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HomeMy WebLinkAbout01172013 ZBA Agenda Item 2 AGENDA ITEM # 2 ZONING BOARD OF ADJUSTMENT MUNICIPAL BUILDING 3800 UNIVERSITY BOULEVARD REGULAR MEETING MINUTES July 19, 2012 6:30 pm I. MEMBERS PRESENT: Carole Steen(voting), Samantha Brantley(voting),Priya Coffey (voting),Ed Sobash (voting alternate), and Katherine Brem(voting alternate) II. MEMBERS ABSENT: Sandy Hellums,Milton Frankfort, Don Culbert and Don Yurewicz III. STAFF PRESENT: Jolie Lenz,Legal Counsel, Chris Peifer Assistant City Manager/Public Works Director, Debbie Scarcella, City Planner and Sallye Clark, Planning Assistant IV. CALL TO ORDER: 6:30 pm. Agenda Item Discussion Action 1 Call the meeting to Carole Steen called the meeting to order at 6:30 p.m. Samantha Brantley moved to accept order. Notices, Rules, Carole Steen asked each member to briefly that all notices were properly posted Etc. introduce themselves. Debbie Scarcella, City and distributed for this meeting. Planner stated all notices were posted as required by Motion was 2nd by Priya Coffey.Ayes: city and state law. Carole Steen described the Carole Steen,Samantha Brantley,Priya procedure of the hearings. Coffey, Ed Sobash and Katherine Swearing in of witnesses. Brem. Motion carried. Carole Steen administered the oath to all witnesses. 2 Docket No. 2012-06, Debbie Scarcella gave a brief background and Samantha Brantley made a motion to Property at 3756 explanation of the request made in Docket 2012- close the evidentiary portion of the University Boulevard, 06. The building site is located in a Single Family hearing. Motion was 2nd by Priya West University Place, 3 (SF-3) zoning district and contains a public Coffey Ayes: Carole Steen, Samantha Texas 77005 (Special school "use" through a special exception granted Brantley,Priya Coffey,Ed Sobash and Exception) in 2004 The applicant applied for and received a Katherine Brem. Motion carried. Public hearing regarding modification of the special exception in 2009 the following matters: which authorized a temporary classroom building After deliberation, Samantha Brantley Special Exception. The for two years on the site. The special exception moved to grant the special exception for a applicant requests relief modification expired in August of 2011. A new maximum of three classroom buildings from Table 7-1, Note 3, special exception was requested that would for a period of two years. The buildings "Accessory Uses and authorize up to five temporary classroom buildings are limited to classroom use only. Structures",of Appendix for a period not to exceed five years. Motion was 2nd by Ed Sobash. Ayes: A(Zoning Ordinance)of Carole Steen,Samantha Brantley,Priya the Code of Ordinances Mr. John Threat, principal of the school and the Coffey, Ed Sobash and Katherine of the City of West owner's representative, made a brief presentation Brem. Motion carried. Special University Place to allow of the request from the school district's Exception granted. by special exception the perspective. The classrooms needed(3 buildings placement of up to five and 6 classrooms this year)will house several temporary portable elective type classrooms and two fifth grade buildings on the site. classrooms. He is trying to keep all of the grade Zoning Board of Adjustment Minutes July 19, 2012 Meeting 2 Deliberation, decisions, levels together,but the number of students other action,etc. enrolled keeps increasing. regarding the preceding matters. Mr. Threat discussed the enrollment increases, teachers without permanent classrooms, addition of 4 new Kindergarten teachers in the last 3 years to meet state law requirements, and more students are being enrolled instead of opting for the private schools because of the economy. Staff then answered questions regarding traffic,parking and utilities and the effect on these facilities if additional classrooms are brought in. Mr. Threat answered more questions regarding the layouts of classrooms, restrooms, and number of students per classroom requirements. Staff received no correspondence in favor or in opposition of the request. Staff believes that the ZBA has the authority to grant this special exception,but the ZBA may not issue a special exception per section 11-102(b) unless all of the following circumstances are present: (i)The proposed special exception will not cause any significant increase in on-street parking; (ii)the proposed special exception will not cause any substantial traffic congestion; (iii) the proposed special exception will not cause any substantial increase in traffic; (iv)the proposed special exception will not cause an unreasonable burden upon utility systems or upon any other public facility or public service; (v)the proposed special exception is consistent with, and in harmony with,the general purpose and intent of the Zoning Ordinance. In addition,the ZBA must find that the accessory use and structures, as specified and limited by this decision, is (i) subordinate and incidental to a lawful principal building and use on the same building site, and(ii)necessary or convenient for a lawful principal use of such building. A specific number of units and/or time limit can be placed on the use of the temporary classroom building as a condition of the special exception. 7 Meeting Minutes. Approval of meeting minutes of April 19, 2012 Samantha Brantley moved to approve and May 17, 2012. the minutes of April 19 as corrected. Motion was 2"d by Katherine Brem. Ayes: Carole Steen, Samantha Brantley,Priya Coffey,Ed Sobash and Katherine Brem. Motion carried. Zoning Board of Adjustment Minutes July 19, 2012 Meeting 3 Ink pa. Samantha Brantley move to approve the minutes of May 17,2012 as written. Motion was 2nd by Katherine Brem. Ayes: Carole Steen, Samantha Brantley,Priya Coffey,Ed Sobash and Katherine Brem. Motion carried. 8 Adjournment. Samantha Brantley moved to adjourn the meeting. Motion was 2nd by Priya Coffey. Ayes: Carole Steen, Samantha Brantley,Priya Coffey,Ed Sobash and Katherine Brem. Motion carried. The meeting was adjourned at 7:10 p.m. APPROVED THIS DAY OF 2012. Carole Steen,Presiding Officer ATTEST: Debbie Scarcella, City Planner