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HomeMy WebLinkAbout04202006 ZBA Minutes CMI) City of West University Place A Neighborhood City ® Recycled Paper ZONING BOARD OF ADJUSTMENT BILL WATSON CONFERENCE ROOM, MUNICIPAL BUILDING 3800 UNIVERSITY BOULEVARD MEETING MINUTES April 20, 2006 6:30 p.m. 1. MEMBERS PRESENT: James Jordan (voting), Frank Vargas, Jr. (voting), Susan Hanna (voting), Jeann Howse (voting) and David Theis (voting) II. MEMBERS ABSENT: Mark Plagens, Richard Wilson and Steven Stewart III. STAFF PRESENT: Ron Wicker, ACM/Public Works Director 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 6:30 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 David Theis. James Jordan, by city and state law. Frank Vargas, Jr., Susan Hanna, Jeann Swearing in of witnesses. Howse and David Theis voted aye. Motion passed. James Jordan administered the oath to all witnesses. 2 Docket No. 06-02, Ron Wicker, Public Works Director gave the Jeann Howse made a motion to close House at 3123 Sunset background of the variance request as follows: the evidentiary portion of the hearing. West University Motion was 2nd by Frank Vargas, Jr. The applicant has submitted plans to rebuild a Place Texas 77005 James Jordan Susan Hanna Jeann ' garage with an attached porte-cochere. On the ' (Variance) second rejection, it was noticed that the porte- Howse, Frank Vargas, Jr. and David Public hearing cochere did not comply with the side setback Theis voted aye. Motion passed. regarding the following regulations. A garage can be in the side setback as Frank Vargas, Jr. stated for the matters: Yards or close as 3 feet to the property line if it meets the record that he would be abstaining Setbacks. Matt ters conditions in Table 7-6 note 5, Garages in side from voting on docket 06-02. relating the property yards. The structure did not meet the conditions After discussion Jeann Howse made owner's request fora and would project into the required side yard (side a motion to grant the variance of variance to yard is 10% of width of lot = 7.5 feet). docket 06-02 to allow a minor allow a minor encroachment of porte-cochere encroachment of The applicant believes they have a hardship in into the side yard (3.31' from porte-cochere into the that it was only noticed on the second round the side property line). Motion was side yard (3.31' from of plan submittal and review and they had 2nd by David Theis. James Jordan, the side property demolished their existing garage after the first Susan Hanna, Jeann Howse and line)Deliberation, rejection. They also state that due to the David Theis voted aye. Motion decisions, other location of the old house (built in 1934 which passed. Variance granted. action, etc. regarding pre-dates the zoning ordinance) they have a the preceding hardship. The house was built very close to matters. one side of the lot and building the new 3800 University Boulevard • West University Place, Texas 77005-2899 • 713066804441 0 www.westu.org Zoning Board of Adjustment Minutes April 20, 2006 Meeting 2 garage on the other side of the lot would require the removal of significant qualified trees (see survey). The applicant also believes that the request is in the public interest, it complies with the spirit of the ordinance and that substantial justice is done. Tom and Kathy Laucuis, property owners 3123 Sunset and Steven Broussard, 18215 Fern Bluff, Spring, Texas, designer of the project gave a presentation of the variance request. Mr. Laucias stated that the hardship would be removal of two large qualified trees. The 2- story framed house was originally built in 1934. Sallye Clark, Planning Assistant, stated that correspondence was received the night of the meeting by applicant in the form of a letter from Barabara Lee Teas, 3129 Sunset Blvd. A petition in favor of the request was also received from: Cathy Winter, 3025 Sunset; Mary Smith, 3122 Nottingham; Kathleen Plfuger, 3123 Sunset; Steven and Margaret Santry, 3121 Sunset; Richard Andre, 3115 Sunset Blvd; and David and Michele Mahoney; 3126 Nottingham all in favor of the request. No correspondence was received in opposition of the request. No one spoke in favor of or opposition to the request. Ron Wicker read the staff recommendation as follows: The applicant is applying for this variance to allow the porte-cochere structure to project into the side yard. Initially the plans were rejected for a number of items, one being that a site plan was not submitted with the plans. The site plan is the document used to check setback compliance. Staff rejected these plans again on the second review (with the required site plan) due to the location of the porte-cochere in the side yard. As noted above a garage can be located in the side yard if it complies with certain conditions, this structure did not comply, it is closer than the 70 feet requirement from the front street line (property line) and does not meet the definitions of garage. Staff does not believe that the demolition of the garage can be considered a hardship since the review process was not completed; especially since the required site plan document was not included in the initial plans. By the documentation provided this house is not an "old stock home" since it has more than 1700 Zoning Board of Adjustment Minutes April 20, 2006 Meeting 3 square feet. The applicant states that the house has 2756 square feet, since there is no documentation that states that the original square footage was less than the 1700 square feet then it can not be considered a old stock home. The relocation of the garage to the alternate side would impact the significant oak trees on the east side. Chapter 22 of the Code of Ordinances states that the need to save a significant qualified tree (Class 1 or 2, larger than 12" diameter) can be considered a hardship. The trees are significant qualified Class 1 trees. (See attached email from Craig Koehl, Urban forester) Staff believes that this request is in harmony with the spirit and intent of the ordinance (due to old stock housing and tree preservation), nor does it seem contrary to public interests. Staff finds that the ZBA has the authority to grant this variance only if the applicant demonstrates a hardship and the request complies with the above requirements with the condition that it is recorded at Harris County. 3 Minutes. Jeann Howse made a motion to approve the minutes from the March 16,2006 meeting. Motion was 2nd by David Theis. James Jordan, Susan Hanna, Jeann Howse, Frank Vargas, Jr. and David Theis voted aye. Motion passed. Minutes approved. Adjournment. Jeann Howse made a motion to adjourn the meeting. Motion was 2nd by Frank Vargas, Jr. James Jordan, Susan Hanna, Jeann Howse, Frank Vargas, Jr. and David Theis voted aye. Motion passed. The meeting was adjourned at 7:35 .m. PASSED THIS DAY OF SatM6(2006. J e Jorda , Presid' g fi er aa e A . Clark, 1 nning Assistant