HomeMy WebLinkAbout04162009 ZBA Minutes
OLM) 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
April 16, 2009
6:30 p.m.
I• MEMBERS Richard Wilson (voting), Mark Plagens (voting), Steven Segal
PRESENT: (voting) and Frank Vargas, Jr. (voting)
ii. MEMBERS ABSENT: Les Albin, Jeann Howse, Mark Gandy, Jason Powers, and
Stephen Stewart
STAFF PRESENT: Debbie Scarcella, City Planner, James Dougherty, Jr., City Legal
Counsel and Sallye A. Clark, Planning Assistant
IV. CALL TO ORDER: 6:30p.m.
Agenda Item Discussion Action
1 Call the meeting to Richard Wilson called the meeting to order at Richard Wilson moved to accept
order and Protocol. 6:30 p.m. Richard Wilson asked all members that all notices were properly
Notices, Rules, Etc. and staff to introduce themselves. Sallye A. posted and distributed for this
Clark, Planning Assistant stated all notices meeting. Motion was 2" d by Frank
were posted as required by city and state law. Vargas, Jr. Richard Wilson, Mark
Swearing in of witnesses. Plagens, Steven Segal and Frank
Vargas, Jr. voted aye. Motion
passed. Richard Wilson
administered the oath to all
witnesses.
2 Docket No. 2009-03, Samuel Rhoades, property owner of 6532 Steven Segal made a motion to
regarding property Community handed out a Fact sheet and gave a close the evidentiary portion of
at 6532 Community presentation of the requests for docket 2009-03. docket 2009-03. Motion was 2°d
Drive, West Sallye Clark, Planning Assistant stated that no by Frank Vargas, Jr. Richard
University Place, correspondence was received in favor of or in Wilson, Mark Plagens, Steven
Texas 77005, opposition to the request. No one spoke in Segal and Frank Vargas, Jr. voted
(Variance) favor of or in opposition to the request. Debbie aye. Motion passed.
Public hearing Scarcella gave the staff report as follows: After discussion, Steven Segal
regarding the 2009-03: made a motion to grant the
following matters: Applicant's Request variance of docket 2009-03 from
Applicant requests a The applicant requests a variance to Section the dimensional requirements for
variance to Section 12-102(c) of the zoning regulations to acquire required garage parking spaces,
12-102 (c), Prior Non- PNC status for prior committed work in order allowing one of the two required
Conformities, to construct a one-car garage instead of a two- garage parking spaces to be
Appendix A of the car garage. smaller than specified in the
Code of Ordinances to Background Information ordinance. The second required
acquire PNC status for The applicant is planning an addition to his garage parking space must be
prior committed work principal structure which includes a new
3800 University Boulevard • West University Place, Texas 77005-2899 0 713066804441 0 www.westu.org
Zoning Board of Adjustment Minutes
April 16, 2009 Meeting
2
to construct a one-car attached garage. Table 7-4a, Garage space, constructed with dimensions
garage instead of a establishes the minimum number of garage substantially in conformance with
two-car garage. spaces per dwelling unit for the SFD districts. an attached drawing (Exhibit A).
Deliberation, These spaces must be enclosed or semi- Motion was 2nd by Frank Vargas,
decisions, other enclosed and each required space must be at Jr. Richard Wilson, Mark
action, etc. regarding least 10' wide by 20' deep. The plan Plagens, Steven Segal and Frank
the preceding matters. submitted by the applicant includes two Vargas, Jr. voted aye. Motion
enclosed parking spaces, but only one of the passed. Variance granted.
spaces meets the minimum 10' x 20'
requirement. According to the evidence
submitted to staff, the applicant began
designing the proposed structure sometime in
December 2007 with completion of the plans
in June 2008. The applicant states that, at
that time, the zoning regulations did not
require two enclosed parking spaces, nor did
the regulations specify minimum dimensions
for the required spaces. Ordinance Number
1878 was adopted by city council on August
25, 2008, with an effective date of September
9, 2008. This ordinance established the
requirement for two spaces meeting the 10' x
20' size requirement. The applicant further
states that the designer took great care in
trying to achieve compliance with the adopted
zoning regulations. The plans were
completed before the adoption of the
ordinance and complied with the garage
regulations at that time. The applicant filed a
tree disposition application on June 11, 2008.
