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HomeMy WebLinkAbout10192006 ZBA Minutes (LMN) City of West University Place A Neighborhood City ® Recycled Paper ZONING BOARD OF ADJUSTMENT COUNCIL CHAMBERS, MUNICIPAL BUILDING 3800 UNIVERSITY BOULEVARD MEETING MINUTES October 19, 2006 6:30 p.m. I• MEMBERS PRESENT: James Jordan (voting), Stephen Stewart (voting), Richard Wilson (voting), Jeann Howse (voting), Frank Vargas, Jr. (voting), David Theis and Jason Powers II. MEMBERS ABSENT: Mark Plagens 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: 6:30 p.m. Agenda Item Discussion Action 1 Call the meeting to James Jordan called the meeting to order at Jeann Howse moved to accept that order and Protocol. 6:30 p.m. James Jordan asked all members and all notices were properly posted and Notices, Rules, Etc. staff to introduce themselves. Sallye A. Clark, distributed for this meeting. Motion Planning Assistant stated all notices were was 2nd by Frank Vargas, Jr. James posted as required by city and state law. Jordan, Stephen Stewart, Richard Swearing in of witnesses. Wilson, Jeann Howse and Frank Vargas, Jr. voted aye. Motion passed. James Jordan administered the oath to all witnesses. 2 Docket No. 05-03 Roger Patterson, associate pastor; West University Frank Vargas, Jr. made a motion to and 05-16, Place of Baptist Church gave a presentation of the Special close the evidentiary portion of the Worship at 6218 Exception request. This special exception request is hearing. Motion was 2°d by Richard part of the conditions from a previous request that Auden; 3821, 3831, Wilson. James Jordan, Stephen was granted on July 20, 2006. WUBC is requesting 3835 & 3836 Stewart, Richard Wilson, Jeann Amherst Street; extension or reinstatement of Prior Non- Howse and Frank Vargas, Jr. voted 3804, 3810 Milton & Conforming (PNC) status for loading spaces. aye. Motion passed. Lots 11, 13, 14 & 15, Debbie Scarcella, Building Official gave the background and staff response as follows: After discussion, Richard Wilson block 15 College This new application stems from WUBC's 2005 made a motion to grant the special view, Section 3 application for special exceptions and variances to exception as presented by City staff Public hearing cover its existing campus and a proposed new with the following amendments regarding the gymnasium. The ZBA approved the (a) The applicant must following matters: application, but with conditions. Among them retain the effective use of the existing Loading Spaces. By was a condition that WUBC study the required curb cuts and driveways on the south written decision dated parking, loading and circulation and, if side of Amherst (including the vacant July 20, 2006, the necessary, come back to the ZBA for additional lot at 3821 Amherst and the two Zoning Board of consideration. The WUBC commissioned such a small buildings at 3831 and 3835 Adjustment granted a study, which recommended that a formal Amherst) as loading areas; for so long 3800 University Boulevard • West University Place, Texas 77005-2899 0 713.66804441 0 www.westu.org Zoning Board of Adjustment Minutes October 19, 2006 Meeting 2 special exception to agreement between the City and WUBC be as the applicant owns such properties. authorize joint use of pursued for joint use of parking spaces. Loading (b) The applicant must maintain parking spaces. The areas were not clearly addressed in the report. A the effective use of the existing curb decision also required special exception for joint use of parking spaces cut and driveway off Milton Street WUB C to report on was granted by the ZBA on July 20, 2006 with the at the northwest limits of the the adequacy of condition that within 90 days, WUBC submit a property behind the education loading spaces and report in consideration of the existing loading building, as a loading area, and must either: (i) install or spaces, if any, and within 90 days of that report, obtain appropriate permission from provide all required either install or provide all loading spaces required City Council for such use within 12 loading spaces or (ii) by the Zoning Ordinances, or submit an additional months. Motion was 2nd by Jea m submit an additional application to the ZBA to address those Howse. James Jordan, Richard application to the requirements. Wilson, Jeann Howse and Stephen ZBA. Apparently, Section 10-104 of the Zoning Ordinance requires Stewart voted aye. Frank Vargas, WUBC does not have one loading area per 20,000 square feet of Jr. voted nay. Motion passed. loading spaces building space likely to require loading