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HomeMy WebLinkAbout06182009 ZBA Minutes fnm) 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 June 18, 2009 6:30 p.m. I MEMBERS Jeann Howse (voting), Les Albin arrived at 6:41 during agenda PRESENT: item 2 (voting), Jason Powers (voting) Richard Wilson (voting) and Frank Vargas, Jr. (voting) II. MEMBERS ABSENT: Stephen Stewart, Mark Plagens and Mark Gandy STAFF PRESENT: John Brown, Building Official, Alan Petrov, City Legal Counsel, and Sallye A. Clark, Planning Assistant Iv CALL TO ORDER: 6:34 p.m. Agenda Item Discussion Action 1 Call the meeting to Richard Wilson called the meeting to order at Jeann Howse moved to accept that order and Protocol. 6:34 p.m. Richard Wilson 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 2°d by Frank Vargas, were posted as required by city and state law. Jr. Jeann Howse, Jason Powers, Swearing in of witnesses. Richard Wilson and Frank Vargas, Jr. voted aye. Motion passed. Richard Wilson administered the oath to all witnesses. 2 Docket No. 2009-07, Roger and Carmen Pokluda, 2803 W. Jeann Howse made a motion to Property at 2830 Holcombe gave a presentation of the variance close the evidentiary portion of West Holcombe, request. Sallye Clark, Planning Assistant stated docket 2009-07. Motion was 2nd West University that no correspondence was received in favor of by Frank Vargas, Jr. Jeann Place, Texas 77005 or in opposition to the request. Jack Pokluda, Howse, Jason Powers, Richard (Variance Request) 2830 W. Holcombe; Jesse Hu, 2828 W. Wilson, Les Albin and Frank Public hearing Holcombe, Gene Womack, 6732 Brompton Vargas, Jr. voted aye. Motion regarding the and Michael Long, 6728 Brompton all spoke in passed. following matters: favor of the request. No one spoke in After discussion, Richard Wilson Applicant requests a opposition to the request. John Brown gave the made a motion to grant the variance per Article staff report as follows: variance for the placement of a 7, Table 7-6: Background Information wooden cedar fence two feet from Projections The applicant's property is located at the corner the front street line along Schedule. Note 12, of W. Holcombe and Brompton streets. This the West Holcombe right of way Front Fences in property is located within a PDD-TH I District. and north from the Townhome The property is 100' wide by 145.75' deep and intersection along the Brompton Districts., Appendix fronts W. Holcombe. The applicant contracted Avenue right of way. with J T Fencing to install 295' of white cedar (This variance applies to the 3800 University Boulevard • West University Place, Texas 77005-2899 0 713066804441 0 www.westu.org Zoning Board of Adjustment Minutes June 18, 2009 Meeting 2 A of the Code of fencing along the north, west (Brompton) and portion of the fence located in the Ordinances, to allow south (Holcombe) sides of the property, at front yard of the building site a fence exceeding 7' varying heights along the corresponding only). This variance is granted in height and located property boundaries. J T Fencing applied for a subject to the following within 5' of the permit on October 10, 2008. Initially there was conditions: front street line confusion regarding the address, but the permit (i)The variance is effective only as within a designated was subsequently issued for a 7'10" fence long as the existing structure townhome district. along the W. Holcombe property boundary. remains on the building site; and Deliberation, The fence was actually installed at varying (ii)If the existing fencing is decisions, other heights with the highest point at the corners of replaced, it must comply with the action, etc. regarding the property boundaries height restrictions contained in the preceding Request Table 7-6, Note 12 of the zoning matters. The applicant states that the primary purposes regulations. Motion was 2nd for wanting to install the fence in its current Frank Vargas, Jr. Jeann configuration was safety of their children due Howse, Jason Powers, Richard to the proximity of W. Holcombe. The Wilson, Les Albin and Frank applicant states that the Kirby Drive Vargas, Jr. voted aye. Motion construction has diverted traffic to Holcombe passed. Variance granted. street, thus increasing the number of vehicles travelling at unsafe speeds. The applicant further states that the proximity of the Metro bus stop at the corner of Brompton and W. Holcombe. The fence that was there was a combination of hedges and fencing that was used for disposing unsanitary and unsafe objects. The 7'10" height at the corners helps prevent disposal of these objects onto their property, as well as provided a screen of the bus stop. Table 7-6 Note 12 allows fencing in the front yard of townhome districts provided the fence is not higher than seven feet and not closer than five feet to the front street line (property line). The fence was installed with the highest point at 7'10" and is located on the property boundary. 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 June 18, 2009 Meeting 3 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. 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 ZBA may place conditions on the issuance of the variance, such conditions including: Requiring fencing in compliance with the provisions of Table 7-6 Note 12 if the existing fencing is replaced. Variance is effective only as long as the existing structure remains 3 Old Business. No action or discussion took place this item was for informational purposes only. 4 Minutes. May 21, 2009 Richard Wilson made a motion to approve the minutes as written. Motion was 2nd by Jason Powers. Jeann Howse, Jason Powers, Richard Wilson, Les Albin and Frank Vargas, Jr. voted aye: Minutes approved. 5 Adjournment. Richard Wilson made a motion to adjourn the meeting. Motion was 2nd by Jason Powers. Jeann Howse, Jason Powers, Richard Wilson, Les Albin and Frank Vargas, Jr. voted aye. Motion passed. The meeting was adjourned at 7:45 .m. PASSED THIS ~i Q41 DAY OF 2009 Richard Wilson, re ding Officer ATTEST: Sallye A. Clar lanning Assistant