Loading...
HomeMy WebLinkAbout07182013 ZBA MinutesX The City of West University Place AA4,hborh(x)d Cif ZONING BOARD OF ADJUSTMENT MUNICIPAL BUILDING 3800 UNIVERSITY BOULEVARD REGULAR MEETING MINUTES July 18, 2013 6:30 pm Agenda Item Discussion Action 1 Call the meeting to Carole Steen (voting), Samantha Brantley (voting), Priya Coffey I. MEMBERS PRESENT: (voting), Katherine Brem (voting) and Don Yurewicz (voting). 6:30 p.m. Carole Steen asked each member MEMBERS ABSENT: Milton Frankfort, Ed Sobash, Don Culbert and Sandy Hellums. II. to briefly introduce themselves. Debbie for this meeting. Motion to 2 "d by Katherin I11. STAFF PRESENT: Shelley Eversole, Legal Counsel and Debbie Scarcella, City Planner. Brem. Ayes: Carole Steen, Samanth COUNCIL MEMBERS: Dick Yehle, Joan Johnson and Ed Heathcott. IV. CALL TO ORDER: 6:30 pm. Agenda Item Discussion Action 1 Call the meeting to Carole Steen called the meeting to order at Samantha Brantley moved to accept that a order. Notices, Rules, 6:30 p.m. Carole Steen asked each member notices were properly posted and distribute Etc. to briefly introduce themselves. Debbie for this meeting. Motion to 2 "d by Katherin Scarcella, City Planner stated all notices Brem. Ayes: Carole Steen, Samanth were posted as required by city and state law. Carole Steen described the procedure Brantley, Priya Coffey, Katherine Brem an of the hearings. Don Yurewicz. Motion carried. Swearing in of witnesses. Carole Steen administered the oath to a witnesses. 2 Docket No. 2013 -03, The applicant presented their request for a Samantha Brantley moved to close th Property at 3756 special exception authorizing five evidentiary portion of the hearing. Motion t University Boulevard, temporary portable classroom buildings at 2 "d by Priya Coffey. Ayes: Carole Stee► West University Place, the West University Place Elementary Samantha Brantley, Priya Coffey, Katherin School site for five years. The applicant Brem and Don Yurewicz. Motion carried. Texas 77005 (Special was represented by John Threet, Principal Exception). and Willie Burroughs, HISD representative, as follows: After deliberation Katherine Brem moved t a. Public hearing regardil Mr. Threet stated that the enrollment in the approve the special exception to authorize th 0 3800 University Boulevard I West University Place, TX 77005 1 www.westutx.gov L "1 ~he C i oT of West University Place A ATei hbvrhwxl tarty TOP WORK KAM, 3800 University Boulevard ( West University Place, TX 77005 ( www.westutx.gov a request for a Special school has steadily increased since 2008. renewal of the existing three portable buildin€ Exception from Article 7, Since the classrooms in the buildings are and the addition of two new buildings for Table 7 -1 "Uses ", Note 3 full, this necessitates adding the portable period not to exceed five years. Motion to 2n Accessory Uses an classrooms in order to assist the district in by Don Yurewicz. Ayes: Carole Steep Structures" of the Zoning meeting the maximum classroom sizes. They anticipate a flattening of the Samantha Brantley, Priya Coffey, Katherin Ordinance. The applicant enrollment rate after next year and so are Brem and Don Yurewicz Motion carried. requests a Special requesting the special exception for the Exception to authorize a three existing buildings and the addition of total of five portable two new buildings for a maximum of five classrooms for a maximurn years. of 5 years. There was no correspondence received in b. Deliberation, decisions, favor of or against the application. Mr. other action, etc. regarding Brian Pruitt spoke in favor of the request. the preceding matters. Staff gave a report regarding the request as follows: Background Information In 2004, the applicant requested and obtained a special exception to authorize public school use with accessory uses in a single - family district. There was a specific written "scope "_(and a site plan) describing the applicability of the special exception to existing uses, uses _during construction and proposed uses-after construction.. In 2009, the applicant requested and obtained a modification to the -2004 special exception to allow a temporary classroom at the site for up to two years. In 2011 and last year, the applicant requested and obtained a special exception to allow up to three temporary classrooms at the site for one year. Staff Response The original decision in Docket 04 -12 specifically limited the uses of the existing and proposed structures to that which was labeled in a site plan attached to the decision. No proposed temporary classrooms were on the site plan. This necessitated the subsequent requests in 2009, 2011 and 2012. Since the latter was granted for a period of one year only, the applicant must obtain a special exception for the existing and nronosed classrooms. TOP WORK KAM, 3800 University Boulevard ( West University Place, TX 77005 ( www.westutx.gov L The City of west University Place A A'C)%I hborh od City bringing the total number of proposed classroom buildings to five portable buildings. The