The subsequent months were spent trying to
engage a contractor in the increasingly
difficult economy. The applicant applied for
a building permit on February 4, 2009. Staff
reviewed the plans and discovered that the
garage plan did not meet the ordinance
provisions requiring two garage parking
spaces that meet the minimum size of 10' x
20'. A corrections notice was issued.
Staff Response
The applicant did invest time and effort into
preparing a plan that complies with the
regulations except for the size of the second
garage parking space. Section 12-102 of the
zoning regulations recognizes that
construction projects inevitably will be at
varying stages of completion during a zoning
amendment process. It allows new or
Zoning Board of Adjustment Minutes
April 16, 2009 Meeting
3
remodeled principal structures to acquire
Prior Nonconforming (PNC) status if they are
built (or permitted) before the effective date
of an ordinance amendment. Section 12-
102(c) even allows a principal building to
acquire PNC status after the effective date of
an amendment, if certain criteria are met.
One of the criteria is completion of the plans
and filing of the permit applications on or
before the ninetieth day following the
effective date of the amendment. The
effective date of this particular amendment
was September 9, 2008, and ninety days
following was December 9, 2008. Since the
applicant did not file the permit application
until February 4, 2009, this project does not
meet all of the required criteria to acquire
PNC status by right under Section 12-102(c).
Staff believes, based on the evidence seen,
that substantial progress had been made in the
design of the structure and had the applicant
been aware of the effective date of the
amendment and the time limits on acquiring
PNC status, the applicant would have taken
every necessary step to comply. Although the
tree disposition application was submitted
prior to the effective date of the ordinance,
indicating that plans were substantially
complete and intent to move forward with a
building permit present, Section 12-102 (c)
requires that all necessary building permits
incorporating the completed plans and
specifications must be submitted within 90
days.
The ZBA has general authority to grant
variances, but according to Section 11- 102,
the ZBA may not issue a variance unless all
of the following circumstances are present:
(1) The ZBA must make all findings and
determinations required by state law for the
granting of a variance, which are: (i) due to
special conditions, a literal enforcement of
the Zoning Ordinance provision would result
in unnecessary hardship, (ii) by granting the
variance, the spirit of the ordinance is
observed and substantial justice is done, and
(iii) the variance is not contrary to public
interest.
Zoning Board of Adjustment Minutes
April 16, 2009 Meeting
4
(2) The ZBA must make any additional
findings and determinations required by a
specific provision of this ordinance that
relates to the variance.
(3) The variance must be reduced to writing
including any conditions prescribed by the
ZBA or required by this ordinance for the
variance 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 variance.
James Dougherty stated that the Sycamore
tree could be part of the consideration of a
hardship and Staff made ZBA aware that
Craig Koehl, Urban Forester for the City
looked at the tree in question and that the tree
would not withstand a new slab being poured.
3 Rules of Procedures. James Dougherty, Legal Counsel handed out After discussion, Richard Wilson
Matters related to a revised copy of the draft "Rules of made a motion to adopt the Rules
Zoning Board of Procedure and gave an overview of the of Procedure as revised by Legal
Adjustment Rules of revisions and changes. Counsel. Motion was 2nd
Procedures. By Frank Vargas, Jr. Richard
Wilson, Mark Plagens, Steven
Segal and Frank Vargas, Jr. voted
aye. Motion passed. Rules of
Procedure adopted.
ZBA requested that a clean copy
of the Rules of Procedure be given
to all members at the next ZBA
meeting.
4 Minutes. March 30, 2009
Frank Vargas, Jr, made a motion to
approve the minutes as written.
Motion was 2nd by Steven Segal.
Richard Wilson, Mark Plagens,
Steven Segal and Frank Vargas, Jr.
voted aye. Motion passed.
Minutes approved.
Adjournment. Steven Segal made a motion
to adjourn the meeting. Motion
was 2nd by Frank Vargas, Jr..
Richard Wilson, Mark Plagens,
Steven Segal and Frank Vargas, Jr.
Zoning Board of Adjustment Minutes
April 16, 2009 Meeting
5
voted aye. Motion passed.
The meeting was adjourned at 7:46
m.
PASSED THIS DAY OF 2009.
Richard Wilson, P t)lng Officer
ATTEST:
Sallye A. Clark, nning Assistant