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;