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