HomeMy WebLinkAbout05212009 ZBA Minutes
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
May 21 2009
6:30 p.m.
I. MEMBERS Jeann Howse (voting), Les Albin (voting), Jason Powers (voting)
PRESENT: Stephen Stewart (voting) and Frank Vargas, Jr. (voting)
II. MEMBERS ABSENT: Richard Wilson, Mark Plagens, Mark Gandy and Steven Segal
III. STAFF PRESENT: Debbie Scarcella, City Planner, Alan Petrov, 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 Frank Vargas, Jr. called the meeting to order at Jeann Howse moved to accept that
order and Protocol. 6:30 p.m. Frank Vargas, Jr. asked all members all notices were properly posted
Notices, Rules, Etc. and staff to introduce themselves. Sallye A. and distributed for this meeting.
Clark, Planning Assistant stated all notices Motion was 2nd by Jason Powers.
were posted as required by city and state law. Jeann Howse, Les Albin, Jason
Swearing in of witnesses. Powers, Stephen Stewart and
Frank Vargas, Jr. voted aye.
Motion passed. Frank Vargas, Jr.
administered the oath to all
witnesses.
2 Docket No. 08-06, Jack Duran, Turner Partners architect's; Jack Les Albin made a motion to
Property at 5308 Ballard, 3419 Nottingham (Building Chair for grant the time extension for thirty
Buffalo Speedway, St. Andrews Presbyterian) gave an overview of days from May 21, 2009. Motion
West University the time extension request. They stated there was 2°d by Jeann Howse.
Place, Texas 77005 was a delay because of the economic situation Jeann Howse, Les Albin, Jason
(Time Extension and had to put construction and plans on hold. Powers, Stephen Stewart and rank
Request Only) Sallye Clark, Planning Assistant stated that no Vargas, Jr. voted aye. Motion
Time Extension correspondence was received in favor of or in passed. Time Extension granted.
Request regarding the opposition to the request. No one spoke in
following matters: favor of or in opposition to the request. Debbie
Uses. Applicant Scarcella gave the staff report as follows:
requests a time Background Information
extension relating to The applicant in Docket 08-06, 5308 Buffalo
docket 08-06 Speedway and 3303 Bissonnet, requested a
(variance granted special exception to the Zoning Ordinance
10/16/2008). Time regarding Table 7-, entitled "Uses". Table 7-1
extension is requested establishes the specific uses allowed for each
to allow additional zoning district. Generally in SF districts, a
3800 University Boulevard 0 West University Place, Texas 77005-2899 0 713966804441 • www.westu.org
Zoning Board of Adjustment Minutes
May 21, 2009 Meeting
2
time to request a place of worship is allowed "by right".
permit. Deliberation, Accessory uses, such as classrooms, daycares,
decisions, other fellowship halls, etc. require a special
action, etc. regarding exception. The applicant planned an addition
the preceding matters. to the church campus that would house
additional daycare and Sunday school classes
and an entry tower. The proposed addition
included accessory uses not allowed without a
special exception.
The ZBA granted a special exception on
October 16, 2008 for Docket 08-06 to allow the
accessory uses as labeled in the proposed
drawing (attached). The decision was signed
and filed in the Board's office on November 4,
2008. The decision was also recorded in the
real property records of Harris County on
November 7, 2008. The decision states that
"all permits required for the work contemplated
by this decision must be applied for on or
before the 90th day following the effective date
of this decision, and such work must be
completed in accordance with such permits on
or before the second anniversary of the date of
the decision."
Request
The time to apply for the contemplated work
expired on February 7, 2009. The applicant
states that the construction schedule was
negatively affected by the current economic
recession. The applicant has revised the
original proposed scope of work and
streamlined the project to fit within their
budget. The applicant further states that the
permit documents have been completed and
application for the permits are ready for
submittal. The applicant requests an extension
through June 1, 2009 to apply for the necessary
permits. The applicant further believes they
will not need additional time to complete the
proposed work.
Per the ZBA rules of procedure, and conditions
of the decision, any extension of time is
prohibited to be granted without authorization
from the board. Additional notice or hearing is
not required to grant a time extension to apply
fora permit.
