HomeMy WebLinkAbout05192011 ZBA Minutes ZONING BOARD OF ADJUSTMENT
MUNICIPAL BUILDING
3800 UNIVERSITY BOULEVARD
MEETING MINUTES
May 19, 2011
6:30 p.m.
I. MEMBERS PRESENT: Richard Wilson (voting),Frank Vargas, Jr. (voting), Samantha Brantley
(voting), Carole Steen (voting),Martha Bersch(voting)and Glenn
Roberts
II. MEMBERS ABSENT: Jeann Howse,Andrew Zeve, and Cliff Thuot
Ill. STAFF PRESENT: Debbie Scarcella, City Planner,Jolie Lenz, City Legal Counsel and
Sallye A. Clark,Planning Assistant
Iv. CALL TO ORDER: 6:30 p.m.
Agenda Item Discussion Action
I Call the meeting to Richard Wilson called the meeting to order at 6:30 Frank Vargas moved to accept that all
order and Protocol. p.m.Richard Wilson asked all members and staff to notices were properly posted and
Notices,Rules,Etc. introduce themselves. Sallye A. Clark, Planning distributed for this meeting. Motion
Assistant stated all notices were posted as required was 2❑d by Carole Steen.Ayes:Richard
by city and state law. Wilson, Frank Vargas, Jr., Samantha
Swearing in of witnesses. Brantley, Carole Steen, and Martha
Bersch. Motion carried. Richard
Wilson administered the oath to all
witnesses.
2 Docket No. 2011-02, Debbie Scarcella gave a brief background of Martha Bersch made a motion to close
Property at 2932 Docket 2011-02. The property at 2932 Wroxton the evidentiary portion of the
Wroxton, West is in a Single-Family 3 (SF3)zoning district at the hearing. Motion was 2°d by Frank
University Place,Texas northeast corner of Wroxton and Belmont. A two- Vargas, Jr. Ayes: Richard Wilson,
77005 (Appeal) story residence and side-loading garage was Frank Vargas, Jr., Samantha Brantley,
Public hearing constructed in 1938. Records indicate there was Carole Steen, and Martha Bersch.
regarding the following minor remodeling and a small addition constructed Motion carried.
matters: Appeal. in 1980. The structures have not been occupied
Applicant requests an since the late 1990's. Prior to last year, the After deliberation,Richard Wilson moved
appeal of the decision previous owner was working with staff to prevent to sustain the appeal in part and to modify
of the Administrative code enforcement action under the property the decision by the Administrative
Official regarding the maintenance provisions of the Code of Official in part. The modification to the
definition of a dwelling Ordinances. The applicant purchased the property decision of the Administrative Official is
unit. Deliberation, in 2010 with the intention of renovating both the that the removal of the kitchen sink to
decisions, other action, residence and garage. The applicant applied for a points determined by the Building
etc. regarding the renovation permit which was denied because the Official to be sufficient would be enough
preceding matters. detached garage structure contains a non- to cause the separate living quarters above
conforming dwelling unit. Each building site in a the garage to cease meeting the definition
SF3 district is limited to one principal dwelling of a dwelling unit. Motion was 2nd by
Z ning Board of Adjustment Minutes
ay 19, 2011 Meeting
2
unit and one accessory quarter. The accessory Samantha Brantley. Ayes: Richard
quarters must be located within the principal Wilson, Frank Vargas, Jr., Samantha
building. Records indicate the garage building Brantley, Carole Steen, and Martha
was constructed as it currently exists, but in 1987, Bersch. Motion carried. Appeal
the zoning regulations were unified and re-adopted sustained in part and modified.
and contained a provision granting Prior Non-
Conforming(PNC) status to building sites in a SF
district containing more than one dwelling. The
regulation also contained an expiration or"sunset"
provision that expired in October of 1997,thus
causing a loss of PNC status and a non-
conforming garage structure. The ordinances
regulating issuance of permits (Chapter 18)do not
authorize the permitting official to issue a permit
when the proposed activity does not significantly
comply with the zoning ordinance. The applicant
appeals a formal decision by the Administrative
Official declaring the space above the garage to be
a second dwelling.
