HomeMy WebLinkAbout10272016 ZBA Agenda Item 4 110 rl,hc City (A \\lest [... niversity Place
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ZONING BOARD OF ADJUSTMENT
MUNICIPAL BUILDING
3800 UNIVERSITY BOULEVARD
REGULAR MEETING MINUTES
May 26,2016
6:30 pm
Sandy Hellums(voting),Ed Sobash(voting),Janet Parisi(voting),
I. MEMBERS PRESENT: Edward Nikonowicz(voting),Dave Miller(voting)and Neil Martin
Donald Yurewicz and Chris Heard
II. MEMBERS ABSENT:
Shelly Eversole,Legal Counsel; Debbie Scarcella,City Planner
III. STAFF PRESENT:
IV. CALL TO ORDER: 6:30 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. 6:30 p.m. Sandy Hellums asked each member posting requirements for this meeting had
to briefly introduce themselves and state if been met. Second by Dave Miller. Ayes:
they are voting or nonvoting. Debbie Sandy Hellums, Ed Sobash, Janet Parisi,
Scarcella, City Planner, stated that the agenda Edward Nikonowicz and Dave Miller.
items did not require public hearings or Motion carried.
notices, but were posted with the agenda per
state and local law. Sandy Hellums and
Shelly Eversole then described the meeting
procedures since there were no public
hearings scheduled.
2 Docket No. 2014-02, The applicant is requesting a time Ed Sobash moved to grant a one year
regarding a request for a extension in order to complete the extension to complete the work in Docket
time extension to permitted work regarding the additional 2014-002. Second by Sandy Hellums.
complete the permitted curb cuts that were authorized April 24, Ayes: Sandy Hellums, Ed Sobash, Janet
work. (No hearing 2014. The applicant is unable to complete Parisi, Edward Nikonowicz and Dave
required). the work within two years as prescribed by Miller. Motion carried.
the decision and the board rules. The
Zoning Board of Adjustments is solely
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authorized to grant an extension of time to
complete the work. The applicant is
asking for a one-year extension,until April
24, 2017, to complete the work. The
applicant spoke briefly explaining the
reason for the delay in construction.
3 Petition to Reconsider or The applicant,Jennifer Black,has submitted a Sandy Hellums moved to grant the
Rehear Docket 2015-18 petition requesting that the ZBA reconsider petition for a reconsideration or rehearing
regarding 6707 Academy and possibly modify the decision in Docket of the decision in Docket 2015-18.
Street. 2015-18 regarding activities at the ATT Second by Edward Nikonowicz. Ayes:
building site located at Ruskin and Academy. Sandy Hellums, Edward Nikonowicz,
The applicant addressed the board and Janet Parisi. Noes: Ed Sobash and Dave
discussed the concern that she and a group of Miller. Motion denied 3-2.
neighbors have regarding the decision in
Docket 2015-18 which was heard in January,
that has prompted ATT to reconfigure their
operations at the ATT facility on Academy
and Holcombe and specifically involves the
rear parking area located at Academy and
Ruskin. The neighbors believe that by not
allowing access through the parking area to
the loading dock at the rear of the facility,
larger delivery trucks will have to back up
and back in to a third driveway located on the
site of the commercially zoned building.
They believe this will cause traffic tie ups and
noise from those vehicles backing up. The
group of neighbors are concerned about
safety and additional noise caused by the
change in activity. The neighbors request a
reconsideration of the hearing or a rehearing
of the docket so that further discussion
regarding the existing operations can be had.
There was a great deal of discussion
regarding the existing operations versus the
changes that the altered operations would
bring. The board heard comments from the
following attendees:
Robert Grossman
Amar Patel
John Tainer
Katarina Schlachter
Boris Markinson
The applicant has submitted the request and
four additional residents have sent in similar
letters. According to the rules of procedure,
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the board can hear the information as an
agenda item and if it determines that there is
enough information to either reconsider or
modify the decision or conduct a new
hearing,then a hearing can be scheduled for
the next meeting date. Notices were not
required for this part of the request,but if the
board votes to reconsider or hold a new
hearing,notices will be required.
The board has the authority to hear this
petition. The board may deny the request and
the decision remains as it is. The board may
reconsider the decision in whole or in part,
and may modify or keep any part of it. The
board may also determine there is enough
new evidence or a change in the facts to
warrant a new hearing. There were three
requests in the original docket: an appeal of
the Administrative Official's determination,a
Special Exception request and a Variance
request.
