Zoning Board of Adjustment & Appeals
	Agenda Request
Agenda Of:	12/16/09	Agenda Request No:		iii-C
Initiated By:	Harold Ellis, planner II	Responsible Department:		planning
Presented By:	Harold Ellis, planner II	Assistant Planning Director:		douglas schomburg, aicp
		Additional Department. Head (s):		n/a
Subject / Proceeding:	special exception to the restricted single-family residential (R-1R) district rear yard setback requirement at 4730 dunleigh court in sutton forest section two public hearing, consideration and action
Exhibits:	staff report, vicinity map, site plan, plat excerpt, site photos, aerial photograph, application, public hearing notice
Clearances			Approval
Legal:	n/a		Planning Director:	sabine somers-kuenzel, aicp
Recommended Action
Approval of the requested Special Exception to allow the proposed addition in accordance with the attached site plan.
Executive Summary
The request is for a Special Exception from the required rear yard setback in the Restricted Single-Family Residential (R-1R) District for property located at 4730 Dunleigh Ct in the Sutton Forest Section Two subdivision. The property was platted in 1993, and was developed with an eight-foot utility easement serving as the minimum rear yard. When the property was annexed into the City of Sugar Land in 1997, R-1R zoning was applied to the subdivision, which requires a 30-foot rear yard setback. Per Chapter 2, Article II, Section 2-194 (d) of Sugar Land’s Development Code, accessory structures such as garages may be up to 5 feet from the side and rear property lines as long as a minimum of 10 feet of separation is maintained between the primary and accessory structures. If the 10-foot separation is not met, then the accessory structure (garage in this case) must meet the rear yard setback for the primary structure, as the two structures are then regulated as one structure, under the Development Code. The applicant has proposed to construct a patio cover attached to the rear of the house that would not meet the 10-foot separation from the detached accessory structure (the garage), essentially converting the two structures into one primary structure which would not meet the rear yard setback. Since the garage extends into the primary structure rear setback, the connection of the two buildings would make the home a non-conforming structure. Granting the Special Exception would relieve the 30-foot setback for the primary structure (which in this case would include the garage). Therefore, the entire structure including the garage and proposed patio cover would be conforming. Applicant: Steve and Joy Schwinger, sschwing@me.com File No. 11731
Exhibits

Staff Report

Request for a special exception to the Restricted Single-Family Residential (R-1R) district rear yard setback requirement for 4730 Dunleigh Court.

Subject Property Description:

Address: 4730 Dunleigh Court

Subdivision: Sutton Forest

Section: 2

Block: 2

Lot: 15

Annexation Date: 1997

Zoning District: Restricted Single-Family Residential (R-1R)

Site Analysis Matrix for Residential Construction:

Lot Area	12,961 SF
Maximum Lot Coverage per Zoning	5,184 SF (40%)
Current Lot Coverage	2,832 SF (21.8%)
Additional Lot Coverage w/ Proposed Special Exception	n/a – all unenclosed
Total Lot Coverage w/ Proposed Special Exception	2,832 SF (21.8%)

Staff Analysis of Requested Special Exception- Four Development Code Criteria:

After the public hearing, the Board may, by concurrence of 75 percent of its members, grant a Special Exception to a residential setback required by Chapter 2 if the Board finds that:

Criteria One:

The latest recorded plat of the property was approved prior to being annexed into the City;

Plat recorded: 1993

Annexed: 1997

Criteria Two:

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 of Sugar Land Development Code (Chapter 2)

The recorded plat established a setback of 8 feet via a rear utility easement. Chapter 2 (Zoning) requires a setback of 30 feet. The recorded restrictions for the property are less restrictive than the City of Sugar Land zoning requirements.

Criteria Three:

Granting the Special Exception will not establish a setback that is less restrictive than the setback established by the latest approved plat or other recorded restriction; and

The Special Exception would allow a proposed addition within 30 feet of the rear property line, which does not establish a setback that is less restrictive than the approved plat or recorded restrictions.

Criteria Four:

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.

