Zoning. Road within the Wharf at a. Citizen. 0 Letter of. 2. Aerial Map. Plats. Public Interest the Zoning. because the. January 7,

Transcription

1 Zoning Board of Adjustmentt ZBA15-11 (The Wharf Boat Dock 18, Slips 1 and 2) Planning & Development Department January 7, Requests A variance from the minimum development requirements for properties zoned RSF-2 (Single-familyy residential with a minimum lot size of 2,000 square feet) as it relates to two boat slips located withinn the Wharf at Clear Lake Marina. The Wharf at Clear Lake PUD is an undocumented PUD developedd between 1979 and 2008, consisting of approximately 119 homes located around a marina andd boardwalk along Clear Creek and Clear Lake. The applicant proposes to replat two (2) boat slips, located at the southern end of Dock 18, along the boardwalk. The proposed plat would reconfigure the existing slips (approximately 12 feet wide and 288 feet in length and 336 square feet in size) from a side-in position to the existing head-in, as it was originally constructed. Currently, the slips are approximately 12 feet wide and 28 feet in length and 3366 square feet in size with the new slipss being approximately 13 feet in width and 35 feet in length andd 455 square feet in size, an increase of 119 square feet. The plat is currently under review by the Development Review Committee (DRC). Applicant Owners Zoning Location Citizen Response Attachments Tim Lesak of Pro-Surv Michael & Brenda Fogarty and Jill Aylwin RSF-2-PUD (Single-family residential with a minimum lot size of 2,000 square feet with a Plannedd Unit Development Overlay) Generally located north of Marina Bay Drive (FM 2094), and west of Davis Road within the Wharf at a Clear Lake Marina. The property is located within the Wharf at Clear Lake PUD. 155 Notices Mailed to Property Owners within 500 feet 0 Letters of Support Received 0 Letter of Opposition Received 1. Property Owners Notification / Zoning Map 2. Aerial Map 3. Photographs of Site 4. Recorded and Proposed Plats 5. Variance Findings Form The Board shall make findings based upon the following tests: Public Interest Test #1: Such variance will not be contrary to the public interest. Schedule C. of the Zoning Ordinance sets the minimum regulations for residential development within the City. For the RSF-2 zoning district, the minimumm lot area is 2,000 square feet, the minimum lot width is 25 feet, and the maximum coverage area is 50%. These requirements assist in regulating the residential density and character of a neighborhood by establishing a clear relation to light, space, air and fire protection for the various zoning districtss throughout the City. The development regulations are predicated on the idea of the development of a property for commercial or residential purposes. As briefly mentioned previously, the request is being made because the current plat does not coincide with thee juxtaposition of how the docks were constructed. They are also inclusive with the zoning of the Wharf at Clear Lake PUD, but are not located on land and do not meet the development regulations. In addition, the plat establishing the docks was ZBA15-11 (The Wharf Boat Dock 18, Slips 1 & 2) January 7, 2016 ZBA Meeting Page 1 of 3

2 platted in 1977, approximately 22 years prior to the City s adoption of zoning in Authorization of Contrary Use Injury to Conforming, Adjacent Property Essential Character of District Harmony with Spirit and Intent of Zoning Ordinance Plight of the Owner Test #2: Such variance will not authorize the operation of a use other than those uses specifically authorized for the district in which the property for which the variance sought is located. The applicant does not request any other uses thann those authorized by the PUD and plats. Test #3: Such variance will not substantially or permanently injure the appropriate use of adjacent conforming property in the same district. Staff does not foresee that the request would permanently injure the adjacent properties in the district as they are adjacent boat slipss in the same configurationn as proposed. Test #4: Such variance will not alter the essential character of the district in which it is located or the property for which the variance is sought. Staff foresees that the denial of the request wouldd alter the essential character of the district as the boat slips in question already exist in the proposedd configuration. Test #5: Such variance will be in harmony with the spirit and purposes of this Ordinance. While the proposed variance does not conform to the currentt zoning regulations, approval of the variance would permit the slips to remain consistent with the remaining PUD development / plat which consists of an additional 135 platted boat slips. Test #6: The plight of the owner of the property for which the variance is sought is due to unique circumstances existing on the property, and thee unique circumstances were not created by the owner of the property and are not merely financial, and are not due to, or the result of, general conditions in the districtt in which the property is located. The intent of Schedule C. of the Zoning Ordinance is the systematic and local development of land based residential or commercial properties, of whichh the request is neither. Furthermore, boat slip aka private boat docks are addressed within the ordinance as an accessory to the primary use of the property (i.e. boat dock with waterfront t house) of which the City does not have a marine / water zoning district in which to address facilities such as marinas. The boat slips were platted and constructed prior to the adoption of zoning. Albeit, that the plat and completed docks did not share the same configuration, which is resulting in the proposed plat and request to resolve this issue. Integrity of Zoning Ordinance Health, Safety and Public Welfare Test #7: The variance will not substantially weaken the general purposes of this Ordinance or the regulations herein established for the specific district. It is not foreseen that the granting of a variance would weaken the general purpose of the ordinance given that the greatest extent of the request wouldd permit the amendment to a plat in order to show the actual and correct representation of existing boat slips. Test #8: The variance will not adversely affect thee health, safety, and welfare of the public. Staff does public. not foresee that the request would adversely affect the health, safety and welfare of the ZBA15-11 (The Wharf Boat Dock 18, Slips 1 & 2) January 7, 2016 ZBA Meeting Page 2 of 3

