HomeMy WebLinkAbout10152009 ZBA Minutes City of West Universit y Place
A Neighborhood City
® Recycled Paper ZONING BOARD OF ADJUSTMENT
BILL WATSON CONFERENCE ROOM, MUNICIPAL BUILDING
3800 UNIVERSITY BOULEVARD
MEETING MINUTES
October 15, 2009
6:30 p.m.
1. MEMBERS Richard Wilson (voting), Carole Steen (voting), Glenn Roberts
PRESENT: (voting), Samantha Brantley(voting), Frank Vargas, Jr. (voting)
and Martha Bersch
11. MEMBERS ABSENT: Cliff Thuot, Andrew Zeve and Jeanne Howse
III. STAFF PRESENT: Alan Petrov, Legal Counsel, Debbie Scarcella, City Planner and
Sallye A. Clark, Planning Assistant
IV. CALL TO ORDER: 6:30 p.m.
Agenda Item Discussion Action
1 Call the meeting to Richard Wilson called the meeting to order at Frank Vargas, Jr. moved to accept
order and Protocol. 6:30 p.m. Richard Wilson asked all members that all notices were properly
Notices, Rules, Etc. and staff to introduce themselves. Sallye A. posted and distributed for this
Clark, Planning Assistant stated all notices meeting. Motion was 2"d by
were posted as required by city and state law. Samantha Brantley. Richard
Swearing in of witnesses. Wilson, Carole Steen, Glenn
Roberts, Samantha Brantley, and
Frank Vargas, Jr. voted aye.
Motion passed. Richard Wilson
administered the oath to all
witnesses.
2 Docket No. 2009-09 Richard Wilson gave background from Richard Wilson made a motion to
Property at 3415 previous hearing on August 20, 2009. reopen the hearing for the limited
Amherst Street, Deliberations were suspended to ask purpose for new information.
West University homeowners to try to come to some agreement. Motion was 2"d by Frank Vargas,
Place, Texas 77005 Wayne and Bruce Bardwell, 3019 Ferndale, Jr. Richard Wilson, Carole Steen,
(Special Exception, stated that they had come to an agreement with Glenn Roberts, Samantha Brantley,
recessed and James and Rebecca Shields to acknowledge the and Frank Vargas, Jr. voted aye.
continued from survey of the Shields for the boundary line on Motion passed.
August 20, 2009 the east side of the property. Frank Vargas, Jr. made a motion
meeting) Applicant requests a special exception to to close the evidentiary portion of
Public hearing acquire PNC status for a side yard docket 2009-09. Motion was 2"d
regarding the encroachment of 2.4 inches at the front corner by Samantha Brantley. Richard
following matters: of the house and 9.6 inches at the rear corner Wilson, Carole Steen, Glenn
Applicant requests a of the house. No One spoke in favor of the Roberts, Samantha Brantley,
special exception per request. Rebecca Shields, 3415; Larry Kelly and Frank Vargas, Jr. voted aye.
Section 12-102, and James Shields spoke in opposition of the Motion passed. After discussion,
Acquiring PNC request. The correspondence that was received Richard Wilson made a motion to
3800 University Boulevard • West University Place, Texas 77005-2899 • 713.668.4441 • www.westu.org
Zoning Board of Adjustment Minutes
October 15, 2009 Meeting
2
status, (e) Certain was that between the Shields, 3415 Amherst grant the Special exception to
Yard encroachments, and Wayne Bardwell, Bardwell Building acquire PNC status for a side yard
Appendix A of the Company. Debbie Scarcella, City Planner encroachment of 2.4" at the front
Code of Ordinances, gave the staff report as follows: corner of the house and 9.6" at the
to acquire PNC status Background Information rear corner of the house under
for a side yard The new house located at 3415 Amherst Section 12-102(e) of the Zoning
encroachment of 2.4 Street is covered by a building permit issued Ordinance. Motion was 2nd by
inches at the front in 2008 and an occupancy certificate issued in Samantha Brantley. Richard
corner of the house February 2009. During the course of Wilson, Carole Steen, Glenn
and 9.6 inches at the construction several surveys were completed- Roberts, Samantha Brantley, and
rear corner of the --form survey, final survey, and topographical Frank Vargas, Jr. voted aye.
house. survey--and filed with the City to show Motion passed.
Deliberation, compliance with the yard (setback)
decisions, other regulations. (See applicant's exhibits). At
action, etc. regarding each phase of construction, these documents
the preceding matters. were checked for compliance. The
documents indicate that the side yard setbacks
complied with the yard (setback) regulations
(Table 7-2 of the Zoning Ordinance), in that
the side yards were at least five feet each side.
