HomeMy WebLinkAbout06232016 ZBA Minutes The City of West University Place
I .A*111)urhuod City
ZONING BOARD OF ADJUSTMENT
MUNICIPAL BUILDING
3800 UNIVERSITY BOULEVARD
REGULAR MEETING MINUTES
June 23,2016
6:30 pm
Sandy Hellums-Gomez(voting),Ed Sobash(voting),Edward
I. MEMBERS PRESENT: Nikonowicz(voting), Chris Heard(voting)and Dave Miller(voting)
Janet Parisi,Donald Yurewicz and Neil Martin
II. MEMBERS ABSENT:
Alan Petrov,Legal Counsel; Debbie Scarcella, City Planner and Josie
[II. STAFF PRESENT: M.Hayes,Administrative Coordinator
IV. CALL TO ORDER: 6:34 pm.
Agenda Item Discussion Action
1 Call the meeting to order. Sandy Hellums-Gomez called the meeting to Ed Sobash moved to accept that all
Notices,Rules,Etc. order at 6:34 p.m. Sandy Hellums asked each notices were properly posted and
member to briefly introduce themselves and distributed for this meeting. Second by
state if they are voting or nonvoting. Debbie Dave Miller. Ayes: Sandy Hellums-
Scarcella, City Planner, stated that all notices Gomez, Ed Sobash, Edward Nikonowicz,
were posted in accordance with state and Chris Heard and Dave Miller. Motion
local requirements. Sandy Hellums-Gomez carried.
then described the hearing procedures. Sandy Hellums-Gomez administered the
Swearing in of witnesses. oath to all witnesses.
Sandy Hellums-Gomez suggested that the Edward Nikonowicz moved to reorder the
agenda be reordered and Docket 2016-08 be agenda and hear Docket 2016-08 before
heard before Docket 2015-05. Docket 2016-05. Second by Dave Miller.
Ayes: Sandy Hellums-Gomez, Ed
Sobash, Edward Nikonowicz, Chris
Heard and Dave Miller. Motion carried.
2 Docket No. 2016-05, Before the docket was called, the chair Motion to designate John Tainer as a
Property at "0" Ruskin, announced that there had been several party to the application due to the
West University Place, written requests by interested parties to proximity of his residence to the
Texas 77005(Appeal). seek designation as an interested party to property involved in the matter by Dave
a. Public hearing Miller. Second by Sandy Hellums-
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3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov
The City of West University Place
A Neighbonc(x)d City
regarding a request for a the application. These individuals were: Gomez. Ayes: Sandy Hellums-Gomez,
variance. Ed Sobash,Edward Nikonowicz,Chris
b. Deliberation, John Tainer, Katherina Schlacher, Reid Heard and Dave Miller.Motion carried.
decisions, other action, etc. Wilson, David Cole and Amar Patel.
regarding the preceding Each interested party was given the Motion to designate Katharina Schlacher
matters. opportunity to state his/her reasons for as a party to the application due to the
designation as a party to the application proximity of her residence to the
and after a vote, each was so designated. property involved in the matter by Dave
Miller. Seconded by Ed Sobash. Ayes:
The applicant in Docket 2016-05 is Sandy Hellums-Gomez, Ed Sobash,
appealing the determination of the Edward Nikonowicz,Chris Heard and
Administrative Official that loading and Dave Miller. Motion carried.
unloading of company owned vehicles for Motion to designate Reid Wilson,
inventory and restocking supplies is representative of the owner of the AT&T
allowed in the residentially zoned parking property as a party to the application by
area adjacent to the ATT facility. Dave Miller. Second by Sandy Hellums-
Gomez. Ayes: Sandy Hellums-Gomez,
Background Ed Sobash,Edward Nikonowicz, Chris
Heard and Dave Miller.Motion carried.
The AT&T site is an L-shaped property
located at the corner of Bellaire Boulevard Motion to designate David Cole as a
and Academy Street and extending to the party to the application due to proximity
corner of Academy and Ruskin Streets (see of his residence to the property involved
attached decision for location view). A in the matter by Dave Miller. Second by
portion of the site is zoned Light Sandy Hellums-Gomez. Ayes: Sandy
Commercial (C), another portion Single Hellums-Gomez, Ed Sobash,Edward
Family (Detached) Third District (SF-3), Nikonowicz, Chris Heard and Dave
and the remainder Planned Development Miller.Motion carried.
