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HomeMy WebLinkAbout09202007 ZBA Minutes OLM) City of West University Place A Neighborhood City ® Recycled Paper ZONING BOARD OF ADJUSTMENT COUNCIL CHAMBERS, MUNICIPAL BUILDING 3800 UNIVERSITY BOULEVARD MEETING MINUTES September 20, 2007 6:30 p.m. I MEMBERS Richard Wilson (voting), Stephen Stewart (voting), Jason Powers PRESENT: (voting), Jeann Howse (voting), and Mark Plagens (voting, arrived at 7:52 .m.) II. MEMBERS ABSENT: David Theis and Frank Vargas, Jr. ,III. STAFF PRESENT: Debbie Scarcella, City Planner, James Dougherty, Jr., City Legal Counsel 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. Debbie distributed for this meeting. Motion Scarcella, City Planner stated all notices were was 2nd by Stephen • Stewart. posted as required by city and state law. Richard Wilson, Stephen Stewart, Swearing in of witnesses. Jason Powers and Jeann Howse voted aye. Motion passed. Richard Wilson administered the oath to all witnesses. 2 Docket No. 07-06, Reid Wilson, attorney for applicant and Richard Wilson made a motion to regarding property property owner, Scott Fraiser; 6505 Mercer, suspend the rules and hear at 6505 Mercer introduced himself and gave an overview of the evidence and then deliberate on the Street, West requests. appeal first. Motion was 2nd by University Place, Richard Wilson, chair read the rules of Stephen Stewart. Richard Wilson, Texas 77005, procedure and explained that there was a Stephen Stewart, Jason Powers and including: (1) request to suspend the rules in agenda item two. Jeann Howse voted aye. Motion Appeal of He then explained the procedure for passed Rules Suspended. administrative suspending the rules and proceeding with the Jeann Howse made a motion to decision regarding remaining docket. Scott Fraiser then gave an close the evidentiary portion of the front street line and overview of the proposed construction and the hearing. Motion was 2„d by Stephen rotated corner differences in site plans depending on the Stewart. Richard Wilson, Mark building site issue. orientation of the front street line. Plagens, Stephen Stewart and Jeann (2) If appeal is not Reid Wilson, attorney for applicant than made a Howse voted aye. Motion passed. granted: (i) Request presentation on the question of Rotated Corner Jeann Howse made a motion to for a special lots. Overturn (reverse) the decision. exception to change Mr. Charles Van Buren, 3515 Pittsburgh asked Motion was 2nd by Stephen Stewart , the front street line about the disposition of the previous docketed Richard Wilson, Mark Pla ens, 3800 University Boulevard 0 West University Place, Texas 77005-2899 0 713066804441 0 www.westu.org Zoning Board of Adjustment Minutes September 20, 2007 Meeting 2 from Pittsburg Street item 05-10, which had expired. Correspondence Jason Powers, Stephen Stewart and to Mercer Street was received from residents at 6511 Mercer; Jeann Howse voted aye. Motion under Section 8-110 6444 Mercer; 6445 Mercer; 6502 Mercer. No passed. Appeal granted. of the Zoning one spoke in favor of or in opposition of the Ordinance, which request. Debbie Scarcella, Building Official also requires a gave the background and staff report as special width for the follows: street side yard (in Background The Appeal. The applicant's this case, along appeal concerns the status of the property at Pittsburg Street). (ii) 6505 Mercer as a "rotated corner" building site. Variance to reduce A rotated corner building site is a site on the the side yard width corner of two streets in the SF-1 District that along Pittsburg has had the front street line "rotated" from one Street. Suspension of street to another, usually as a result of the site the rules to change being divided. In this instance, the original plat the normal order of showed a building site fronting Mercer with a proceedings. Public street frontage of 100' and a lot depth (along hearing(s) regarding Pittsburgh) of 150'. At some point the site was the preceding divided, leaving the Pittsburgh side at a matters. Deliberation, dimension of 96'. Decisions, other For corner sites, the administrative official action, etc. regarding determines which street is the "front street line" the preceding based upon the following criteria: matters. 