HomeMy WebLinkAbout09212006 ZBA Minutes
City of West University Place
A Neighborhood City
® Recycled Paper ZONING BOARD OF ADJUSTMENT
COUNCIL CHAMBERS, MUNICIPAL BUILDING
3800 UNIVERSITY BOULEVARD
MEETING MINUTES
September 21, 2006
6:30 p.m.
I. MEMBERS PRESENT: James Jordan (voting), Mark Plagens (voting), Richard Wilson (voting),
Jeann Howse (voting), Frank Vargas, Jr. (voting), David Theis and
Jason Powers
II. MEMBERS ABSENT: Stephen Stewart and Susan Hanna
III. STAFF PRESENT: Debbie Scarcella, Chief Building Official, Chris Peifer, Public Works
Director/ACM, James Dougherty, Jr., City Legal Counsel and Sallye A.
Clark, Planning Assistant
IV. CALL TO ORDER: 6:35 p.m.
Agenda Item Discussion Action
1 Call the meeting to James Jordan called the meeting to order at 6:35 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 Richard Wilson. James
by city and state law. Jordan, Mark Plagens, Richard Wilson,
Swearing in of witnesses. Jeann Howse and 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 an Richard Wilson made a motion to close
House at 2803 Sunset overview of the presentation from last month's the evidentiary portion of the hearing.
Blvd, meeting. He has returned with three additional Motion was 2nd by Jeann Howse.
West University plans at the request of ZBA. Plans A and B are the James Jordan, Mark Plagens, Richard
Place, Texas 77005 same except the garage being moved. Plan A Wilson, Jeann Howse and Frank
(Variances-Multiple maximizes pervious area on the rear of the lot and Vargas, Jr. voted aye. Motion passed.
requests) backyard open area. Plans C maximizes the After discussion, Richard Wilson made
Public hearing backyard open area. a motion to deny all requests. Motion
regarding the following Debbie Scarcella, Building Official gave the was 2nd by Frank Vargas, Jr. James
matters: Applicant The staff response as follows: Jordan, Mark Plagens, Richard Wilson,
intends to build a new The ZBA at its meeting of August 17, 2006 Jeann Howse and Frank Vargas, Jr.
house. Applicant requested that the applicant attempt to design the voted aye. Motion passed. All requests
requests variances from new house to comply with the Zoning Ordinance denied.
zoning ordinance and, in case the design cannot comply, the
regulations to allow: applicant was allowed the opportunity to return on
reducing the minimum September 21 to present additional evidence and
side yard (or `setback') request the minimum relief necessary. The board
width to three feet, on voted to suspend its normal rules for this purpose.
both sides; (b) The applicant has submitted drawings and seeks
increasing the variances for the following items:
maximum framed area 1. To ant a variance to the five-foot
3800 University Boulevard 9 West University Place, Texas 77005-2899 • 713066804441 0 www.westu.org
Zoning Board of Adjustment Minutes
September 21, 2006 Meeting
2
of buildings on the site side yard setbacks for the limited purpose of
to 4,000 square feet allowing chimney and air-conditioning
(84.21 % of the area of compressors, no less than three feet to the property
the site); (c ) reducing line. (Note: The drawings show the air
minimum open area of conditioning equipment closer to the line, but the
the rear yard (to 40%) applicant has orally indicated that the building can
and of the whole be "notched" so that the equipment will be at least
building site (to 30%); three feet from the property line.)
and (d) reducing the 2. To exceed the maximum framed area
setback for a garage of 80% to allow 4000 square feet of enclosed
door facing the side framed area and an open covered patio of 350
street to seven feet, square feet. (Total 4350 square feet or 91.57% of
with a reduced open the area of the building site).
area requirement above 3. To relax the minimum requirement of
the driveway (five feet 60% open area in the rear yard to either 50% or
from side street line). 45% depending upon the variances granted.
Deliberation, decisions, 4. To relax the minimum required
other action, etc. distance from the garage door opening to the side
regarding the preceding street line from 10' to 7', and relax the open area
matters. Deliberation, above the driveway from 7' to five feet from the
decisions, other action, side street line.
etc. regarding the In compliance with Table 7-6, chimneys are
preceding matters. allowed to project a maximum of 12" into the side
yard as long as the projection does not exceed a
cross-sectional area of 8 square feet and does not
come closer than 36" to the side property line.
The applicant is basically asking for the chimneys
to encroach twelve inches more than allowed by
Table 7-6, but they would still be 36 " from the
side property line. Air-conditioning equipment is
allowed to project into the side yard, if it does not
come closer than 36" to the side property line.
Therefore, no variance is necessary to allow the air
conditioning equipment in such a position.
The applicant is requesting to increase the framed
area allowance from 80% in Table 7-4b to an
overall 91.57%. He is asking to allow an open
covered patio area in the rear not to exceed 350
square feet with a total enclosed framed area of
4000 square feet. Based on the lot size and
definition of framed area, the total framed area
may not exceed 3,780 square feet including the
covered patio area in the rear.
The applicant is requesting a relaxation in the
requirement for 60% open area in the rear yard as
required by Table 7-3, to either 50% or 45%,
depending upon whether or not the garage setback
variance is granted.
The applicant is requesting relief from the
required distance to the garage door opening and
open space above the driveway by asking they be
reduce to seven feet from the door opening and
five feet open area above the driveway. Table 7-
Zoning Board of Adjustment Minutes
September 21, 2006 Meeting
3
4a requires 10 feet to the garage door opening
from the side street line and a minimum of 7 feet
open space above the driveway to the side street
line.
Staff believes that the ZBA has generally 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:
(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. The burden is on the applicant to
prove each of these statutory elements.
(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.
Staff is not convinced that the actual site
conditions require the requested relief, with the
possible exceptions of: (i) the chimney
projections, which appear to relate to the
narrowness of the site but nevertheless maintain
the 36-inch minimum separation from the side
property line, and (ii) the garage setbacks, which
not only relate to the narrowness of the site but
also help to preserve a usable rear yard area.
Staff recommends that, if the applicant
carries his burden of proof to enable all
required findings and determinations to be
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;
Zoning Board of Adjustment Minutes
September 21, 2006 Meeting
4
(e) If the chimneys are allowed in the
side yard, they could be protected
with materials having a one-hour fire
rating, or better.
(f) Similar conditions.
Sallye Clark, Planning Assistant, stated that one
letter from Muriel Howell Flake, 2810 Georgetown,
was received in opposition of the requests. No
correspondence was received in favor of the
requests. Joan Jordan, 2804 Nottingham, John
Putnam, 2808 Nottingham and Brenda Keith, 2705
Sunset spoke in opposition of the requests. No one
spoke in favor of the requests.
Andrew Sullo, applicant requested to
withdraw the request for the air-conditioning
units in one and two and continue the requests
for the fireplaces in one and two. He also
requested to withdraw request number four
and five and (ii) and (iii) for number six. He
is still requesting number 6 (i).
3 Docket No. 06-03, After discussion of the two different
Commercial Business versions of the order, Frank Vargas, Jr.
at 5410 Kirby Drive, made a motion to approve the alternate
West University Place, form as amended. Motion was 2nd by
Texas 77005 (Special Richard Wilson. James Jordan, Mark
Exception). Plagens, Richard Wilson and Frank
Deliberation, Vargas, Jr. voted aye. Jeann Howse
decisions, other abstained. Motion passed.
action, etc. regarding
the following
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.
4 Docket No. 06-06 William Stellenwerf, Jr., property owner 3908 Richard Wilson made a motion to close
House at 3908 Browning gave a presentation of the Variance the evidentiary portion of the hearing.
Browning Street, West request. Motion was 2nd by Jeann Howse.
University Place, Texas Sallye Clark, Planning Assistant, stated that no James Jordan, Mark Plagens, Richard
77005 (Variance) correspondence was received in favor or opposition Wilson, Jeann Howse and Frank
Public hearing of the request. No one spoke in favor or opposition Vargas, Jr. voted aye. Motion passed.
regarding the following of the request. After discussion, Richard Wilson made
matters: Debbie Scarcella, Building Official gave the a motion to grant the variance request
HVAC units in background and staff response as follows: as proposed by city Staff with condition
rear yard. Matters The applicant is requesting a variance to allow number one removed. Motion was 2nd
Zoning Board of Adjustment Minutes
September 21, 2006 Meeting
5
relating the property replacement air conditioning equipment to remain by Mark Plagens. James Jordan, Mark
owner's request for a in its present location on a recessed platform on Plagens, Richard Wilson, Jeann Howse
variance to replace the second floor level, at the rear of a garage. The and Frank Vargas, Jr. voted aye.
HVAC units in their garage projects into the rear yard, so the Motion passed. Variance request
pre-existing location equipment is also located in the rear yard, about granted.
