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HomeMy WebLinkAbout11172011 ZBA Minutes City of West University Place A Neighborhood City Recycled Paper ZONING BOARD OF ADJUSTMENT MUNICIPAL BUILDING 3800 UNIVERSITY BOULEVARD SPECIAL AND REGULAR MEETING MINUTES November 17,2011 5:45 p.m. I. MEMBERS PRESENT: Carole Steen(voting), Samantha Brantley(voting), Sandy Hellums (voting), Priya Coffey(voting),Milton Frankfort(voting), Ed Sobash, Don Culbert, and Donald Yurewitz II. MEMBERS ABSENT: Katherine Brem III. STAFF PRESENT: Debbie Scarcella, City Planner and Jolie Lenz, City Legal Counsel IV. CALL TO ORDER: 5:55 pm. Agenda Item Discussion Action 1 Call the special Carole Steen called the special meeting to order at Debbie Scarcella administered the oath meeting to order. 5:55 p.m. Carole Steen asked Debbie Scarcella to of office to them members present. Administer the Oath of administer the oath of office to the members. Carole Office. Steen asked each member to briefly introduce themselves. 2 Designation of Vice Carole Steen discussed the duties of the Vice Chair Milton Frankfort nominated Samantha Chair. and explained that this term City Council delegated Brantley as Vice Chair for the 2011- the appointment of a Vice Chair to the board 2013 term. Motion 2nd by Sandy members. Hellums. Motion carried. 3 Orientation Briefing. Debbie Scarcella gave a brief orientation briefing Sandy Hellums moved to adjourn the regarding a short overview of the Zoning Board of special session at 6:19 pm. Motion 2nd Adjustment functions including regulations, rules, by Milton Frankfort. Motion carried. procedures, communications and jurisdiction. Discussion followed concerning specific questions about the presentation. Members were reminded of the Orientation Dinner to be held on December 1, 2011 at Papasito's Restaurant. 4 Call the regular Carole Steen called the meeting to order at 6:30 p.m. Samantha Brantley moved to accept meeting to order and Carole Steen asked the members to introduce that all notices were properly posted Protocol. themselves.Debbie Scarcella,City Planner stated all and distributed for this meeting. Notices,Rules,Etc. notices were posted as required by city and state Motion was 2nd by Priya Coffey. Ayes: law. Carole Steen described the procedure of the Carole Steen, Samantha Brantley,Priya hearings. Coffey, Sandy Hellums and Milton Swearing in of witnesses. Frankfort. Motion carried. Carole Steen administered the oath to all witnesses. 5 Docket No. 2011-03, Debbie Scarcella gave a brief background of Samantha Brantley made a motion to Property at 2728 Docket 2011-03. The building site is located in a close the evidentiary portion of the Plumb, West Single Family 3 (SF-3)zoning district at the _ hearing. Motion was 2nd by Milton 3826 Amherst Street• West University Place,Texas 77005-2830• 713.668.4441 • www.westu.org Zoning Board of Adjustment Minutes November 17, 2011 Meeting 2 University Place,Texas intersection of Plumb Street and Wakeforest. The Frankfort Ayes: Carole Steen, 77005(Variance) building site is irregularly shaped and was Samantha Brantley, Priya Coffey, Public hearing regarding originally platted to front Plumb Street. Historical Sandy Hellums and Milton Frankfort. the following matters: and current orientation still fronts Plumb Street. Motion carried. Variance. The applicant In 2007,the front yard(setback)was established requests relief from based on the requirements for an irregularly After deliberation, Milton Frankfort Article 7, Section 7-6, shaped lot. The front yard(setback) is twenty feet. moved to grant the variance to locate the "Fences" of Appendix A Generally, fences are allowed to project into side fence in the front yard setback. Motion (Zoning Ordinance) of and rear yard(setbacks)as long as they comply was 2nd by Sandy Hellums. Ayes: the Code of Ordinances with Chapter 18 of the Code of Ordinances. Carole Steen,Samantha Brantley,Priya of the City of West Fences are prohibited to project into the front yard Coffey, Sandy Hellums and Milton University Place through (setback) in a SF-3 zoning district. Frankfort. Motion carried. Variance a variance to allow the While constructing a pool earlier this year, a granted. existing fence to project temporary construction fence was erected as into the front yard. required by ordinance. A temporary construction Deliberation, decisions, fence is allowed to project into the front