5 Meeting Minutes. Approval of meeting minutes of January 28, Dave Miller moved to approve the
2016. minutes as amended. Second by Ed
Sobash. Ayes: Sandy Hellums,Ed
Sobash,Janet Parisi,Edward Nikonowicz
and Dave Miller. Motion carried.
Adjournment. The meeting was adjourned at 10:43 pm. Sandy Hellums moved to adjourn the
meeting. Second by Ed Sobash. Ayes:
Sandy Hellums, Ed Sobash, Janet Parisi,
Edward Nikonowicz and Dave Miller.
Motion carried.
APPROVED THIS DAY OF 2016.
Presiding Officer
ATTEST:
Debbie Scarcella,City Planner
0 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov
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ZONING BOARD OF ADJUSTMENT
MUNICIPAL BUILDING
3800 UNIVERSITY BOULEVARD
REGULAR MEETING MINUTES
July 28,2016
6:30 pm
Ed Sobash(voting),Edward Nikonowicz(voting),Chris Heard
I. MEMBERS PRESENT: (voting),Neil Martin(voting)and Dave Miller(voting)
Janet Parisi,Donald Yurewicz and Sandy Hellums
II. MEMBERS ABSENT:
Martye Kendrick,Legal Counsel; Debbie Scarcella,City Planner; and
III. STAFF PRESENT: Josie M. Hayes,Administrative Coordinator
IV. CALL TO ORDER: 6:35 pm.
Agenda Item Discussion Action
1 Call the meeting to order. Ed Sobash called the meeting to order at 6:35 Neil Martin moved to accept that all
Notices,Rules,Etc. p.m. Ed Sobash asked each member to briefly notices were properly posted and
introduce themselves and state if they are distributed for this meeting. Second by
voting or nonvoting. Debbie Scarcella, City Dave Miller. Ayes: Ed Sobash, Edward
Planner, stated that all notices were posted in Nikonowicz, Chris Heard, Neil Martin
accordance with state and local requirements. and Dave Miller. Motion carried.
Ed Sobash then described the hearing Ed Sobash administered the oath to all
procedures. witnesses.
Swearing in of witnesses. Dave Miller moved to designate Reid
Ed Sobash stated that there had been a request Wilson, representative of the owner in
by a representative of the owner, Reid Docket 2016-009. Second by Edward
Wilson, to be designated as a party to the Nikonowicz. Ayes: Ed Sobash, Edward
application. Nikonowicz, Chris Heard, Neil Martin
Discussion ensued regarding reordering the and Dave Miller. Motion carried.
agenda by moving agenda item 2 behind Edward Nikonowicz moved to reorder the
agenda item 4 because the decisions in items agenda and hear Docket 2016-009 before
3 and 4 may determine the decision in item 2. the request for refund in Docket 2016-
005. Second by Dave Miller. Ayes: Ed
Sobash, Edward Nikonowicz, Chris
Heard, Neil Martin and Dave Miller.
Motion carried.
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2 Docket No. 2016-05, The applicant in docket 2016-05, Robert After deliberation, motion to refund $200
regarding a refund of the Grossman, has requested that the Zoning made by Dave Miller. Second by Ed
application fee for appeal Board of Adjustment authorize the refund Nikonowicz. Ayes: Ed Sobash, Edward
of the Administrative of the application fee for said docket. The Nikonowicz, Chris Heard, Neil Martin
Official's Decision. (No applicant paid $400.00 total for the and Dave Miller. Motion carried.
hearing required). application. $150.00 of that fee is a
deposit for mailing notices and recording
fees. According to Appendix F of the City
Code of Ordinances, the ZBA may
authorize a refund of the fees or costs if 1)
the applicant prevails; 2)the ZBA reverses
of modifies an administrative interpretation
or other decision; and 3) the ZBA
determines that the refund would be just
and equitable under the facts and
circumstances of the case. The refund may
be in part or in whole.
In Docket 2016-05, the applicant appealed
the decision of the Administrative Official
regarding loading and unloading of
company service vehicles in the parking
area behind the ATT facility at the corner
of Ruskin and Academy. The ZBA
determined that the activity in question
was not an allowed activity on the
residentially zoned portion of the building
site. The decision was therefore reversed.
3 Docket No.2016-09, The applicant,Mr. Robert Grossman, is Dave Miller moved to close the
Property at 6707 appealing a decision of the Administrative evidentiary portion of the hearing.
Academy,West Official regarding approval of proposed plans Second by Edward Nikonowicz. Ayes:
University Place,Texas for a building site located at 6707 Academy Ed Sobash, Edward Nikonowicz, Chris
77005(Appeal) Street and"0"Ruskin Street(ATT facility). Heard, Neil Martin and Dave Miller.
