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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