District Single Family Second(PDD SF-2). Motion to designate Amar Patel as a party
The property was developed initially on the to the application due to proximity of his
south portion in 1940 with subsequent residence to the property involved in the
additions, including a major one in 1956 matter by Dave Miller. Second by Sandy
that extended the building almost the entire Hellums-Gomez. Ayes: Sandy Hellums-
length of the lot fronting on Bellaire Blvd. Gomez,Ed Sobash, Edward Nikonowicz,
In 1970 and 1975, the City Council enacted Chris Heard and Dave Miller.Motion
rezoning ordinances for six adjacent rear carried.
lots along Ruskin for parking of company
owned and employee owned vehicles. The Motion to close the evidentiary portion of
use of the structures on the site have the hearing and enter all testimony and
basically remained as a switching station evidence into the record by Dave Miller.
Second by Ed Sobash. Motion carried.
for telephone service, but has also housed
multiple company related activities After deliberation, Dave Miller made a
throughout the years. At times there have motion to reverse the administrative
been a large number of occupants and at official's determination under
other times a small number of occupants. consideration. Second by Chris Heard.
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3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov
0 The City of`vest University Place
A Neighborhood City
Recently the activity levels increased and Ayes: Ed Sobash, Edward Nikonowicz,
concerns were expressed that the business Chris Heard and Dave Miller. Noes:
activities occurring on site did not comply Sandy Hellums-Gomez. Motion carried
with the ordinance restrictions on the use of 4-1.
the rear lots for parking.
Staff researched and wrote a decision on
November 9, 2015 regarding the activities
taking place on the site. The decision stated
that the activity related to the
dumpster/recycle storage bins and the
access for delivery vehicles were not
allowed on those lots zoned for parking and
located within the SF-3 and PDD SF-2
districts. Those activities that are
categorized as Medium Commercial such
as vehicle maintenance or auto intensive
uses are also not allowed. ATT appealed
the decision and additionally asked for a
special exception and/or a variance to
continue the use of the dumpster and access
for delivery vehicles through the parking
area. The ZBA affirmed the AO decision
dated November 9, 2015 and denied the
special exception and variance requests.
Subsequently there was a request for an AO
decision specifically targeting the activities
related to loading/unloading and inventory
of company service vehicles in the parking
area. A third request for the ZBA to
reconsider the decisions made regarding the
business activities at the site was filed and
heard on May 26, 2016. The ZBA
determined there was not enough evidence
to warrant a rehearing or reconsideration of
the docket. The only outstanding issue is
whether or not loading/unloading and
inventory of the allowed service vehicles is
an allowed use of the building site.
Robert Grossman, applicant spoke to the
board regarding the use of the property for
commercial activities that he feels are
prohibited by the ordinances enacted in
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3800 University Boulevard West University Place, TX 77005 www.westutx.gov
The City of West University Place
....)
, I .`eiti hbot 1 food C;i n
1970 and 1975. These ordinances allowed
for the property to be developed as a
parking area for the parking of vehicles
owned by ATT (then Southwestern Bell)
and their employees. Mr. Grossman
believes that the loading and unloading of
supplies for stocking and inventory expands
the commercial uses of the adjoining
commercially zoned property into the
residentially zoned property where the
parking is located. Mr. Grossman cited
many instances of unsecured trash and
garbage, beeping and honking of backup
sensors and horns during the morning and
night time hours, maintenance of vehicles
on the site, and multiple instances of
delivery vehicles blocking the street. He is
also concerned about the number of
vehicles and the frequency of trips.
Mr. John Tainer then spoke regarding the
safety of the neighborhood as it related to
the number of large vehicles and trucks
coming in and out to make deliveries to the
business. He also spoke about the garbage
trucks picking up the refuse.
Katherina Schelacher spoke regarding the
number of trips being made on what she
sees to be a primarily residential street.
Reid Wilson spoke on behalf of the
property owner stating that the activity had
been ongoing in one form or another for
many years. He answered questions from
the board members regarding the
operations of the company.
David Cole presented some trash he had
picked up on his property from the ATT
site, presented pictures of large vehicles on
the site and spoke about the increase
activity over the past few years.
Amar Patel spoke about the safety Y concerns
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3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov
The City of West University Place
A A eir;hbon l ace City
and the disconnect he noticed in the HCAD
records and the actual operations of the
business.
In addition to the parties requesting
designated party status, staff received
correspondence against the administrative
official's determination from William
Arteaga and Boris Markason. No
correspondence in favor of the
administrative official's decision was
received.
Boris Markason and Brennan Reilly spoke
against the Administrative Official's
Determination.
