HomeMy WebLinkAbout03182010 ZBA Agenda Item 4
ZBA
AGENDA
ITEM 4
ZONING BOARD OF ADJUSTMENT
BILL WATSON CONFERENCE ROOM, MUNICIPAL BUILDING
3800 UNIVERSITY BOULEVARD
MEETING MINUTES
January 21, 2010
6:30 p.m.
MEMBERS Richard Wilson (voting), Carole Steen (voting), Glenn Roberts,
PRESENT: Samantha Brantley (voting), Frank Vargas, Jr. (voting) Martha
Bersch, Cliff Thuot, Andrew Zeve and Jeanne Howse (voting)
ii. MEMBERS ABSENT: No one
III. STAFF PRESENT: Alan Petrov, Legal Counsel, Debbie Scarcella, City Planner
tv: CALL TO ORDER: - 6:30 p.m.
Agenda Item Discussion Action
1 Call the meeting to Richard Wilson called the meeting to order at Jeanne Howse moved to accept
order and Protocol. 6:35 p.m. Richard Wilson asked all members that all notices were properly
Notices, Rules, Etc. and staff to introduce themselves. Debbie posted and distributed for this
Scarcella, city Planner stated all notices were meeting. Motion was 2nd by Frank
posted as required by city and state law. Vargas, Jr. Richard Wilson,
Swearing in of witnesses. Carole Steen, Jeann Howse,
Samantha Brantley, and Frank
Vargas, Jr. voted aye. Motion
passed. Richard Wilson
administered the oath to all
witnesses.
2 Docket No. 2009-13, Reynaldo Reza; 3620 Georgetown made the Jeann Howse made a motion
Property at 3614 presentation for the variance request. Barbara to close the evidentiary portion of
and 3620 Brock, 3615 Georgetown spoke in favor of the docket 2009-09. Motion was 2""
Georgetown, West request. No one spoke in opposition of the by Frank Vargas, Jr. Richard
University Place, request. No correspondence was received. Wilson, Carole Steen, Jeann
Texas 77005 Debbie Scarcella, City Planner gave the staff Howse, Samantha Brantley,
(Special report as follows: and Frank Vargas, Jr. voted aye.
Exception)Public Applicant's Request Motion passed. After discussion,
hearing regarding the The applicant in Docket 09-13, 3614 and 3620 Jeann Howse made a motion to
following matters: Georgetown is requesting a special exception deny the Special Exception
Applicant requests a regarding Table 7-5a, entitled "Parking, per Table 7-5a Parking, driveways,
special exception per driveways, etc." Table 7-5a establishes the etc., Special Exceptions, to
Table 7-5a Parking, driveway and parking configurations, including authorize an additional curb and
driveways, etc., curb cuts and driveway design, in single-family stub or dead-end driveway in front
Special Exceptions, districts. The applicant is requesting a special yard. Motion was 2 d by
to authorize an exception as authorized in Note 5 and Note 7 to Richard Wilson. Richard
additional curb and Table 7-5a to allow an additional curb cut and Wilson, Frank Vargas, Jr., Jeann
stub or dead-end stub or dead end driveway in the front yard. Howse voted aye.
Zoning Board of Adjustment Minutes
January 21, 2010 Meeting '
2 :'~E Al
driveway in front Carole Steen, and Samantha
yard. Deliberation, Background Information Brantley voted nay. Motion
decisions, other The applicant applied for a permit to perform passed. Special Exception denied. i
action, etc. regarding various improvements to a lot acquired as a
the preceding matters side yard. As part of the permit application, the
applicant joined the two sites together and
declared them a single building site for zoning
purposes. (This is achieved through filing an
i
affidavit signed by the property owner at time
of permit application per Section 5 of the
!
Zoning Ordinance.) This building site is one-
hundred and fifty feet (150') wide and one-
hundred and fifty feet (150') deep. The lot sits
on the north side of Georgetown adjacent to the
Poor Farm ditch right-of-way. During the plan
review process, it was noted that the proposed
driveway configuration did not meet the zoning
regulations. The applicant's plans proposed to
leave the curb cut located at 3614 Georgetown j
and filling in the driveway area with
decomposed granite. The applicant was
informed that this did not comply with the
regulations and so the plans were altered in
order to obtain a permit.
