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HomeMy WebLinkAbout10162008 ZBA Minutes (LMN 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 October 16, 2008 6:30 p.m. I. MEMBERS Richard Wilson (voting), Jason Powers (voting), Steven Segal PRESENT: (voting), Frank Vargas, Jr. (voting), and Stephen Stewart (voting) II. MEMBERS ABSENT: Jeann Howse, Mark Plagens, Marls 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: 6:31 p.m. Agenda Item Discussion Action 1 Call the meeting to Richard Wilson called the meeting to order at Jason Powers moved to accept that order and Protocol. 6:30 p.m. Richard Wilson asked all members all notices were properly posted Notices, Rules, Etc. and staff to introduce themselves. Sallye Clark, and distributed for this meeting. Planning Assistant stated all notices were Motion was 2" d by Steven Segal. posted as required by city and state law. Richard Wilson, Jason Powers, Swearing in of witnesses. Steven Segal, Frank Vargas, Jr., and Stephen Stewart voted aye. Motion passed. Richard Wilson administered the oath to all witnesses. Steven Segal made a motion to suspend the rules and hear each matter then close the evidenntiary portion of the hearing and deliberate on this item. Motion was 2nd by Stephen Stewart. Richard Wilson, Jason Powers, Steven Segal and Stephen Stewart voted aye. Frank Vargas, Jr., voted nay. Motion passed. Rules suspended. 2 Docket No. 06-08, Mike Perkins, property owner 3116 Rice Blvd Steven Segal made a motion to Property at 3116 gave presentation of request for extension of close the evidentiary portion of the Rice Blvd., West time. No correspondence was received in favor hearing. Motion was 2"d by University Place, of or in opposition of the time extension Stephen Stewart. Richard Wilson, Texas 77005 (Time request. No one spoke in favor of or Jason Powers, Steven Segal, Frank j Extension Request opposition to the time extension request. Vargas, Jr., and Stephen Stewart Onl Debbie Scarcella gave the background and staff voted aye. Motion passed. Steven 3800 University Boulevard • West University Place, Texas 77005-2899 0 713066804441 0 www.westu.org Zoning Board of Adjustment Minutes October 16, 2008 Meeting 2 Time Extension Background Information Grant the time extension as Request regarding the The applicant in Docket 06-08, 3116 Rice requested. Motion was 2',d by following matters: Blvd., requested a variance to the Zoning Stephen Stewart. Richard Wilson, Yards or Setbacks. Ordinance regarding Table 7-2, entitled "Yards Jason Powers, Steven Segal, Frank Applicant requests a (or setbacks)". Table 7-2 establishes the yards Vargas, Jr., and Stephen Stewart time extension to or setbacks required for each building site voted aye. Motion passed. Time complete the project based on lot depth and width. Generally in SF extension granted. relating to Docket 06- districts, there must be an interior side yard of 08 (variance granted 10% of the building site width or five feet, 11/16/06). Time whichever is greater. The applicant planned an extension is requested addition to the residence that extended the for a period of time structure toward the side property line. The not to exceed four addition would include a Porte a cochere with months. Deliberation, living space above. The width of the lot is 75', decisions, other so a 7.5' side yard setback was required. The action, etc. regarding applicant requested a variance to allow the side the preceding matters. setback to be reduced to five feet on the interior side yard in order to protect a red oak tree located in the middle of the lot. The ZBA granted a variance on November 16, 2006 in Docket 06-08 to allow the structure to be built five feet (instead of 7.5 feet) from the side property line provided that the buildings and driveway (both existing and proposed) do not exceed the sizes and locations shown on the attached exhibits A, B & C. The decision was signed and filed in the Board's office on December 7, 2006. The decision was also recorded in the real property records of Harris County on December 12, 2006. The decision states that "all permits required for the work contemplated by this decision must be applied for on or before the 90`x' day following the effective date of this decision, and such work must be completed in accordance with such permits on or before the second anniversary of the date of the decision." Request The applicant submitted documentation for the permit application on March 7, 2007. The permit was issued on June 6, 2008. These dates are within the time frames required by the decision. Due to several issues and setbacks, however, the work will not be completed by the second anniversary of the decision (November 16, 2008). Per the