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