HomeMy WebLinkAbout03182010 ZBA Minutes City of West Universit y Place
A Neighborhood City
e: Recycled Paper ZONING BOARD OF ADJUSTMENT
MUNICIPAL BUILDING
3800 UNIVERSITY BOULEVARD
MEETING MINUTES
March 18, 2010
6:30 p.m.
I• MEMBERS PRESENT: Richard Wilson(voting), Jeann Howse(voting),Frank Vargas, Jr.
(voting), Samantha Brantley(voting), Carole Steen(voting), Glenn
Roberts,Martha Bersch, Cliff Thuot and Andrew Zeve
II. MEMBERS ABSENT: None
III. STAFF PRESENT: Debbie Scarcella, City Planner,Alan Petrov, City Legal Counsel 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 Jeann Howse moved to accept that
order and Protocol. 6:30 p.m. Richard Wilson asked all members all notices were properly posted and
Notices,Rules, Etc. and staff to introduce themselves. Sallye A. distributed for this meeting. Motion
Clark, Planning Assistant stated all notices was 2nd by Frank Vargas, Jr. Ayes:
were posted as required by city and state law. Richard Wilson, Jeann Howse and
Swearing in of witnesses. Frank Vargas, Jr. Samantha
Brantley and Carole Steen. Motion
passed. Richard Wilson
administered the oath to all
witnesses.
2 Docket No. 2009-11, Joan and Frank Murin gave a presentation for Richard Wilson made a motion to
Property at 3130 Docket 2009-11, 3130 Jarrard. The permits have grant the time extension to March
Jarrard (Time been filed and are already waiting to be issued,but 14,2010. Motion was 2nd by Carole
Extension Request) the time framed allowed by the decision is about to Steen. Ayes: Richard Wilson,
Time extension expire. The Murin's request an extension for 90 Jeann Howse, Frank Vargas, Jr.,
days.
request regarding the Debbie Scarcella, City Planner gave the Samantha Brantley and Carole
following matters: background and staff response as follows: Steen. Motion passed.
Prior Non- The applicant's request for a special exception After further discussion, Richard
Conforming status. originally heard on August 20,2009,required the Wilson asked to get legal counsel's
Applicant requests a applicant apply for a building permit by December opinion on giving leeway to the
time extension 14, 2009. The applicant stated that personal Administrative Official to extend the
relating to Docket problems prevented her from pursuing submittal time frames on extensions. Alan
2009-11 (variance of the application within the allotted time. The Petrov advised that the ZBA would
granted August 20, applicant submitted plans on February 17, 2010 have to amend the Rules of Procedure
2009). Time but the plans were put on hold pending the to give that authority to the
extension is extension request. The applicant does not Administrative Official. Staff was
requested to allow anticipate needing additional time to complete the instructed to present a proposal for
additional time to project. consideration at the next meeting.
3800 University Boulevard • West University Place, Texas 77005-2899 • 713•668•4441 • www.westu.org
Zoning Board of Adjustment Minutes
March 18, 2010 Meeting
2
request a permit. The decision in Docket 2009-11 states that "no .
Deliberation, extension of any prescribed time period in this
decisions, other decision may be granted without authorization
action, etc. regarding from this board". In addition, the decision does
the preceding not require additional notice or hearing in order to
matters. grant an extension of time. Since the original time
frame of ninety(90) days expired on December
14,2009,an additional ninety(90)days will take
the applicant to March 14, 2010. Since the
applicant submitted the plans on February 17, an
extension through that date will be sufficient to
allow a permit to be issued.
Sallye Clark,Planning Assistant, stated that no
correspondence was received in favor of
opposition to the requests. No one spoke in
opposition of the request. No one spoke in
favor of the request.
3 Docket No. 2010-01, Ray Schutter, owner of 3622 University Jeann Howse made a motion to
Commercial Boulevard gave a presentation of the close the evidentiary portion of the
Business at 3622 Variance request. The property is located just hearing. Motion was 2nd by Frank
University Blvd., east of Poor Farm Ditch and is in a single- Vargas, Jr. Ayes: Richard Wilson,
West University family zoning district. The use of the Jeann Howse and Frank Vargas,Jr.,
Place, Texas 77005 property has been commercial for many years Samantha Brantley and Carole
(Variance). and is authorized through a special exception Steen. Motion passed.
