HomeMy WebLinkAbout02152007 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
February 15, 2007
6:30 p.m.
I. MEMBERS James Jordan (voting), Stephen Stewart (voting), Frank Vargas,
PRESENT: Jr. (voting), David Theis (voting) and Jason Powers (voting)
II. MEMBERS ABSENT: Mark Plagens, Jeann Howse and Richard Wilson
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 Frank Vargas, Jr. moved to accept
order and Protocol. 6:30 p.m. James Jordan asked all members and that all notices were properly posted
Notices, Rules, Etc. staff to introduce themselves. Sallye A. Clark, and distributed for this meeting.
Planning Assistant stated all notices were Motion was 2nd by Stephen Stewart.
posted as required by city and state law. James Jordan, Stephen Stewart,
Swearing in of witnesses. Frank Vargas, Jr., David Theis and
Jason Powers voted aye. Motion
passed. James Jordan administered
the oath to all witnesses.
2 Docket No. 07-01, Bryan Fisher, property owner 3925 Arnold Stephen Stewart made a motion to
House at 3925 and Michael Autenreith, Houstonian builders, close the evidentiary portion of the
Arnold Street, West 1338 Mickey Way, Houston, Texas 77055 hearing. Motion was 2°d by David
University Place, gave a presentation of the variance request. Theis. James Jordan, Stephen
Texas 77005 No correspondence was received in favor of Stewart, Frank Vargas, Jr., David
(Variance) Public or in opposition to the request except for the Theis and Jason Powers voted aye.
hearing regarding the signed letter from Lori and James Cosgrove, Motion passed.
following matters: 3928 Arnold; Leonard Fox, 3924 Arnold; Kit After discussion, Frank Vargas, Jr.
Applicant requests a Flanagan and Jefferson Flemming, 3907 made a motion to deny the
variance to allow the Arnold Street; Robert and Candice Levy, variance as requested. David
framed area of all the 3911 Arnold Street; and Brian Franklin, 3923 Theis seconded the motion. James
structures located on Arnold supporting the request. Chuck Jordan, Stephen Stewart, Frank
the building site to O'Leary, 3935 Arnold spoke in favor of the Vargas, Jr., David Theis and Jason
exceed 80% of the request. No one spoke in opposition of the Powers voted aye. Motion passed.
area of the building request. Debbie Scarcella, Building Official Variance denied.
site by 4% (253 gave the background and staff report as
square feet). follows and let everyone know that there is
Deliberations, open area available to do the expansion on the
decisions, other first floor. :
actions, etc. Background Information
3800 University Boulevard 0 West University Place, Texas 77005-2899 9 713066804441 0 www.westu.org
Zoning Board of Adjustment Minutes
February 15, 2007 Meeting
2
regarding the The applicant in Docket 07-01, 3925 Arnold,
preceding matters. is requesting a variance to the Zoning
Ordinance regarding Table 7-4b, entitled
"Buildings". Table 7-4b establishes
regulations for buildings. The applicant is
requesting a variance to the "framed area"
regulation, which limits the maximum
"framed area" of all structures located within
a building site in an SF-3 district to 80% of
the building site area. The applicant is
requesting a variance to allow an increase in
"framed area" from 80% to 84.02 % of the
building site area.
Staff Response
The applicant owns a 50' x 120' lot
containing a house and one-story garage. The
maximum allowable "framed area" for a
6,000 square foot building site is 4,800 square
feet (6,000 x .8 = 4,800). The "framed area"
of all existing structures is 4,567 square feet.
The applicant is planning an addition of a
second floor to the existing garage. The
addition of the second floor would add 486
square feet to the building, making a total
"framed area" of 5,053 sq. ft., thereby
exceeding the 80% "framed area" limitation
by 253 square feet. The total "framed area"
would be 84.02 % of the building site area.
This addition will not change the footprint of
the existing structures or impact the open and
pervious areas. The addition meets the
criteria established in Table 7-6 for a garage
projection into a rear and side yard.
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.
Zoning Board of Adjustment Minutes
February 15, 2007 Meeting
3
(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.
The burden is on the applicant to present
evidence to the Board to support each finding
and determination required for the issuance of
a variance. In this case, the information
available to staff, so far, does not appear to
support findings (1)(i) and (1)(ii), above.
3 Minutes. Frank Vargas, Jr. made a motion to
approve the minutes from the
December 21, 2006 meeting as
amended. Motion was 2nd by
Stephen Stewart. James Jordan,
Stephen Stewart, Frank Vargas, Jr.,
David Theis and Jason Powers
voted aye. Motion passed. Minutes
approved.
Adjournment. Jason Powers made a motion to
adjourn the meeting. Motion was
2°d by Frank Vargas, Jr. James
Zoning Board of Adjustment Minutes
February 15, 2007 Meeting
4
Jordan, Stephen Stewart, Frank
Vargas, Jr., David Theis and Jason
Powers voted aye.
Motion passed. The meeting was
adjourned at 8:00 .m.
PASSED THIS / 5 DAY OF t~ 07.
J es Jor anre ding O facer
ATTEST.
Sallye A. Clark, P ing Assistant