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League City board unanimously denies variance for carport that would extend into front-yard setback
Summary
The League City Zoning Board of Adjustments denied a request to allow a carport to extend about 19.5 feet into a required 25-foot front-yard setback at 406 Coburn Street, citing the extent of the requested encroachment and legal limits on the board’s authority.
The City of League City Zoning Board of Adjustments unanimously denied a variance request Aug. 14 to allow a carport to extend about 19.5 feet into a required 25-foot front-yard setback at 406 Coburn Street in the Meadowwick Section 2 subdivision.
The request, filed by property owner Alfredo Lomando, sought relief from the League City Unified Development Code (UDC), chapter 125, to place an attached carport within the front-yard setback on a property zoned RSF-7 (Residential Single-Family 7). The board voted against approving the variance after staff and the city attorney warned members about the legal limits of the board’s authority if they allowed a large deviation from the code.
The variance application described a carport attached to the house that would encroach approximately 19.5 feet into the 25-foot front-yard setback, a roughly 78% encroachment of the required setback distance. Mark Linschmidt, Planning Manager for the City of League City, explained that because the carport is attached to the primary structure it must meet the UDC setback requirements and that the subdivision plat also establishes the 25-foot setback.
City counsel cautioned the board about the risk of acting ultra vires — exceeding the board’s authority. Counsel said a variance that “is so great that it is tantamount to basically repealing the … ordinance” could expose the decision to legal challenge and be overturned by a court.
Applicant Alfredo Lomando and his spouse, Sarah Lomando, told the board they had pursued required approvals from multiple city departments and that only zoning remained unresolved. Lomando said he hired a civil engineer to design the carport to withstand 150 mph winds and that the family had spent about $4,000 on materials. He argued that similar carports have been built elsewhere in the neighborhood without permits and that denying his request would be unfair because he sought a permit in good faith. “We own it outright … we finally bought our dream house,” Lomando said. He also told the board, “It’s going to be the nicest looking carport in League City, should you allow it.” Sarah Lomando said the strict setback would cause “practical difficulties [and] unnecessary hardships” for the family and that other required approvals (building, flood/drainage) had been obtained.
Board members raised concern about the scale of the proposed encroachment and the precedent a large variance could set for the neighborhood. One board member noted that the requested deviation was substantial and suggested the appropriate forum for larger changes to development standards would be the City Council. Several members emphasized that allowing a variance of the requested magnitude risked undermining the purpose of the setback and the integrity of zoning rules.
A motion to approve the variance was made and seconded; after discussion the board voted to deny the variance. The board recorded the denial as unanimous.
The item concluded with no additional staff comments. The special meeting was adjourned at 6:39 p.m.
