Loading...
HomeMy WebLinkAbout03152007 ZBA Minutes City of West University Place A Neighborhood City ® Recycled Paper ZONING BOARD OF ADJUSTMENT COUNCIL CHAMBERS, MUNICIPAL BUILDING 3800 UNIVERSITY BOULEVARD MEETING MINUTES March 15, 2007 6:30 p.m. I• MEMBERS James Jordan (voting), Stephen Stewart, Richard Wilson (voting), PRESENT: Frank Vargas, Jr. (voting), Jeann Howse (voting), Mark Plagens (voting) and Jason Powers II. MEMBERS ABSENT: David Theis STAFF PRESENT: Debbie Scarcella, Chief Building Official, James Dougherty, Jr., City Legal Counsel and Sallye A. Clark, Planning Assistant IV. CALL TO ORDER: 6:35 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. 6:35 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, Richard Wilson, Mark Swearing in of witnesses. Plagens, Frank Vargas, Jr., and Jeann Howse voted aye. Motion passed. James Jordan administered the oath to all witnesses. 2 Docket No. 07-02, Shannon Ramirez, owner of 2713 and 2719 Jeann Howse made a motion to Property at 2713 and Werlein gave a presentation of the variance close the evidentiary portion of the 2719 Werlein request. No correspondence was received in hearing. Motion was 2"d by Frank Road, West favor of or in opposition to the request other Vargas, Jr. James Jordan, Richard University Place, than the petition submitted with application. Wilson, Mark Plagens, Frank Texas 77005 No one spoke in favor of or in opposition of Vargas, Jr., and Jeann Howse voted (Variance) Public the request. Debbie Scarcella, Building aye. Motion passed. hearing regarding the Official gave the background and staff report After discussion, Richard Wilson following matters: as follows: made a motion to grant the variance Applicant requests a Background Information to allow demolition of the existing variance to allow to The applicant in Docket 07-02, 2713 and 2719 house on Lot 17, with the existing allow an existing Werlein is requesting a variance to the Zoning swimming pool remaining on Lot structure (pool) to Ordinance regarding Article 8, Section 8-102 17 (without a principal building), remain on the (b). Article 8, Section 8-102 (b) establishes but only for so long as the following building site without requirements for the status of accessory conditions are both present: (1) j a lawful use of the structures. The applicant is requesting a there must be perimeter fence or principal building variance to the accessory structure regulations, wall to enclose and unify the house and not accessory to which establish that an accessory building or area on Lot 16 with the pool area on 3800 University Boulevard • West University Place, Texas 77005-2899 0 713066804441 0 www.westu.org Zoning Board of Adjustment Minutes March 15, 2007 Meeting 2 the principal structure must be accessory to the principal Lot 17 (the fence or wall being building. building and accessory to a lawful use of the constructed along the west line of principal building. The applicant is requesting Lot 16, the south line of Lots 16 and a variance to allow an accessory building or 17, the east line of Lot 17 and the iil structure (swimming pool) to exist on a front yard line of Lot 17), and (2) building site without the lawful use of a Lots 16 and 17 must remain under principal building. These building sites are common ownership. located in an SF-1 District. Jeann Howse seconded the motion. Staff Response James Jordan, Richard Wilson, The applicant owns two 50' x 125' building Mark Plagens, Frank Vargas, Jr., sites located at 2713 and 2719 Werlein. The and Jeann Howse voted aye. building site at 2713 Werlein contains a Motion passed. Variance granted. residence, detached garage, and pool structure and 2719 Werlein contains a residence and detached garage. The applicant owns both properties and is planning to demolish both residences and garage structures in anticipation of constructing a new residence on the building site located at 2719 Werlein. The applicant requests to leave the pool structure at 2713 Werlein. The applicant has already had plans drawn to construct the residence at 2719 Werlein and based those drawings on the single building site dimensions at 2719 Werlein. The zoning regulations were applied as if 2719 Werlein was the only building site affected. The applicant does not want to combine the two sites through a designation of a building site allowed in Section 5-101, which would allow the pool as an accessory structure, because the side yard setbacks would increase from 5' to 10' for the primary structure. (Section 5-101 states that all applicable criteria in effect at the time of the designation must be met to qualify for this allowance.) An accessory building or structure is required by Section 8-102 (b) to be accessory to the principal building and lawful use of the principal building. Additionally, Section 8-102 (a) does not restrict the number of accessory structures, but also requires each one to be accessory to a lawful use of the building site. Staff believes the intent of these requirements was to prohibit an accessory structure or use (garage, pool, storage building, etc.) from existing without being accessory to the primary use, or, in this case single family residential. Zoning Board of Adjustment Minutes March 15, 2007 Meeting 3 If the Board grants a variance, the Board can attach conditions. In this type of case, the Board may want to consider conditions requiring that the appearance of a single building site be maintained. Example: requiring that fencing across the lot front be maintained as long as the applicant owns both sites. The Board could also consider limitations on the time when a variance would remain in effect. Examples: A fixed term of years, or for as long as the existing principal building is used as a residence. 3 Minutes. Frank Vargas, Jr. made a motion to approve the minutes from the February 15, 2007 meeting as amended. Motion was 2nd by Jeann Howse. James Jordan, Richard Wilson, Mark Plagens, Frank Vargas, Jr., and Jeann Howse voted aye. Motion passed. Minutes approved. Adjournment. Richard Wilson made a motion to adjourn the meeting. Motion was 2nd by Jeann Howse. James Jordan, Richard Wilson, Mark Plagens, Frank Vargas, Jr., and Jeann Howse voted aye. Motion passed. The meeting was adjourned at 7:16 .m. PASSED THIS DAY OF 2007. V (A- Richard Wilson, Vi ttsiding Officer ATTEST. Sallye A. Clar lanning Assistant