3 Docket No. 2009-04, Philip Bres, property owner at of 4222 Oberlin Jeann Howse made a motion to
regarding property gave a presentation of the special exception close the evidentiary portion of
Zoning Board of Adjustment Minutes
May 21, 2009 Meeting
3
at 4222 Oberlin, request for docket 2009-04. Sallye Clark, docket 2009-04. Motion was 2nd
West University Planning Assistant stated that no by Stephen Stewart. Jeann
Place, Texas 77005, correspondence was received in favor of or in Howse, Les Albin, Jason Powers,
(Special Exception) opposition to the request. No one spoke in Stephen Stewart and Frank
Public hearing favor of or in opposition to the request. Debbie Vargas, Jr. voted aye. Motion
regarding the Scarcella gave the staff report as follows: passed. After discussion, Jeann
following matters: Background Information Howse made a motion to grant the
Applicant requests a The structure located at 4222 Oberlin was Special exception to acquire PNC
special exception to built in 2006. During the course of status for a side yard
Article 7, Table 7-2: construction several surveys were completed- encroachment to allow an
Yards (or setbacks), form survey, final survey, and topographical encroachment of 4.7 feet and
Appendix A of the survey-and filed with the City to show 4.6 feet instead of the required 5
Code of Ordinances, compliance with the yard (setback) feet. Motion was 2nd Jason
to acquire PNC regulations (See applicant's exhibit 1 and 2). Powers. Jeann Howse, Les Albin,
status for a side yard At each phase of construction, these Jason Powers, Stephen Stewart
encroachment. The documents are checked for compliance before and Frank Vargas, Jr. voted aye.
special exception the next level of inspection is completed. Motion passed. Variance granted.
request is to allow an Both documents indicate that the side yard
encroachment of 4.7 setbacks comply with Table 7-2 in that the
feet and 4.6 feet side yards are 10% of the lot width. (Five
instead of the feet each side.) In 2009, the property was
required 5 feet. surveyed in conjunction with an offer for sale
Deliberation, of the property. The survey (dated 4/7/09)
decisions, other showed encroachments into the side yards at
action, etc. regarding three corners of the structure (4.8', 4.7', and
the preceding matters. 4.6'). According to the surveyor, these were
the measurements as taken from the property
line and measured to the outside wall facing
of the structure. A second survey, measured
to the outside wall of the foundation (dated
4/16/09) and marked applicant's exhibit 4,
shows the foundation wall to be five feet from
the property line at all four corners. Clearly
there are discrepancies between the surveys.
The applicant believes that these
discrepancies caused the loss of a potential
sale of his structure, and requests that the
structure be granted PNC status for the side
yard encroachments.
Staff Response
Staff believes that the ZBA has generally the
authority to grant this special exception as
provided for in Section 12-102(e) of the
zoning regulations. The ZBA may only issue
such a special exception if the applicant
demonstrates all of the following:
The encroachment was inadvertent and
neither misrepresented to the City nor hidden
Zoning Board of Adjustment Minutes
May 21, 2009 Meeting
4
from City officials, The encroachment will
not cause a substantial adverse effect on other
persons, and The encroachment does not
create a significant health or safety risk. In
addition to the findings listed in 12-102(e), to
issue the special exception, the ZBA must
find the following as provided in Section 11-
102(b) of the zoning regulations: The ZBA
has determined 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. The ZBA has determined that the
proposed special exception will be in
harmony with the general purpose and intent
of this section. The ZBA has made any
additional findings and determinations
required by a specific provision of this
section, and the special exception has been
reduced to writing and includes any
conditions prescribed by the ZBA or required
by this section for the special exception in
question.