Staff has examined the proposed Special Exception for key aspects:

· Public Safety Review: There do not appear to be any public safety issues associated with this request. Staff has not identified any safety concerns as a result of the proposed addition.

· Proposal and the Neighborhood – Rear Setback Comparison: The proposed addition appears to be generally compatible with the neighborhood based on an analysis of the proposed use of the site and an examination of the surrounding area. One key observation from an analysis of nearby properties is that the majority of these residences were largely built in compliance with the plat and recorded restrictions, as opposed to the more restrictive zoning regulations, and several do have similar types of rear patio covers.

Proposal and the Neighborhood – General Architectural & Landscape Context:

If it is of concern to the Board, the proposed addition appears to be architecturally compatible with the neighborhood. The Board may request additional information, such as proposed building elevations, to tie to the granting of the special exception if necessary.

Conditions:

To ensure that the granting of a 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, the Board may, as part of its decision to grant a Special Exception:

1. Impose reasonable conditions or restrictions; and

2. Grant a setback between the setback requested and the setback currently

established in the residential zoning district.

Staff recommends that the Special Exception be approved subject to the following condition:

· Attachment of site plan to Special Exception showing proposal

PUBLIC HEARING:

Per Chapter Two, Article I of the Development Code, a notice of this Public Hearing was posted in a newspaper of general circulation and property owners within 200’ were notified by mail. In addition, the hearing notice was published on the City of Sugar Land Internet Home Page, and a courtesy notification sign was placed on the property in question. At the time of this report, we have received five inquiries. Of those five, four were informational in nature and one was in support of the request.

Vicinity Map:

Applicant Site Plan:

Proposed Patio Cover

Excerpt of Recorded Plat for Sutton Forest Section 2:

4730 Dunleigh Ct

PROPERTY IS PLATTED AS:

LOT 15, BLOCK 2, SUTTON FOREST SEC 2, RECORDED IN SLIDE 1250A, PLAT RECORDS OF FORT BEND COUNTY, TEXAS

(RECORDED IN 1993)

Site Photos:

Front of house

Area of construction

Aerial Photograph:

Application:

Public Hearing Notice:

NOTICE OF PUBLIC HEARING

SPECIAL EXCEPTION

4730 DUNLEIGH COURT

SUTTON FOREST SECTION TWO

NOTICE OF PUBLIC HEARING ON A REQUEST FOR A SPECIAL EXCEPTION TO THE REAR YARD SETBACK REQUIREMENT IN THE RESTRICTED SINGLE FAMILY RESIDENTIAL (R-1R) DISTRICT, 4730 DUNLEIGH COURT, LOT 15, BLOCK 2, SUTTON FOREST SECTION TWO.

PURPOSE: ONE (1) PUBLIC HEARING SHALL BE HELD AT WHICH ALL PERSONS INTERESTED IN THE PROPOSED SPECIAL EXCEPTION REQUEST SHALL BE GIVEN AN OPPORTUNITY TO BE HEARD.

WHERE: CITY OF SUGAR LAND CITY COUNCIL CHAMBER

2700 TOWN CENTER BOULEVARD NORTH

WHEN: ZONING BOARD OF ADJUSTMENT AND APPEALS MEETING

5:00 P.M., DECEMBER 16, 2009

DETAILS OF THE PROPOSED SPECIAL EXCEPTION MAY BE OBTAINED BY CONTACTING THE CITY OF SUGAR LAND PLANNING OFFICE AT (281) 275-2218 OR BY EMAIL AT PLANNING@SUGARLANDTX.GOV. THE PLANNING OFFICE IS OPEN MONDAY THROUGH FRIDAY FROM 8:00 O'CLOCK A.M. TO 5:00 O'CLOCK P.M., AND IS LOCATED AT CITY HALL, 2700 TOWN CENTER BOULEVARD NORTH, SUGAR LAND, TEXAS. PLEASE CONTACT US IF YOU WISH TO SET UP AN APPOINTMENT TO GO OVER ADDITIONAL DETAILS IN PERSON.