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HomeMy WebLinkAbout01282016 ZBA Minutes The City of West University Place A Nei hbor!iood C;itt ZONING BOARD OF ADJUSTMENT MUNICIPAL BUILDING 3800 UNIVERSITY BOULEVARD REGULAR MEETING MINUTES January 28,2016 6:30 pm Sandy Hellums(voting), Ed Sobash(voting),Robert Grossman (voting I. MEMBERS PRESENT: Item 1 and 3),Janet Parisi(voting),Dave Miller(voting),Don Yurewicz(voting Item 2),Neil Martin and Chris Heard Edward Nikonowicz II. MEMBERS ABSENT: Alan Petrov and Shelly Eversole, Legal Counsel; Clay Chew,Building III. STAFF PRESENT: Official; Craig Koehl,Urban Forester; and Debbie Scarcella,City Planner IV. CALL TO ORDER: 6:31 pm. Agenda Item Discussion Action 1 Call the meeting to order. Sandy Hellums called the meeting to order at Ed Sobash moved to accept that all Notices,Rules,Etc. 6:31 p.m. Sandy Hellums asked each member notices were properly posted and to briefly introduce themselves and state if distributed for this meeting. Second by they are voting or nonvoting. Robert Janet Parisi. Ayes: Sandy Hellums, Ed Grossman state that he would not be Sobash, Robert Grossman, Janet Parisi participating in the discussion and voting and Dave Miller. Motion carried. regarding Item 2 because as a witness he Sandy Hellums administered the oath to could not be impartial. Debbie Scarcella, all witnesses. City Planner, stated that all notices were Sandy Hellums moved to reorder the posted in accordance with state and local agenda and hear Docket 2016-02 before requirements. Sandy Hellums then described Docket 2015-18. Second by Dave Miller. the hearing procedures. Ayes: Sandy Hellums, Ed Sobash, Robert Swearing in of witnesses. Grossman, Janet Parisi and Dave Miller. Sandy Hellums suggested that the agenda be Motion carried. reordered and Docket 2016-02 be heard before Docket 2015-18. 3 Docket No. 2016-02, The applicants, Catherine Perry and Steve Dave Miller moved to close the Property at 4116 Case, Kane, presented the application. Benjamin evidentiary portion of the hearing. West University Place, Perry, architect for the applicant, also aided in Second by Janet Parisi. Ayes: Sandy Texas 77005 (Variance). the presentation. The applicants propose to Hellums, Ed Sobash, Robert Grossman, 1 TOP WORK PLACES w 3800 University Boulevard I West University Place, TX 77005 I ww.westutx.gov T .� The City of West University Place I .A'ei�;hbo hQuc1 Cat► a. Public hearing demolish an existing rear garage in order to Janet Parisi and Dave Miller. Motion regarding a request for a construct a new garage located closer to the carried. variance. front property line with new living space at b. Deliberation, the rear. This proposed new construction will After deliberations Dave Miller moved to decisions, other action, etc. be attached to the principal structure. Prior to deny the request for a variance to exceed regarding the preceding submitting plans for construction, the the allowable framed area ratio by 4.5% matters. applicant took advantage of meeting with the (total 84.5% instead of 80%). Second by Building Official to get feedback on the Janet Parisi. Ayes: Sandy Hellums, Ed project. This is a normal service in order to Sobash, Robert Grossman, Janet Parisi assist interested parties with the permitting and Dave Miller. Motion carried. process. Any comments from this preliminary meeting are not intended as nor should they be construed as, any type of approval or disapproval of the proposed project. The service is intended to point out any deficiencies or "red flags" that might need attention before formal submittal of the plans. The plans that were brought in were very preliminary and did not contain a survey or site plan sufficient enough to determine location of the proposed construction on site. When the formal application was made, again the first submittal documents were not adequate enough and the plans were incomplete. The second formal submittal did show that the encroachment into the rear yard did not meet the criteria in Table 7-6, Note 3. The applicant spoke in length regarding preservation of a tree. The Building Official, Clay Chew, and the Urban Forester, Craig Koehl,both answered questions regard No one spoke in opposition or in favor of the request. Staff Response Generally, a principal structure may not project(encroach) into a rear yard (setback). Note 3 of Table 7-6 establishes an exception to this provision as long as the criteria listed are met. In this application, subsection(d) is not being met since there is not 51% garage space located in the proposed addition that is located in the rear 20'. No part of the 341 square foot proposed addition in the 20' rear yard setback is garage space. The 2 TdrP` t o `\ 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov 0 The City of West University Place 1A Neighborhood City- applicant believes that preservation of a tree at the rear might be considered a hardship per Section 82 of the Code of Ordinances. The city's urban forester does not concur with the applicant or the applicant's arborist. A statement from the urban forester is attached. Section 11-102 of the zoning regulations requires that the ZBA may not issue or modify a variance unless all of the following circumstances are present: (1)The ZBA has made all findings and determinations required by state law for the granting of a variance; (2)The ZBA has made any additional findings and determinations required by a specific provision of this ordinance which relates to the variance. (3)The variance has been reduced to writing and includes any conditions prescribed by the ZBA or required by this ordinance for the variance in question. State law and city ordinance further require the ZBA to make the following findings and determinations: (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. Conditions necessary to support any findings may be attached to the variance decision. 