1. A special designation of the front street line made by the ZBA; 2. A clear indication of the appropriate front street line, based upon: Subdivision platting pattern, traffic and access, property size and shape, orientation of historic development, and compatibility with nearby sites and their uses. 3. For sites with SFR use; If one street line is substantially sorter than the others, otherwise, the front street line is the line that is most compatible with nearby sites and their uses. (emphasis added) Two years ago, in connection with Docket # 05-10, the administrative official determined that the front street line for this building site was along the "short" side (Pittsburgh), making it a rotated corner-building site. In Docket 05- 10, the ZBA granted a special exception and a variance. With certain conditions and restrictions, those decisions changed the front street line from Pittsburgh to Mercer and reduced the "new" street side yard depth (along Pittsburgh) from 20 feet to 10 feet. No one has applied fora permit under either Zoning Board of Adjustment Minutes September 20, 2007 Meeting 3 decision in Docket 05-10, and the time to apply for permits has expired. Both decisions are therefore subject to modification or reversal by the ZBA, without additional notice or hearing. Earlier this year, the current owner asked the ZBA for an extension of time to apply for permits under the special exception (but not under the variance). They proposed a building "footprint" inconsistent with the drawing attached to the variance decision from Docket 05-10. The ZBA did not grant the time extension, but did indicate that an application for a modification could be filed. The current owner then sought a formal decision by the administrative official about where the front street line is located. On August 20, 2007, the Administrative Official issued a formal decision as follows: Disregarding the special exception and variance granted in Docket 05-10, the front street line is determined to be the common boundary of the site and Pittsburgh Street. If the special exception and variance granted in Docket 05-10 are extended, the front street line is determined to be the common boundary of the site and Mercer Street; and: (i) the street side yard (along Pittsburgh) is 10 feet in depth, and (ii) other conditions apply. However, permits based on these decisions may not be granted unless the allotted time is extended by the ZBA, or the decisions are otherwise modified to allow such action. (Note: The owner/permittee has indicated that an application for a modification is being prepared.) Generally, the Zoning Ordinance does not regulate the location of front doors or mailing addresses. It does regulate the dimensions of yards, which heavily depend upon the location of the front street line and the site street line. Staff Response to the Appeal The applicant has firmly asserted, based upon the definition in Article 2 of the Zoning Ordinance for "front street line," that this building site is not a rotated corner. Therefore, the applicant contends that the front street line "naturally" falls along Mercer (which would mean that no special side and would be Zoning Board of Adjustment Minutes September 20, 2007 Meeting 4 required on Pittsburgh, and fences could be built up to the property line on Pittsburgh). Staff understands the reasoning behind this belief, but since the ZBA basically upheld the previous front-street-line determination of the Administrative Official (in Docket 05-10), staff should not change it; to do so would knock out the underpinning of the ZBA's decisions in Docket 05-10. The applicant intends to ask the ZBA to suspend its normal rules and hear evidence on the appeal and then immediately decide the appeal, before hearing evidence for the special exception and the variance. If the appeal is granted (to reverse the Administrative Official's decision), additional hearing and evidence for the special request and variance would not be necessary. 3 Docket No. 07-07, Andrew Sullo, property owner, 2803 Sunset Jeann Howse made a motion to Property at 2803 Boulevard presented the variance request. close the evidentiary portion of the Sunset Boulevard, Correspondence was received from Chuck hearing. Motion was 2„d by Stephen West University Guffey, 2809 Sunset in favor of the request and Stewart. Richard Wilson, Jason Place, Texas 77005 from Jan Jordan, 2803 Nottingham in Powers, Stephen Stewart and Jeann (Variance) opposition. No one spoke in favor of or Howse voted aye. Motion passed. Public hearing opposition to the request. Debbie Scarcella, After discussion, Jeann Howse regarding the Building Official gave the background and staff made a motion to grant the variance following matters: report as follows: request. Stephen Stewart seconded Garages. Applicant Background the motion. Richard Wilson, Jason requests a variance to Table 7-4a establishes the minimum and Powers, Stephen Stewart and Jeann allow a two car garage maximum criteria by which the required Howse voted aye. Motion passed. instead of the number of garage parking spaces per dwelling Variance granted. maximum allowed on unit are determined. Each