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