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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