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HomeMy WebLinkAbout12212006 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 December 21, 2006 6:30 p.m. I• MEMBERS PRESENT: James Jordan (voting), Stephen Stewart, Richard Wilson (voting), Frank Vargas, Jr. (voting), Jeann Howse (voting) and Jason Powers (voting) II. MEMBERS ABSENT: Mark Plagens and David Theis III. STAFF PRESENT: Debbie Scarcella, Chief Building Official, 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, Frank Vargas, Jr., Jeann Howse and Jason Powers voted aye. Motion passed. James Jordan administered the oath to all witnesses. 2 Docket No. 06-09, Todd and Nicole Andrews, owner of 3220 Jeann Howse made a motion to House at 3220 Albans gave a presentation of the variance close the evidentiary portion of the Albans Road, West request. No correspondence was received in hearing. Motion was 2nd by Frank University Place, favor of or in opposition to the request. Cara Vargas, Jr. James Jordan, Stephen Texas 77005 Reid, 3311 Albans and Chris and Katy Stewart, Richard Wilson, Frank (Variance) Public Galliano, 3312 Albans spoke in favor of the Vargas, Jr., Jeann Howse and Jason hearing regarding the request. No one spoke in opposition of the Powers voted aye. Motion passed. following matters: request. Debbie Scarcella, Building Official After discussion, Richard Wilson Applicant requests a gave the background and staff report as made a motion to grant the variance to allow a follows: variance as requested. Jeann proposed garage door Background Information Howse seconded the motion. or opening facing the The applicant in Docket 06-09, 3220 Albans, James Jordan, Stephen Stewart, side street line is requesting a variance to the Zoning Richard Wilson, Frank Vargas, Jr., (Rutgers Avenue) to Ordinance regarding Table 7-4a, entitled Jeann Howse and Jason Powers be located on the side "Garage Space". Table 7-4a establishes voted aye. Motion passed. street line, instead of additional setbacks for garage doors or Variance granted. being set back 10 feet openings facing a front or side street line. A from the side street garage door or opening that faces a side street 3800 University Boulevard 0 West University Place, Texas 77005-2899 9 713.668.4441 • www.westu.org Zoning Board of Adjustment Minutes December 21, 2006 Meeting 2 line. line is required to: (i) be set back ten feet or more from the side street line, and (ii) maintain open area above the driveway for at 7i least seven feet from the side street line. The applicant is asking for a variance to allow a new garage opening facing a side street line (in this case, Rutgers) to be located on the side street line, thereby reducing the 10 foot setback to 0 feet. Staff Response The applicant is planning a series of additions and renovations to the existing house structure located at 3220 Albans. One of the proposed additions is a new garage, which would replace the existing garage located on the east side of the property. The Andrews's plan to renovate the existing garage and convert it into a pool cabana structure. The new garage is planned on the west side of the property with access from Rutgers. An additional phase of the project is an addition to the west side of the existing house as shown in the attached site plan. The applicant believes that building the garage the required 10' from the side street line would push the garage too close to several live oak trees located on the property resulting in the loss of at least a 17" diameter and a 10" diameter on the northeast corner of the garage. The applicant bases this belief on the recommendation from a tree expert. The applicant also believes that if the garage is constructed in the proposed location, it will help buffer traffic noise from nearby Bissonnet and help visually buffer the view of St. Andrew's Presbyterian Church adjacent to the rear of the property. The City's Urban Forester, Craig Koehl, went out on site to verify location and condition of the trees. Mr. Koehl does not believe that the location of the garage will necessarily make a difference in preserving the live oaks in question because of the impact of the construction via the foundation and proposed new driveway on the critical root zone of the affected trees. Basically, no matter where the garage is located on the west side of the site accessing from Rutgers, trees will be affected. Zoning Board of Adjustment Minutes December 21, 2006 Meeting 3 I The ultimate location of the garage will determine the degree to which the critical root zone will be affected. 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. 3 Minutes. Richard Wilson made a motion to approve the minutes from the November 16, 2006 meeting as amended. Motion was 2nd by Jason Powers James Jordan, Stephen Stewart, Richard Wilson, Frank Vargas, Jr., Jeans Howse and Jason Powers voted aye. Motion passed. Minutes approved. Adjournment. Richard Wilson made a motion to adjourn the meeting. Motion was 2nd by Jeans Howse. James Jordan, Stephen Stewart, Richard Wilson, Frank Vargas, Jr., Jeans Howse and Jason Powers voted aye. Motion passed. The meeting was adjourned at 7:30 .m. Zoning Board of Adjustment Minutes December 21, 2006 Meeting 4 Adjournment. Richard Wilson made a motion to adjourn the meeting. Motion was 2„d by Jeann Howse. James Jordan, Stephen Stewart, Richard Wilson, Frank Vargas, Jr., Jeann Howse and Jason Powers voted aye. Motion passed. The meeting was adjourned at 7:30 .m. PASSED THIS DAY O"~ 07. Ja es Jo dan P siding icer ATTE Sallye A. Clark, anning Assistant