HomeMy WebLinkAbout01152009 ZBA Minutes
(L=N) City of West University Place
A Neighborhood City
® Recycled Paper ZONING BOARD OF ADJUSTMENT
BILL WATSON CONFERENCE ROOM, MUNICIPAL BUILDING
3800 UNIVERSITY BOULEVARD
MEETING MINUTES
January 15, 2009
6:30 p.m.
I. MEMBERS Richard Wilson (voting), Jason Powers (voting), Steven Segal
PRESENT: (voting), Jeann Howse (voting), Frank Vargas, Jr. (voting) and
Les Albin
II. MEMBERS ABSENT: Stephen Stewart, Mark Plagens and Mark Gandy
III. STAFF PRESENT: Debbie Scarcella, City Planner, James Dougherty, Jr., City Legal
Counsel and Kathi Sutton, Permit Technician
Iv. CALL TO ORDER: 6:33p.m.
Agenda Item Discussion Action
1 Call the meeting to Richard Wilson called the meeting to order at Jason Powers moved to accept that
order and Protocol. 6:33 p.m. Richard Wilson asked all members all notices were properly posted
Notices, Rules, Etc. and staff to introduce themselves. Kathi Sutton, and distributed for this meeting.
Permit Technician stated all notices were Motion was 2nd by Frank Vargas,
posted as required by city and state law. Jr. Richard Wilson, Jason Powers,
Swearing in of witnesses. Steven Segal, Jeann Howse and
Frank Vargas, Jr. voted aye.
Motion passed. Richard Wilson
administered the oath to all
witnesses.
2 Docket No. 08-08, Continuation of Docket 08-08: Steven Segal made a motion to
regarding property Jim Dougherty gave an update on the progress suspend the rules and hear docket
at 5708 Buffalo of an amendment to be presented to ZPC on the 08-09 first due to applicant of
Speedway, West subject matter. It was not heard because there docket 08-08 not being present.
University Place, was not a ZPC meeting but will be heard at the Motion was 2nd by Jason Powers.
Texas 77005, next regular ZPC meeting. Richard Wilson, Jason Powers,
(Special Exception) Steven Segal, Jeann Howse and
Public hearing Frank Vargas, Jr. voted aye.
regarding the Motion passed. Rules suspended.
following matters: After the staff update and
Dead End or Stub discussion, Richard Wilson made
Driveway or Parking a motion to recess the hearing on
Space. Applicant this docket item until the next ZBA
requests a special meeting. Motion was 2nd by Jason
exception to allow a Powers. Richard Wilson, Jason
stub or dead end Powers, Jeann Howse and Frank
driveway in the front Vargas, Jr. voted aye. Steven
3800 University Boulevard 9 West University Place, Texas 77005-2899 • 713.66804441 0 www.westu.org l
Zoning Board of Adjustment Minutes
January 15, 2009 Meeting
2
yard as an alternate Segal voted nay. Motion passed.
design for Docket item recessed.
maneuvering area.
Deliberation,
decisions, other
action, etc. regarding
the preceding matters.
3 Docket No. 08-09, Joy Sen, property owner 4248 Judson gave a Jeann Howse made a motion to
regarding property power point presentation of request for special close the evidentiary portion of the
at 4248 Judson, West exception. No correspondence was received in hearing. Motion was 2"d by
University Place, favor of or in opposition of the time extension Jason Powers. Richard Wilson,
Texas 77005, request. No one spoke in favor of or Jason Powers, Steven Segal, Jeann
(Special Exception) opposition to the time extension request. Howse and Frank Vargas, Jr.
Public hearing Debbie Scarcella gave the background and staff voted aye. Motion passed. Steven
regarding the report on the time extension as follows: Segal made a motion to
following matters: Background Information grant the special exception to
Acquiring PNC The applicant's property is located on Judson acquire PNC status for a front yard
Status, Certain Yard Avenue between Community Drive and encroachment of 3.6 feet as
Encroachments. Fairmont. The applicant purchased the requested. Motion was 2nd by
Applicant requests a property with existing residence in August of Jason Powers. Richard Wilson,
special exception to 1997. The property survey shows that the Jason Powers, Steven Segal, Jeann
acquire PNC status structure encroaches into the front yard Howse and Frank Vargas, Jr.
for a front yard (setback) by 3.6' (3'8"). City records indicate voted aye. Motion passed.
encroachment of 3.6 that the structure was built in early 1987. The Special Exception granted.
feet (3' 8"). minimum front yard setback when the
Deliberation, structure was built was twenty feet. There are
decisions, other no permit or inspection documents (other
action, etc. regarding than the building permit), nor is there any
the preceding matters. evidence of a variance or special exception
issued located in the City's records.