applicant is asking for this special exception for a period of five years based on the estimated attendance report included in the application packet. The two additional buildings will be placed at the rear of the property near the other buildings, as shown in the attached site plan. The applicant appeared before the Building and Standards Commission (BSC) on June 6, 2013 and requested a similar variance to the Chapter 18 regulations of the Code of Ordinances regarding portable structures. The BSC granted the variance request for five buildings for five years. Staff believes that in order to place the temporary classrooms on the site, the applicant must obtain a special exception for additional accessory uses. Staff believes that the ZBA has the authority to grant the 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 structure, 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 time limit can also be placed on TOP WORK PLACES 3800 University Boulevard I West University Place, TX 77005 1 www.westutx.gov L The City of West University Placc A Nei ghborhood Gty, 3 Docket No. 2013 -04, Property at 4258 South Judson, West University Place, Texas 77005 (Variance). a. Public hearing regardir a request for a Varian( from Section 5 -10: "Division of Buildir Sites ", specifically Tab 5 -1, Note 1 of the Zonir Ordinance. The applica: requests a Variance authorize the division of single building si consisting of tv previously platted lot making two building sit that do not individual meet the minimum criter for a new legal buildii site. b. Deliberation, decisions, other action, etc. regarding the preceding matters. the use of the temporary classroom building as a condition of the special exception. In this case, the applicant has proposed a five year time limit. The applicant, Brian Pruitt, presented his request for a variance authorizing the division of a building site along the platted lot lines into two non - conforming building sites. Mr. Pruitt stated he purchased the property three years ago with the understanding that the building site could be divided along the previously platted building lines and that a variance might be needed for the smaller of the two lots. His original intention was to build a house for himself and family, but that those needs changed and he was now trying to sell the property. He has had several inquiries into separating the building site into two buildable lots. The smaller lot does not meet the dimension or square footage of the "old" building site regulations and neither site meets the criteria of a "new" building site. Mr. Pruitt stated that when the prospective buyers found out the property could not be divided, the sale fell through. This has created a situation in his opinion where the property's location on Community Drive and close to Bissonnet, does not support that large of a lot when most of the lots are almost half that size. This makes the lot nearly unsalable. He believes he is asking for the size of the building sites that are reasonable enough to be consistent with the other lots in the area. Mr. Pruitt also stated that the ordinance that was enacted in 1987 is not reasonable in today's market. There was no correspondence received in favor of the application. Staff received the following correspondence against the request: Robert Woelfel, 4245 Judson Jennifer and Brian Kuzma, 5712 Simmons St. German E. Varon. 4251 South Judson Katherine Brem moved to close th evidentiary portion of the hearing. Motion t 2 "d by Don Yurewicz. Ayes: Carole Steei Samantha Brantley, Priya Coffey, Katherin Brem and Don Yurewicz. Motion carried. After deliberation Samantha Brantley moved t deny the variance request to authorize th division of a single building site consistin of two previously platted lots, making tw building sites that do not individually me( the minimum criteria for a new leg, building site. Motion was 2nd by Katherir Brem. Ayes: Carole Steen, Samanth Brantley, Priya Coffey, Katherine Brem an Don Yurewicz Motion carried. TOP VVORK P1 A( f `, 3800 University Boulevard ( West University Place, TX 77005 1 www.westutx.gov r The City of Nvcst University Place A N4 hbor hood City Hugh Brazier, 4255 South Judson Staff gave a report regarding the request as follows: Background Information The applicant in Docket 13 -04, 4258 South Judson is requesting a variance to the Zoning Ordinance regarding Chapter 5, Table 5 -1, 'Building Site Dimensions ". Table 5 -1 establishes the minimum dimensions and square footage for each "new" and "old" building site, relying on lot depth, width, area and the date that the building site was established. Generally, in SF -3 districts, the minimum lot width before 1987, "old" building sites, is fifty (50) feet and the minimum depth is one - hundred (100) feet with a total building site square footage of 5,000. After 1987, "new" building sites, the minimum lot width is seventy -five (75) feet and one - hundred and ten (110) feet deep with a total square footage of 8,250. The applicant owns the property and house located at 4256 South Judson, which consists of two platted lots that have been improved with one single story house and one garage. Staff interprets this to indicate that when the structure was built around 1946, the two lots were joined and an improvement constructed, thus a single building site was established consisting of both platted lots. One lot is approximately 6,057 square feet and the other, 4, 661. Both lots are irregularly shaped individually, and combine to form a larger irregularly shaped building site. Staff Response Upon the passage of the unified zoning regulations in 1987, the City recognized the property as a legal building site with the dimensions of 114.6 x 13 5. 