Section 2, Definitions,defines a dwelling unit as a
building, room or group of rooms occupied or
capable of being occupied as a separate living
quarters. The definition then goes on to give
parameters which establish what a separate living
quarters consists of by listing three separate
elements that must all be present: (i)direct access
from outside of the building; (ii)plumbing and
electrical facilities sufficient to serve a kitchen
sink, a refrigerator and cooking equipment; and
(iii)a full bathroom including a sink, a commode
and either a bathtub or a shower.
The purpose of establishing a definition of a
dwelling unit is so that the legal use of a building
site can be determined. Building sites located in a
Single Family Residential(SFR)zoning district are
limited to one dwelling unit per building site. The
key point of the definition is contained in the first
sentence of the definition: "capable of being
occupied as separate living quarters". The definition
establishes that the space does not have to actually
be occupied as separate living quarters,just capable
of being occupied.
The parameters established for determining a
separate living quarters are contained in a list so that
each element(or group of elements)must be present
to meet the definition. It is important to note that
the three elements contained in the definition are
there to establish the basic minimum criteria for a
dwelling unit, not just for ruling out those spaces
that are not in compliance with other sections of the
Zoning Board of Adjustment Minutes
May 19, 2011 Meeting
3
regulations. Elements (ii)and(iii)provide a list of
specific fixtures commonly associated with living
spaces. These fixtures provide the basic necessities
for "household" or "living" purposes, such as
sanitation,cooking,and washing facilities. Element
(ii)lists the individual fixtures commonly associated
with a kitchen and(iii)lists the name grouping-"full
bathroom"- and a listing of what a full bathroom
consists of.
In applying the definition to a space, staff looks at
those elements which are present and contribute to
the capability of the use of the space(s). If just one
of the fixtures in element(ii)were not present,such
as a refrigerator, the space(s) would not lose their
capability of being occupied as a dwelling. If one of
the fixtures in (iii) were removed, such as the
tub/shower,the space(s)would lose the capability of
providing the necessary bathing facility required in a
separate living quarters.
The ZBA has the authority to affirm, modify or
reverse the decision of the Administrative Official.
If the decision is affirmed,the applicant will be
required to modify his permit application drawings
to demonstrate compliance with the zoning
regulations. Reversal or modification of the
decision may be in part or whole, and may contain
conditions of compliance.
Mr. Vernon Tyger gave a presentation outlining
his appeal of the decision of the Administrative
Official. The property owner purchased the
building site with the intention of remodeling and
improving the structures on the site while
preserving their original exterior. The applicant
believes that by removing the cooking equipment
and refrigerator,but keeping the sink and
countertop,the space no longer meets the
definition of a dwelling. The applicant believes he
will then comply with the zoning regulations. He
stated that he also had his contractor, Gerrard
Morisch, with him to answer any questions.
The ZBA has the authority to affirm, modify or
reverse the decision of the Administrative Official.
If the decision is affirmed,the applicant will be
required to modify his permit application drawings
to demonstrate compliance with the zoning
regulations. Reversal or modification of the
decision may be in part or whole, and may contain
conditions of compliance.
Zoning Board of Adjustment Minutes
May 19, 2011 Meeting
4
No correspondence in favor of the request was
received. Correspondence received in opposition
of the request was as follows:
Jeannette Baughman, 2929 Bissonnet Street
Luci and Sandeep Khurana, 2911 Wroxton
Martiel Luther, 2917 Wroxton
No one spoke in favor of or in opposition of the
request.
3 Meeting Minutes. Approval of meeting minutes of April 21, 2011. Approval of Minutes deferred.
4 Adjournment. Frank Vargas,Jr. moved to
adjourn the meeting. Motion was
2°d by Samantha Brantley. Ayes:
Richard Wilson, Frank Vargas, Jr.,
Samantha Brantley, Carole Steen, and
Martha Bersch. Motion carried. The
meeting was adjourned at 7:50 p.m.
-�1
APPROVED THIS /7 DAY OF 011.
Carole Steen, Pres'.n g Officer
ATTEST: C-1-"Ge.4
Debbie Scarcella, City Planner