dwelling unit is car garage based on allowed a maximum of one garage parking the total building site space per 2500 square feet of building site area. square footage. The building site at 2803 Sunset Blvd. contains Deliberation, 4725 square feet. Based on the building site decisions, other area, only 1 garage parking space is allowed for action, etc. regarding this dwelling unit. the preceding matters. The applicant applied for a building permit to construct a single-family residence at 2803 Sunset Blvd. The plans were not approved based on a double car garage and non- compliance with driveway dimensions and curb cuts. (Maximum driveway and curb cut widths are based on the number of garage spaces and Zoning Board of Adjustment Minutes September 20, 2007 Meeting 5 orientation of the garage on the building site). In order to facilitate the issuance of a building permit, the applicant revised the plans to comply with the regulations, but decided to pursue a variance request to allow two garage parking spaces. Staff Response Determining the historical reason for imposing a limit on garage sizes-particularly on sites smaller than 5,000 square feet--would require some extensive digging in the archives. However, it is clear that the limit does control the size of garage structures, which are usually accessory structures in single-family residential districts, where overcrowding, light and air can be problems. However, it is worth mentioning that there are very few single-family detached building sites smaller than 5,000 square feet. The applicant owns one of them. By limiting the number of garage spaces, the width of the driveway in some cases is also limited. A wider driveway (especially for a side loading garage on a corner site) might help deter parking in the adjacent street areas and reduce interference with public sidewalks. The Zoning and Planning Commission is working on a proposed amendment to this section of the zoning regulations to require at least two parking spaces per dwelling unit, plus one additional space between the garage and the street. The proposal would also impose a minimum garage size (10 x 20 feet per parking space). Although the applicant revised the original garage and driveway plans to comply with the regulations, a two-car garage is more practicable for a corner site, side-loading configuration. The driveway width is allowed to be wider, therefore accommodating more on- site parking area, and, in the two-car-family oriented society we live in, a one-car garage does not provide adequate enclosed parking. 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: The ZBA must make all findings and Zoning Board of Adjustment Minutes September 20, 2007 Meeting 6 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. The ZBA must make any additional findings and determinations required by a specific provision of this ordinance that relates to the variance. 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. If the Board grants a variance, the Board can attach conditions. In this type of case, the Board could consider conditions to mitigate the impact of a larger garage. Examples: Limiting the overall size or width of the garage space (but note that the ZPC proposal would impose a minimum garage size of 10 x 20 feet per parking space). Limiting the width of the driveway and curb cut. Limiting the variance to a specific structure, defined by a sketch (no non-conforming rebuilding allowed). Submission of revised garage and driveway plans within 30 days of the date of the decision. 4 Docket No. 07-08, Mark Plagens arrived at 7:52 for this agenda Jeann Howse made a motion to Property at 3757 item and Jason Powers recused himself from close the evidentiary portion of the Sunset Boulevard voting on this item. hearing. Motion was 2nd by Stephen Road, West Dr. David Sorley property owner, 3757 Sunset Stewart. Richard Wilson, Mark University Place, Boulevard and Jeremy McFarland, designer and Plagens, Stephen Stewart and Jeann Texas 77005 builder presented the variance request. Howse voted aye. Motion passed. (Variance) Correspondence was received from Chuck After discussion, Jearm Howse Public hearing Guffey, 2809 Sunset and Mary Lou Gullett, made a motion to grant the variance regarding the 3701 Albans in opposition of the request. No request. Stephen Stewart seconded following matters: correspondence was received in favor of the the motion. Richard Wilson, Mark Front Porch Height. request. No onespoke in favor of or opposition Pla ens, Stephen Stewart and Jeann Zoning Board of Adjustment Minutes September 20, 2007 Meeting 7 Applicant requests a to the request. Debbie Scarcella, Building Howse voted aye. Motion passed. variance to exceed