Deliberation, issued on August 19, 1999. The special During discussion, the Board
decisions, other exception will expire September 10, 2014. determined that a section
action,etc.regarding The building contains 2,390 square feet and regulating parking in Article 10
the following currently houses West University Travel. The allowed that when a change in use
matters: applicant recently leased 400 square feet to a caused an increase in the number
Public hearing retail furniture business on a short term, of parking spaces, the incremental
regarding the temporary basis. Once the temporary lease parking could be provided by
following matters: expires, the applicant plans to lease 1,000 spaces located within 300 feet of
Applicant requests a square feet to a fitness facility, thus creating a the business. The ZBA asked the
variance to allow the two business building. This does not expand applicant if he would like to
use of three (3) or increase the non-conformity of the use withdraw his application and
stacked spaces since both businesses are light commercial, request a refund of the filing fees.
behind designated but it will require additional parking spaces Jeann Howse moved that the
employee parking be provided on an incremental basis. The application fees be refunded to the
spaces and two (2) applicant can currently provide 9 regular applicant. Richard Wilson
head in parking spaces on the building site and 3 regular seconded the motion. Ayes:
spaces in front of the spaces in the immediate adjacent right of Richard Wilson, Jeann Howse,
building as required way. The fitness business will cause a total Frank Vargas, Jr., Samantha
parking spaces. of 16 spaces, or 6 more spaces than currently Brantley and Carole Steen. Motion
required. The applicant proposes to provide 3 passed.
additional spaces in the rear, and asks a
variance to authorize the use of the front
Deliberation, spaces to fulfill the three required remaining
Zoning Board of Adjustment Minutes
March 18, 2010 Meeting
3
decisions, other spaces.
action, etc. regarding No correspondence in opposition to or in
the preceding favor of the request was received. Mike
matters. Starr,with Miles Associates of Texas, Inc., an
architectural firm, spoke in favor of the
request. Mr. Starr described the type of
physical fitness operations planned and style
of exercises such as yoga and meditation.
There will be no exercise equipment and
limited personal trainers throughout the day
with evening/daytime classes. Susan Osfeldt,
4101 Tennyson, spoke in opposition of the
request.
Debbie Scarcella, Building Official gave the
background and staff report as follows:
Section 10-103 of the zoning regulations
mandates that all required parking spaces be
located on the same building site as the
building space served. There is an exception
for parking spaces located within 300 feet of
the building served when an increase in the
number of spaces is required by a change or
enlargement of use. This section could
authorize the use of the four existing front
spaces to contribute towards meeting the
minimum number of required spaces. Section
7-5a Note 3 requires all required parking
spaces to be kept open, readily accessible and
used for parking only. The proposed stacked
parking arrangement will not leave the three
existing head in parking spaces along the
west property line open or readily accessible
at all times. For this reason the applicant is
requesting a variance to reduce the number of
required onsite spaces and allow the use of
the four existing front spaces. The Board
may also consider attaching conditions to
prevent overflow parking by restricting the
operations of the new physical fitness unit,
limiting the number of occupants in the
building at one time, and limiting the hours of
operations of the businesses.
4 Minutes. Jeann Howse made a motion to
January 21,2010 approve the minutes from the
meeting. January 21, 2010 meeting as
Zoning Board of Adjustment Minutes
March 18, 2010 Meeting
4
amended. Motion was 2nd by
Samantha Brantley. Ayes:Richard
Wilson, Jeann Howse, Frank
Vargas, Jr., Samantha Brantley and
Carole Steen. Motion passed.
Minutes approved.
Adjournment. Jeann Howse made a motion to
adjourn the meeting. Motion was
2nd by Samantha Brantley. Ayes:
Richard Wilson, Jeann Howse,
Frank Vargas, Jr., Samantha
Brantley and Carole Steen. Motion
passed. The meeting was
adjourned at 7:30 p.m.
PASSED THIS DAY O 2011.
Richard J.Wilson, ing Officer
ATTEST: ∎..1K' � ' -
S. lye A. Clark, 1. ning Assistant