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HomeMy WebLinkAbout11132008 ZPC Agenda Item 3 Sallye Clark From: Allan Elkowitz [elkowitz@alumni.caltech.edu] Sent: Thursday, November 13, 2008 10:17 AM To: Sallye Clark; Steve Brown - ZPC Chair Subject: Thoughts on tonight's meeting I am riot sure who should get this. As I said earlier, I will not be able to be there tonight due to having to fly to New York for a meeting Friday morning. 1. On the zoning exception on Buffalo Speedway: My wife and I looked at this house just after it was built. I studied the driveway and concluded that it would be almost impossible to get into and out of the property given the configuration of the garage, house and street. We concluded that we would never purchase this house for that reason alone. We concluded that it would be a significant safety hazard trying to get into and out of the property, especially in traffic. I note that the house has been sold more than once but I don't know if this difficulty has anything to do with the driveway issue. Certainly if I were on the ZBA, I would vote in favor of granting the variance for the safety reason alone. I believe we do need to address the issue in the ZPC seeking a more permanent solution. 2. On the fence issue: I have looked at some but not all of the properties. If I owned a house on a corner lot, I would certainly see the need for a wall of some sort which created a significant amount of privacy. I understand the need to preserve access for fire and rescue personnel. However I believe we can address that issue by requiring a gate made of a more easily breached material such as wood or cast iron which can be cut through. I do believe it is a personal freedom issue to allow homeowners to build stone or brick fences to protect their privacy provided some method of access is included. elkowitz@alumni.caltech.edu A, Al" t-: 1 Draft 11-13-08 • Amendment to allow more maneuvering area on building sites abutting four-lane streets Amend Section 10-103 (b) as follows: Section 10-103. Location of parking spaces. (a) Same Site Rule. All parking spaces required by this ordinance must be located on the same building site with the building space served. E.viceptiou : the required spaces may be located up to 300 feet from the entrance of a building served (and may be outside the City limits) for: (i) parking for building sites not used primarily for residential purposes where an increase in the number of spaces is required by a change or enlargement of use, (ii) spaces allowed by this Ordinance to be used jointly for two or more uses or types of space, or (iii) a community center, library, school, place of worship, museum or similar institution with mixed uses and types of space served by common parking spaces. (b) Yards and Street Areas. 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. Exception: If a building site has access only from M ' r theraughfare a roadway marled for four lanes or more of traffic there may be a maneuvering area mitt ~roocatcd anywhere on the bUlld111g site or adjacent street area, to the extent reasonably necessary to provide a turnaround allowing vehicles to leave and enter the roadway going forward. In a non-SF District, no required parking space may be: (1) closer than 10 feet to a street area, except an alley, or (ii) farther than 500 feet (driving distance) from a street area. (c) Certain Joint Use Of Spaces. The ZBA may issue a special exception to allow up to 75 percent of the parking spaces required for any use or type of space to be used jointly for another use or type of space, if the ZBA finds that no increase in on-street parking is likely to result. See Table 7-5a. (d) Above-Gmcle Parking. No parking spaces may be located above grade. (e) Easements in PDD-CI . In PDD-C1, parking spaces may not be located in any casement for underground utilities. 