ZBA rules of procedure, and conditions of the decision, any extension of time is prohibited to be granted without Zoning Board of Adjustment Minutes October 16, 2008 Meeting 3 authorization from the board. Additional notice or hearing is not required to grant a time extension to complete the work. The applicant has attached a written project schedule which outlines a plan of completion by the end of February 2009. In order to accommodate possible weather delays, the applicant is requesting an extension not to exceed 4 months, or through March 16, 2009, to complete the permitted work. 3 Docket No. 08-07, Jim Bayne, Investar Real Estate, management Frank Vargas, Jr. made a motion regarding property company for the Kirby Shopping Center; Said to close the evidentiary portion of at 5802 Kirby, West Alhaj, franchise owner of Wok on Wheels in the hearing. Motion was 2'6 by University Place, San Antonio Texas gave a presentation of the Stephen Stewart. Richard Wilson, Texas 77005, variance request. Jason Powers, Steven Segal, Frank (Variance) Correspondence was received from Robert Vargas, Jr., and Stephen Stewart Public hearing Reid, 5815 Lake Street in opposition of the voted aye. Motion passed. regarding the variance request. No correspondence was Jason Powers made a motion to following matters: Off received in favor of the request. No one grant the variance to allow the use Street Parking. spoke in favor of or opposition to the appeal. of a restaurant without requiring Applicant requests a Debbie Scarcella gave the background and staff additional parking spaces for a variance to allow the report on the appeal as follows: food service use in a shopping use of a restaurant Backuround Information center with the conditions: no without requiring The applicant's property is located between eating in any publicly accessible additional parking Tangley Road and Plumb Street fronting on the areas and no tables or equipment spaces for a food west side of Kirby Road. The site is located in for dine in eating in the publicly service use in a a townhouse district (PDD-TH2), but may have accessible areas. Motion was 2' shopping center. The prior nonconforming (PNC) status as a retail by Steven Segal. Richard Wilson, proposed tenant is center. (The applicant's narrative indicates that Jason Powers, Steven Segal and Wok on Wheels, a the site has been a retail center since 1958.) Stephen Stewart voted aye. Frank 2,000 square foot The center contains 9,270 square feet and Vargas, Jr. voted nay. Motion Chinese takeout and currently is home to Papa John's Pizza, passed Variance granted. delivery restaurant. Kolache Factory, Creative Blinds, Radio Shack There will be no dine- and an Alteration Shop. There is a vacant unit in service available at (formerly a print shop) containing about 2,000 this location. square feet. Applicant proposes to lease it for a Deliberation, food service operation to be called "Wok on decisions, other Wheels," a Chinese style takeout and delivery action, etc. regarding establishment. The establishment will not the preceding matters. provide any dine-in seating, only providing a small space to wait for pick up orders. The retail center currently provides 16 regular and one accessible parking space (17 total). Parking requirements were increased in 1987. Under the base ratio for shopping centers, 38 spaces are required. Additional spaces are required for food service space, which would Zoning Board of Adjustment Minutes October 16, 2008 Meeting 4 require 30 additional spaces for the two existing food establishments, making the existing requirement 68 spaces. If the Wok on Wheels is added, the requirement would go up by 20 spaces, for a total of 88 required spaces. Possibly, the applicant can demonstrate that the center acquired prior non-conforming status (for lack of sufficient parking) under Section 12-102 of the Zoning Ordinance---and has not lost it under Section 12-103. Normally, adding food service space (like the Wok on Wheels) to a retail center without adding any parking would increase the degree of non-conformance, and PNC status would be lost. However, there is a special rule that may apply in this particular situation. Section 12- 103(e) (3) provides: If the PNC item is a shortage in off-street parking spaces serving a building, PNC status is not lost by a change in the building if the increase in the number of required spaces resulting from the change is provided, on an incremental basis. Adding just the incremental spaces under this special rile would mean that the total requirement for the center would be 20 spaces (the increment caused by the Wok on Wheels) plus whatever base number may have PNC status. The applicant will have to