3 Recommendation The granting of variances for hardships should be peculiar and unique to a relatively small area of land and should not be financial in nature, nor self-imposed. The ZBA may grant a variance if it is not contrary to the public interest and, due too special conditions, a literal enforcement of the Ordinance would result in unnecessary hardship, and so that the spirit of the Ordinance is observed and substantial justice is done. Given that the subject boat slips are complementary to the character of the Wharf at Clear Lake PUD and have been in existence since construction, resulting in no changes on-site, staff recommends approval. For additional information, you may contact Mark Linenschmidt, Senior Plannerr at or at mark.linenschmidt@leaguecity.com. ZBA15-11 (The Wharf Boat Dock 18, Slips 1 & 2) January 7, 2016 ZBA Meeting Page 3 of 3

4 ' Notification Buffer 515 Subject Property CROWS NEST DAVIS NOTTOWAY Residential Single Family 10 Residential Single Family 7 Residential Single Family 2 Residential Multi-Family LAKE LAND Residential Multi-Family 1.2 LAKE SHORE Public and Semi-Public Open Space 2329 LAKE LAKE FRONT Zoning Map City of League City Department of Planning & Development For Planning Purposes Only 1 inch equals 231 feet

5 The Wharf at Clear Lake The Wharf at Clear Lake Marina Webster Street The Wharf at Clear Lake Crow s Nest Drive Crow s Nest Apartments Single-family residential

6 ZBA15-11 (The Wharf Boat Dock 18, Slips 1 and 2) Zoning Board of Adjustmen nts PHOTOGRAPH 1 PHOTOGRAPH 2 Looking head-on at the slips from the boardwalk Looking towards the north at the slips with thee adjoining slips in the background PHOTOGRAPH 3 PHOTOGRAPH 4 Looking south, across the slips at the adjoining boardwalk and residences Looking westt from the boat slips at the remainder of the marina and an adjacent condominiumm complex ZBA15-11 (The Wharf Boat Dock 18, Slips 1 and 2) January 7, 2016 ZBA/BASC Meeting

7

8

9 APPLICANT: TIM LESAK PROPERTY: SLIPS 1 AND 2, DOCK 18 OF THE WHARF AT CLEAR LAKE, PHASE I SUBDIVISION ADDRESSED AS: N/A HEARING ON: JANUARY 7, 2016 BEFORE LEAGUE CITY ZONING BOARD OF ADJUSTMENTAS: ZBA15-11 (THE WHARF BOAT DOCK 18, SLIPS 1 AND 2) Members present and voting: [At least 75% of the members (4) must hear the case and is required to reverse any administrative action or to decide in favor of any applicant or grant a variance]. (League City Code of Ordinances ). The members voting (not additional nonvoting alternates) are designated by an x below: James R. Christiansen, Chair Kathleen Benoit Michael Hendershot Tamra Gann-Curry Ed Rainey VARIANCE FINDINGS PURSUANT TO SECTION OF THE LEAGUE CITY CODE The issuance of a variance may not be granted unless the Zoning Board of Adjustment shall determine that all the following criteria have been met: (1) Such variance will not be contrary to public interest. (2) Such variance will not authorize the operation of a use other than those uses specifically authorized for the district in which the property for which the variance is sought is located. (3) Such variance will not substantially or permanently injure the appropriate use of adjacent conforming property in the same district. (4) Such variance will not alter the essential character of the district in which it is located or the property for which the variance is sought. (5) Such variance will be in harmony with the spirit and purposes of this chapter.

10 (6) The plight of the owner of the property for which the variance is sought is due to unique circumstances existing on the property, and the unique circumstances were not created by the owner of the property and are not merely financial, and are not due to, or the result of, general conditions in the district in which the property is locates. (7) The variance will not substantially weaken the general purposes of this chapter or the regulations herein established for the specific district. (8) The variance will not adversely affect the health, safety, and welfare of the public. The League City Zoning Board of Adjustment, after reviewing Applicant s application, and reviewing the evidence presented, has determined in accordance with the League City Code of Ordinances that: VARIANCE: APPROVED DENIED APPROVED WITH THE FOLLOWING CONDITIONS: This variance was determined by a concurrence vote of at least four members of the League City Zoning Board of Adjustment on this the day of, 20, and is filed in the Zoning Board s office as of this date, as certified by the signature of the Chairman, below, and is not valid without original signature. James R. Christiansen, Chair Zoning Board of Adjustment