1 :s Memo To: Zoning and Planning Commission From: Debbie Scarcella, City Planner Date: November 6, 2008 Re: Staff Report for Agenda Item No. 3 The Zoning Board of Adjustments heard a request last month from a property owner located at 5708 Buffalo Speedway concerning a "stub" or "dead end" driveway in the front yard. The property owner stated that he was finding it more and more difficult to back safely from the driveway onto Buffalo Speedway. The property is 50' x 100' wide, and does not qualify for a circular drive (as allowed in Chapter 70 of the Code of Ordinances). The garage side loads at the rear of the site, but does not have adequate area at the garage to maneuver a vehicle so that it exits in a forward motion onto Buffalo Speedway. The property owner requested that the ZBA grant a special exception to allow for additional turning area for vehicles in the front yard. The property owner proposed to use pervious materials and screen the affected area. Additionally, staff proposed to limit the size of the "stub" area to either a standard parking space size or smaller. During deliberations, the ZBA members noted the challenges facing property owners with driveway outlets to Buffalo Speedway, especially certain blocks in close proximity to traffic signaled intersections. There have been two other requests in the last year for similar relief. The ZBA asked staff to bring this issue to the Zoning and Planning Commission for consideration and possible ordinance amendment. 5708 Buffalo Speedway Page 1 City of West University Place APPLICATION TO THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS ("CITY") Address of site: 5'70,g 3~~~~ SP~ed~y Legal description of the site: LOT A-1 i3 l o dc- S-kr1, n 140 r-,e d ►'~1 ca~J Applicant: 4 6, Address: &;D-4o ?:~e' (VAoj-f Contact: Phone.(713)2 a I - S) 16 Fax: (713)'731-4659 Email: Decision or Action Requested (check one or more and provide requested data): Mrow~Qro(2 CIMa~ -~?Aer~ C or ( ) Appeal. Hear and decide an appeal from an order, requirement, decision or determination made by the Administrative Official. • Is the official's action in writing? ( ) Yes; ( )copy is attached. ( )No, but the action appealed is as follows: • When was the action taken? Note: Appeals must be filed within a reasonable time. Please explain any delay below: • Exact zoning ordinance section(s) involved: • Grounds for appeal: (16pecial Exception. • Exact zoning ordinance section that authorizes the special exception: Za~te---7--54 - No-v-7 PCrV,,,, • wording of special) exception requested: ^~+~~°9 vC'~ q S peC,a j ekGQp~1ocj ct S PCOU1040( rJ Ta~j~ 7-Sq 1J&V.-7 for mn a4utic rf- AeS~ IN 4( Mar jev.ver,r., i ~ Ca {}h a S-~uh ova we -r~-~-~ cam( S % l eXC2 ( ) variahce. d a 11p,,) enat & i wa y E~-c • Exact zoning ordinance section from which a variance is requested: -~2'~ a(o( Exact wording of variance requested: Other Data. Are there drawings or other data? ( )No ( )Yes(list items here and attach them) I . sumrl,o-` o4- peg ".e0- 2 • 0 fo.w 1 " o4-- act cA Coe 5 . CTe R 1 cam.) ,c ca n+Y N42J Attached. The applica has read the State a Ci regul tions attached. Signature of applicant: Dat~ Zr7 -CJ For Staff Use only Date filed: Form ZBA-102 y Date heard: Docket#: C. TO: West University Zoning Board of Adjustments FROM: Matt Rowland DATE: August 29, 2008 RE: 5708 Buffalo Speedway Special Exception I would like to construct a 15' by 13.2" stub in the front of the property to allow for drivers to turn around and forward exit onto Buffalo Speedway. My property is located between Sunset Boulevard and Rice Boulevard fronting Buffalo Speedway. The traffic in front of my property is controlled by signals located at Sunset and Rice (Street Map attached). The current configuration of the garage (located in the rear of the property) and driveway (10' wide) is too tight to turn around so it requires drivers to back onto Buffalo Speedway to exit the property. This is an unsafe situation given the amount of traffic on Buffalo and timing of the signals in this area. Article 10-102(b) of the West University Municipal Code limits dead end or stub driveways in a front yard to major thoroughfares; however, Buffalo Speedway is not defined as a major thoroughfare so I am requesting a special exception