demonstrate what that base number should be, based on the rules in Article 12 of the Zoning Ordinance. The applicant proposes that the take-out and delivery aspect of the restaurant will minimize the number of customer visits to the site. The applicant believes that this type of restaurant business will not generate significantly more traffic than other general retail outlets. A copy of a weekly sales log of the same business in another location has been provided with details of the number of orders and the percentage of walls-in, take-out and delivery orders. Staff Response Staff believes that the ZBA has general authority to issue a variance reducing the number of required parking spaces. The burden is on the applicant to present sufficient evidence to support each required finding, determination and code requirement. In order Zoning Board of Adjustment Minutes October 16, 2008 Meeting 5 to issue a variance, the following circumstances must be present: • The ZBA has made all findings and determinations required by state law for the granting of a variance. • The ZBA has made any additional findings and determinations required by specific provision of this ordinance which relates to the variance. • The variance has been reduced to writing and includes any conditions prescribed by the ZBA or required by ordinance for the variance in question. Under the Local Government Code, the following findings and determinations must be made to support any variance: • The variance is not contrary to the public interest; and, • Due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship; and, • The spirit of the ordinance is observed and substantial justice is done. As discussed above, the applicant will have to demonstrate the number of spaces that may have PNC status, in this particular case. The Board may also consider attaching conditions. A decision to grant a variance, for example, could logically include conditions to prevent "overflow" parking, e.g.: (1) restrictions on the operations of the new retail unit; and (2) limits on the hours of operation of all the retail units in the center. 4 Docket No. 08-08, Matt Rowland, property owner of 5708 Buffalo Frank Vargas made a motion to regarding property Speedway gave a presentation of the request. close the evidentiary portion of the at 5708 Buffalo No correspondence was received in favor of or hearing. Motion was 2°d by Speedway, West in opposition of the appeal. No one spoke in Jason Powers. Richard Wilson, University Place, favor of or opposition to the appeal. Jason Powers, Steven Segal, Frank Texas 77005, Debbie Scarcella gave the background and Vargas, Jr., and Stephen Stewart (Special Exception) staff report as follows: voted aye. Motion passed. Public hearing Background Information Steven Segal made amotion to regarding the The applicant's property is located between postpone this request and following matters: Tangley Road and Robinhood Street fronting instruct staff to bring this issue to Zoning Board of Adjustment Minutes October 16, 2008 Meeting 6 Dead End or Stub on the west side of Buffalo Speedway. The the attention of the Zoning and Driveway or Parking traffic flow is controlled by stop lights two Planning Commission at their next Space. Applicant blocks north at Sunset Boulevard and three meeting to determine if requests a special blocks south at Rice Boulevard. The the status of Buffalo Speedway as a exception to allow a applicant's property is 50' wide and 98.5' deep. heavily traversed boulevard stub or dead end The property is not wide enough to allow a warrants a possible zoning driveway in the front circular drive in the front yard. The applicant regulation amendment in regards to yard as an alternate feels that backing out (into Buffalo Speedway) the driveway and maneuvering area design for creates a difficult and unsafe situation. The provisions. Motion was 2°d by maneuvering area. driveway is 10' wide with the garage located in Richard Wilson. Richard Wilson, Deliberation, the rear portion of the lot, so there is not Jason Powers, Steven Segal and decisions, other enough rear maneuvering area to turn a vehicle Stephen Stewart voted aye. Frank action, etc. regarding to enter Buffalo Speedway headfirst. Vargas, Jr. voted nay. Motion the preceding matters. Additionally, visitors must either park in the passed. driveway or on a side street since parking in the sheet on Buffalo Speedway is difficult because of the volume of traffic at certain times of the day. The applicant proposes to construct an additional maneuvering area ("stub" or "dead end" driveway) in the front yard, to allow vehicles to tuns around and enter Buffalo Speedway headfirst. The applicant proposes a 15' x 13'2" area paved with