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2 Docket No. 08-03, This application was withdrawn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