as defined in Table 7-5a Note 7 which states: "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 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." I would propose to use either: concrete, crushed granite, and or grass pavers strong enough to support vehicular traffic to construct the maneuvering area. The area around the modification will be planted with shrubbery to shield from public view. The area to be modified is currently grass, no trees will be affected and the work will be professionally done. The proposed design will not interfere with available light or air or alter fire fighting access. In addition, visitors to my property must park on a side street as parking on this section of Buffalo Speedway is inherently unsafe and would severely disrupt the flow of traffic. Thank you for your consideration in this matter. Regards, Matthew Rowland 13UHU10 3peeaway, Houst , TX 77005 to 6326 Belmont St, Ho1w, TX 77005 Page] of 2 Directions to 6326 Belmont St, Houston, TX 77005 r`.' 0. " 6 mi -about 1 min Save trees. Go green! Download Google Maps on your U 5 phone at google I .com/gmm ~ I ,U ~o t - o Sunset Blvd - Sunset I I C/ t{ t 1~ i q fD I 1I a :E F1 IIf~ Nottingham St I - PJottingha Nottingham S1 I 3 V)j Ouenbv SI ro l 1ug - ~ 01 e! Robinhood St i i _ Robinhood St - ©g F--v - i - - - I Tangley 51 r19lEy St ~ W ~ I I 3 .c Plumb St _ Plum I ~ - I GPI Plumb St I w L_a(ayette St t -Georgetown st t + Geor etnwn St G I I Rice Blvd -y Rice i.- L- I i...... ~L IG' r Rice Blvd 3 I~ ©2008 G gle - Map data ©2008 LeadDo Consulting, NAVTEQi' T § 7-101 WEST UNIVERSITY PLACE MUNICIPAL CODE General Rule: Every building site, vehicular area and related struc- ture must conform to the applicable regulations shown, by District, in this table. ("N/A" means the rule does not apply.) EzceptionslSpe- Table 7-5a: cial Rules: (1) See special rules noted in table. (3) See Article 9 re- Psrking, driveways, etc. gm'ding Planned Development Districts. (3) See Note 7 regarding special exceptions. (4) See Article 10. Item Regulation SF.1 SF•gSF-Y " TH: GR-1 Off-street parking spaces N and parking areas sign umber, location, size, de- Depends on land use, layout, etc. See this Table, Other regulations apply; see, title 10 (inc[udi Table 7-4a, and Ar- ng maneuvering areas design requirements, 'same e.g. Article 10 site' rule, yards, street areas, loading spaces, etc.). Grouping or sharing. Not allowed, except in a or more DU's. But see Note platted parking reserve serving two Use of parking areas Parking spaces for non-SFD uses in only be used for motor vehicle Emergency accessway Minimum width. See Note 1. Parking, See Note 3. 20 ft, via public or private street, to each principal building and each DU (or to an adjacent open area accessible to firefighters and Driveways and private Minimum equipment). Other regulations also apply, e. streets width. See Note 1. g, fire code. For non-SFD residential use: 10 feet, or 17 feet if two-way and serv. Other regulations apply; see, Maximum width mg three or more rive e.g. Article 10. See Note 1. Da use: (i) Driveway serving any single-bay garage: 12 feel. (ii) y in a front yard serving rear garage or side-facing garage: 12 feet. (iii) Driveway in side street area of a corner site serving a side-facing garage with three or more bays: 30 feet; (iv) Any other driveway: 20 feet. For other residential uses: 24 ft. (or 35 feet if con- necting to a major thoroughfare). For any other use: 30 feet (or 35 feet if connecting to a major thoroughfare). Maximum length For non-SFD uses: 160 feet, driving area, measured along centerline from farthest end point eA longer driveway is allowed if there is an approved turnaround or second means of egress, or if the drive-way is platted as area in a part of the common QMDS Route, location . See Note 6. N/A Spacing For non-SFD uses: There must be at least 40 feet between the "in. side" apron edges (at their narrowest points) of driveways serving Pavement the same building site. Required type For SFD use: Hard-surfaced pavement required for each required See