space. Special Exception granted. meeting the Each loading area must be located on the same requirements of the building site and within 200 feet of the building Zoning Ordinance but area served, and it must be at least 10' wide by 30' claims prior non- long. In this case, it appears that three such conforming (PNC) loading areas would be required. WUBC has status (see Article 12 some areas that serve as loading areas, but they do of the Zoning not meet the requirements of Section 10-104. Ordinance). WUBC Attached to WUBC's new application is a plat of has submitted an the WUBC campus dated 9-10-46 which depicts application seeking the buildings as they existed then. Also attached extension or is a site plan from 2001 showing the campus as it reinstatement of such exists before recent demolition. Sometime during PNC status for the late 60's or early 70's, the curb cut and loading spaces, under driveway were installed on Milton Street at the Section 12-105 of the northwest limits of the property behind the Zoning Ordinance. education building. This driveway is actually on Deliberation, city property, but according to the applicant, was decisions, other installed for WUBC to use to access the buildings action, etc. regarding at the rear of the campus. This driveway has the preceding historically been used as a loading area as needed. matters. It meets the minimum required dimensions (10' by 30') and is within 200 feet of the building area served, but is actually not part of the building site. WUBC also has some driveway spaces on the south side of Amherst Street that serve as loading areas. However, they are not on the same building site with the main WUBC buildings across the street. Therefore, WUBC's buildings lack loading spaces meeting the requirements of Section 10- 104 of Zoning Ordinance. According to Section 12-102(a), an item acquires PNC status if (i) the item was constructed or established in conformance with the zoning Zoning Board of Adjustment Minutes October 19, 2006 Meeting 3 ordinance as applicable at the time; and, (ii) after construction or establishment, the item became non-conforming solely because the zoning ordinance was adopted or amended. In this case, the PNC "items" are the WUBC buildings that are not served by conforming loading spaces. (Note: A 1980 edition of the Code of Ordinances indicates that a loading area requirement was enacted as part of Ordinance Number 897, dated 5-13-68, which was not part of the zoning ordinance. Thus, it is possible that WUBC's buildings acquired PNC status upon adoption of that ordinance, because it is possible, the buildings were constructed before adoption.) In any case, WUBC's buildings acquired PNC status for non- conforming loading spaces upon incorporation of the loading area requirement into the zoning ordinance, in 1986, because the current buildings (without conforming loading areas) were constructed or established many years before 1986. Under Section 12-103 of the Zoning Ordinance, WUBC can lose PNC status in several different ways, including an increase in "the degree ofnon- conformity." It this case, it is clear that the WUBC is enlarging the buildings that lack conforming loading areas, so the degree of non- conformity is being increased, and PNC status will be lost. Authorityfor Special Exception. Section 12-105 grants the ZBA the authority to issue a special exception to extend or reinstate PNC status if the ZBA finds that (i) a substantial investment was reasonably made in the PNC item, or in reliance upon it, and (ii) extension of PNC status is necessary to allow a reasonable period in which to amortize the investment, or to avoid unreasonable waste of any remaining value of the item with PNC status. The normal requirements for issuance of a special exception must also be met. See Article 11. Conditions. If the ZBA issues such a special exception, staff recommends the following conditions: (1) the WUBC must retain the effective use of the existing curb cuts and driveways on the south side of Amherst (including the vacant lot at 3835 Amherst and the two small buildings at 3821 and 3831 Amherst) as loading Zoning Board of Adjustment Minutes October 19, 2006 Meeting 4 areas, and (2) WUBC must maintain the effective use of the existing curb cut and driveway off Milton Street at the northwest limits of the property behind the education building, as a loading area, and must obtain appropriate permission from City Council for such use. Any special exception should expressly state that the ZBA does not grant any rights to use City property, but instead, such rights can only be obtained from the City Council. Sallye Clark, Planning Assistant, stated that no correspondence was received in favor of opposition to the requests. Charles and Clyde Coon, 3 803 Rice Blvd had questions and spoke in opposition of the request. No one spoke in favor of the request. 