10 on the west side and 79.3 on the east side. Neither lot individually meets all of the requirements for a "new" lot in Table 5 -1. The notes in Table 5 -1 establish exceptions for "old" lots less than 5.000 sauare feet. Note 1 is 3800 University Boulevard I West University Place, TX 77005 1 www.westutx.gov TOP WORK PLACES The City of West University Placc A Neighborhood City applicable to lots of 4,500 square feet and Note 2 is applicable to lots of 4,300 square feet. Note 2 requires the plat to be approved by either City Council or the ZPC. The plats were filed before the City established rules for this procedure, so neither body approved the plat. Under Note 1, one requirement is that the lots were subdivided before 1987 and the second requirement is that the building site be improved with a principal structure prior to 1987. For each lot to meet the requirements for an "old" site, each site would have to have been improved with a principal structure. The applicant is asking the board to grant a variance to recognize each platted lot as a legal building site so that there is an option to construct a house on each lot. Staff believes that the ZBA has generally the authority to grant variances, but according to Section 11- 102, the ZBA may not issue a variance unless all of the following circumstances are present: (1) The ZBA must make all findings and determinations required by state law for the granting of a variance, which are: (i) due to special conditions, a literal enforcement of the Zoning Ordinance provision would result in unnecessary hardship, (ii) by granting the variance, the spirit of the ordinance is observed and substantial justice is done, and (iii) the variance is not contrary to public interest. (2) The ZBA must make any additional findings and determinations required by a specific provision of this ordinance that relates to the variance. (3) The variance must be reduced to writing including any conditions prescribed by the ZBA or required by this ordinance for the variance in question. The burden is on the applicant to TOP WORK PLACES 3800 University Boulevard ( West University Place, TX 77005 1 www.westutx.gov The City of West University Place A ATei hb hood 00 4 1 Docket No. 2013 -05, Property at 6544 Sewanee Avenue, West University Place, Texas 77005 (Variance). a. Public hearing rej a request for a V from Article 10, 10 -100, "Of: Parking ", of the Ordinance. The appli requests a Variance reduce the required par: space between the ga and public walkway f 18' to 12.5'. b. Deliberation, decisions, other action, etc. regarding the preceding matters. evidence to the Board to support each finding and determination required for the issuance of a variance. The board can prescribe conditions in connection with any variance to the extent necessary to make any findings or determinations required. The applicant, Mr. Charles Kuck and the prospective property buyers, Marc and Whitney Walsh, presented their request for a variance to reduce the driveway length from 18' to 12.5 feet. as follows: Mr. Walsh spoke on behalf of his wife and the applicant and stated that because of the grade of the property and the location of the existing public walk where they were required to tie in, the driveway as it was installed did not allow for the ability to pull in to the garage with his smaller vehicle without scraping the bottom. The builder had come up with a way to install the driveway without a "flat" area and "lip" that was there now. This would necessitate the driveway length being shortened between the garage door and public walk by relocating the public walk about 12.5 feet from the garage door. There was no correspondence received in favor of the application. Correspondence against the application was received as follows: Dorothy Zink, 6527 Sewanee No one spoke in favor of the request. The following spoke against the request: Frank Vargas Alan Farrington W.D. Moore Bene Grivis Staff gave a report regarding the request as follows: Background Information The structure located at 6544 Sewanee was approved for construction in 2012 and is currently working towards obtaining final approvals and the certificate of occupancy. The plans show a side entry garage from Carnecie Street. The distance from the Samantha Brantley moved to close th evidentiary portion of the