Note 4. parking space; twin "ribbons" of pavement are other uses: Reinforced concrete, with curbs and dr tted. For all required for all vehicular areas. Exceptions: See Table 7-3 (pervious pavement) Markings; wheel slope. Required type For non-SFD uses: Parking spaces must be clearly marked on the Curb cute pavement, and wheel stops are required. See Note 12. Other regulations apply; Number For SFD use: Maximum one per subdivided lot abutting the street. see, e.g. Article 1s For non-SFD use: Maximum one See Note 5. Per 50-ft. segment of street line, Max. width per 50-ft. seg- Four feet (for aprons) plus the maximum driveway width allowed. ment of street line Each curb cut must be confined to the pa of the directly abuts the building site(s) served. See Notes1. area that Visibility triangles Forbidden structures, loots See definitions in Article 2 P The following are forbidden on parts of a buildin and other things bility triangle: structures, 8 site than plants or other things taller than 2.0 ftsi- or shorter than 8.0 ft. This does not require removal of trees in ex- istence on July 1, 1992, if kept pruned. Supp. No. 1 CDA:40 APPENDIX A-ZONING ORDINANCE § 7-101 General Rule: Every building site, vehicular area and related struc. ture must conform to the applicable regulations shown, by District, in this table. ("N&A" means the rule does not apply.) Ezceptionsl Special Rules: (1) See special rules noted in table. (3) See Article 9 Table 7.5a, coat. regarding Planned Development Districts. special exceptions. (4) See Article 10. (3) See Note 7 regarding Item Regulation PDD- ° PDD- PD& PD& PDD Off-street parking spaces Number, SF1 S1ry TAI` ' PDD~ PDLk location, size, de- De TH2' THE THdc- THT' PDD-C and Parking areas Depends on land use, sign layout, etc. See this Other regulations aPPlY, . see. title 10 (includi ng maneuaeri g re. uire ble 7-4x, and Ar- e.g. Article 10 site' rule, yards, street areas, maneuvering areas, design requirements -same loading spaces, etc.). Grouping or sharing. Not allowed, except in a or more DU's. But see Q DS platted parking reserve serving two Note 2. Use of parking areas Parking spaces for non-SFD uses may on] Y y be used for motor vehicle Parking. Emergency acceesway See Note 3. Minimum width 20 ft, via public or private street, to each See Note 1, each DU (or to an adjacent open a pi accessible to to fire ire t and equipment). Other re arefighters and Driveways and private Minimum Bulations also apply streets width , e fire code See Note 1. For none or residential use: 10 feet, or 17 feet if two-wa regulations apply,- see, mg three or more DU's. Other Y and serv- Article 10. Maximum width For SFD use: W Drivewa See Note 1. Driveway in a front yard serving reaary ar gle ors garage: 12 feet. : 12 feet. (iii) Driveway in side street area f a corner site se garage: side-facing garage with three or more bays: 30 feet; (iv) Any other driveway: 20 feet. For other residential uses: 24 ft. (or 35 feet if con- necting to a major thoroughfare). For any other use: 30 feet (or 35 feet if connecting to a major thoroughfare). Maximum length For non-SFD use.. 160 feet, dri area, measured ~'ln8 distance to the nearest street along centerline from farthest end point. A longer driveway is allowed if there is an approved turnaround or second means of egress, or if the driveway is platted as part of the common area in a QMDS. Route, location See Note 6 N&A Spacing For non-SFD uses: There must be at least 40 feet between the "in- side" apron edges (at their narrowest points) of driveways serving Pavement the same building site Required type For SFD use: Hard-surfaced pavement required for each required Parking space; twin "ribbons" of pavement are permitted. For all other uses: Reinforced concrete, with curbs and drains required for all vehicular areas. Exceptions: See Table 7-3 (pervious pavement) Markings; wheel stops. and Note 4. Required type For non-SFD uses: Par Curb cute pavement, king spaces must be clearly marked on the Number P and "'hoel stops are required. See Note 12. Other regulations