4 Docket No. 2009-05, Collie and Harvey Michaels, property owners at Jeann Howse made a motion to
regarding property of 4107 Emory gave a presentation of the close the evidentiary portion of
at 4112 Judson, West variance request for docket 2009-05. Sallye docket 2009-05. Motion was 2nd
University Place, Clark, Planning Assistant stated that no by Stephen Stewart. Jeann
Texas 77005, correspondence was received in favor of or in Howse, Les Albin, Jason Powers,
(Variance) opposition to the request. No one spoke in Stephen Stewart and Frank
Public hearing favor of the request. The following people Vargas, Jr. voted aye. Motion
regarding the spoke in opposition to the request: Annie Chin, passed. After discussion, Les
following matters: agent for Ming Ho, property owner 4106 Albin made a motion to grant
Applicant requests a Judson. Debbie Scarcella gave the staff report a variance to build a garage at the
variance to Article 7, as follows: front yard line instead of 10 feet
Table 7-4a: Garage Background from the front yard line with the
Space, Appendix A Table 7-4a regulates garage doors or openings following conditions:
of the Code of and their distance from the front yard Structure must be a one-car garage
Ordinances, to allow (setback) line. A garage door or opening and may not exceed one story in
building a garage at facing a front street line (property line) is height;
the front yard line required to be set back an additional ten feet The variance remains in effect only
instead of the from the front yard (setback) line. as long as the building site at 4112
required 10 feet back The applicant at 4112 Judson purchased a Judson remains combined with the
from the front yard 79.4' x 100' lot behind their building site building site at 4107 Emory.
line. Deliberation, (4107 Emory). The applicant combined the Motion was 2nd Jeann Howse.
Zoning Board of Adjustment Minutes
May 21, 2009 Meeting
5
decisions, other separate sites into one building site through Jeann Howse, Les Albin,
action, etc. regarding an owner's designation of a building site Jason Powers, and Stephen
the preceding allowance in Article 5 of the zoning Stewart voted aye. Frank Vargas,
matters. regulations. This combined building site now Jr. voted nay. Motion passed.
meets the definition of a "through" building Variance granted.
site and is treated as if it has two front yard
(setback) lines. The average front yard line
along Judson is 20', so the front yard line for
4112 Judson has been designated at 20'
Staff Response
The applicant purchased the building site
located at 4112 Judson and combined it with
their current residence to create one
"through" building site. The existing
residence was demolished, but the applicant
retained the pool structure and patio
surrounding the pool. The applicant is
planning to construct a 14' x 20' garage
structure on the Judson site and plans to use
the existing driveway to access the garage.
The applicant also plans to construct a new
fence along the front building line to enclose
the site. The applicant requests that they be
allowed to front the garage on the front yard
(setback) line in order to create better flow
with the adjoining properties. The applicant
states that adhering to the requirement to
place the garage an additional 10' behind the
required front building line would create an
unsafe option for accessing the garage by
creating a recessed area without lighting. The
proposed location will not create additional
on-street parking, will not cause the sidewalk
to be blocked, and will not interfere with the
streetscape view of the surrounding
properties.
Staff believes that the ZBA has the authority
to grant this variance, but according to
Section 11- 102, the ZBA may not issue a
variance unless all of the following
circumstances are present:
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
Zoning Board of Adjustment Minutes
May 21, 2009 Meeting
6
observed and substantial justice is done, and
(iii) the variance is not contrary to public
interest.
The ZBA must make any additional findings
and determinations required by a specific
provision of this ordinance that relates to the
variance.