In 2009, the adjoining property owner (3419
Amherst Street) had a property survey done.
The survey commissioned by the adjoining
property owner disputed the applicant's
survey as to the location of the east property
line and indicated that there was an
encroachment of the new house into the
eastern side yard. After several rounds of
discussion with the adjoining property owner,
and after a loss of a potential sale of the new
house, the applicant had a survey done by a
third party, who verified the applicant's prior
survey and indicated no encroachment into
the side yard Apparently, the third-party
survey did not resolve the dispute. The Chief
Building Official suspended the occupancy
certificate and a final survey was annotated to
reflect the possible encroachment. The
applicant, in order to prepare for an eventual
sale of the house, decided to apply for the
special exception because the comments of
the adjoining property owner were having "a
serious adverse effect" on the possible sale of
the house. It appears that the applicant seeks
an "if needed" special exception---it would
only apply if an eventual resolution of the
boundary dispute indicates the new house
encroaches into the eastern side yard. (Note:
Zoning Board of Adjustment Minutes
October 15, 2009 Meeting
3
It is possible that a resolution of the boundary
dispute could also affect the overall
dimensions of the building site, which could
require the owner to seek additional relief
from the Board.)
Staff Response Meeting August 20, 2009
The applicant does not believe that the
original surveys were wrong in establishing
the location of the property boundary. The
third-party survey also confirmed the property
boundary location. The adjoining property
owner is just as adamant about the disputed
location of the property boundary as indicated
by the new pin placed by the surveyor.
The correct location of the property boundary
is not an issue that the ZBA has the authority
to decide. This issue must be resolved
between the two parties (or by the courts).
However, staff does believe that any side yard
encroachment resulting from a resolution of
the boundary dispute is within ZBA's
authority to resolve. If the property boundary
is adjusted per the adjoining property owner's
survey, the new house would not comply with
the minimum five-foot side yard rule (Table
7-2 of the Zoning Ordinance). There would
be an encroachment of 2.4 inches at the front
corner of the house, and 9.6 inches at the rear
corner of the house.
Additional Information September 17,
2009 Meeting
The Zoning Board of Adjustment deferred the
deliberations of this docket item to the
September 17, 2009 meeting to give the
applicant and adjoining property owner
opportunity to discuss possible resolution to
the discrepancy in the location of the shared
property line. The applicant has submitted an
update which indicates that the two parties
have agreed to the location of the property
line. The applicant concedes that the property
width at the rear of the lot is less than 47.50
feet. Staff believes that the ZBA has
generally the authority to issue the requested
special exception as provided for in Section
12-102(e) of the Zoning Ordinance. The
ZBA may only issue such a special exception
if the applicant demonstrates all of the
Zoning Board of Adjustment Minutes
October 15, 2009 Meeting
4
following:
The encroachment was inadvertent and
neither misrepresented to the City nor hidden
from City officials, The encroachment will
not cause a substantial adverse effect on other
persons, and the encroachment does not
create a significant health or safety risk. In
addition to the findings listed in 12-102(e), to
issue the special exception, the ZBA must
find the following as provided in Section 11-
102(b) of the zoning regulations: The ZBA
has determined 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, the ZBA has determined that the
proposed special exception will be in
harmony with the general purpose and intent
of[the Zoning Ordinance]; the ZBA has
made any additional findings and
determinations required by a specific
provision of the Zoning Ordinance. If the
Board issues the special exception, staff
recommends adding special wording to make
it clear that: (i) the special exception would
only apply if the boundary dispute is resolved
to indicate that the new house encroaches into
the eastern side yard and; and (ii) the special
exception would not cover any changes in the
overall dimensions of the building site.
