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