5 Docket No. 2009-06, Drew Richardson, Gulf Coast Fence, 4203 W. Jeann Howse made a motion to
regarding property Alabama and Dianne Nachlas, property owner close the evidentiary portion of
at 6648 Rutgers, at of 6648 Rutgers gave a presentation of the docket 2009-06. Motion was 2na
West University variance request for docket 2009-06. Sallye by Jason Powers. Jeann
Place, Texas 77005, Clark, Planning Assistant stated that no Howse, Les Albin, Jason Powers,
(Variance) correspondence was received in favor of or in Stephen Stewart and Frank
Public hearing opposition to the request. No one spoke in Vargas, Jr. voted aye. Motion
regarding the opposition of the request. The following passed. After discussion, Stephen
following matters: people spoke in favor of the request: Sonia Stewart made a motion to grant a
Applicant requests a Hobbs, 6644 Rutgers; Jim Mc Daniels, 3323 variance to allow a Sliding gate
variance to Article 7, Cason and Elizabeth Wilder, 6645 Westchester. structure and adjacent side panel
Table 7-5a: Parking, Debbie Scarcella and John Brown gave the staff (one either side of the gate) may
Driveways, etc., report as follows: be constructed within the driveway
Appendix A of the Background Information visibility triangle with the
Code of Ordinances, The applicant's property is located at the following conditions:
to allow a structure corner of Rutgers and Cason streets. The No vine plantings are allowed on
(sliding fence gate) driveway entry faces Cason and is 21'2" long the fence panels adjacent to the
taller than 2' and by 18' wide. The applicant contracted with sliding gate;
less than 8' in a Gulf Coast Fence to install 40' of wrought Any replacement fencing must
driveway visibility iron fencing along the Rutgers side of the remain open so that visibility
triangle. property, including a sliding gate 18' wide in (consistent with a wrought iron
Deliberation, the scope of the project. Gulf Coast applied fence) remains; and
decisions, other for a permit on February 2, 2009. At that This variance is no longer
action, etc. regarding time, the contractor was informed of the effective once the principal
the preceding regulation in Table 7-5a that nothing above 2' structure is demolished. Motion
matters. in height nor below 8' in height could occupy was 2°d Les Albin. Jeann Howse,
a 5' by 5' visibility triangle on either side of Frank Vargas, Jr. Les Albin, Jason
the driveway. (See site plan accompanying Powers, and Stephen Stewart
permit application in packet). A permit was voted aye. Motion passed.
issued and the fence and gate were installed. Variance granted.
When the fence company called for
inspection, the inspector noted that the gate ZBA requested that staff bring back
and posts were in the visibility triangle area to the next ZBA meeting, an
and notices were given to the fence company. Administrative Official's
Staff Response determination as it applies to the
The applicant states that there have been distance measurement from the
several burglaries of vehicles in the area property line to the structure to
because of the accessibility by persons from enforce the yard (setback)
Buffalo Speedway and Holcombe Blvd. The regulations.
house is 5' from the side property line along
Zoning Board of Adjustment Minutes
May 21, 2009 Meeting
7
the Cason Street right of way. The gate and
posts were installed 3.5' from the sidewalk,
which lies along the property line. According
to the fence company, the layout of the house
and mechanical units left only one place for
the gate and controls with enough room to
property operate the sliding mechanism of the
gate. The maximum the gate and posts could
be moved would be 3"-4", which will not
comply with the regulations.
The applicant is concerned about the security
of her site while entering and exiting her
home through the rear entrance. The fence is
wrought iron, and therefore some visibility
for oncoming vehicles and pedestrians is
maintained. The existing location and
configuration of the house, driveway and
mechanical unit does not permit the gate and
its mechanism to be located in compliance
with the driveway visibility triangle.
Staff believes that the ZBA has the authority
to grant this variance, but according to
Section 11- 102, the ZBA may not issue a
variance unless all of the following
circumstances are present:
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.
The ZBA must make any additional findings
and determinations required by a specific
provision of this ordinance that relates to the
variance.
6 Minutes. April 16, 2009
Jeann Howse made a motion to
approve the minutes as written.
Motion was 2°a by Stephen
Stewart. Jeann Howse, Les
Albin, Jason Powers, Stephen
Stewart and Frank Vargas, Jr.
Zoning Board of Adjustment Minutes
May 21, 2009 Meeting
8
voted aye. Motion passed.
Minutes approved.
Adjournment. Jeann Howse made a motion
to adjourn the meeting. Motion
was 2„d by Jason Powers. Jeann
Howse, Les Albin, Jason Powers, `
Stephen Stewart and Frank Vargas,
Jr. voted aye. Motion passed. The
meeting was adjourned at 9:30 .m.
PASSED THIS 841DAY OF t2009
~W
Frank Vargas, Jr., Vice- P sidi Off cer
At)
ATTEST:
Sallye A. Clark, P ing Assistant
I