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Home My WebLink About10171991 ZBA Minutes~,~ I ~ ~ ~ ~' ~ ~ • . ~ ~ y . ~ : . . ~ ~ • ZONING BOARD OF ADJUSTMENTS MINUTES FROM OCTOBER 17, 1991 REGULAR SESSION 7:30 P.M. ~ The Zoning Board of Adjustments came to order at 7:30 P.M. with Board Members, Robert McBride, Vic Hansen, Sterling Minor and John Pickul present. Present from the City were Mike Tanner, City Manager, Ed Beasley, Building Official, Ed Menville, Director of Public Works and Susan Thorn, Secretary. Members introduced themselves and procedures were explained. No residents were present to express opinions regarding any items that were not on agenda. The first case on the docket was #91-18, Lots 7, 8& 9, Blk. 25, Collegeview, 4007, 4011 and 4015 Ruskin. Notices were read and participants were sworn in. This was a continuation of the hearing from September 19, 1991. Mike Tanner, City Manager read a list of conditions compiled by the • staff with the City Attorney, if the parking lot exception were to be granted. A copy of these conditions are included with the minutes. David Allums, Attorney for residents of Ruskin Townhouse district presented Exhibits A thru E. A copy of these exhibits are included with the minutes. The following residents spoke in opposition of the special exception: Horace J. Hicks - 4028 Ruskin Arthur Goldman - 4032 Ruskin Dennis McKeon - 4111 Ruskin Greg Seward - 4004 Ruskin Donna Buja - 4029 Riley Salvatore Manzo - 4036 Ruskin Charlotte Muckleroy - 4008 Ruskin Cindy Bajarano - 4119 Ruskin Julio Bajarano - 4119 Ruskin Ellis Mills - 4012 Ruskin Craig Joyce - 4107 Ruskin presented a petition with signatures of residents in opposition of the special exception for the parking lot. He explained his view that felt there not be a parking lot • built for the shopping center. A copy of the petition attached with these minutes. . ~ • ; C~ • • Myers Hammond - 4016 Ruskin presented a list of suggested parking lot conditions and he also provided photos showing the present lot during different times in the day and night. A copy of these conditions and photos are included with these minutes. Robert McBride made a motion to close public portion of hearing at 9:15 and reconvene in five minutes. This motion seconded by John Pickul. Al1 Voting Aye. Voting No: None The meeting reconvened at 9:20 p.m. The next case on the docket was 91-20. Lot 7, Block 6, WUP lst, 3033 Carnegie. Notices were read and participants were sworn in. David Allums, Attorney for Lester Smith, explained that Lester Smith, owner of property proposes to build at house on the property. When the property was originally subdivided in 1950 a • plat of the property was never recorded. Ed Beasley, Building Official explained that Cecil Boles, Building Inspector had done research and determined that the property is not a rotated corner lot. No correspondence was received in favor of. Janet Landry - 3016 spoke in opposition After a brief break the meeting reconvened at 10:20. Jim Tyler, Attorney for Jo and Lige Sandlin - 6615 Vanderbilt presented evidence that the owner of the