hearing. Motion t 2 °d by Katherine Brem. Ayes: Carole Steei Samantha Brantley, Priya Coffey, Katherin Brem and Don Yurewicz. Motion carried. After deliberation Katherine Brem moved t deny the application request for a variance t reduce the required parking space depth froi 18' to 12.5'. Motion to 2nd by Don Yurewic: Ayes: Carole Steen, Samantha Brantle, Priya Coffey, Katherine Brem and Do Yurewicz Motion carried. TOP WORK P! Af E'; 3800 University Boulevard I West University Place, TX 77005 1 www.westutx.gov The City of West University Place A Neighborhood City, garage door to the public sidewalk is 18'. The sidewalk was redirected toward the curb (per plan) in order to accommodate a parking space per Table 10 -100. In Section 10- 102(a), the dimension of a parking space is established as 9' (nine feet) wide by 18' (eighteen feet) deep. Table 10- 100, specifically the "SFD Use" regulation, requires a third parking space between the garage door and the public roadway without encroaching into the public sidewalk. Staff generally allows the relocation of the sidewalk to accommodate this dimension as long as the Americans with Disabilities Act and the Texas Accessibility Standards for maximum and minimum slopes for public walkways are met. The existing driveway meets the City Code and the ADA/TAS requirements. The applicant believes that by reducing the length dimension of the parking space, and locating the public walkway closer to the property line, he will be able to achieve the required maximum/minimum sidewalk slopes and get a flatter slope to the driveway entry so that his vehicle no longer scrapes bottom. The requirement of the additional parking space is to accommodate extra vehicles in the driveway without blocking or encroaching into the public spaces designed for pedestrian use. Staff Response Staff believes that the ZBA has generally the authority to grant variances, but according to Section 11- 102, the ZBA may not issue a variance unless all of the following circumstances are present: (1) The ZBA must make all findings and determinations required by state law for the granting of a variance, which are: (i) due to special conditions, a literal enforcement of the Zoning Ordinance provision would result in unnecessary hardship, (ii) by granting the variance, the spirit of the ordinance is observed and substantial justice is done, and (iii) the variance is not TOP WORK PLACES 3800 University Boulevard I West University Place, TX 77005 1 www.westutx.gov The City of West University Placc A Neighborhood City 5 Docket No. 2013 -06, Property at 3118 Pittsburgh Street, West University Place, Texas 77005 (Variance). a. Public hearing regarding a request for a Varianci from Article 7, Section 7 101, specifically Table 7 -2 "Yards (or Setbacks)', o the Zoning Ordinance. Thy applicant requests Variance to reduce the required setback from 30 to 20'. b. Deliberation, decisions, other action, etc. regarding the preceding matters. contrary to public interest. (2) The ZBA must make any additional findings and determinations required by a specific provision of this ordinance that relates to the variance. (3) The variance must be reduced to writing including any conditions prescribed by the ZBA or required by this ordinance for the variance in question. The ZBA may prescribe conditions in connection with any variance to the extent necessary to enable the ZBA to make any of the findings or determinations necessary for the granting or issuance of the variance or the extent otherwise necessary to minimize or diminish any adverse effects of the variance. The applicant, Jean - Pierre Baizan and his representative, Tim Porreca with Robert Dame Designs, presented their request for a variance authorizing to reduce the required front yard setback from 30' to 20'. Mr. Porreca spoke for Mr. Baizan for most of the presentation. The lot is located on Pittsburgh and was carved out of a large corner lot and part of a second lot many years ago. Consequently, the building site is 200' deep and therefore requires a front yard setback of 30'. The adjacent lots facing Pittsburgh are only 100' deep and have a required front yard setback of 20'. Mr. Baizan and the designer have worked to limit the front of the structure to a one -story garage that only takes up a portion of the front yard and is basically offset to one side. The remainder of the front yard is landscaping and a driveway that connects to the side - loading garage. Mr. Baizan has owned the property for a long time and proposed to his wife in the backyard area that they want to protect and keep open. A smaller front vard setback would help them Katherine Brem moved to close th evidentiary portion of the hearing. Motion t 2 °a by Don Yurewicz. Ayes: Carole Steei Samantha Brantley, Priya Coffey, Katherin Brem and Don Yurewicz. Motion carried. After deliberation Katherine Brem moved t approve the variance request to reduce the froi yard setback from 30' to 20' provided the plar submitted for permit were consistent with tl plans submitted in the