3 Docket No. 06-07, William Roberton, owner of 5406 Kirby Jeann Howse made a motion to Commercial Land, LP handed out a proposed shared close the evidentiary portion of the Business at 5406 parking agreement layout and gave a hearing. Motion was 2nd by Richard Kirby Drive, West presentation of the Special Exception request. Wilson. James Jordan, Stephen University Place, The restaurant that will be built is based on Stewart, Richard Wilson, Jeann Texas 77005 (Special health and nutrition. There are no alcoholic Howse and Frank Vargas, Jr. voted Exception). beverages and we will close by l Opm. The aye. Motion passed. Deliberation, retail space, although TBD, will also be a After discussion, Jeann Howse decisions, other benefit for the City and its residents. We will moved that the hearing of this action, etc. regarding be making some great improvements to application, docket 06-07 be the following this site. We are building a 3900sf space that recessed and continued until the matters: will be used for a quick service restaurant meeting set for November 16, Public hearing (2500sf) and a retail space (1400sf). (note - 2006, with these notes: (1) so far, regarding the the restaurant actually consists of a 400sf there has not been sufficient following matters: retail area for supplements, whole foods, evidence to support the Shared Parking vitamins, etc.. and 2100sf of restaurant space determinations required by the Agreement. including the kitchen) Per section 10-100 the Zoning Ordinance, and (2) the Applicant requests a required number of spaces for this venture Board may consider additional special exception for would be 32. The site plan shows 26 spaces. evidence when the hearing a shared parking The shortfall of 6 spaces would be more than continues, perhaps including: agreement allowing satisfied by this special exception. The lot at (i) a parking plan for both sites the joint use 5410 Kirby contains 16 spaces. The special sufficient to bring 5410 Kirby of 75% of the parking exception would allow 12 of those spaces to into compliance with current spaces at 5410 Kirby. be used jointly and count towards the parking code that shows all parking Deliberation, requirements at this site. spaces, all loading areas, all decisions, other Correspondence in opposition to the request waste storage areas, all action, etc. regarding was received from Dr. Charles Guffy, 2809 driveways, all signage the preceding Sunset; Rowland Folansbee, 2708 Sunset and (particularly parking signs) matters. Brad Moody, 2707 Albans. There was no and all other vehicular correspondence received in favor of the facilities, request. David McMahon, 5410 Kirby and (ii) proposed design and part owner of 5406 Kirby Land, LP spoke in operational features for the Zoning Board of Adjustment Minutes October 19, 2006 Meeting 5 favor of the request. Dr. Rowland Folansbee, parking plan (e.g., safety 2708 Sunset, handed out a document and precautions, hours of spoke in opposition of the request. operation, internal circulation, Debbie Scarcella, Building Official gave the signage, etc.); background and staff report as follows: Richard Wilson seconded the This is the first time she has seen the shared motion. Ayes: Richard Wilson, parking agreement dated 10/19/2006 and is James Jordan, Jeann Howse, Frank concerned about the amount of spaces and if Vargas, Jr. and Stephen Stewart. they are the correct size and double lane Motion passed. width. There is no formal application with plans submitted as of this date. Back up parking,is not allowed by the ordinance and there is not conformation that the angled parking at 5410 can meet the maneuvering area requirements. 4 Minutes. Richard Wilson made a motion to approve the minutes from the September 21, 2006 meeting as amended. Motion was 2nd by Jeann Howse. Ayes: Richard Wilson, James Jordan, Jeann Howse, Frank Vargas, Jr. and Stephen Stewart. Motion passed. Minutes approved. Adjournment. Richard Wilson made a motion to adjourn the meeting. Motion was 2°d by Frank Vargas, Jr. Ayes: Richard Wilson, James Jordan, Jeann Howse, Frank Vargas, Jr. and Stephen Stewart. Motion passed. The meeting was adjourned at 9:32 .m. PASSED THIS 10~1 DAY OF 006. Ja s J dan, es' ing fficer ATTEST: Sallye A. Clark lanning Assistant