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HomeMy WebLinkAbout02212008 ZBA Minutes OLM) 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 21, 2008 6:30 p.m. I. MEMBERS Richard Wilson (voting), Mark Gandy (voting), Steven Segal PRESENT: (voting), Jeann Howse (voting), and Frank Vargas, Jr. (voting) II. MEMBERS ABSENT: Stephen Stewart, Jason Powers, Mark Plagens and Les Albin III. STAFF PRESENT: Debbie Scarcella, City Planner, James Dougherty, Jr., City Legal Counsel and Sallye Clark, Planning Assistant IV. CALL TO ORDER: 6:30 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. 6:30 p.m. Richard Wilson asked all members all notices were properly posted and Notices, Rules, Etc. and staff to introduce themselves. Sallye Clark, distributed for this meeting. Motion Planning Assistant stated all notices were was 2"d by Frank Vargas, Jr. posted as required by city and state law. Richard Wilson, Mark Gandy, Swearing in of witnesses. Steven Segal, Jeann Howse, and Frank Vargas, Jr. voted aye. Motion passed. Richard Wilson administered the oath to all witnesses. 2 Docket No. 08-01, Mike Lothringer, Bardwell Builders, Jeann Howse made a motion to regarding property representative for applicant gave an overview close the evidentiary portion of the at 3304 Nottingham of the request. hearing. Motion was 2" a by Street, West No correspondence was received in favor of or Stephen Stewart. Richard Wilson, University Place, in opposition of the request. No one spoke in Mark Gandy, Steven Segal, Jeann Texas 77005, favor of or in opposition of the request. Debbie Howse, and Frank Vargas, Jr. voted including: Public Scarcella, Building Official gave the aye. Motion passed. hearing regarding the background and staff report as follows: Stephen Stewart made a motion to following matters: Background grant the Special Exception with Additional curb cuts. The applicant applied for a permit to modifications. Motion was 2"d by Applicant requests a construct a new single family dwelling at Jeann Howse. Mark Gandy, Steven special exception to 3304 Nottingham Street. This building site is Segal, Jeann Howse, and Frank allow one additional one hundred feet (100') wide and one hundred Vargas, Jr. voted aye. Richard curb cut on the side and fifty feet (150') deep. The lot sits at the Wilson voted nay. Motion street side of the northwest corner of Nottingham and Rutgers. passed. Special Exception granted. property (Rutgers During the plan review process, it was noted Avenue). that the proposed driveway configuration did Deliberation, not meet the zoning regulations. The 3800 University Boulevard 0 West University Place, Texas 77005-2899 • 713066804441 0 www.westu.org Zoning Board of Adjustment Minutes February 21, 2008 Meeting 2 Decisions, other applicant's plans proposed a side loading 3 action, etc. regarding bay garage structure with driveway and the preceding approach from the Rutgers Street side of the matters. building site. An additional curb cut and driveway along the side yard area of the site (Rutgers Street side) was also proposed. The second driveway is shown connecting to the driveway leading to the garage and is contained in the side yard area. The driveway serving the 3 bay garage structure is thirty feet (30') wide with an additional 4' wide apron at the curb. The second driveway is eleven feet (11') wide in the side yard with a fourteen- foot (14') apron at the curb. This driveway is approximately eighty-five feet from the three- car driveway and forty feet (40') from the intersection of Nottingham and Rutgers. The second driveway will serve a porte-a-cochere attached to the side of the residence. Staff Response The applicant is seeking the special exception for an additional curb cut in order to constrict what is basically a circular drive in the side yard area of the building site. Table 7-5a limits the maximum number of curb cuts to "one per subdivided lot abutting the street." Note 5 of Table 7-5a authorizes the ZBA to issue special exceptions for additional curb cuts. In this case, both proposed driveways meet the maximum pavement width allowed per Table 7-5a, and both proposed curb cuts meet the width restriction (which is the maximum driveway width plus four feet). Table 7-6, "Projections" generally allows driveways in the side yard (if less than six inches in height). Note 5 of Table 7-5a refers to other ordinances, which can sometimes allow more than one curb cut. Section 70-27 of the Code of Ordinances allows two curb cuts on a wide lot with a circular driveway, and it limits the location and size. Staff believes that Section 70-27 only applies to curb cuts in the front, so it would not apply to the curb cuts in this case, which are on the side. The applicant modified the proposed plans in order to facilitate and complete the permit process, pending the outcome of this hearing. Zoning Board of Adjustment Minutes February 21, 2008 Meeting 3 Table 7-5a, Note 5 of the Zoning Ordinance gives the ZBA authority to grant a special exception for additional curb cuts. The ZBA must find that the request is in harmony with the general purpose and intent of the Zoning Ordinance and that the request will not cause any significant increase in on-street parking or traffic, traffic congestion, or an unreasonable burden upon public utilities or services. The burden is on the applicant to present evidence to the Board to support each finding and determination required for the issuance of this special exception. If the Board grants the special exception, the Board can attach conditions. Note: Staff believes that the additional curb cut and subsequent driveway will help facilitate on- site parking and allow vehicular traffic to enter and exit the building site without backing into the road way. 3 Minutes. Jeann Howse made a motion to approve the minutes from the September 20, 2007 meeting as written. Motion was 2nd by Mark Gandy. Richard Wilson, Mark Gandy, Steven Segal, Jeann Howse, and Frank Vargas, Jr. voted aye. Motion passed. Minutes approved. Adjournment. Jeann Howse made a motion to adjourn the meeting. Motion was 2'd by Frank Vargas, Jr. Richard Wilson, Mark Gandy, Steven Segal, Jeann Howse, and Frank Vargas, Jr. voted aye. Motion passed. The meeting was adjourned at 7:25 .m. PASSED THIS I+h DAY OF 2008. W ichard Wilso Pr siding Officer Q ATTEST: Sallye A. Clark, Warming Assistant