concrete, crushed granite, and/or grass pavers strong enough to support vehicular traffic. The applicant further plans to plant shrubbery around the "stub" or "dead end" driveway to screen it from public view. No trees will be affected since the area is currently grass-covered. Staff Response Driveway and parking regulations are found in Table 7-5a of the Zoning Ordinance. . Table 7-5a refers to Article 10 for "other" requirements not specified in Table 7-5a. Section 10-103 provides: In an SF District, all parking areas and maneuvering areas (including dead-end or stub driveways) must be behind the principal building or surrounded by opaque fences or walls at least six feet in height, and all such areas are prohibited in front yards. However, Table 7-5a, Note 7 provides:, The ZBA may issue 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, if it finds that: (i) the other location Zoning Board of Adjustment Minutes October 16, 2008 Meeting 7 or design will not unreasonably 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. Therefore, in this case the ZBA has the authority to grant a special exception for additional maneuvering area in the front yard if it finds that: The location or design will not unreasonably interfere with available light and air and will not significantly alter access for fire-fighting and similar needs; (1) The location or design will prevent the destruction of a qualified tree; (2) [ ] or (3) The location or design requested is necessary for safety consideration. Section 11-02, Findings, Subsection (b), Special Exceptions, further requires that the ZBA consider the following circumstances and find them all to be present: (1) The proposed special exception will not cause any significant increase in on-street parking, will not cause any substantial traffic congestion, will not cause any substantial increase in traffic or an unreasonable burden upon utility systems or upon any other public facility or public service. (2) The proposed special exception will be in harmony with the general purpose and intent of this Zoning Board of Adjustment Minutes October 16, 2008 Meeting 8 ordinance. (3) The ZBA has made any additional findings and detenninations required by a specific provision of this ordinance (as specified in Note 7 of Table 7-5a). (4) The special exception has been reduced to writing and includes any conditions prescribed by the ZBA or required by this ordinance for the special exception 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 special exception. If the Board grants a special exception, the Board may want to consider attaching conditions similar to the following: • Limit the amount of maneuvering area to what is required for a standard sized parking space (9' x 18') or just enough space to adequately turn a vehicle around. • Specify the type of material to be used in creating the maneuvering area (pervious only, for example). • Require adequate screening by shrubbery or other plantings to be maintained at all times 5 Docket No. 08-06, Jack Ballard and Fred Russell, church Steven Segal made a motion to regarding property representatives; Jeff Smith, minister and close the evidentiary portion of the at 5308 Buffalo property owner of 2931 Plumb and Jack Duran, hearing. Motion was 211a by Speedway and 3303 architect of Turner Partners Architects, gave Stephen Stewart. Richard Wilson, Bissonnet, West presentation of the request. No correspondence Jason Powers, Steven Segal, Frank University Place, was received in favor of or in opposition of the Vargas, Jr., and Stephen Stewart Texas 77005, request. No one spoke in favor of or voted aye. Motion passed. (Special Exception) opposition to the request. Steven Segal made a motion to Public hearing Mark and Carol Dulworth, 5315 Westchester grant the Special exception to regarding the only had a question as to whether the two authorize additional uses and following matters: homes that were owned by the church were a structures on the described site Uses. Applicant part of the request. (gathering hall, colonnade, Sunday- requests a special Debbie Scarcella gave the background and staff school classrooms, outdoor kid's exception to allow report on the time extension as follows: play area, parking, indoor kid's play Zoning Board of Adjustment Minutes October 16, 2008 Meeting 9 accessory uses, other Backl4round Information area, kitchen, office, day-care than worship facilities This request stems from St. Andrew's proposed classrooms, and fellowship hall), all in a Single family project to add classroom buildings, modify a rear as identified and limited in the residential district: drop-off/entry area and remodel the fellowship sketch (marked Exhibit "A"), but parking, outdoor