property is not Lester Smith, but FM 2754, Texas Limited Partnership , with General Partners, being Lester Howard Smith and Barbara Gordon Smith. It was determined that the hearing was not legal, as the application was made in the name of Lester Smith. Mr. Smith asked that the hearing be heard in special session, it was determined that if Mr. Smith reapply under the Limited Partnership on October 18, 1991 that this would allow for ten day mail out to surrounding residents within 200 ft. and that notices could be posted and that the special session would be on Wednesday, October 30, 1991. • • ' • ' ~ . ~ The third case on the docket was 91-21, 5814 Lake, Lot 9, Blk. 4, Preston Place Addition. Notices were read and participants were sworn in. Mary Margaret Bearden explained that she wishes to install an iron gate with an electronic opener, which would be flush with the house, which would swing out to the front of the property, and which would have the control unit in front of the building line. The proposed opener with extend only 6" in front of the building line. Ms. Bearden explained that she had chosen a very small opener. There would not be enough room to drive into the driveway if the gate were to swing in. There were no one present who wished to speak in opposition. Vic Hansen made a motion to close public portion of this meeting, this was seconded by John Pickul. ~ All Voting Aye. Voting No: None Meeting reconvened at 11:05 p.m. After a brief discussion concerning #91-18 it was determined that the 1987 City Council meant that there could be parking under some circumstances. Interpeting that is an option not a directive. It was determined that conditions could be placed if a special exception is to be granted for parking lot. A motion was made by John Pickul that a site plan that meets all staff conditions and recommendations 4 and 5 presented by the opposition be returned for consideration to the Zoning Board of Adjustments. This motion was seconded by Vic Hansen. The vote was unanimous. After a brief discussion regarding #91-21, Vic Hansen moved to grant a variance for a gate control unit (402 Compact) that violates the front setback. John Pickul seconded the motion. The vote was unanimous. After a brief discussion regarding Mr. Smiths request for a special session John Pickul moved that a special notice be posted at the southeast corner of Carnegie and Vanderbilt to publicize the Lester Smith request to be heard Thursday October 30, 1991. Robert McBride seconded the motion. • The vote was unanimous. The meeting was adjourned at 12:05 a.m. ~ ~~~ . :, . ~ A~test : ~ • • r " . , • " Secretary • • • • • r CONDITIONS FOR SPECIAL EXCEPTION 1. The facility shall be designed for use only by the shopping center tenants and their employees, and the applicant shall provide a restrictive sign to this effect near the entrance to so indicate. 2. The facility design shall include reinforced concrete cor~struction with curbs, meeting all requirements of the City's ordinances. 