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