2 Docket No. 15-18, Mr. Grossman again formally announced that Motion to designate Mr. Grossman as a Property at 4068 Bellaire he would recuse himself from the hearing, party to the application due to the Blvd,6707 Academy,and deliberation and voting regarding this matter. proximity of his residence to the "0"Ruskin,West Mr. Grossman then asked that evidence be property involved in the matter by Sandy University Place,Texas heard to designate him as a party in this Hellums. Second by Ed Sobash. 77005(Appeal) (Special matter. Mr. Grossman lives directly across Ayes: Sandy Hellums, Ed Sobash, Dave Exception)(Variance) the street on the corner of Academy and Miller, Janet Parisi, and Donald Ruskin and feels he is affected more than any Yurewicz. Motion Carried. a. Public hearing other resident. Mr. David Cole,who resides 3 TOP OORK PLACES 3800 University Boulevard I West University Place, TX 77005 www.westutx.gov The City of West University Place 1 .A'ei,;hbor I1uQd Cit1 regarding a request for an at the Corner of Cason and Academy, also Motion to designate Mr. Cole as a party appeal, special exception directly across the street from the property, to the application due to the proximity of and a variance. also requested designation as a party to the his residence to the property involved in application. the matter by Sandy Hellums. Second b. Deliberation, by Dave Miller. Ayes: Sandy Hellums, decisions, other action, etc. The applicant,AT&T,represented by legal Sobash, Dave Miller, Janet Parisi, Ed regarding the preceding counsel, Reid Wilson and by Delores and Donald Yurewicz. Motion Carried. matters. Hernandez,Area Maintenance Manager and Karen Jones,Facility Maintenance Manager, gave their presentation. The AT&T site is an Motion to close the evidentiary portion L-shaped property located at the corner of of the hearing was made by Janet Parisi. Bellaire Boulevard and Academy Street and Second by Ed Sobash. Ayes: Sandy extending to the corner of Academy and Hellums, Ed Sobash, Dave Miller, Janet Ruskin Streets(see attached decision). A Parisi, and Donald Yurewicz. Motion portion of the site is zoned Light Commercial Carried. (C), another portion Single Family (Detached)Third District(SF-3), and the After deliberations a motion to affirm the remainder Planned Development District AO decision regarding the waste storage Single Family Second(PDD SF-2). The area was made by Dave Miller. Second property was developed initially on the south by Ed Sobash. Ayes: Sandy Hellums, portion in 1940 with subsequent additions, Ed Sobash, Dave Miller, Janet Parisi, including a major one in 1956,which and Donald Yurewicz. Motion Carried. extended the building almost the entire length of the lot fronting on Bellaire Blvd. In 1970 A motion affirming the AO decision and 1975,the City Council enacted rezoning regarding the access through the parking ordinances for six adjacent rear lots along area and partial parking by vehicles in Ruskin for parking of company owned and order to utilize the loading dock was employee owned vehicles. The use of the made by Janet Parisi and second by Dave structures on the site have basically remained Miller. Ayes: Sandy Hellums, Dave as a switching station for telephone service, Miller, Janet Parisi, and Donald but has also housed multiple company related activities throughout the years. At times there Yurewicz. Noes: Ed Sobash. Motion have been a large number of occupants and at Carried (4-1). other times a small number of occupants. Recently the activity levels increased and A motion to deny the special exception concerns were expressed that the business request for operation of the waste activities occurring on site did not comply receptacle in the parking area was made with the ordinance restrictions on the use of by Ed Sobash. Second by Dave Miller. the rear lots for parking. Staff researched and Ayes: Sandy Hellums, Ed Sobash, Dave wrote a decision on November 9, 2015 Miller, Janet Parisi, and Donald regarding the activities taking place on the Yurewicz. Motion Carried. site. The decision stated that the activity related to the dumpster/recycle storage bins A motion to deny the variance request and the access for delivery vehicles were not was made by Sandy Hellums. Second by allowed on those lots zoned for parking and Dave Miller. Ayes: Sandy Hellums, Ed located within the SF-3 and PDD SF-2 Sobash, Dave Miller, Janet Parisi, and districts. Those activities that are categorized Donald Yurewicz. Motion Carried. as Medium Commercial such as vehicle 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov The City of West University Place 1 Neighborhood Cliv maintenance or auto intensive uses are also not allowed. Normal operational activities such as vehicle loading and vehicle inventory are allowed. Mr. Grossman handed out several documents in his presentation, including