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HomeMy WebLinkAbout01172013 ZBA Minutes� r The City of West University Place • A Neighborhood City ZONING BOARD OF ADJUSTMENT MUNICIPAL BUR.DING 3800 UNIVERSITY BOULEVARD REGULAR MEETING MINUTES January 17, 2013 6:30 pm I. MEMBERS PRESENT: Carole Steen (voting), Samantha Brantley (voting), Priya Coffey Samantha Brantley moved to accept (voting), Milton Frankfort (voting), and Sandy Hellums (voting). Carole Steen asked each member to briefly that all notices were properly posted Non-voting members present were Don Yurewicz and Don Culbert. II. MEMBERS ABSENT: Katherine Brem and Ed Sobash III. STAFF PRESENT: Shelley Eversole, Legal Counsel and Debbie Scarcella, City Planner IV. CALL TO ORDER: 6:30 pm. Agenda Item Discussion Action 1 Call the meeting to Carole Steen called the meeting to order at 6:31 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 2 "d by Priya Coffey. Ayes: city and state law. Carole Steen described the Carole Steen, Samantha Brantley, Priya procedure of the hearings. Coffey, Milton Frankfort and Sandy Swearing in of witnesses. Hellums. Motion carried. Carole Steen administered the oath to all witnesses. 2 Docket No. 2012 -07, Debbie Scarcella gave a brief background and Samantha Brantley moved to close the Property at 4228 explanation of the request made in Docket 2012- evidentiary portion of the hearing. Albans, West 07. The applicant is requesting a variance to the Motion was 2 "d by Priya Coffey Ayes: University Place, Zoning Ordinance regarding Chapter 5, Table 5 -1, Carole Steen, Samantha Brantley, Priya Texas 77005 'Building Site Dimensions ". Table 5 -1 Coffey, Milton Frankfort and Sandy (Variance). establishes the minimum dimensions and square Hellums. Motion carried. a. Public hearing footage for each building site relying on lot depth regarding a request for a and width and when the building site was After deliberation, Carole Steen moved to Variance to Article 5- established. Generally, in SF -3 districts, the deny the application for a variance. 101, 'Building Site minimum lot width before 1987 is fifty (50) feet Motion was 2nd by Milton Frankfort. Dimensions ", Appendix and the minimum depth is one - hundred (100) feet Ayes: Carole Steen, Samantha Brantley, A of the Code of with a total building site square footage of 5,000. Priya Coffey, Milton Frankfort and Ordinances to After 1987, the minimum lot width is seventy -five Sandy Hellums. Motion carried. uncombined three lots (75) feet and one - hundred and ten (110) feet deep Variance denied. and recombine them with a total square footage of 8,250. The three through an owner's lots in question likely have PNC (Prior desi nation of a Nonconforming) Status regarding for depth. Zoning Board of Adjustment Minutes January 17, 2013 Meeting 2 building site. b. Deliberation, Mr. Greg Smith, owner of the property, made a decisions, other action, brief presentation of the request. He discussed the etc. regarding the size of the majority of the lots in the area and preceding matters. pointed out that he is not asking to recombine the lots any differently than they had been originally platted or differently than the existing lots. He answered several questions from the board members who were interested in what his hardship or special condition might be. Staff received no correspondence in favor of or in opposition to the request. Christopher Sebesta, a friend and attorney of the applicant also spoke regarding the application. Staff Response The applicant owns the property and house located at 4236 Albans and purchased the building site located at 4228 Albans. Both building sites are 75' wide and 100' long and contain 7500 square feet. Originally these building sites were platted as three 50' x 100' lots, according to the plat named College Court Place, which was filed for record in Harris County in 1925. At some time between 1925 and 1946 (according to permit records) the property consisting of Lot 22 and the E 1/2 of Lot 23, also known as 4228 Albans, was made a building site through combination, and improved with a residential dwelling and garage. We have not found a record of this division of Lot 23 through a subdivision plat. Upon the passage of the unified zoning regulations in 1987, the city recognized the property as a legal building site with the dimensions of 75' x 100'. The applicant has demolished the structure and garage previously located on this site. The applicant is asking the board to grant a variance which would allow him to recombine the lots so that 4228 Albans (Lot 24) is reduced below the minimum width of 75'. The applicant would still own two building sites, one that is 100' wide and one that is 50' wide. The zoning regulations allow the designation of a legal building site through an "owner's designation of a building site" that is notarized and filed upon application for a permit. In this case, Lot 24 would be reduced by 25' and no longer meet the minimum requirements for a legal building site. A replat of the property cannot be approved if the lot does not meet the minimum lot size requirement. Zoning Board of Adjustment Minutes January 17, 2013 Meeting Staff believes that the ZBA has the authority to grant this variance, but the ZBA may not issue a variance per section 11- 102(a) unless all of the following circumstances are present: (i) The The ZBA has made all findings and determinations required by state law for the granting of a variance. A "special condition" or "hardship" that is self - created, personal or based only on financial reasons is not sufficient to support the issuance of a variance; (ii) The ZBA has made any additional findings and determinations required by a specific provision of this section which relates to the variance; and, (iii) The variance has been reduced to writing and includes any conditions prescribed by the ZBA or required by this section for the variance in question. In addition, the applicant has the burden of presenting evidence to the ZBA and persuading the ZBA that (i) each circumstance required for a variance or special exception is present; and (ii) each required finding and determination is supported by substantial evidence. Conditions may also be put in place to support granting the variance. The board may consider requesting the building site go through the platting procedure. Carole Steen pointed out to the applicant that City Ordinance reflects state law in granting a variance and the board must find that the evidence has been met in order to favorably grant the variance requested. 3 Docket No. 2012 -08, Debbie Scarcella gave a brief background and Samantha Brantley moved to close the Property at 5310 and explanation of the request made in Docket 2012- evidentiary portion of the hearing. 5320 Kirby Drive, 08. The applicant in Docket 12 -08, 2310 and Motion was 2nd by Milton Frankfort. West University 2320 Kirby Dr is requesting two variances to the Ayes: Carole Steen, Samantha Place, Texas 77005 Zoning Ordinance regarding Article 5, Section 5- Brantley, Priya Coffey, Milton (Variance). 100, 'Building Site Requirements" to allow the Frankfort and Sandy Hellums. Motion a. Public hearing combination of the two sites (53 10 and 5320 carried. regarding the following Kirby Dr.) even though they are not contiguous matters: and are separated by a right -of -way. Section 5- After deliberation, Sandy Hellums moved 1. A request for a 100 establishes the minimum criteria in order to to deny the application for variance Variance to Article 5, combine two separate building sites. Additionally, request #1 to combine the building sites. Section 5 -100, 'Building the applicant is requesting that a variance be Motion was 2nd by Milton Frankfort. Site Requirements ", granted to Article 10, Table 10 -100, "Off Street Ayes: Carole Steen, Samantha Brantley, Appendix A of the Code Parking ", to be allowed to reduce the number of Priya Coffey, Milton Frankfort and of Ordinances to allow parking spaces for a food establishment from 10 Sandy Hellums. Motion carried. the combination of two spaces to 4. The ordinance section requires that Variance denied. building sites that are not there be a minimum of 10 spaces per thousand adjacent or abutting to b square feet of gross floor area for a restaurant Milton Frankfort moved to grant the designated as a single containing dine in facilities including indoor or variance with the condition that the Zoning Board of Adjustment Minutes January 17, 2013 Meeting 4 building site; and outdoor facilities. 2. A request for a Variance to Article 10, Mr. and Mrs. Stewart Baker, owners of the specifically Table 10- property and the applicants, gave a presentation 100 Off - Street Parking tc supporting their requests. The old Jack's Carpet waive the requirement space would be split as per the site plan and a for the additional soup and salad restaurant (Salata) would go in. required parking spaces. Mr. Baker believes the two individual sites are b. Deliberation, underutilized in parking and if combined and a decisions, other action, parking variance granted, the number of spaces etc. regarding the would support the addition of a dine -in restaurant. preceding matters. Carole Steen recessed the public hearing at 7:57 pm (1:26:45 in the taped record). The meeting was reconvened at 8:05 pm (1:34:57 on the taped record). The owners of the proposed restaurant, Ashley and John Barneby spoke to the ZBA and answered questions about the site and the operation of the restaurant. The district manager, Stanley Jackson also spoke. Staff received no correspondence in favor of the requests. Staff received correspondence from the following residents against the requests: Dave Agerton, 2825 Albans Kara E. Richardson, 2619 Albans The Chilakapti family, 2616 Albans submitted a petition with 52 households signing the document. The owners of the proposed restaurant, Ashley and John Barneby spoke in favor of the request and answered questions about the site and the operation of the restaurant. The following residents spoke against the applications for variance: Linda Licata, 2617 Wroxton; Molly Chilakapati, 2616 Albans, presented a petition with 52 household signatures and spoke regarding the application; Claire Judkins, 2621A Wroxton; Walter R Sassard, 2628 Wroxton; Mr. Frankfort asked Ms. Chilakapti what the collective objection to the request was. She said it was to the relaxation of the parking requirements. Chandu Chilakapti, 2616 Albans, was sworn in and then spoke in opposition. Bruce Frankel then asked to speak in favor of the uest. uses of the sites would be as per the site plan attached to the application. 2nd by Priya Coffey. Ayes: Priya Coffey, Sandy Hellums and Milton Frankfort. Noes: Carole Steen and Samantha Brantley. Motion did not carry. Variance denied. Zoning Board of Adjustment Minutes January 17, 2013 Meeting 5 Joseph Licata, 2617 Wroxton spoke in opposition of the request. Staff Response Variance Request #1 The applicant is asking for a variance to section 5- 100 which establishes the minimum criteria to combine building sites. The applicant feels that since he owns both pieces of property and that since one meets the definition of a shopping center and the other does not, that by combining the two sites, he might be able to enjoy the reduced parking requirements that the ordinance gives a shopping center, thereby reducing his required number of parking spaces for the new "building site ". Variance Request #2 The second variance is a request to reduce the number of required parking spaces for the two sites based on a restaurant occupying half of the space at 5320 Kirby formerly occupied by Jack's Carpet. Currently the building located at 5320 Kirby contains 4 lease spaces that are predominantly occupied by retail or office type commercial businesses. Based on the use and square footage for a shopping center required in 10 -100, the required number of parking spaces for 5320 Kirby is 54 spaces (13,440 /1000 x 4 = 13.44 x 4 = 54 spaces. If half of the old Jack's Carpet space is remodeled for a dine -in restaurant (salad and soup as indicated) then the number of spaces required is 68 spaces (11,356/1,000 x 4 =46 spaces; 2200/1000 x 10 = 22 spaces; 46 + 22 = 68 spaces). The Verizon store and Baby's First Furniture located on the second site (53 10 Kirby) are both retail and so according to Table 10 -100 must provide 32 parking spaces. This is required today based on the tables without any variances. 5320 Kirby currently provides 51 spaces which means that it has likely acquired PNC status as the center existed prior to 1987. 5310 Kirby currently provides 37 parking spaces and so is in compliance with the regulations. If the first variance is granted to allow the sites to be combined and considered one shopping center, the parking requirements would be the same for 5320 Kirby, or 54 spaces without the restaurant and 68 spaces with the restaurant. If considered part of the shopping center, then 5310 Kirby would be configured at 26 spaces (6324/1000 x 4 spaces per thousand = 6.32 x 4 = 26 spaces). This Zoning Board of Adjustment Minutes January 17, 2013 Meeting 6 would be a minimum total of 80 spaces required for both building sites. Both sites, if considered one building site or shopping center provide a combined total of 88 spaces and will therefore comply if the use of spaces does not change, or a variance is granted authorizing the reduction in spaces. If the variance is not granted for parking spaces, the minimum number of spaces required is 94, or 6 more spaces than provided. The property owner and tenants will have to comply with all of the food handling and general commercial requirements, including noise, trash disposal and collection, grease trap requirements, signage, odors, etc. Full plans addressing these items have not been received by staff. Staff believes that the ZBA has the authority to grant this variance, but the ZBA may not issue a variance per section 11- 102(a) unless all of the following circumstances are present: (i) The ZBA has made all findings and determinations required by state law for the granting of a variance. A "special condition" or "hardship" that is self - created, personal or based only on financial reasons is not sufficient to support the issuance of a variance; (ii) The ZBA has made any additional findings and determinations required by a specific provision of this section which relates to the variance; and, (iii) The variance has been reduced to writing and includes any conditions prescribed by the ZBA or required by this section for the variance in question. In addition, the applicant has the burden of presenting evidence to the ZBA and persuading the ZBA that (i) each circumstance required for a variance or special exception is present; and (ii) each required finding and determination is supported by substantial evidence. Conditions such as those listed below, may be put in place to support granting the variance: a. Possibly platting the property or filing for a PPD zoning district designation; b. Limiting the hours to receive deliveries; c. Requiring weekly or monthly cleaning of the Cr grease trap, depending on the occupancy of the space; d. Limiting light intrusion; e. Requiring the enclosure of all dumpsters or Zoning Board of Adjustment Minutes January 17, 2013 Meeting APPROVED THIS ! V DAY OF 614)4LOU 2013. 04�-� Carole Steen, Presiding Officer ATTES .� Debbie Scarcella, City Planner waste areas; f. Request data indicating an estimate of the number of patrons served and number of parking spaces used; g. Traffic /parking study; h. Other requirements 4 Meeting Minutes. Approval of meeting minutes of July 19, 2012. Samantha Brantley moved to approve the minutes of July 19 as corrected. Motion was 2 "d by Carole Steen. Ayes: Carole Steen, Samantha Brantley, Priya Coffey, Milton Frankfort and Sandy Hellums. Motion carried. 5 Adjournment. Sandy Hellums moved to adjourn the meeting. Motion was 2 "d by Samantha Brantley. Ayes: Carole Steen, Samantha Brantley, Priya Coffey, Milton Frankfort and Sandy Hellums. Motion carried. The meeting was adjourned at 10:10 p.m. APPROVED THIS ! V DAY OF 614)4LOU 2013. 04�-� Carole Steen, Presiding Officer ATTES .� Debbie Scarcella, City Planner