Staff Response
The applicant is appealing the decision of
the Administrative Official that
loading/unloading for restocking and
inventory of service vehicles in the parking
area is an allowed use. The applicant is
asking that the decision be reversed. As
the decision states, the ordinance enacted
in 1970 and continued in 1975 has
wording that differentiates allowed uses
when the property is being used as parking,
than when the property is not being used as
parking. Since the original ordinance was
enacted to rezone the property as parking
that is specifically tied to the business,
allowed activities must directly relate to
the SWBT (ATT) business. All employee
and company vehicles, including service
vehicles at that time, were authorized to
park on the site. Normal daily activities,
including restocking and inventory of the
vehicles, could take place as accessory or
incidental uses to the zoning designation of
"parking". Similar activity by ATT takes
place in the ATT vehicles today.
Each of the parties was given the
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3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov
The City of West University Place
1 NcighborhoocI(;i)
opportunity to rebut any information
brought up during the discussion, or to add
to the information given so far.
The ZBA has the authority to affirm,
reverse or modify the decision. When
there is an appeal, the board assumes the
responsibility for interpretation of the
ordinances from the Administrative
Official. There are no findings that guide
the board in determining the outcome of an
appeal.
3 Docket No.2016-08, The applicant,Kim Cleary and her Edward Nikonowicz moved to close the
Property at 2621 representative,Marissa Nering gave a evidentiary portion of the hearing.
University,West presentation regarding the request. The Second by Dave Miller. Ayes: Sandy
University Place,Texas applicant is asking for a special exception to Hellums-Gomez, Ed Sobash, Edward
77005 (Special Exception) grant PNC status for a garage side setback in Nikonowicz, Chris Heard and Dave
order to obtain a permit for remodeling. The Miller. Motion carried.
a. Public hearing applicant is trying to correct some structural
regarding a request for an issues with the existing garage and while After deliberations Ed Sobash moved to
special exception. doing that,wants to raise the roof and ceiling approve the special exception for PNC
to create more headroom. This will expand status for a side setback of a garage.
b. Deliberation, the nonconformity of the garage and cause Second by Chris Heard. Ayes: Sandy
decisions, other action, etc. more encroachment into the side yard Hellums-Gomez, Ed Sobash, Edward
regarding the preceding setback. Nikonowicz, and Chris Heard. Noes:
matters. Dave Miller. Motion carried 4-1.
There was no correspondence received in
favor of or against the request and there were
no speakers in favor of or against the request.
Background Information
The applicant owns the property located at
2621 University Blvd. The property contains
a detached two story garage with partial
habitable space above the garage. While
looking into doing some upgrades to portions
of the garage(garage doors, stairway and
screened porch), it was discovered that the
existing garage encroached into the side yard
setback and was only one foot away from the
property line. This creates a non-conforming
garage since the zoning regulations have
always required a setback of at least three feet
for structures. When a structure has
nonconforming status,a permit may not be
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3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov
The City of West University Place
A 1\dll.;I1borlwod City
issued for improvement or expansion.
Staff Response
Section 12-102 (e) of the zoning regulations
allow that a structure that is in violation of the
setback regulation may acquire Prior
Nonconforming(PNC) status if the ZBA
issues a special exception granting PNC
status. The applicant must demonstrate that:
(1)the encroachment was inadvertent and
neither misrepresented to the City nor hidden
from City officials. Exception: This finding
is not required if the encroachment
commenced before 1970. (2)The
encroachment will not cause a substantial
adverse effect on other persons, and(3)the
encroachment does not create a significant
health or safety risk. The house and garage
were constructed in 1929 and the garage has
not been added on to or renovated since then.
Only maintenance has been done in the
ensuing years according to permit records.
Acquiring PNC status would allow permits to
improve and slightly alter the structure as
long as the nonconformity is not increased.
The ZBA must additionally determine that the
proposed special exception will not cause any
significant increase in on-street parking, will
not cause any substantial traffic congestion,
will not cause any substantial increase in
traffic or an unreasonable burden upon utility
systems or upon any other public facility or
public service and will be in harmony with
the general purpose and intent of this section.
Conditions may be placed upon the special
exception.
4 Meeting Minutes. Approval of meeting minutes of May 26, Approval of minutes deferred until the
2016. next meeting.
Adjournment. The meeting was adjourned at 12:41 pm. Dave Miller moved to adjourn the
meeting. Second by Ed Nikonowicz.
Ayes: Sandy Hellums-Gomez, Ed
Sobash, Edward Nikonowicz, Chris
Heard and Dave Miller. Motion carried.
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3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov
Place
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APPROVED THIS DAY OF •liarriti,,
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Ed Sobash,Vice-Chairman
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ATTEST: •
Debbie Scarcella,City Planner
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