HomeMy WebLinkAbout08172006 ZBA Minutes
OLM) City of West University Place
A Neighborhood City
® Recycled Paper ZONING BOARD OF ADJUSTMENT
COUNCIL CHAMBERS, MUNICIPAL BUILDING
3800 UNIVERSITY BOULEVARD
MEETING MINUTES
August 17, 2006
6:30 p.m.
I MEMBERS PRESENT: James Jordan (voting), Mark Plagens (voting), Richard Wilson (voting),
Jeann Howse (voting), Frank Vargas, Jr. (voting), Susan Hanna and
Stephen Stewart
II. MEMBERS ABSENT: David Theis
III. STAFF PRESENT: Debbie Scarcella, Chief Building Official, Andrea Brinkley, Interim
City Planner, James Dougherty, Jr., City Attorney and Sallye A. Clark,
Planning Assistant
IV. CALL TO ORDER: 6:30 p.m.
Agenda Item Discussion Action
1 Call the meeting to James Jordan called the meeting to order at 6:30 Jeann Howse moved to accept that all
order and Protocol. p.m. James Jordan asked all members and staff to notices were properly posted and
Notices, Rules, Etc. introduce themselves. Sallye A. Clark, Planning distributed for this meeting. Motion
Assistant stated all notices were posted as required was 2nd by Frank Vargas, Jr. James
by city and state law. Jordan, Mark Plagens, Richard Wilson,
Swearing in of witnesses. Jeann Howse, Frank Vargas, Jr. voted
aye. Motion passed. James Jordan
administered the oath to all witnesses.
2 Docket No. 06-05, Andrew Sullo, property owner 2803 Sunset gave the Jeann Howse made a motion to close
House at 2803 Sunset presentation for the 6 variance requests: the evidentiary portion of the hearing.
Blvd, Applicant requests variances from zoning ordinance Motion was 2nd by Richard Wilson.
West University regulations to allow: (a) reducing the minimum James Jordan, Mark Plagens, Richard
Place, Texas 77005 side yard (or 'setback') width to three feet, on both Wilson, Jeann Howse and Stephen
(Variances-Multiple sides; (b) increasing the maximum framed area of Stewart voted aye. Motion passed.
requests) buildings on the site to 4,000 square feet (84.21 % After discussion, Richard Wilson made
Public hearing of the area of the site); (c ) reducing minimum a motion to suspend the rules to take
regarding the following open area of the rear yard (to 40%) and of the new evidence at the next regular
matters: Applicant whole building site (to 30%); and (d) reducing the meeting. Motion was 2nd by Mark
intends to build a new setback for a garage door facing the side street to Plagens. James Jordan, Mark Plagens,
house. Applicant seven feet, with a reduced open area requirement Richard Wilson, Jeann Howse, Frank
requests variances from above the driveway (five feet from side street line). Vargas, Jr. voted aye. Motion passed.
zoning ordinance Andrea Brinkley gave the background as follows:
regulations to allow: Table 7-2 establishes the yards or setbacks
reducing the minimum required for each building site based on lot depth
side yard (or `setback') and width. SF-3 districts are required to maintain
width to three feet, on an interior side yard of 10% of the building site
both sides; (b) width or five feet, whichever is greater. A street
increasing the side yard of 10% of the lot width or five feet
maximum framed area whichever is greater is required to be maintained
of buildings on the site as well. The applicant is asking for a variance to
3800 University Boulevard 0 West University Place, Texas 77005-2899 0 7139668.4441 0 www.westu.org
Zoning Board of Adjustment Minutes
August 17, 2006 Meeting
2
to 4,000 square feet allow the side setback to be reduced to three feet
(84.21% of the area of on both the interior side yard and the street side
the site); (c ) reducing yard.
minimum open area of Table 7-3 establishes the requirements for open
the rear yard (to 40%) and pervious areas required on a building site. In
and of the whole an SF-3 district, the minimum open area required
building site (to 30%); in the rear yard is 60% of the total lot area. The
and (d) reducing the entire building site must maintain a minimum of
setback for a garage 40% open area. The applicant is asking for a
door facing the side variance to reduce the rear yard open area to 40%
street to seven feet, and reduce the requirement for the entire site to
with a reduced open 30%.
area requirement above Table 7-4a establishes regulations for garages
the driveway (five feet located on a building site. A garage opening
from side street line). facing a side street line is prohibited unless the
Deliberation, decisions, garage door is set back ten feet from the side street
other action, etc. line, and there is only open area above the
regarding the preceding driveway for at least seven feet inward from the
matters. Deliberation, side street line. The applicant is requesting a
decisions, other action, variance to reduce this requirement to allow the
etc. regarding the garage door to be set back seven feet from the side
preceding matters. street line and require open area above the
driveway for five feet from the side street line.
Table 7-4b establishes regulations for buildings
located on a building site. The maximum total
area of all structures on a building site in an SF-3
district is 80% of the building site area. The
applicant is requesting a variance to allow an
increase to 84.21 % of the building site area to be
allowed for framed area.
Sallye Clark, Planning Assistant, stated that there
were two letters received in opposition of the
requests from Deborah Putnam, 2808 Nottingham
and Joan Jordan, 2804 Nottingham. No
correspondence was received in favor of the
requests. Martha Smith, 2805 Sunset, John Fox,
2730 Sunset and David Nichols, 2736 Nottingham
spoke in opposition of the requests. No one spoke
in favor of the requests.
Andrea Brinkley read the staff recommendation as
follows: Staff believes that the ZBA has general
the 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:
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 contra to
Zoning Board of Adjustment Minutes
August 17, 2006 Meeting
3
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.
In this case, if all such findings and determinations
are made, and if the ZBA decides to grant one or
more of the requested variances, the ZBA may
want to consider protective conditions, such as:
(a) Privacy protection for adjoining
properties;
(b) Limits on the areas where the
setbacks are reduced;
(c) Special height limits, especially
near property lines;
(d) Protection of open sight lines
especially near garages,
driveways and sidewalks;
(e) Similar conditions.
3 Docket No. 06-03, After discussion, ZBA members
Commercial Business requested that James Dougherty, City
at 5410 Kirby Drive, Attorney, redraft the orders removing
West University Place, clauses (a)-(d) and leaving (e) and
Texas 77005 (Special adding wording stating that the
Exception). applicant failed to meet
Deliberation, his burden of proof on item (e). The
decisions, other revised final order of the denial will be
the next regular
action, etc. regarding presented to ZBA at
the following meeting.
matters: Drive-thru,
Medium Commercial
Use. Applicant
requests a special
exception to allow a
medium commercial
use in a commercial
district, to allow the
use of a drive-thru.
Adjournment. Richard Wilson made a. motion to
adjourn the meeting. Motion was 2"d
by Jeann Howse. James Jordan, Mark
Plagens, Richard Wilson, Jeann Howse,
Frank Vargas, Jr. voted aye. Motion
passed. The meeting was adjourned at
9:30 .m.
Zoning Board of Adjustment Minutes
August 17, 2006 Meeting
4
PASSED THIS DAY O 2006.
Ja es Jord resid ffice
ATTEST
Sallye A. Clark, P ing Assistant