(more than 15 inches six feet from the rear lot line and about 10 feet
above the above the ground level.
ground) in the rear The applicant states that both units required
yard. replacement when they stopped operating during
Deliberation, decisions, the middle of August. In an effort to assist the
other action, etc. applicant in returning the home to a climate
regarding the preceding controlled state, the Building Official issued a
matters. temporary conditional permit allowing the
replacement of the units pending a variance
request to the ZBA. The applicant was required to
acknowledge in writing that the permit was
temporary and conditioned upon the
understanding that should the variance request be
denied, the compressor units would be relocated.
The air conditioning contractor states that
relocation of the units will result in loss of cooling
efficiency and system degradation contrary to the
optimum operation of the units. The applicant
believes that an unnecessary hardship exists due to
the reduction in energy efficiency and operation of
the system. The applicant also believes that the
variance is not contrary to the public interest and
preserves the spirit of the ordinance because the
units have been replaced in the originally designed
site, the units are designed to operate below the
decibel limits as prescribed by city ordinance, and
the units are located on vibration insulators and
concealed by mature trees to further mitigate
visual and noise concerns.
Table 7-6, Note 6, "Equipment in Rear or Side
Yard", Rear Yard (d), states that indicated
equipment may project into a rear yard if the base
of the unit does not exceed 14" above standard
base level. It further states that the regulations
shall apply to both new and replacement
equipment. The apparent intent of this provision
is to reduce noise pollution and avoid visual
intrusions into neighboring property. .
To issue this variance, the ZBA must find that :(i)
"due to special conditions," a literal enforcement
of the Zoning Ordinance provision would result in
"unnecessary hardship," (ii) the "spirit of the
ordinance is observed and substantial justice is
done," and (iii) the variance is "not contrary to
public interest." The burden is on the applicant to
rove each of these statutory elements.
Zoning Board of Adjustment Minutes
September 21, 2006 Meeting
6
The existing garage was designed to accommodate
the compressor units on a platform in a recessed
area of the second floor of the garage. The
platform is approximately ten feet above grade.
Attached are pictures of possible alternate
locations on the site. The only nearby areas that
could be considered compliant with the
regulations are located to the right of the garage
(interior lot side). Relocating the units to a
compliant site on the lot would require extensions
of the refrigerant lines, affecting the overall
efficiency and long term operation of the
condensers. In addition, the electrical code
requires 120-volt outlets and separate disconnects
at the units for servicing, necessitating additional
electrical work. Staff believes the reduction in the
system efficiency and additional electrical work
could be considered as factors bearing upon the
"special conditions" and "hardship" test.
If the applicant proves the statutory elements, staff
recommends granting this variance with the
following conditions:
1. If the noise of the units is
discernable at a point outside the
boundaries of the site where the
equipment is located, the noise will
not exceed the decibel limits as
prescribed by city ordinance.
2. The variance is recorded in the real
property records of Harris County.
5 Minutes. Jeann Howse made a motion to
approve the minutes from the
April 20, 2006 meeting as amended.
Motion was 2nd by Mark Plagens.
James Jordan, Mark Plagens, Jeann
Howse, and Frank Vargas, Jr. voted
aye. Richard Wilson abstained.
Motion passed. Minutes approved.
Richard Wilson made a motion to
approve the minutes from the
July 20, 2006 meeting as amended.
Motion was 2nd by Frank Vargas, Jr.
James Jordan, Mark Plagens, Richard
Wilson and Frank Vargas, Jr. voted
aye. Jeann Howse abstained. Motion
passed. Minutes approved.
Jeann Howse made a motion to
approve the minutes from the
August 17, 2006 meeting as amended.
Motion was 2nd by Mark Plagens.
James Jordan, Mark Plagens, Jeann
Howse, Richard Wilson and Frank
Zoning Board of Adjustment Minutes
September 21, 2006 Meeting
7
Vargas, Jr. voted aye. Motion passed.
Minutes approved.
Adjournment. Frank Vargas, Jr. made a motion to
adjourn the meeting. Motion was 2nd
by Mark Plagens. James Jordan,
Mark Plagens, Richard Wilson, Jeann
Howse, Frank Vargas, Jr. voted aye.
Motion passed. The meeting was
adjourned at 8:50 .m.
PASSED THIS DAY OF06.
pJ-esJ P i m cer
i
I
Sallye A. Clark, anning Assistant