The applicant applied for a building permit to
construct a major addition to his residence.
The initial plans called for a second story
addition above the existing footprint at the
front of the structure. Since the footprint of
the existing structure did not comply with the
setback regulations, the plans were not
approved. The applicant has since decided to
work on a revision to his plans and focus on
moving the addition to the rear of the
structure. He is requesting the special
exception for the existing encroachment in
order to clear up any issues that may arise in
the event of a future sale.
Staff Response
Front yard (setback) regulations are found in
Table 7-2 of the zoning ordinance. For a
building site with 110' or less in depth, the
Zoning Board of Adjustment Minutes
January 15, 2009 Meeting
3
front yard (setback) requirement is twenty feet.
Prior to 1987, the minimum front yard
(setback) was also twenty feet. The general
rule for acquiring Prior Nonconforming (PNC)
status requires that the item was constructed or
established in conformance with the zoning
ordinance applicable at the time (Section 12-
102 (a). Even though this structure was built
prior to 1987, (when the zoning regulations
were consolidated and uniform yards
established), it appears this structure was built
in non-compliance with the existing
regulations.
However, Section 12-102 (e) "Certain yard
encroachments" provides:
A structure located in a yard (or "setback" area)
in apparent violation of Table 72- acquires
PNC status if the ZBA issues a special
exception granting PNC status. The ZBA may
only issue such a special exception if it makes
all of the following special findings: (i) The
encroachment was inadvertent and neither
misrepresented to the City nor hidden from City
officials. Exception: This finding is not
required if the encroachment commenced
before 1970. (ii) The encroachment will not
cause a substantial adverse effect on other
persons. (iii) The encroachment does not
create a significant health or safety risk.
Section 11-02, Findings, Subsection (b),
Special Exceptions, further requires that the
ZBA consider the following circumstances and
find them all to be present:
(1) The proposed special exception will
not cause any significant increase in on-
street parking, will not cause any substantial
traffic congestion, will not cause any
substantial increase in traffic or an
unreasonable burden upon utility systems or
upon any other public facility or public
service.
(2) The proposed special exception will be
in harmony with the general purpose
and intent of this ordinance.
(3) The ZBA has made any additional
findings and determinations required b a
Zoning Board of Adjustment Minutes
January 15, 2009 Meeting
4
specific provision of this ordinance (as
specified in Note 7 of Table 7-5a).
(4) The special exception has been reduced
to writing and includes any conditions
prescribed by the ZBA or required by this
ordinance for the special exception in
question.
The burden is on the applicant to present
evidence to the Board to support each finding
and determination required for the issuance of a
special exception.
Les Albin left at 7:30 p.m. with a
quorum still resent.
4 Minutes. After discussion, the ZBA chair
requested that the minutes of
November 20, 2008 be clarified.
Also, ZBA requested that a
copy of the Rules of Procedures
that were approved at that meeting
be attached to the November 20,
2008 minutes. (the changes to
Article 3, Section 5 and Article 5,
Section 1 of the Rules of
Procedures.) The minutes for the
November 20, 2008 meeting would
be approved at the next regular
ZBA meeting.
Adjournment. ZBA requested that staff bring back
another version of Rules of
Procedures that would reflect the
items that Legal Counsel presented
in reference to recent case study
involving administrative hearings
to provide more "due process"
rights.
Jason Powers made a motion
to adjourn the meeting. Motion
was 2nd by Jeann Howse.
Richard Wilson,
Jason Powers, Steven Segal, Jeann
Howse and Frank Vargas, Jr.
voted aye. Motion passed.
The meeting was adjourned at 7:42
m.
Zoning Board of Adjustment Minutes
January 15, 2009 Meeting
5
1
PASSED THIS DAY 0/ki-0-4P 1-2009.
tLJ-Jv-~
Richard Wilson, Presiding Officer
ATTEST. Sail ye A. Clark, nning Assistant