3 Docket No. 2009-10, David Crow, Stonehenge Builders and Simon Frank Vargas, Jr. made a motion
Property at 3505 Farrant, 3505 Tangley gave the presentation to close the evidentiary portion of
Tangley, West of the Special Exception request for docket docket 2009-10. Motion was 2"d
University Place, 2009-10. No one spoke in favor of or in by Samantha Brantley. Richard
Texas 77005 opposition of the request. Correspondence Wilson, Carole Steen, Glenn
(Special Exception) was received in favor of the request from Roberts, Samantha Brantley,
Public hearing Chris and Kelly Watson, 3516 Tangley. No and Frank Vargas, Jr. voted aye.
regarding the correspondence was received in opposition of Motion passed. After discussion,
following matters: the request. Debbie Scarcella, City Planner Richard Wilson made a motion to
Applicant requests a gave the staff report as follows: grant the Special exception
special exception per Background Information to acquire PNC status for a side
Section 12-106 yard encroachment of 2" for the
Special Exception, The new house located at 3505 Tangley is projection of two fireplace boxes
Certain work under
covered by a building permit issued in 2007. and the northeast corner of the
e
•
Zoning Board of Adjustment Minutes
October 15, 2009 Meeting
5
permit, and Section The plans were approved as per the new structure and the structure
12-102 Acquiring applicant's attachments (Exhibit#1 and#2) acquires Prior Non-Conforming
PNC Status (e), and showed two fireplace chimneys status for two side yard
certain yard projecting into to the side yard setback by encroachments of two inches for the
encroachments, 14". The building site is 75 feet wide and the fireplace chimneys and the front
Appendix A of the minimum side yard setback is 7.5 feet. (northeast) corner of the structure.
Code of Ordinances, During the course of construction a form Motion was 2nd by Samantha
to acquire PNC survey and foundation survey were submitted Brantley. Richard Wilson, Carole
status for a side yard and approved in order to move to the next Steen, Glenn Roberts, Samantha
encroachment of 2" phase of construction. At the time of final Brantley, and Frank Vargas, Jr.
for the projection of inspections, a final survey was submitted, and voted aye. Motion passed.
two fireplace boxes the projection into the side yard setback of
and the northeast two inches was noted at both fireplace
corner of the new chimneys and the northeast corner of the
structure. Appendix structure. In order to assist the homebuyer
A of the Code of with the loan process, a temporary certificate
Ordinances, to of occupancy was issued, pending the hearing
extend and/or on this application.
reinstate PNC status Staff Response
for the existing side The zoning regulations allow certain
setback and non projections into the regulated yards. These
garage space, and for allowed projections are contained in Article
the proposed 7, Table 7-6 entitled "Projections". A
dormers. fireplace chimney is allowed to project into
Deliberation, the side yard a maximum of 12 inches. The
decisions, other projection of this structure is fourteen inches,
action, etc. regarding and was indicated as such on the approved
the preceding plan. At the time the plan was approved,
matters. there was a misprint in the code of ordinances
that appeared to allow an encroachment of 15
inches into the side yard. This misprint was
discovered last year and has now been
corrected. Staff believes this plan may have
been erroneously approved based upon the
misprint. Upon learning at the time of final
inspections that there was an encroachment,
the builder immediately conferred with the
building official and applied for the special
exception.
Additionally, the building official discovered
an encroachment at the northeast corner of the
structure that is due to an inadvertent error or
misplacement of form boards on the lot. The
applicant included this with the first request.
Staff believes that the ZBA has generally the
authority to issue the requested special
exception to grant PNC status for the front
Zoning Board of Adjustment Minutes
October 15, 2009 Meeting
6
encroachment into the side yard as provided
for in Section 12-102(e) of the Zoning
Ordinance. The ZBA may only issue such a
special exception if the applicant
demonstrates all of the following:
The encroachment was inadvertent and
neither misrepresented to the City nor hidden
from City officials. The encroachment will
not cause a substantial adverse effect on other
persons, and the encroachment does not
create a significant health or safety risk. The
ZBA also has generally the authority to issue
the requested special exception to grant PNC
status for the fireplace chimney encroachment
into the side yards as provided for in Section
12-106 of the zoning regulations. The ZBA
may issue a special exception if the ZBA
finds: The nonconformance was clearly and
specifically shown in plans and specifications
duly submitted to obtain a city permit;
Before the work was done, neither the owner,
the designer the surveyor, the contractor nor
any other person assisting with the work
knew about the noncompliance; The non
conformance was clearly covered by the city
permit, and the permit was regularly issued;
After learning of the nonconformance, the
owner promptly conferred with the
administrative official and halted any further
nonconforming work; The item will neither
constitute a health or safety hazard nor cause
a significant impact upon another person or
property; and, the item can be brought into
conformance with this section within the time
period specified in the special exception, at a
modest or reasonable cost.
Exception: Bringing the item into
conformance need not be required if the ZBA
finds that the impact of the item on other
persons or properties is either nil or
extremely small.
