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Home My WebLink About11162006 ZBA Minutes OLM) City of West University Place A Neighborhood City ® Recycled Pape, ZONING BOARD OF ADJUSTMENT COUNCIL CHAMBERS, MUNICIPAL BUILDING 3800 UNIVERSITY BOULEVARD MEETING MINUTES November 16, 2006 6:30 p.m. I MEMBERS Mark Plagens (voting), Stephen Stewart (voting for notices only), PRESENT: Richard Wilson (voting), Frank Vargas, Jr. (arrived at 6:40 during agenda item 3, voting), David Theis (voting) and Jason Powers _(voting) II. MEMBERS ABSENT: James Jordan and Jeann Howse STAFF PRESENT: Debbie Scarcella, Chief Building Official, Craig Koehl, Urban Forester, 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 Richard Wilson called the meeting to order at Stephen Stewart moved to accept order and Protocol. 6:30 p.m. Richard Wilson asked all members that 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 Mark Plagens. were posted as required by city and state law. Stephen Stewart, Richard Wilson, Swearing in of witnesses. Mark Plagens, Jason Powers and voted aye. Motion passed. Richard Wilson administered the oath to all witnesses. 2 Docket No. 06-07, Applicant has withdrawn this Commercial application. Business at 5406 Kirby Drive, West University Place, Texas 77005 Public hearing regarding the following matters: (Special exception for shared parking agreement and joint use of 75% of the parking spaces at 5410 Kirb 3 Docket No. 06-08, Mike Perkins, owner of 3116 Rice Blvd gave Frank Vargas, Jr. made a motion to House at 3116 Rice a presentation of the variance request. No close the evidentiary portion of the 3800 University Boulevard 0 West University Place, Texas 77005-2899 • 713066804441 0 www.westu.org Zoning Board of Adjustment Minutes November 16, 2006 Meeting 2 Blvd, West Correspondence was received in favor of or in hearing. Motion was 2" by Mark University Place, opposition to the request. Plagens. Jason Powers, Frank Texas 77005 Debbie Scarcella, Building Official gave the Vargas, Jr., David Theis, Mark (Variance). background and staff report as follows: Plagens and Richard Wilson voted Deliberation, Background Information aye. Motion passed. decisions, other The applicant in Docket 06-08, 3116 Rice After discussion, Frank Vargas, Jr. action, etc. regarding Blvd., is requesting a variance to the Zoning made a motion to grant the the following Ordinance regarding Table 7-2, entitled variance of 2.5 feet for the interior matters: "Yards (or setbacks)". Table 7-2 establishes side yard setback. The request is Public hearing the yards or setbacks required for each for the side yard setback to be 5.0 regarding the building site based on lot depth and width. feet instead of 7.5 feet. following matters: Generally in SF districts there must be an David Theis seconded the motion. Yards (or `setbacks interior side yard of 10% of the building site Ayes: Richard Wilson, Frank Applicant requests a width or 5 feet, whichever is greater. The Vargas, Jr., Jason Powers, and variance of 2.5 feet for applicant is asking for a variance to allow the David Theis voted aye. Mark the interior side yard side setback to be reduced from 7.5 feet to 5 Plagens abstained. Motion passed. setback. The request feet on the interior side yard in order to Variance granted. is for the side yard protect a red oak tree located in the middle of setback to be 5.0 feet the lot. instead of 7.5 feet to Staff Response protect an existing The applicant is planning an addition to the Red Oak Tree. existing house structure located at 3116 Rice Deliberation, Blvd. The addition will include a porte-a- decisions, other cochere with living space above it. The width action, etc. regarding of the lot is 75 feet, so a 7.5-foot setback for the preceding matters. the structure is required. The applicant believes that building the port-a-cochere in conformance with the 7.5 foot required setback would require a new driveway segment, to be curved inward from the existing location of the driveway. This inwardly curved segment would increase the intrusion into the critical root zone of a red oak tree (located between the house and the rear loading garage) and possibly damage the tree. The applicant has included a report from a consultant, which supports this belief. The City's Urban Forester, Craig Koehl, went out on site and verified that the tree in question is a large (21" circumference) protected red oak and is located substantially as represented in the attached application documentation. The existing driveway is approximately five to six feet from the base of the tree. There is an elevation differential of about 6-8 inches between the driveway and grade. Mr. Koehl noticed some upheaval in the driveway section next to the tree. This Zoning Board of Adjustment Minutes November 16, 2006 Meeting 3 usually indicates that large roots are below the driveway and most probably would be impacted by any excavation in removing and replacing the driveway either at its present location or closer to the base of the tree. Special care will need to be taken to protect any large roots under the driveway through limiting the depth of excavation, possibly using an alternative material in the affected section, and working to elevate the section and its connecting parts enough to allow adequate oxygen to reach the root areas under the concrete. These issues would be addressed by the tree disposition plan and permit in conjunction with the project application. 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. (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. Additionally Section 82-10(c) of the Code of Ordinances states that the need to protect or preserve a large tree (defined as a tree with a circumference of 19" or more) shall be considered a sufficient "hardship" in all cases where a hardship is required for the issuance of a variance under city ordinances. The applicant has the burden of presenting evidence to support each of the required Zoning Board of Adjustment Minutes November 16, 2006 Meeting 4 findings and determinations. 4 Minutes. Frank Vargas, Jr. made a motion to approve the minutes from the October 19, 2006 meeting as written. Motion was 2°d by David Theis. Ayes: Richard Wilson, Frank Vargas, Jr., Jason Powers, Mark Plagens and David Theis voted aye. Motion passed. Minutes approved. Adjournment. Frank Vargas, Jr. made a motion to adjourn the meeting. Motion was 2nd by David Theis. Ayes: Richard Wilson, Frank Vargas, Jr., Jason Powers, Mark Plagens and David Theis voted aye. Motion passed. The meeting was adjourned at 7:30 .m. l I PASSED THIS 1 DAY OF)l X2006. Richard Wilson, Vice-Presiding Officer ATTE Sallye A. Clark, anning Assistant