman entertained comments from the public.

 

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

 

special exception

 

14 Aylesbury Court

 

Vice Chairman Friedman introduced consideration on the Special Exception to the rear yard setback requirement, 14 Aylesbury Court, Block 1, Lot 11 Sweetwater Section Twelve, in the Restricted Single Family (R-1R) Residential District.

 

Vice Chairman Friedman 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 14 Aylesbury Court have been met.  The motion carried unanimously.

 

Vice Chairman Friedman 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.

 

Vice Chairman Friedman suggested adding a condition to that the site-plan and elevation be attached.
 

Following a full and complete discussion, Mr. Novak, seconded by Mr. Lazor, made a motion to find the fourth criterion for granting a Special Exception to the rear yard setback requirement for 14 Aylesbury Court has been met, with the condition that the site-plan and elevation be followed.  The motion carried unanimously.

 

The Board having found that the four criteria have been met for the rear yard setback requirement, Vice Chairman Friedman entertained a motion to approve or deny the Special Exception to the rear yard setback requirement for 14 Aylesbury Court.

 

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 for 14 Aylesbury Court, with the condition that the site plan and elevation be attached and that construction adhere to the plan.  The motion carried unanimously.

 

ADJOURN

 

There, being no further business to come before the Board, Vice Chairman Friedman adjourned the meeting, time at 5:09 o'clock P.M.

 

 

                                                           

Kathy Huebner, Chairman

 

 

 

                                                           

Glenda Gundermann, City Secretary

 

(SEAL)