judicial case law rulings and photographs of the activities questioned in the AO decision being appealed. Mr. Grossman believes that there should be only parking of vehicles in the parking area. Mr. Cole also presented photos and past board and city council minutes from the 70's. He also believes that no activities other than parking should take place on the site. No one in attendance spoke against the application and Dorothy Zink spoke in favor of the application. Staff Response The Appeal. The applicant is appealing the decision of the Administrative Official and asking that the activities be allowed to continue based on their belief that the activities have acquired Prior Non-Conforming(PNC) Status. The burden is on the applicant to prove that PNC status has been acquired for those activities in question. There are different ways to acquire PNC status. If a structure is in compliance with all regulations and the ordinance changes so that the structure no longer complies; if the ZBA grants a special exception extending or reinstating PNC status; if there is work in progress or plans approved at the time of an ordinance change; and there is special PNC status for yard encroachments due to various conditions. Staff could not find evidence that the activities in question were ever in compliance with the regulations or acquired PNC status. The ZBA has the authority to affirm,reverse or modify the decision. When there is an appeal,the board assumes the responsibility 5 T " 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov The City of West University Place A Neighborhood City- for interpretation of the ordinances. There are no other findings that guide the board in determining the outcome of an appeal. Special Exception The applicant is requesting a special exception if the appeal is affirmed,under Sections 7-101,Note 3 and Note 5. Note 3 authorizes a special exception in the indicated districts for additional uses and structures if the use and structure are(1)accessory to a lawful primary use and, (2)compatible with nearby sites and their uses. Table 7-1 indicates the special exception for one use category in Table 7-1. Note 5 authorizes a special exception for parking of motor vehicles in a PDD SF-2 district. Only Lots 5 and 6 are actually located in this district. Lots 1-4 are located in the SF-3 district. Further Note 5 does not specifically state that additional business activities other that parking are authorized. The ZBA has the authority per Section 11- 102 of the zoning regulations to authorize a special exception where it is expressly indicated in the regulations. In order to grant the special exception the ZBA must determine that the special exception will not cause: (i)any increase in on-street parking, (ii) any substantial traffic congestion or(iii) any substantial increase in traffic or an unreasonable burden on utility systems or any other public facility or public service.The ZBA must also determine that the special exception will be in harmony with the general purpose and intent of the Zoning Ordinance. Variance Request The applicant requests a variance to authorize the continuation of the uses and structures as existing. Specifically the request asks to be allowed to use the dumpster and recycling bins, and the access to the loading dock at the rear of the building abutting the parking lot. ZBA may authorize the uses if they are consistent with SF-3 and PDD SF-2 zoning 6 TO 0 PLACE`_: 3800 University Boulevard ( West University Place, TX 77005 I www.westutx.gov The City of West University Place 1 .\eitihborltuod district requirements. Further,both the waste storage area(s) and the loading dock(s)are required to be screened from public view. If the uses are allowed to continue,the variance would have to except the screening as well. Section 11-102 of the zoning regulations requires that the ZBA may not issue or modify a variance unless all of the following circumstances are present: (1)The ZBA has made all findings and determinations required by state law for the granting of a variance; (2)The ZBA has made any additional findings and determinations required by a specific provision of this ordinance which relates to the variance. (3)The variance has been reduced to writing and includes any conditions prescribed by the ZBA or required by this ordinance for the variance in question. State law and city ordinance further require the ZBA to make the following findings and determinations: (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. Conditions necessary to support any findings may be attached to the variance decision. 4 Meeting Minutes. Approval of meeting minutes of December Motion to approve the meeting minutes 17, 2015 of December 17, 2015 by Sandy Hellums. Second by Janet Parisi. Ayes: Sandy Hellums, Ed Sobash, Don Yurewicz, Janet Parisi and Dave Miller. Motion carried. Adjournment. Ed Sobash moved to adjourn the meeting. Second by Ed Nikonowicz. Ayes: Sandy Hellums, Ed Sobash, Don Yurewicz, Janet Parisi and Dave Miller. Motion carried. The meeting was adjourned at 11:45 pm. 0 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov rIlie City of West University Place I .A eighbo hooc1 cm APPROVED THIS R.-0 DAY OF _ A 20 6. BSP ate: 11.ri Sandy Hellums,Presiding Officer II/ lip ATTEST: // Debbie Scarcella, City Planner 8 � 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov