Loading...
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