3. The facility design shall include a vehicular entrance only from the alley behind the shopping center, with no curb cuts on Ruskin Street. The old residential driveway approaches shall be remaved, and a continuous curb provided on Ruskin Street, before the facility is placed in service. 4. All drainage shall be routed toward the rear of the site and then to Weslayan. Any necessary changes to the alleyway to handle the drainage shall be made before the facility is placed in service. 5. The design of the facility shall include a landscaping area in the front fifteen feet. In this area there must be grass, shrubs and at least four qualified trees and there • may be no structures above ground except ground lights o~ a maximum of two lamposts neither greater than six inches in diameter nor hiqher than eight feet. Any such lighting fixtures must be compatible with residential uses. Along the rear of the landscaping area there must be an opaque fence or wall eight feet high extending from one side property line to the other. 6. The interior of the parking facility must be lit with either ground lights or lampposts (not greater than six inches in diameter nor higher than eight feet). 7. There must be a fence or wall eight feet high along the east property line from the rear of the landscaping area to the rear property line. [Note: The design of the facility shall also comply with all applicable regulations, including Articles VII and X of the zoning ordinance, etc.] 6:lcoadltloe • • • ~ . • • ~~ ' ' PETITION • to City Councii, Zoning & Planning Commission, and Zoning Board of Ad justment ~ ~ We, the undersigned homeowners and voters in the City of West University Place, oppose the creation of a parking area on lots 7, 8 and 9 on the south side of the 4000 block of Ruskin Street. Please help us to protect existing West University Place neighborhoods from commercial encroachments. Date 1. ~~ ~ ~ 2. ii~ i`~ ~`''" 3. r.l-;~~;~f a Name ~ ~ ~ r ~~- Address ~f v 3 -6 " ~~ ~ ~. •, .r ~i' ~ ff ~= • ~ ~ '-l' ^~ • ' '' ~ ~~ ~`'~ ~ ;,. . ~~ ~ ~ }'~ af ,• •~ ~ i~ 4 ( /~} ~ f ~r`~~ ~ _. ' R . . ,..~ d r ~... ... . ..~,ct i~ r x~'... ~ 'Y ~.J~.J~ ~.[.,dYR .~~K ~- ~,t.r c a t', t. ..~~ ~ ~ o ~s 9 I ~w.. L`J_-~~. ~.: ., ~0 3 S~ ~/~ Sf • -~; s. ~ '~~' `l~ 6. ! (:~~' ~r~ff . ~ ~. f ~ ~ s. il ~ "J 9. !~'l ~_ 9, ,o. ~ ~' ~~~i ( ~~. ~~~-~ 12. ~u~~~r~~~ ~ 13. D~S ~ 14. ~C~ ~J q~ ~s. lv ~S-aL ~~~ ~>~t L./~~, ~f~.~,~ ~ ,~ ~: r~% Jt ~~~' ~ (.. ~.. ~ ' ~.. ~~~ ~ ~ R~ ~~ ~`~)~_~ ~ ~..~ r' '~ ~ `~ ~l0? 1 ~~ - (~.,.. ,'/ • ~°2 ~, ~ ~,3 a 1~°..~~_ ~ ~a 7 ~~ 3 ~ J ~ d "~~ ~~ ~r~~ ~.g ~.:. '7~~v~ ~ h~la~ ~ ~~v ~ r ~ ~ ~ ~ . • ~ PE~ITION ~ ~ . m - ' to City Council, Zoning & Planning Commission, and Zoning Board of Ad justment We, the undersigned homeowners and voters in the City of West University Place, oppose the construction of a shopping center parking area on lots 7, 8 and 9 on the south side of the 4000 block of Ruskin Street. Please help us to protect existing West University Place neighborhoods from commercial encroachments. Date Name ~ / /~ ~ i D. - `D/6-9/ / / ~J ~ ~ ~' . ~„ . ~ o ~ ~~;t~i~~ ~. 2. 3. • 4. s. 6. ~. s. 9. ~ o. t1. Iv-i~o-~i (~-l6 ~q 16 ~~_ql /~~1~-91 ~ 1 , ;( ~, ~'~ , r'C' ~ ? ~ / ~o~j'1/q~ I 2. V'G ~ ~"l9.