the Official gave the background and staff report as Variance granted. maximum front yard follows: projection height of 25 Background feet. Deliberation, Table 7-6 establishes the parameters by which decisions, other certain structures or parts of structures may action, etc. regarding "project" into the minimum established yards the preceding matters. (setbacks). Generally, very few structures with a height of more than 6" are allowed in the required front yard. Note 1.2 to Table 7-6 allows front porches meeting certain requirements to project into the front yard. One of the requirements, Note (iv), requires that the maximum height of the projecting portion of the porch not exceed the depth of the required front yard. For the building site at 3757 Sunset, the required front yard depth is 25', so the maximum height of a projecting front porch is also 25'. The front porch is proposed to be approximately 32' in height. According to the evidence submitted to staff, the applicant began designing the proposed structure in February 2007. The applicant states that, at that time, the zoning regulations did not restrict projecting front porches to the depth of the front yard. Ordinance 1840 was adopted by City Council on April 23, 2007 and became effective May 12, 2007. This ordinance added a requirement limiting the height of projecting front porches to the depth of the required front yard. According to the final report of the Zoning & Planning Commission, the principal purpose of Ordinance No. 1840 was to impose a porch height limit "based on the size and scale of the site." Such a height limit, the report continued, should "help prevent overcrowding and help provide adequate light and air." The applicant applied for a permit on August 20, 2007. Staff spotted the problem with the porch height and issued a plan correction notice. Staff Response The applicant did invest time and effort into preparing a plan that complies with the regulations except for the height of the projecting porch. Section 12-102 of the zoning regulations recognizes that construction Zoning Board of Adjustment Minutes September 20, 2007 Meeting 8 projects inevitably will be at varying stages of completion during a zoning amendment process. It allows new or remodeled buildings to acquire Prior Nonconforming (PNC) status if they are built (or permitted) before the effective date of an ordinance amendment. Section 12- 102(c) even allows a principal building to acquire PNC status after the effective date of an amendment, if certain criteria are met. One of the criteria is completion of the plans and filing of the permit applications on or before the ninetieth day following the effective date of the amendment. The effective date of this particular amendment was May 12, 2007, and ninety days following was August 10, 2007. Since the applicant did not file the permit application until August 20, 2007, this project did not meet all of the required criteria to acquire PNC status under Section 12-102(c). Staff believes, based on the evidence seen, that substantial progress had been made in the design of the structure and had the applicant been aware of the effective date of the amendment and the time limits on acquiring PNC status, the applicant would have taken action to comply. The ZBA has general 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: 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. The ZBA must make any additional findings and determinations required by a specific provision of this ordinance that relates to the variance. 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 resent Zoning Board of Adjustment Minutes September 20, 2007 Meeting 9 evidence to the Board to support each finding and determination required for the issuance of a variance. If the Board grants a variance, the Board can attach conditions. In this type of case, the Board could consider conditions to mitigate the impact of a higher porch. Examples: Limiting the overall height of the porch-- or parts of the porch--that may exceed 25 feet. Limiting the width or depth of the porch, or the parts that may exceed 25 feet. Minutes. Jeann Howse made a motion to approve the minutes from the July 19, 2007 meeting as written. Motion was 2°d by Stephen Stewart. Richard Wilson, Mark Plagens, Stephen Stewart and Jeann Howse voted aye. Jason Powers abstained. Motion passed. Minutes approved. Adjournment. Jeann Howse made a motion to adjourn the meeting. Motion was 2nd by Stephen Stewart. Richard Wilson, Mark Plagens, Jason Powers, Stephen Stewart and Jeann Howse voted aye. Motion passed. The meeting was adjourned at 9:00 .m. PASSED THIS DAY O~J Richard Wils n residing Officer ATTEST. Sal y A. Clar , lanning Assistant