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