apply; For SFD use: M avmum one per subdivided lot abutting the street. see, e.8• Article 1s For non-SFD use: Maximum one per 50-ft. segment of street lino. Max width per 50-ft. seg- Four feet (for aprons) plus the maximum of street line Each curb cut must be confined .S do of the street width allowed. Visibility y area that triangles directly abuts the buildingsite(s) served. See Note Forbidden structures, plants The following are forbidden on See definitions in Article 2 and other things bility triangle: structures, plants parts ther thin of a g site within a visi- or shorter than e,.0 ft. This does not r taller than 2.0 ft. istence on July 1, 1992, if kept require removal of trees in ez- Pi'ured. 5upp. No. 1 CDA:41 § 7-101 WEST UNIVERSITY PLACE MUNICIPAL CODE Note 1. Width measurement methods. Minimum driveway width refers to both unobstructed vehicular access path and pavement. Maximum driveway width refers to maximum width of pavement in a front yard or street area, excluding complying curb cut aprons. Maximum curb cut width refers to the width of the driveway plus aprons, measured at the edge of the roadway. Note 2. Grouped or shared parking. Article 10 also provides for a special exception, in certain circumstances. Note 3. Parking exclusivity (non-SFD uses). Required parking spaces must be kept open, readily accessible and used for parking only, with no sales, dead storage, display, repair work, dismantling or servicing of any kind. Required guest parking spaces must be kept open and reserved for that use only. Note 4. Pavement. The ZBA may issue a special exception to allow other materials if it finds that they will provide equal or better durability. Note 5. Curb cuts. The ZBA may issue a special exception for additional curb cuts. Circular driveways specifically allowed by another ordinance are not prohibited. Note 6. Route; Alternating Driveways. Each driveway must connect garage space to the street by the most direct route. On narrow sites where alternate side yard areas apply (see "Yards" table), the following special restrictions also apply: (A) there must be a driveway located as nearly as practicable to one side of the site; (B) the side is determined in accordance with the established driveway pattern for the block face in question, if there is such a pattern; and (C) if there is no such pattern, and if there is an adjacent driveway on one adjoining building site but not the other, the driveway must be on the side farthest from the adjoining driveway. Exceptions: 0) this paragraph does not prohibit circular driveways specifically permitted under another ordinance of the City, and (ii) a driveway may be curved or moved away from the most direct route to the extent reasonably necessary to avoid destroying or seriously injuring a tree. Note 7. Special Exceptions. 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 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. Note 8. Curb Cuts in PDD-TH1. (i) If a building site abuts both Bellaire Boulevard and another street, then all vehicular access shall be from the other street, and no more than two curb cuts shall be allowed. However, in the case of the development of Lots 6, 7, 8, 9 and the east ten feet of Lot 10, Block 1, Kent Place Addition, if Lot 6 is included in the same building site or in a joint development with the other lots, vehicular access shall be limited to one curb cut on Mercer Street. (ii) If a building site abuts only Bellaire Boulevard, vehicular access shall be limited to two curb cuts. Note 9. Curb Cuts in PDD-TH5. W If a building site abuts both Academy and Bissonnet, no curb cuts on Bissonnet and no more than two curb cuts on Academy are permitted. (ii) If a building site abuts only Bissonnet, there may be no more than two curb cuts. Note 10. Driveways in PDD-TH7. Cul-de-sac driveways in PDD-TH7 may not exceed 50 feet in length, or 200 feet if a terminus is provided with dimensions adequate for turning. Note 11. Curb Cuts in PDD-TH2. (i) If a building site abuts both Kirby Drive and another street, there may be one curb cut