In addition to the findings listed in 12-102(e),
to issue the special exception, the ZBA must
find the following as provided in Section 11-
102(b) of the zoning regulations:
The ZBA has determined the proposed
special exception will not cause any
Zoning Board of Adjustment Minutes
October 15, 2009 Meeting
7
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. The ZBA has determined that
the proposed special exception will be in
harmony with the general purpose and intent
of[the Zoning Ordinance]; the ZBA has made
any additional findings and determinations
required by a specific provision of[the
Zoning Ordinance].
4 Docket No. 2009-12, Dave Novelli, 3429 Albans gave the Frank Vargas, Jr. made a motion
Property at 3420 presentation of the Special Exception request to close the evidentiary portion of
Albans, West for docket 2009-12. No one spoke in favor of docket 2009-12 Motion was 2nd
University Place, or in opposition of the request. by Samantha Brantley. Richard
Texas 77005 (Special correspondence was received in favor of the Wilson, Carole Steen, Glenn
Exception) Public request from Joseph Studlick, 5321 Sewanee Roberts, Samantha Brantley,
hearing regarding the and Ralph Pokluda, 5320 Sewanee. and Frank Vargas, Jr. voted aye.
following matters: Correspondence was received in opposition Motion passed. After discussion,
Applicant requests a from Cather Tsai, 3412 Albans. Debbie Richard Wilson made a motion to
special exception per Scarcella, City Planner gave the staff report as grant Special exception to allow an
Table 7-5a Parking, follows: alternate design for a curb cut and
driveways, etc., Note driveway section per Table 7-5a,
7 Special Exceptions, Background Information Note 7 of the Zoning Ordinance
Appendix A of the with the following condition that
Code of Ordinances, The applicant received a permit to construct a the driveway section may not
to allow a curb cut and new residence with an attached, side loading exceed a maximum of 30'
driveway section up to (from Sewanee) two-car garage with a beginning the measurement from
40' wide instead of driveway width of 20' and curb cut width of the northern edge of the northern
24'. The property is located on the northeast
the maximum 24' wall of the northern garage bay.
allowed. corner of Albans and Sewanee. The driveway The curb cut may not exceed a
Deliberation, and curb cut widths are within the maximum maximum of 34' in width. Motion
decisions, other dimensions specified in Table 7-5a of the was 2nd by Samantha Brantley.
action, etc. regarding zoning regulations. There was an additional Richard Wilson, Carole Steen,
the preceding matters.
10' x 15' concreted area"parking pad Glenn Roberts, Samantha
connecting the driveway to a side entrance
into the structure shown and approved on the Brantley, and Frank Vargas, Jr.
plans. The applicant now wishes to utilize voted aye. Motion passed.
the existing curb cut and approach to the
garage located on the south side (right side if
facing the driveway looking from Sewanee).
By doing this, the applicant would effectively
increase the driveway width to 30' and the
curb cut width to 40'.
Staff Response
Table 7-5a, Note 7 provides for a special
Zoning Board of Adjustment Minutes
October 15, 2009 Meeting
8
exception to be granted for alternative
parking areas, driveways and maneuvering
areas. The applicant consulted with the
Urban Forester regarding a 26" Ash tree
located adjacent to the driveway. The Urban
Forester stated that although there will be
some impact to the tree no matter what plan is
followed, utilizing the existing driveway
would create less of an impact to the Ash tree
than the approved parking pad.
The ZBA has the authority to grant a special
exception for parking areas, driveways, and
maneuvering areas if it finds that 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; the other location or
design will prevent the destruction of a
qualified tree; 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 the location or
design requested is necessary for safety
consideration.
Section 11-02 further requires that the ZBA
consider the following circumstances and find
them to be present:
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. The proposed
special exception will be in harmony with the
general purpose and intent of this ordinance.
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 or variance. If the Board
grants a special exception or variance, the
Board can attach conditions.
5 Minutes. August 20, 2009
Zoning Board of Adjustment Minutes
October 15, 2009 Meeting
9
Minutes were tabled.
Adjournment. Richard Wilson made a motion
to adjourn the meeting. Motion
was 2nd by Frank Vargas, Jr.
Richard Wilson, Carole Steen,
Glenn Roberts, Samantha
Brantley, and Frank Vargas, Jr.
voted aye. Motion passed. The
meeting was adjourned
at 9:00 p.m.
PASSED THIS t LO) DAY O 4. .,�. . r 010
4
Richard Wilson, Presiding Officer
11 , � 1,
ATTES' k _ _ y. _: , ,.
Sallye A. Clark 'lanning Assistant