yard for other action,etc. the duration of construction. Once the pool regarding the preceding construction was completed, a permanent fence matters. was erected without a permit and erected in the same location as the temporary fencing. This location encroaches or projects into the front yard (setback) Table 7-6 establishes the parameters by which certain structures or parts of structures may project or encroach into the minimum established yards (setbacks). Table 7-6 clearly does not allow a fence projection into the front yard(setback). In addition, Chapter 18 of the Code of Ordinances further prohibits the erection of a fence past the main front wall of a structure. The applicant has discussed moving the fence so that it complies with the regulations, but does not want to lose a portion of the area that now functions as a side/rear yard. There are existing plantings that now screen the fence that could function as a barrier to delineate the established recreation area. The applicant, Gary Tanner,made a presentation giving his reasons for requesting the variance. Mr. Tanner believed that the existing temporary fence was an approved location for the permanent fencing. Because of the odd shape of the lot,they didn't know that the location of the fence was located in the front setback. The hardship is that because there is an irregular shape to the lot, much of their side yard is not of use. The fencing is wrought iron and is obscured by a hedge row. Staff received one letter opposed to the request and no correspondence in favor of the request. Allan and Kacie Elkowitz, 2904 Plumb, spoke in Zoning Board of Adjustment Minutes November 17, 2011 Meeting 3 favor of the request.No one spoke in opposition of the request. Staff believes that the ZBA has generally the authority to grant variances, but according to Section 11- 102,the ZBA may not issue a variance unless all of the following circumstances are present: (1)The ZBA must make all findings and determinations required by ordinance and state law for the granting of a variance, which are: (i) due to special conditions, a literal enforcement of the Zoning Ordinance provision would result in unnecessary hardship,(ii)by granting the variance,the spirit of the ordinance is observed and substantial justice is done, and(iii)the variance is not contrary to public interest. The burden is on the applicant to prove each of these statutory elements. (2)The ZBA must make any additional findings and determinations required by a specific provision of this ordinance that relates to the variance. (3)The variance must be reduced to writing including any conditions prescribed by the ZBA or required by this ordinance for the variance in question. Section 11-102 of the zoning regulations also states that a"special condition" or"hardship" that is self-created, personal or based only on financial reasons is not sufficient on its own to support the issuance of a variance. 6 Docket No. 2011-04, Debbie Scarcella gave a brief background of Priya Coffey made a motion to close Property at 2828-N Docket 2011-04. The address of the variance the evidentiary portion of the West Holcombe request is located in Planned Development District hearing. Motion was 2"d by Samantha Boulevard, West -TH1 (PDD-TH1) located on West Holcombe Brantley. Ayes: Carole Steen, University Place,Texas Boulevard east of Brompton Avenue. The Samantha Brantley, Priya Coffey, 77005 (Variance). townhome development was platted in 1999 and Sandy Hellums and Milton Frankfort. Public hearing regarding subsequently constructed with 14 townhome units. Motion carried. the following matters: (Variance) The When the development was platted as a singular After deliberation, Milton Frankfort applicant requests building site, a 10'front yard(setback)was moved to grant the variance as requested. requests relief from established along West Holcombe Boulevard. Motion was 2nd by Samantha Brantley. Article 7, Section 7-6, When the units were constructed,they were built Ayes:Carole Steen,Samantha Brantley, "Mechanical Equipment with the front of the townhome facing an internal Priya Coffey, Sandy Hellums and Prohibited in Front Yard" private driveway. The units along West Milton Frankfort. Motion carried. of Appendix A (Zoning Holcombe Boulevard therefore, have the rear of Variance granted. Ordinance) of the Code the structure oriented toward the regulated front of Ordinances