Staff Response
The applicant is seeking the special exception
for an additional curb cut and for an alternate
driveway design in order to keep an existing
curb cut at 3614 Georgetown. Table 7-5a
limits the maximum number of curb cuts to
"one per subdivided lot abutting the street." In
staff's interpretation of this regulation, once a
property owner designates more than one lot as
a building site, the building site is recognized
as if it were a single platted lot. Only one curb
cut would be allowed. Note 5 of Table 7-5a j
authorizes the ZBA to issue special exceptions
for additional curb cuts. The end of Note 5
specifically authorizes a second curb cut as
authorized by another ordinance. Chapter 70
authorizes a second curb cut if the building is
more than 60' wide in order to install a
"circular" driveway. The applicant feels that by
installing a "circular" drive, the existing trees
i
would be affected, and the concept of open and
green area would not be served. The applicant
proposes, instead, authorization to leave the !
existing curb cut and authorize the decomposed
Zoning Board of Adjustment Minutes
January 21, 2010 Meetings
3
granite dead end driveway in the front yard. (A
dead end or stub driveway is only allowed on a
site which fronts a major thoroughfare per
Article 10 of the Zoning Ordinance.
Additionally, per Table 7-5a, Note 6, a
driveway must connect garage space directly to
a street area.)
Staff Recommendation
Table 7-5a, Note 5 of the Zoning Ordinance
gives the ZBA authority to grant a special
exception for additional curb cuts. Note 7 give
the ZBA authority to grant a special exception
for a parking area or driveway in another
location or with a different design than
prescribed by the ordinance. In order to
authorize either exception, the ZBA must find
that the request is in harmony with the general
purpose and intent of the Zoning Ordinance and
that the request will not cause any significant
increase in on-street parking or traffic, traffic
congestion, or an unreasonable burden upon
public utilities or services. Additionally, in
order to authorize the special exception for the
alternate design or location, the ZBA must find
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, or (ii) the
alternate location or design will prevent the
destruction of a qualified tree. The burden is
on the applicant to present evidence to the
Board to support each finding and
determination required for the issuance of this
special exception. If the Board grants the
special exception, the Board can attach
conditions.
3 Docket No. 2009-14, Tomas Welsh, 3219 University gave the Frank Vargas, Jr. made a motion
Property at 3219 presentation of the Special Exception request. to close the evidentiary portion of
University, West No one spoke in favor of or in opposition to docket 2009-14. Motion was 2"'
University Place, the request. No correspondence was received by Jeann Howse. Richard
Texas 77005 (Special in favor of or opposition to the request. Wilson, Carole Steen, Jeann
Exception) Public Debbie Scarcella, City Planner gave the staff Howse, Samantha Brantley,
hearing regarding the report as follows: and Frank Vargas, Jr. voted aye.
following matters: Motion passed. After discussion,
Applicant requests a Applicant's Request The applicant in Jeann Howse made a motion to
special exception per Docket 09-14, 3219 University is requesting a grant the Special exception
Table 7-5a Parking special exception regarding Table 7-5a, to acquire to allow an additional
entitled "Parking, driveways, etc." Table 7-5a curb not to exceed 16' wide on
Zoning Board of Adjustment Minutes
January 21, 2010 Meeting
5 R A'
maximum driveway width plus four feet).
Note: Note 5 of Table 7-5a refers out to other
ordinances, which can sometimes allow more
than one curb cut. Section 70-27 of the Code
of Ordinances allows two curb cuts on a wide
lot with a "circular" driveway, and it limits
the location and size. A special exception is
not generally required for a "circular"
driveway. The applicant is in the process of
finalizing the permit drawings and preparing i
to apply for a building permit.
i
Staff Recommendation Table 7-5a, Note 5
of the Zoning Ordinance gives the ZBA
authority to grant a special exception for
additional curb cuts. The ZBA must find that
the request is in harmony with the general
purpose and intent of the Zoning Ordinance
and that the request will not cause any
significant increase in on-street parking or
traffic, traffic congestion, or an unreasonable
burden upon public utilities or services. The
burden is on the applicant to present
evidence to the Board to support each finding
and determination required for the issuance
of this special exception.
4 Minutes. October 15, 2009. Richard
Wilson made a motion to
approve as corrected. Motion I
was 2"d by Frank Vargas, Jr.
Richard Wilson, Carole Steen,
Jeann Howse, Samantha Brantley,
and Frank Vargas, Jr. voted aye.
Motion passed. Minutes
approved.
Adjournment. Richard Wilson made a motion
to adjourn the meeting. Motion
was 2'd by Frank Vargas, Jr.
Richard Wilson, Carole Steen,
Jeann Howse, Samantha Brantley,
and Frank Vargas, Jr. voted aye.
Motion passed. The meeting was
adjourned at 8:45 m.
Zoning Board of Adjustment Minutes
January 21, 2010 Meeting
PASSED THIS DAY OF 2010
Richard Wilson, Presiding Officer
ATTEST:
Sallye A. Clark, Planning Assistant