kids hall. Table 7-1 "Uses" of the zoning regulations subject to the following conditions: play area, Sunday requires a special exception for church use in a The letter agreement allowing the school, day care, single-family district. Note 3 of the same table applicant to use at least 73 spaces in indoor kids play area, allows the ZBA to specify and limit accessory the KTRK-TV Channel 13 parking fellowship hall, uses and buildings in such a special exception. lot (immediately across Bissonnet gathering hall, office Historically, City Council granted pennission for from the site) must be kept in full and kitchen. construction and certain uses of the site in force and effect. If it is terminated Deliberation, Ordinance No. 292. This ordinance does not or modified such that fewer than 73 decisions, other cover all uses and all parts of the site, and was spaces are provided for use by action, etc. regarding supplanted by the zoning regulations adopted in persons visiting the structures the preceding matters. 1987. Probably some parts of the site and shown in Exhibit "A,": (i) the buildings had prior non-conforming (PNC)status applicant shall notify the since 1987. However, PNC status would not administrative official in writing; extend to the new additions and modifications and(ii)this special exception is proposed by the applicant. subject to termination or The applicant has conducted the required modification by the Board. neighborhood briefing per Section 11-101 of the However, a reasonable period of zoning regulations for this special exception time (not less than 180 days) shall request. (See section 5 of the application packet). be allowed to replace any spaces The applicant also commissioned a traffic impact lost or to make other changes to analysis and has entered into an off-site parking keep the off-street parking in agreement with KTRK Television, hoc. which is compliance with the Zoning directly across Bissonnet and within 300 feet of Ordinance. Any replacements or the entrance to the building. This type of changes must be submitted to the agreement is allowed under Section 10-103 (a) Board for its approval. Motion was "Same Site Rule" of the zoning regulations. 2" d by Richard Wilson. Richard Based on the square footage of the existing Wilson, Jason Powers, Steven Segal buildings and the proposed modifications and and Stephen Stewart voted aye. additions (48,974 square feet), the total number of Frank Vargas, Jr. voted nay. parking spaces required is 167. Article 10-100 of Motion passed. Special Exception the zoning regulations requires 10 spaces plus granted. 3.33 per 1,000 square feet of gross floor area in excess of 2,000 square feet for a church use. (10 spaces + 3.33 x 47 =167 spaces.) The church site provides 94 on-site spaces and 73 off-site spaces (KTRK site). Staff Response To issue a special exception the ZBA must determine that the special exception will not cause: (i) any increase in on-street parking, (ii) any substantial traffic congestion or (iii) any substantial increase in traffic or an unreasonable burden on utility systems or any other public facility or public service. The ZBA must also Zoning Board of Adjustment Minutes October 16, 2008 Meeting 10 deten-nine that the special exception will be in hannony with the general purpose and intent of the Zoning Ordinance. See Section 11-102 of the Zoning Ordinance. Under Section 11-103, the ZBA may impose conditions in a special exception, to the extent necessary to enable the ZBA to make the determinations listed above. Staff believes that the applicant should be able to present evidence at the hearing sufficient to enable the ZBA to make these required determinations. Staff believes that the ZBA has the authority to grant a special exception to applicant, if the above-listed determinations are made. 6 Minutes. Jason Powers made a motion to approve the April 17, 2008 minutes as written. Motion was 2"d by Steven Segal. Richard Wilson, Jason Powers, Steven Segal, Frank Vargas, Jr., and Stephen Stewart voted aye. Motion passed. Minutes approved. Jason Powers made a motion to approve the June 19, 2008 minutes as written. Motion was 2"d by Steven Segal. Richard Wilson, Jason Powers, Steven Segal, Frank Vargas, Jr., and Stephen Stewart voted aye. Motion passed. Minutes approved. Adjournment. Jason Powers made a motion to adjourn the meeting. Motion was 2nd by Frank Vargas, Jr. Richard Wilson, Jason Powers, Steven Segal, Frank Vargas, Jr., and Stephen Stewart voted aye. Motion passed. The meeting was adjourned at 9:30 .m. Zoning Board of Adjustment Minutes October 16, 2008 Meeting 11 PASSED THIS DAY 017``1~ "2"008. &L44ichard Wilson, re iding Officer ATTEST: Sallye A. Clark lamming Assistant