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HomeMy WebLinkAbout06192008 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 June 19, 2008 6:30 p.m. I• MEMBERS Richard Wilson (voting), Mark Plagens (voting), Steven Segal PRESENT: (voting), Jeann Howse (voting), and Stephen Stewart (voting) II. MEMBERS ABSENT: Frank Vargas, Jr., Jason Powers, Mark Gandy 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 2nd by Steven Segal. Richard posted as required by city and state law. Wilson, Mark Plagens, Steven Swearing in of witnesses. Segal, Jeann Howse, and Stephen Stewart voted aye. Motion passed. Richard Wilson administered the oath to all witnesses. 2 Docket No. 08-03, This application was withdrawn regarding property from the docket prior to the meeting at 6118 Buffalo and no action was taken. Speedway, West University Place, Texas 77005, (Special Exception and/or Variance) Public hearing regarding the following matters: Dead End or Stub Driveway or Parking Space. Applicant requests a special exception and/or variance to allow a stub or dead end driveway in a front 3800 University Boulevard • West University Place, Texas 77005-2899 0 713066804441 0 www.westu.org Zoning Board of Adjustment Minutes June 19, 2008 Meeting 2 yard. Deliberation, decisions, other action, etc. regarding the preceding matters. 3 Docket No. 08-04, Phillip and Susan Exnicious, property owner of Steven Segal made a motion to regarding property 2701 Arbuckle gave an overview of the request. suspend the rules and hear the at 2701 Arbuckle After suspension of the rules Philip and Susan appeal and deliberate on the Street, West Exnicious gave a presentation on the appeal of appeal first. Motion was 2°d by University Place, the administrative decision. No Jeann Howse. Richard Wilson, Texas 77005, correspondence was received in favor of or in Mark Plagens, Steven Segal, Jeann including: (1) Appeal opposition of the appeal. No one spoke in Howse, and Stephen Stewart voted of administrative favor of or opposition to the appeal. aye. Motion passed. decision regarding Debbie Scarcella gave the background and staff Steven Segal made a motion to determination that the report on the appeal as follows: close the evidentiary portion of the trellis in side yard, is a Background Information hearing. Motion was 2nd by structure (2) If appeal The Appeal. The applicant's appeal concerns Jeann Howse. Richard Wilson, is not granted, request the definition of a structure as contained in Mark Plagens, Steven Segal, Jeann for a variance to allow Article 2 of the zoning regulations. The Howse, and Stephen Stewart voted the trellis to encroach applicant constructed a trellis in the side yard of aye. Motion passed. into the side yard the property located at 2701 Arbuckle. The Steven Segal made a motion to (setback) 5.5 feet. property is 55.1' wide; therefore the regulated deny the appeal and uphold the Suspension of the side yard (setback) is 5.51'. No permit was decision of the Administrative rules to change the obtained for the trellis and it was installed after Official. Motion was 2nd by normal order of final occupancy of the new structure. The Mark Plagens. Richard Wilson, proceedings. Public trellis is made out of steel sections that fit Mark Plagens, Steven Segal, Jeann hearing(s) regarding together to span over the side yard. The lowest Howse, and Stephen Stewart voted the preceding matters. elevation of the trellis is at the fence height of aye. Motion passed. Appeal Deliberation, eight feet. The trellis rests against the wall of denied. decisions, other the residence and its posts are approximately Jeann Howse made a motion to action, etc. regarding 18" into the ground. close the evidentiary portion of the the preceding matters. Staff Response to the Appeal hearing. Motion was 2nd by The applicant has firmly asserted, based upon Mark Plagens. Richard Wilson, the definition in Article 2 of the Zoning Mark Plagens, Steven Segal, Jeann Ordinance the trellis is not a structure. Article Howse, and Stephen Stewart voted 2 defines a structure as anything made by aye. Motion passed. humans which: (i) is not readily portable, (ii) is Stephen Stewart made a motion to usually left in one location for an indefinite deny the request for a variance to period of time; or (iii) requires either allow a trellis to encroach into the permanent or fixed location on or in the ground side yard (setback) 5.5 feet. Motion or attachment to something having a permanent was 2°d by Steven Segal. Richard or fixed location on or in the ground for its use. Wilson, Mark Plagens, Steven The Administrative Official believes that the Segal, Jeann Howse, and Stephen structure may be readily portable in its current Stewart voted aye. Motion passed. state without any greenery or vegetation Variance denied. growing on it. However, once the greenery or vegetation begins to grow and attach to the trellis it will lose some of its ability to be "readily portable". The trellis will be left in Zoning Board of Adjustment Minutes June 19, 2008 