-: 11l } ;v r / ~ d~'(/~~ ~ /~ (~~~2 ~ ~G Address O~Vl~` . ~oo ~ ~c 3Z2v l1~iv'~ ~n. 3y~ ~ ,~.~~ . ~ ( ?, ~.v~~ fCrr u~, . ~ 3 ~36 ;~ s ~C~ ;~ ~ ~ v 3 t - ~r ~ -~ ~I-y115 i ~e~ . ~ .. ~, ~ 3~ ~ C~,~.~,~. 9 ../L// f)~ 1 ~ 1 J. ~/J/ ~7 /~~ ~ ~ f.~'~l~ '( ~In i i l~ ~~a...P._ ll P~- ~ ~~ ~ ~~ /[ ~ /"r~"'1.1 • ~ 1 _irM4.I • / ' ~ / IV ~ ~ ~ 1 ~i 'l~ , ~; r' ' >( ~ l~'.,, i . s-• . ~ ~ 14. ~ r,i.~/~ ~''1/~y.~ l,r~~~r!.-+~ ~..:~. '.~ . ~ ~ U / 15 . ~lEi' ..' 'f -lj' ~~-~~ 'f/~C: ~ • L~ ~.2 3 V ~'(,• c~.e_ y~,~,Y ~~ i/ y .~•~ „A _~v~ ~' / ~ < < f ( / ~ (~ r v ~ ./' ~ . v ~~. , • ~ " ../.~ ~ ~ ~ • <.- •L.,. ~ ~~ '~ ' ~' . ' ~ ~i~n ..~• ~ / ``• - ~` '• . ~ . ' ~ PETITIOIV ~ . ' ~~ • ' ~ to ~ City Council, ~ Zoning & Planning Commission, and Zoning Board of Ad justment We, the undersigned homeowners and voters in the City of West University Piace, oppose the construction of a shopping center parking area on lots 7, 8 and 9 on the south side of the 4000 block of Ruskin Street. Please help us to protect existing West University Place neighborhoods from commercial encroachments. ' Date Name / m - /6- 4 I ,~o~+~+a-c.~ . J ~~'~~ 1. 2. ~~- •~6- ~! 3. ~d - ~~-~ 1 ~ 4. /o _ /? -9~ s. ~o,i~-~/ 6. 7. 8. 9. 10. 11. I 2. • 13. 14. Address c,~o ~. ~ ~u S Kih1 ~d'?~~f ~U.S~/~t/ ~0 Z ~ c~~~~. ~~~ ~ 15. . • . • ~ PETITION ~ •= • ' to ~ ~ City Council, ~ Zoning & Planning Commission, and Zoning Board of Ad justment We, the undersigned homeowners and voters in the City of West University Place, oppose the construction of a shopping center parking area on lots 7, 8 and 9 on the south side of the 4000 block of Ruskin Street. Please help us to protect existing West University Place neighborhoods from commercial encroachments. Date ~. / 2. ~~ ' 3. 4. ,~j ~ ! Name Address ~ ~ (~ ~~'~- .c,,,. ~~ _ . ~ (~, ~ • 5. 6. • 7. 8. 9. 10. I1. 12. 13. 14. 15. ~J • ~ u , • ~ PETITION • ..V .... . - ' to City Council, Zoning & Planning Commission, and Zoning Board of Ad justment We, the undersigned homeowners and voters in the City of West University Place, oppose the construction of a shopping center parking area on lots 7, 8 and 9 on the south side of the 4000 block of Ruskin Street. Please help us to protect existing West University Place neighborhoods from commercial encroachments. Date i. ,~o c~ 2. %d ~G 9/ 3. /6~/~/ql 4. ~c-~~ ~~ s. ~ f' ( ( c 6. ~~~!~~ `~l 7. ~~~~~~ s. l0~/ 9. /~ -/!o -4/ 10. ~~~' ~ ~ 11. Na e ~ ~ ~d..~ . _ . ~ ,% ~m-1.~~ ~ ~ ~ ^ .~ n /~ i~ _ ~ _dl ~ ~ ~~ a=~- ~-2~~=~-e.- Address a ~ d ~. I~~~t, c~+L- ~.~a ~~~ 3 I .~o ~ -~ 3~ ~~ ~~ ~%~~~cz~v~ . ~ ~ 7 ~`_. X ~'~~.~~- -"~-.~ ~ ~. ;~.~-- -L_ ~~3 ~? o `'~:~~ ~~~~. ~ . ~ %~~ ~ ~~Ib ' ~ ~~~~ ~R,' I ~ ~s-~- . ~ (o y/ ~ ~'~G~+~ ~ ,2. ~ -/ -% ~3. /~~/6 l/ ~~ ~ ~~ ~~ 14. ~~ `_~ ~ . 15. ~b' ~~ ' ~l ~~ ~ ~~7a ~ 5~ ~~~~ ~ ~ P1~.RKING LO'r SEQUENCF: _ _ _ _ (A Typiral_ ;aturday) • • • ,~_i ,.*• ..,6 ~~Mtd.v+d~t4~A~ih~r~~~b~!I~ I~ ~Il~:~~^`:~4~kMM~~Yi`I~:i~ ~~ ~ r. . . . , i, 11:30 A.M. .,~;I~I ,;,..~....,.. ~ • L~ ~ 1:30 'P.M. (Movie Matinee started at 1:00) 3:30 P_M_ ~ ~ G ~ ~;,,?,~°~' i ~ b 8A iNEBTNIN~Mf ..,,. u~ +-I.I_. .