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HomeMy WebLinkAbout07192007 ZBA Minutes 0 City of West University Place A Neighborhood City ® Recycled Paper ZONING BOARD OF ADJUSTMENT COUNCIL CHAMBERS, MUNICIPAL BUILDING 3800 UNIVERSITY BOULEVARD MEETING MINUTES July 19, 2007 6:30 p.m. I MEMBERS Richard Wilson (voting), Stephen Stewart (voting), Frank Vargas, PRESENT: Jr. (voting), Jeann Howse (voting), and Mark Plagens (voting) II. MEMBERS ABSENT: David Theis and Jason Powers III. STAFF PRESENT: Debbie Scarcella, City Planner, 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 Richard Wilson called the meeting to order at Jeann Howse moved to accept that order and Protocol. 6:35 p.m. Richard Wilson asked all members all notices were properly posted and Notices, Rules, Etc. and staff to introduce themselves. Sallye A. distributed for this meeting. Motion Clark, Planning Assistant stated all notices was 2nd by Frank Vargas, Jr. were posted as required by city and state law. Richard Wilson, Mark Plagens, Swearing in of witnesses. Frank Vargas, Jr., Stephen Stewart and Jeann Howse voted aye. Motion passed. Richard Wilson administered the oath to all witnesses. 2 Docket No. 07-05, Brent Nyquist and Mukand Patel, Atticus Jeann Howse made a motion to Property at 3609 Architects gave a presentation of the variance close the evidentiary portion of the Albans Street, West request. No correspondence was received in hearing. Motion was 2nd by Frank University Place, favor of or in opposition to the request. Tommy Vargas, Jr. Richard Wilson, Mark Texas 77005 and Dee Dee Fibich spoke in favor of the Plagens, Frank Vargas, Jr., Stephen (Variance) Public request. Phillip Noble spoke in opposition to Stewart and Jeann Howse voted hearing regarding the the request. Craig Koehl, City Forester and aye. Motion passed. After following matters: Debbie Scarcella, Building Official gave the discussion, Frank Vargas, Jr. made Applicant requests a background and staff report as follows: a motion to deny the variance variance to allow an Background Information request. Jeann Howse seconded the accessory The applicant in Docket 07-05, 3609 Albans motion. Mark Plagens, Frank structure/quarters to Road is requesting a variance to the Zoning Vargas, Jr., Stephen Stewart and project 3'6" into a Ordinance regarding Table 7-2, entitled Jeann Howse voted aye. Richard side yard in lieu of "Yards (or setbacks)". Table 7-2 establishes Wilson voted nay. Motion passed. the required 10% of the yards or setbacks required for each Variance denied. the lot width (or building site based on lot depth and width. 7.5'). Generally, in SF districts, there must be an interior side yard of 10% of the building site 3800 University Boulevard 0 West University Place, Texas 77005-2899 0 713066804441 0 www.westu.org Zoning Board of Adjustment Minutes July 19, 2007 Meeting 2 width or five feet, whichever is greater. The applicant is asking for a variance to allow the side setback to be reduced to four feet on the southwest side of the lot in order to protect a water oak tree located in the middle of the lot. Staff Response The applicant is planning to demolish an existing house and detached rear garage located at 3609 Albans Road. A new house with an attached front-loading garage is proposed, which would be built within the 7.5-foot side setback lines. The old rear garage is set back about 3.3 feet from the southwest side property line. Roughly on the same footprint as the old garage, the applicant is planning to construct a one-story detached building to be used as accessory quarters. The applicant has indicated that setting back the accessory structure the required 7.5 feet would cause the foundation of the accessory structure to encroach into the critical root zone of a water oak and cause damage to the tree. The applicant has included a report from a consultant, which supports this position. The City's Urban Forester, Craig Koehl, went out on site and verified that the tree in question is a large (24" diameter) protected water oak and is located substantially as represented in the attached application documentation. The existing garage (to be demolished) is approximately 12' to 13' from the base of the water oak. Mr. Koehl believes that maintaining a distance of 12' to 13' from the proposed accessory quarters to the base of the tree (approximately the same location as the existing garage) would contribute to ensuring its long-term survival. The critical root zone needs to remain intact as much as possible. Section 82-10(c) of the Code of Ordinances states that the need to protect or preserve a large tree (defined as a tree with a circumference of 19" or more) shall be considered a sufficient "hardship" in all cases where a hardship is required for the issuance of a variance under city ordinances. The applicant has designed the proposed Zoning Board of Adjustment Minutes July 19, 2007 Meeting 3 principal structure to help minimize damage to the water oak by proposing a crawl space foundation and a smaller footprint than would be allowed under the 80% rule. The applicant has indicated that the smaller size of the principal structure necessitates the construction of the accessory quarters. Recommendation 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. (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, Section 82-10 (c) allows preservation and protection of a large tree as evidence to be considered in support of an affirmative determination of unnecessary hardship. If the Board grants a variance, the Board can attach conditions. In this case, the Board may want to consider attaching the following conditions: (i) the reduced setback apply to the proposed accessory building only in the location where it is proposed to be built (i.e., the rear portion of the yard, measured at 110' or more from the front street line), and ii the variance would expire if the Zoning Board of Adjustment Minutes July 19, 2007 Meeting 4 proposed accessory building is demolished, destroyed or enlarged, or if 75% or more of its structural components are altered. (iii) the applicant must follow all recommendations for preservation and protection as outlined in the applicant's expert's opinion (letter attached with the application). 3 Minutes. Mark Plagens made a motion to approve the minutes from the June 21, 2007 meeting as written. Motion was 2nd by Jeann Howse. Richard Wilson, Mark Plagens, Frank Vargas, Jr., Stephen Stewart and Jeann Howse voted aye. Motion passed. Minutes approved. Adjournment. Mark Plagens made a motion to adj ourn the meeting. Motion was 2" d by Frank Vargas, Jr. Richard Wilson, Mark Plagens, Frank Vargas, Jr., Stephen Stewart and Jeann Howse voted aye. Motion passed. The meeting was adjourned at 7:40 .m. PASSED THIS DAY OF 007. 1 , Richard Wilson, V ce- esiding Officer ATTE d:& Sallye A. Clar , lanning Assistant