on Kirby Drive and on each other abutting street. (ii) If a building site abuts only Kirby Drive, vehicular access shall be limited to two curb cuts. Note 12. Curbs as Wheel Stops. Curbs may be used as wheel stops. Area outside a curb-wheel stop counts toward minimum parking space dimensions if actually usable as "overhang" and not needed for maneuvering area. Supp. No. 1 CDA:42 PROBSTFELD &ASSOCIA TES PROFESSIONAL LAND SURVEYORS 21830 Kin&land Blvd-, Suite 106 Katy, Texao 77450 Office (2808N-0034 Fax(281)829-0233 WEST UNIVERSITY PLACE SECOND ADDITION North and of 5' H. L k P. easement 5' Houston Lighting k Power easement VOL. 538, PG. 147 HCDR Z (Vol. 4658 Pg. 525 HCDR) (Vol. 4858 Pp 526 HCDR) Lot 3C' North 50.00'. 1)50.0 2)49.9 ko rod No Iran rod Ind. or not I . ' 3)49.9 Ind, or r eel (access dented) •709 IP 2)50.0 4y (access denled) 0.T 8' wood fence ENCROACHMENT Orlplnoe Boundary Line- L. wo 1n I -M-- 5' Utplt easement fence J 2 pp_ (Vol. 920 Pg. 474 HCDR) o ~Q y O} b b • 21.0 • T/C 49.85 (Vol. 680 Pg. 157 HCDR) • P, 0.2' FA 49.02 (Vol. 686 Pg. 279 HCDR) Lot A--1 • (Vol. 931 Pg. 291 HCDR) °d A/C 2.0 123 ■ 50.55 ` T/G 50.00 5'0 pp1 2)49.9 Q~ yp. ~ry 7 yp~ 3)50.0 1 )50.38 )50.20 1 2 3 r WEST UNIVERSITY PLACE v co ~(J 3)50.2) b s SECOND ADDITION VOL, 538, PC. 147 HCDR p 1ZJ 1)49.8 0.22 Story 2)FA 48.78 0) jC0 '4 M.. e • StUCCO 3)49.8 rr' Lot 4A L u FF 51,74 a Lot 3A ray g „t . cd ) e m 0 0 o cr WEST UNIVERSITY PLACE ~ p 1 2 J 4.7 1~~+ SECOND ADDITION 13.2 n + 13.1 5.0 30' Building Line I VOL 538, PG. 147 HCDR 1)50.14' 7 coV. 1.23 X90 _ (Vol. 920 Pg. 474 HCDR) 0 1 -1 Q) 2)49.87 • IP- (Vol. 831 Pp. 291 HCDR) 0 3)50.10 1)49.8 2)49,7 1 • 3)49.8. (n 1)49.30. 2la 0 28.0 30.0 M Fnd. 1/2" Fnd. 5/8' 2)49.13 Iron Rod Iron Rod 3)49.23 *SEE NOTE 1 50.00' Fnd. 1/2 f+ 1 Iron Rod k4 .~9ry1 2 J ►9~ • w91 k4 49.75' 49.05 ' Fnd. 1/2"-t Fnd. 1/2" -i 50.00' 5000 • • • Fnd. 1/2' PTP (S 0.07) (S 0 T) "Fnd. 1/2" Iron Rod Iron Rod 'Lon Rod South 50.00' (Fact 0.19) Rim 49.20' City 1 West Uiliversity Place eTexas Memo To: Zoning Board of Adjustments From: Debbie Scarcella, City Planner Date: October 10, 2008 Re: Star Report for Docket 08-08 The applicant in Docket 08-08 5708 Buffalo Speedway, is requesting a special exception to allow installation of an additional maneuvering area ("dead end" or "stub" driveway) in the front yard Background Information The applicant's property is located between Tangley Road and Robinhood Street fronting on the west side of Buffalo Speedway. The traffic flow is controlled by stop lights two blocks north at Sunset Boulevard and three blocks south at Rice Boulevard. The applicant's property is 50' wide and 98.5' deep. The property is not wide enough to allow a circular drive in the front yard. The applicant feels that backing out (into Buffalo Speedway) creates a difficult and unsafe situation. The driveway is 10' wide with the garage located in the rear portion of the lot, so there is not enough rear maneuvering area to turn a vehicle to enter Buffalo Speedway headfirst. Additionally, visitors must either park in the driveway or on a side street since parking in the street 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 turn 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 he 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:, 5708 Buffalo Speedway Pagel 10-12-08 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 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: (1) 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; (2) The location or design will prevent the destruction of a qualified tree; (3) [ ] or (4) 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 ordinance. (3) The ZBA has made any additional findings and determinations 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: 1. 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. 2. Specify the type of material to be used in creating the maneuvering area (pervious only, for example). 3. Require adequate screening by shrubbery or other plantings to be maintained at all times. 5708 Buffalo Speedway Page 2 10-12-08