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Fulshear grants variance to Blue Eagle Fitness owner after neighbors raise access and address concerns
Summary
The zoning board unanimously approved a setback variance for Brian White’s downtown fitness site at 7730 FM 359, while neighbors and church leaders pressed for clarity about access easements, drainage and the parcel’s official address.
The Fulshear Zoning Board of Adjustment voted unanimously Nov. 20 to grant a setback variance for a proposed fitness and small-leasing building owned by Brian White at the property listed as 7730 FM 359.
Brian White identified himself to the board as owner of Blue Eagle Fitness and Nutrition and told members the property lacks frontage road access and instead relies on an access easement through an adjacent parcel that leads to Wallace Street. “My access is actually having to go through my neighbor’s land,” White said. He described the intended use as small-group, community-focused fitness programming rather than a large-box gym.
Planning staff advised the board that strict compliance with the downtown-district setbacks would conflict with recorded storm-sewer and water-line easements on the parcel and recommended approval of the variance. “If he were to comply with the 0 to 5 foot setback requirement, he would be over those easements,” Rodrigo Rodriguez said.
Neighbors raised several concerns during public comment: one resident worried the applicant’s proposed access route would cross her property; church trustees said the application listed an incorrect address (the lot functions as a Wallace Street address, not FM 359) and referenced past legal proceedings over access; and others pressed for details about parking, drainage and fencing. The applicant responded that the planned access runs over a legally recorded adjacent easement and that the design directs drainage east to a temporary detention pond rather than onto neighboring yards. Planning staff noted there is no city requirement for fencing for the proposed use but pointed to existing lighting and noise ordinances as nuisance protections.
After discussion, the board moved to grant the setback adjustment and approved it unanimously. The variance permits the planned building configuration but does not eliminate the need for any required cross-access agreements, address verification with CenterPoint Energy, or other permits.
Next steps include documenting the variance in the city case file and confirming any cross-access or addressing corrections before final permits are issued.