application. Motion 1 2nd by Don Yurewicz. Ayes: Carole Steei Samantha Brantley, Priya Coffey, Katherin Brem and Don Yurewicz. Motion carried. TOP WORK PLACES 3800 University Boulevard ( West University Place, TX 77005 1 www.westutx.gov X The City of West University Place A Alei grhborhood City be able to accomplish this. Correspondence received in favor of the application is as follows: Brian Lemasters, 6435 Buffalo Speedway Delores Pranke, 3115 Pittsburgh There was no correspondence received against the application. No one spoke in favor of or against the application. Staff gave a report regarding the request as follows: Background Information The building site appears to have been divided some years ago and consists of the rear 60' feet of two 100' wide lots (11 and 12 of block 12 in the West University Place First Addition). The building site is therefore 60' wide by 200' deep. The adjoining properties at the front and to the right side of the building site are 100' deep. The adjoining property to the left side of the building site is a corner lot and has a side setback of 10'. A similar situation exists on the corner building site to the right located at Pittsburgh and Vanderbilt. The front yard lines (setbacks) are varied and not even. Table 7 -2 establishes the minimum requirements by which structures or parts of structures must be set back from property lines. These setbacks or yards are regulated in the front, side and rear of the property. The front yard (setback) is based on the depth of the building site. A lot 110' or less in depth has a minimum front yard (setback) of 20' (twenty feet). A lot with a depth of 125' or more has a minimum front yard (setback) of 30' (thirty feet). The applicant is asking for a variance to reduce the front yard (setback) from 30' to 20'. Usually, projections into the regulated front yard are prohibited, with few exceptions. One of these exceptions is a front porch that meets certain criteria. The purpose of a front yard (setback) is to provide for open area adjacent to the street. This area provides Qreen space for planting the TOP WORK PLACES 3800 University Boulevard ( West University Place, TX 77005 1 www.westutx.gov The City of West University P] acc A Aei,4iborhood City required number of trees and provide an area by which pubic infrastructure can be easily accessed for installation and maintenance. Two criteria that a porch structure must meet in order to project or encroach into the front yard (setback) are porch height limits and openness requirements (not enclosed). The ZBA may give consideration to these or other types of conditions, should the burden of proof be satisfactorily met. Staff Response Staff believes that the ZBA has generally the authority to grant variances, but according to Section 11- 102, the ZBA may not issue a variance unless all of the following circumstances are present: (1) The ZBA must make all findings and determinations required by state law for the granting of a variance, which are: (i) due to special conditions, a literal enforcement of the Zoning Ordinance provision would result in unnecessary hardship, (ii) by granting the variance, the spirit of the ordinance is observed and substantial justice is done, and (iii) the variance is not contrary to public interest. (2) The ZBA must make any additional findings and determinations required by a specific provision of this ordinance that relates to the variance. (3) The variance must be reduced to writing including any conditions prescribed by the ZBA or required by this ordinance for the variance in question. If all such findings and determinations are made, and if the ZBA decides to grant the requested variance, the ZBA may want to consider protective conditions, such as: a). Limits on the area where the setback is TOP W "R K P'dAf P, 3800 University Boulevard I West University Place, TX 77005 1 www.westutx.gov L The City of West University Place APPROVED THIS DAY OF �r� 2014. Samantha Brantley, Presiding Officer ATTEST: �J Debbie Scarcella, City Planner TOP WORK PLACES 3800 University Boulevard I West University Place, TX 77005 1 www.westutx.gov reduced; b). Special height limits in the front yard area, similar to the limit on front porches in Note 1.2; c). Protection of open sight lines, if any, along the front street line; or d). Similar conditions. 6 Meeting Minutes. Approval of meeting minutes of May 16, Priya Coffey moved to approve the minute 2013. of May 16, 2013 as written. Motion to 2' by Katherine Brem. Ayes: Carole Steei Samantha Brantley, Priya Coffey, Katherin Brem and Don Yurewicz Motion carried. Adjournment. Samantha Brantley moved to adjourn th meeting. Motion was 2 "d by Carole Steei Ayes: Carole Steen, Samantha Brantle, Priya Coffey, Katherine Brem and Do Yurewicz. Motion carried. The meeting was adjourned at 8:40 p.m. APPROVED THIS DAY OF �r� 2014. Samantha Brantley, Presiding Officer ATTEST: �J Debbie Scarcella, City Planner TOP WORK PLACES 3800 University Boulevard I West University Place, TX 77005 1 www.westutx.gov