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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