Meeting 3 one location for an indefinite period of time. The trellis requires permanent or fixed location on the ground for its use by virtue of the posts being 18" into the ground. The posts are what give the trellis its stability and allow it to rest against the primary structure. The Administrative Official determined the trellis to fit the definition of a structure, thus the trellis is subject to the side yard (setback) requirements established in Table 7-2, or 5.51' (10% of the lot width). Philip and Susan Exnicious gave a presentation on the variance request. No correspondence was received in favor of or in opposition of the variance request. No one spoke in favor of or opposition to the variance request. Debbie Scarcella, Building Official gave the background and staff report as follows: The Variance Request - Background The applicant requests a variance to allow the trellis to project into the side yard (setback) 5.5'. The purpose for the trellis is to provide a natural canopy to protect a side yard exit from the sun. The zoning regulations establish side yards in order to create space between structures thereby ensuring adequate light and ventilation, pervious area for drainage purposes, and access from front and rear yards. Although in its present condition, the trellis does not hinder those functions of a yard, once greenery and vegetation grows, those functions may be lost. Staff Response Variance Request 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 Zoning Board of Adjustment Minutes June19, 2008 Meeting 4 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 loss of access, adequate light and ventilation, and drainage. 4 Docket No. 08-05, Dave Marmon, property owner of 2708 Jeann Howse made a motion to regarding property Pemberton gave a presentation of the request. close the evidentiary portion of the at 2708 Pemberton, No correspondence was received in favor of or hearing. Motion was 2nd by West University in opposition of the appeal. No one spoke in Mark Plagens. Richard Wilson, Place, Texas 77005, favor of or opposition to the appeal. Mark Plagens, Steven Segal, Jeann (Variance) Debbie Scarcella gave the background and Howse, and Stephen Stewart voted Public hearing staff report as follows: aye. Motion passed. regarding the Background Information Steven Segal made a motion to following matters: The applicant is preparing to install a deny the variance to allow 1.5 feet Projections Schedule. swimming pool at his residence located at 2708 of 18" x 18" retaining wall attached Applicant requests a Pemberton Drive. The proposed pool includes to pool wall to be located in side of variance to allow 1.5 an 18" high feature wall with waterfalls that east side yard 7.5'. Motion was feet of 18" x18" dump water back in to the pool on the east side. 2°d by Stephen Stewart. Richard retaining wall attached This feature wall runs parallel with the side Wilson, Steven Segal, Jeann to pool wall to be property line and extends beyond the south wall Howse, and Stephen Stewart voted located in side of east of the pool, becoming a seat wall up to the rear aye. Mark Plagens abstained. side yard 7.5' five foot easement line. Table 7-2 of the Motion passed. Variance denied. Deliberation, zoning regulations establishes side yard decisions, other setbacks equal to 10% of the lot width, or for action, etc. regarding this building site, 7.5'. Chapter 18 allows the the preceding matters. outside wall of the pool to be no closer than five feet to a property line. The applicant proposes to place the inside wall of the pool (water line) at the regulated side yard (7.5'), thereby requesting a variance to allow the "seat wall" extension of the pool to encroach 1.5' into the side yard (setback). Table 7-6, Projection schedule, does not allow structures above 6" in height to project into a side yard. The seat wall portion of the proposed pool will be 18" in height. The applicant is stating that Zoning Board of Adjustment Minutes June19, 2008 Meeting 5 he has a hardship created by the ordinance provisions, because if the outside wall of the seat wall stays within the 7.5' side yard requirement, adequate walkway area around the pool (on the west side) will not be possible. Chapter 18 regulations regarding swimming pools only require a 3' wide walk way around 70% of the pool perimeter. Staff believes that this requirement can be met and still meet the side yard requirement. Staff Response 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 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. 5 Minutes. The approval of the April 17, 2008 minutes will be postponed until the next meeting. Adjournment. Steven Segal made a motion to adjourn the meeting. Motion was 2nd by Richard Wilson. Richard Wilson, Mark Plagens, Steven Segal, Jeann Howse, and Stephen Stewart voted aye. Motion passed. The meeting Zoning Board of Adjustment Minutes June 19, 2008 Meeting 6 was adjourned at 8:00 .m. PASSED THIS DAY OF 008. l Richard Wilson, resi ing Officer ATTEST- Sallye A. Clar, Planning Assistant