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HomeMy WebLinkAbout04182013 ZBA MinutesZONING BOARD OF ADJUSTMENT MUNICIPAL BUILDING 3800 UNIVERSITY BOULEVARD REGULAR MEETING MINUTES April 18, 2013 6:30 pm I. MEMBERS PRESENT: Carole Steen (voting), Samantha Brantley (voting), Ed Sobash (voting), Samantha Brantley moved to accept and Don Yurewicz (voting).There were no non - voting members present. B MEMBERS ABSENT: Priya Coffey, Sandy Hellums, Milton Frankfort, Don Culbert and Etc. introduce themselves. Debbie Scarcella, City Katherine Brem. 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 6:30 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 2 "d by Ed Sobash. Ayes: city and state law. Carole Steen described the Carole Steen, Samantha Brantley, Ed procedure of the hearings. Sobash and Don Yurewicz. Motion Swearing in of witnesses. carried. Carole Steen administered the oath to all witnesses. 2 Docket No. 2013 -01, Debbie Scarcella gave a brief description of Samantha Brantley moved to close the Property at 2903 the request including the background of the evidentiary portion of the hearing. Cason, West building site. Motion was 2 "d by Don Yurewicz. University Place, Texas Ayes: Carole Steen, Samantha 77005 (Special Background Information Brantley, Ed Sobash and Don Exception). _ The applicant purchased the building site located Yurewicz. Motion carried. a. Public hearin at 2903 Cason Street in 1992. The two -story regarding a request for a structure was originally permitted in 1991 and the After deliberation Ed Sobash moved to Special Exception under certificate of occupancy issued in 1992. approve the special exception as Article 12- 102(e) of the According to the attached survey from 1992, a requested and shown in the submitted Zoning Ordinance. The portion of the rear part of the structure (including Plans. Motion was 2nd by Samantha applicant requests a the two story covered porch) encroached into the Brantley. Ayes: Carole Steen, Samantha special exception to rear yard more than allowed for a principal Brantley, Ed Sobash and Don Yurewicz. acquire PNC status fora building. A second survey dated February 2013, Motion carried. existing rear yard shows a similar encroachment. The designer's site (setback) encroachment. plan indicates that the rear portion of the structure b. Deliberation, encroaches a total of 2'9" or 2.8' into the rear yard decisions, other action, setback. The applicant would like to make etc. regarding the improvements to the property including enclosing preceding matters. the u er ortion of the covered porch to add on Zoning Board of Adjustment Minutes July 19, 2012 Meeting 2 the master bedroom sitting area. When there is a nonconforming structure, the Building Official is prohibited from issuing a permit to enlarge or increase a non - conformity. The applicant therefore is asking the ZBA to grant a special exception to acquire PNC status for the non- conforming encroachment. The applicant, Dr. Cecil Yeung and his representative, BJ Kramer with Two Sketch Home Planners gave a brief synopsis of their request in order to enclose a portion of the patio that encroaches into the rear yard setback. The encroachment has been existing since 1992 and the only change will be to add walls enclosing the existing porch per the submitted plans. Staff received no written comment in favor of or against the proposal. Staff did receive several questions and inquiries from the three adjoining neighbors to this building site, but all were receptive to the request. Staff Response Under Section 12- 103(e), PNC status may be lost if the degree of nonconformity is increased (or if the non - conforming area is expanded). The "footprint" of the structure is not proposed to be increased or expanded, but the enclosed area in the rear yard would be increased, and the enclosure would allow a change of use of floor space from unenclosed storage to habitable space. The applicant is then applying under Section 12- 102 (e) Acquiring PNC Status — Certain yard encroachments. Staff believes that the ZBA has the authority to issue the requested special exception in accordance with Section 12 -102 (e) providing the applicant proves the following: (i)The encroachment will not cause a substantial adverse effect on other persons, and (ii) the encroachment does not create a significant health or safety risk. In addition, Section 11 -102 states that the ZBA may not issue or modify a special exception unless all of the following circumstances are present: (1) The ZBA has determined that the proposed special exception will not cause any significant increase in on- street parking, will not cause any substantial traffic congestion, Zoning Board of Adjustment Minutes July 19, 2012 Meeting 3 APPROVED THIS DAY OF 2013. Carole Steen, Presiding Officer C ATTEST: k- . Saitqeletark, City is ant f l"nar D-e.bb; c Scan cl; and will not cause any substantial increase in traffic or an unreasonable burden upon utility systems or upon any other public facility or public service. (2) The ZBA has determined that the proposed special exception will be in harmony with the general purpose and intent of [the Zoning Ordinance]. (3) The ZBA has made any additional findings and determinations required by specific provision of [the Zoning Ordinance]. In connection with all special exceptions, the ZBA may impose conditions prescribed by the ZBA or required by the Zoning Ordinance. ID 3 Meeting Minutes. Approval of meeting minutes of January 17, 2013. Samantha Brantley moved to approve the minutes of January 17, 2013 as corrected. Motion was 2 "d by Ed Sobash. Ayes: Carole Steen, Samantha Brantley, Ed Sobash and Don Yurewicz. Motion carried. 5 Adjournment. Samantha Brantley moved to adjourn the meeting. Motion was 2nd by Ed Sobash. Ayes: Carole Steen, Samantha Brantley, Ed Sobash and Don Yurewicz. Motion carried. The meeting was adjourned at 7:03 p.m. APPROVED THIS DAY OF 2013. Carole Steen, Presiding Officer C ATTEST: k- . Saitqeletark, City is ant f l"nar D-e.bb; c Scan cl;