~i4:: -. ~ LJ -----_ ~ • • • • 5=30 'P.M_ 7:30 P.M. f , ~ ~ - •PARKING L~T CQNDITIONS ~ . ~ - .: •• . • • 1) NO ACCESS TO RUSKIN. 2) PER CITY CODE, NORTH PARKING LOT BOUNDARY TO COMPLY WITH A 20 FT. SETBACK FROM RUSKIN STREET. 3) A BRICK WALL 8 FT. IN HEIGHT AND BEING A TRUE COPY IN ALL PARTICULARS OF THE WALL THAT FRONTS THE 610 WEST LOOP SOUTHBOUND SERVICE ROAD AT AZALEA PLACE, WHZCH IS LOCATED BETWEEN JESSAMINE AND EVERGREEN STREETS, BELLAIRE, TEXAS, TO BE ERECTED AROUND THE PARKING LOT BORDERING ON RUSKIN STREET, LOT #10, AND THE SOUTHWESTERN BELL LOT. (This wall will not only provide physical safety for Ruskin residents but will maintain their privacy by intercepting headlight beams from night-time users of the lot.) ~ 4) NO FURTHER SITE CLEARANCE OR SITE PREPARATION WORK TO BE CARRIED OUT UNTIL THE CITY INSPECTOR HAS CERTIFIED IN WRITING THAT A NEW SIDEWALK FRONTING THE PARKING LOT ALONG RUSKIN STREET HAS BEEN POURED AND THE PREVIOUSLY DESCRIBED BRICK WALL HAS BEEN INSTALLED. (This condition will shield Ruskin homeowners from the noise and dust raised by the actual construction of the parking lot.) py~ 5) A WALL MAINTENANCE SCHEDULE TO BE IMPLEMENTED, COMPRISING ~id INSPECTION OF THE BRICK WALL EVERY 5 YEARS AND REPOINTING AS SPECIFIED BY THE CITY INSPECTOR, AND IN THE EVENT OF DAMAGE • TO OR COLLAPSE OF ANY PART OF THE WALL, NECESSARY REPAIRS TO BE COMPLETED WITHIN 30 DAYS FOLLOWING THE EVENT. 6) NO PARKING ON, OR EMPLOYMENT FROM, RUSKIN STREET OF ANY CONSTRUCTION EQUIPMENT (E.G., CRANES), DELIVERY VEHICLES (E.G., CEMENT TRUCKS), OR CONSTRUCTION WORKERS' PERSONAL VEHICLES DURING ACTUAL CONSTRUCTION OF THE PARKING LOT. (This condition disallows the use of a residentially zoned area to support a commercial enterprise as that would be totally inappropriate.) 7) LIGHTING DESIGN TO CONFORM WITH WARREN ELECTRIC COMPANY~S STUDY, UTILIZING TWO WIDE-LITE SUPRA-LYTE LUMINAIRES, MODEL #SLM-250-S, EACH FITTED WITH A SINGLE M250/U METAL HALIDE LAMP HAVING A 20,500 LUMEN RATING, AND MOUNTED ON 20 FT. POLES ON 2 FT. CONCRETE PADS AND SET BACK 60 FT. FROM NORTHERN BOUNDARY OF PARKING LOT. APPLICANT WILL ADJUST LUMINAIRE POSITIONING UNTIL ITS CONTRIBUTION TO THE LIGHTING INTENSITY AT ANY POINT ALONG NORTH BOUNDARY OF RUSKIN STREET RIGHT-OF-WAY OPPOSITE PARKING LOT DOES NOT EXCEED 0.05 LUMENS PER SQUARE FOOT. 8) RESIDENTS OF RUSKIN STREET AND THE CITY OF WEST UNIVERSITY PLACE SHALL HAVE THE RIGHT TO REQUIRE A MATTE BLACK COATING TO BE APPLIED TO THE PARKING LOT SURFACE IF • LIGHT REFLECTED THEREFROM PROVES TO BE AN ANNOYANCE, ANY SUCH COATING TO BE INSPECTED AND RENEWED ANNUALLY. r r ~ , • r ^ . ~ . ~ ~ .. .~..•9~rpARKIN~ LOT TO BE CONNECTED TO THE LOCAL STORM WATER '~` $EWER SYSTEM IN A WAY THAT WILL PREVENT RAINWATER RUN-OFF • INTO RUSKIN STREET; IF THIS PROVES IMPOSSIBLE TO IMPLEMENT THE PARKING LOT WILL BE SLOPED SO THAT ALL STORM WATER RUN-OFF THEREFROM WILL BE TAKEN THROUGH THE ROADWAY BEHIND THE BELLAIRE SIiOPPING CENTER TO WESLAYAN STREET WITH NO IMPACT, DAMAGE, OR INCONVENIENCE TO LOT #10. 10) PARKING TO BE RESTRICTED TO EMPLOYEES AND TENANTS ONLY. ~ ~