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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