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HomeMy WebLinkAbout04172008 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 April 17, 2008 6:30 p.m. I• MEMBERS Steven Segal (voting), Jeann Howse (voting), Jason Powers PRESENT: (voting), Frank Vargas, Jr. (voting), Mark Plagens (voting) and Stephen Stewart II. MEMBERS ABSENT: Richard Wilson, Mark Gandy, and Les Albin 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 Frank Vargas, Jr. called the meeting to order at Jeann Howse moved to accept that order and Protocol. 6:30 p.m. Frank Vargas, Jr. 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 Steven Segal. Steven posted as required by city and state law. Segal, Jeann Howse, Jason Powers, Swearing in of witnesses. Frank Vargas, Jr. and Mark Plagens voted aye. Motion passed. Frank Vargas, Jr. administered the oath to all witnesses. 2 Docket No. 08-02, Charles Kuck, property owner who currently Jeann Howse made a motion to regarding property resides at 6647 Rutgers and owner of classic close the evidentiary portion of the at 6622 Buffalo American Homes gave an overview of the hearing. Motion was 2nd by Speedway, West request. No correspondence was received in Jason Powers. Steven Segal, Jeann University Place, favor of or in opposition of the request. Bill Howse, Jason Powers, Frank Texas 77005, Moore, 6630 Buffalo Speedway (presented a Vargas, Jr. and Mark Plagens voted including: Public letter); Andrea Spearing, 6617 Buffalo aye. Motion passed. hearing regarding the Speedway; Frances Jue, 6616 Buffalo Steven Segal made a motion to following matters: Speedway; Monique Weston, 6621 Buffalo suspend the rules to hear comments Driveway Width in Speedway and Marjorie Moore, 6630 Buffalo about the current proposal. Motion Front Yard. Applicant Speedway all spoke in opposition of the was 2nd by Jeann Howse. Steven requests a special request. No one spoke in favor of the request. Segal, Jeann Howse, Jason Powers, exception to allow the Debbie Scarcella, Building Official gave the Frank Vargas, Jr. and Mark Plagens driveway in the front background and staff report as follows: voted aye. Motion passed. yard serving a rear Background Information Steven Segal made a motion to garage to be wider The applicant applied for a permit to construct grant the special exception than twelve feet. a new single family dwelling at 6622 Buffalo for a driveway in a front yard Deliberation, Speedway. This interior building site is one serving a rear garage to exceed 3800 University Boulevard • West University Place, Texas 77005-2899 0 713066804441 0 www.westu.org Zoning Board of Adjustment Minutes April 17, 2008 Meeting 2 Decisions, other hundred feet (100') wide and one hundred and twelve feet, but only if the action, etc. regarding fifty feet (150') deep. During the plan review driveway routing and widths the preceding matters. process, it was noted that the proposed conform substantially to the areas driveway configuration did not meet the zoning indicated by heavy black lines in regulations. The applicant's plans proposed a the drawing, reasonable efforts are conforming circular driveway and approach made to preserve the existing tree from Buffalo Speedway. An additional near the southern end of the street driveway along the side yard area of the site area (indicated in the drawing), and connects the circular driveway to a garage the pavement does not cover the located in the rear yard. The measurement of small triangular area just behind driveway "width" is stipulated in Note 1 to the front yard (setback) line at the Table 7-5a as the "maximum width of northern side lot line (indicated pavement in a front yard or street area, approximately in the drawing). excluding complying curb cut aprons". The Motion was 2nd by Jeann Howse. proposed width of the driveway is 17' Steven Segal, Jeann Howse, Jason measured parallel to the front yard (setback) Powers, Frank Vargas, Jr. and line and approximately 26' measured at the Mark Plagens voted aye. Motion flare where the circular driveway and the rear passed. Special Exception granted. driveway meet. Staff Response The applicant is seeking the special exception to exceed the maximum allowable driveway width in a front yard (setback) serving a rear located garage. Table 7-5a contains specific dimensions for maximum driveway widths. The maximum driveway width is 12' for a driveway serving a rear located garage. The zoning regulations do not prohibit circular driveways if in compliance with the provisions of Chapter 70. The driveway also services a porte a cochere located behind the front yard line. The applicant believes the additional width is needed to transition the driveway maneuvering area so that a vehicle may safely go around the porte a cochere. The applicant modified the proposed plans in order to facilitate and complete the permit process, pending the outcome of this hearing. Staff Recommendation Table 7-5a, Note 7 of the Zoning Ordinance gives the ZBA authority to grant a special exception for "a parking area, garage or driveway (or other maneuvering area) in another location or with a different design than prescribed by this ordinance." However, at least one of the following findings is required to support such a special exception: "(i) the other location or design will not unreasonably Zoning Board of Adjustment Minutes April 17, 2008 Meeting 3 interfere with available light and air and will not significantly alter access for fire-fighting and similar needs; (ii) the other location or design will prevent the destruction of a qualified tree; (iii) in the case of the remodeling of a principal building, the location requested is the same location as an existing parking area, garage or driveway; or (iv) the location or design requested is necessary for safety considerations. In addition, 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. 3 Variances and James Dougherty, City Attorney went over the No action was necessary or taken special exceptions. Variance and Special Exception amendements on this item. Matters relating to and ZBA discussed. variances and special exceptions, including: (i) basic concepts, (ii) recent court decisions, (iii) possible amendment of the Zoning Ordinance to add criteria and limitations and (iv) related matters. 4 Minutes. Jeann Howse made a motion to approve the minutes from the February 21, 2008 meeting as written. Motion was 2nd by Steven Segal. Steven Segal, Jeann Howse, Jason Powers, Frank Vargas, Jr. and Mark Plagens voted aye. Motion passed. Minutes Zoning Board of Adjustment Minutes April 17, 2008 Meeting 4 approved. Adjournment. Steven Segal made a motion to adjourn the meeting. Motion was 2nd by Jason Powers. Steven Segal, Jeann Howse, Jason Powers, Frank Vargas, Jr. and Mark Plagens voted aye. Motion passed. The meeting was adjourned at 8:30 .m. PASSED THIS DAY OF 08. Frank Vargas, Jr., Vice- P Sidi Ofd ATTEST: Sallye A. Clar , lanning Assistant