of the City yard(setback). of West University Place Zoning Board of Adjustment Minutes November 17, 2011 Meeting 4 through a variance to Due to medical conditions,the applicant must allow a generator to strive to keep the structure climate controlled and project into the front keep an uninterrupted supply of electric power for yard. various medical equipment. The applicant applied Deliberation, decisions, for a permit through a contractor to install a other action, etc. generator at the rear of the townhome,the location regarding the preceding of which is in the platted,regulated front yard matters. (setback). Staff denied the permit and tried to work with the contractor and applicant to find a solution that would allow the generator to be installed in an alternate location on the site. There is not enough room between adjacent structures to place the generator on the side of the townhome. A satisfactory spot could not be located in front of the townhome. The applicant seeks relief from the board to allow the generator to be installed in the regulated front yard(setback)at the rear of the structure. Table 7-6 establishes the parameters by which certain structures or parts of structures may project or encroach into the minimum established yards (setbacks). Generally,very few structures with a height of more than 6"are allowed in the front yard. Even though the structure is not oriented towards the regulated front yard(i.e., front door facing front yard),the front yard was established by subdivision plat of the building site. The applicant is proposing to install the generator in a niche in the brick wall that delineates the front property line of the site. The niche would partially obstruct the generator,therefore giving it some screening from adjoining townhomes. There is some existing landscaping,but other plantings might provide more screening and help with noise abatement. The applicant,Katherine Yeamans,made a presentation to the Zoning Board of Adjustments. The applicant is concerned with keeping a controlled climate for her disabled husband during possible loss of electrical power. There is not a suitable alternate location for the generator on the property. There are other air-conditioning units located in similar places along the back of their properties that back up to Bellaire Boulevard. The unit is rated to meet the noise ordinance regulations. Staff received three a-mails in favor of the request. John Smitherman and Jesse Yew spoke in favor of the application. No one spoke in opposition of the request. Staff believes that the ZBA has generally the authority to grant variances, but according to Zoning Board of Adjustment Minutes November 17,2011 Meeting 5 Section 11- 102,the ZBA may not issue a variance unless all of the following circumstances are present: (1)The ZBA must make all findings and determinations required by ordinance and state law for the granting of a variance,which are: (i) due to special conditions, a literal enforcement of the Zoning Ordinance provision would result in unnecessary hardship, (ii)by granting the variance,the spirit of the ordinance is observed and substantial justice is done, and(iii)the variance is not contrary to public interest. The burden is on the applicant to prove each of these statutory elements. (2)The ZBA must make any additional findings and determinations required by a specific provision of this ordinance that relates to the variance. (3)The variance must be reduced to writing including any conditions prescribed by the ZBA or required by this ordinance for the variance in question. Section 11-102 of the zoning regulations also states that a"special condition" or"hardship"that is self-created,personal or based only on financial reasons is not sufficient on its own to support the issuance of a variance. 7 Meeting Minutes. Approval of meeting minutes of May 19, 2011. Samantha Brantley moved to approve the minutes as written. Motion was 2nd by Carole Steen. Ayes: Carole Steen, Samantha Brantley, Priya Coffey, Sandy Hellums and Milton Frankfort. Motion carried. 8 Adjournment. Sandy Hellums moved to adjourn the meeting. Motion was 2nd by Milton Frankfort. Ayes: Carole Steen, Samantha Brantley, Priya Coffey, Sandy Hellums and Milton Frankfort. Motion carried. The meeting was aapl adjourned at 7:40 p.m. APPROVED THIS DAY OF 2012. Carole Steen, ZBA. residing Officer ATTEST: Debbie Scarcella,City Planner