The applicant requests that 1)the decision of Motion carried.
a. Public hearing the building official to issue Permit 16-00700
regarding an appeal of a be reversed;2)adopt a proposed decision that After deliberations Neil Martin moved to
decision of the a driveway connecting to 6707 Academy be reject the request for appeal of the AO
Administrative Official. prohibited; and 3)adopt a proposed decision determination to approve the plans in
that ATT must either remove the existing docket 2016-009. Second by Chris Heard.
b. Deliberation, fence and gates along Academy and not Ayes: None. Noes: Ed Sobash, Edward
decisions,other action,etc. construct other structures except to maintain Nikonowicz, Neil Martin, Dave Miller
regarding the preceding the masonry wall along Ruskin,or, and Chris Heard.Motion Failed.
matters. discontinue the parking of vehicles owned by
ATT or its employees on the lots.The Discussion resumed.
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applicant made a lengthy presentation Neil Martin moved to affirm the
regarding the residential nature and Administrative Official's determination
designation of the 6700 block of Academy. to approve the plans for permit issuance.
Second by Chris Heard. Ayes: Ed
There was no correspondence received in Sobash, Edward Nikonowicz, Chris
favor of the request and one letter against the Heard, Neil Martin and Dave Miller.
request. The following attendees spoke Motion Carried.
regarding the request:
Amar Patel,MD 4020 Ruskin
John Tainer 4107 Ruskin
Jennifer Black 4040 Ruskin
Boris Markhasin 4024 Ruskin
Alida Drewes 6112 Fordham
Jeff Relf 4039 Riley
Background Information
The AT&T site is an L-shaped property
located at the corner of Bellaire Boulevard
and Academy Street and extending to the
corner of Academy and Ruskin Streets. A
portion of the site is zoned Light Commercial
(C), another portion Single Family
(Detached)Third District(SF-3),and the
remainder Planned Development District
Single Family Second(PDD SF-2).The
property was developed initially on the south
portion of the building site in 1940 with
subsequent additions,including a major one
in 1956 that extended the building almost the
entire length of the lot fronting on Bellaire
Blvd. In 1970 and 1975,the City Council
enacted rezoning ordinances for six adjacent
rear lots along Ruskin to allow for parking of
company owned and employee owned
vehicles. The use of the existing building
structures on the site have basically remained
as a switching station for telephone service,
but has also housed multiple company related
activities throughout the years. At times there
have been a large number of occupants and at
other times a small number of occupants.
Recently the activity levels increased and
concerns were expressed that the business
activities occurring on site did not comply
with the ordinance restrictions on the use of
the rear lots for parking.
Staff researched and wrote a decision on
November 9,2015 regarding the activities
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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 at a meeting held on January
28,2016,and denied the special exception
and variance requests.
Subsequently,in order to comply with the
ZBA decision of January 28,2016,
construction plans were submitted showing
work to relocate the trash collection area and
reconfigure the area between the rear of the
building and the parking area to use for
service vehicle deliveries. The plans also
showed the installation of a masonry fence
with opaque gates across the driveways along
the Academy property line. The fence is
shown continuing along the north property
line of the commercially zoned site in order to
provide a screen for the trash collection area
and loading area. Additional plantings are
planned through here as well for screening
purposes.
Staff Response
The property owner will have to relocate the
garbage collection/pickup area and the
location for its delivery vehicles to access the
loading/unloading area. The property owner
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proposed to use an existing driveway curb cut
for access off of Academy that is wholly
located on the commercial building site. This
curb cut/access has been located on this
property and not changed for quite some time.
A wrought iron fence was installed just inside
the property line across the area that would
normally be accessed from this curb cut,but
the curb cut/access is still useable and was not
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changed or removed to install the existing
fence section. Any Prior Nonconforming
(PNC)status that the curb cut/access has
acquired has not been lost.
The applicant also believes the approval was
in conflict with Section 8-104 of the zoning
regulations regarding the location of the curb
cut/access. Section 8-104 prohibits a
driveway or curb cut from being oriented
toward or connected to a residential street
when a building site with a non-residential
use abuts both a residential street and a major
thoroughfare. The definition of major
thoroughfare includes Bellaire Boulevard.
The definition of residential street is a street
where within 200 feet of a given site, 51
percent or more of the property fronting on
either side of the street is within a residential
district. A property"fronts"a street where
the front setback or yard shares a property
line with the street right of way. All of the
residential properties along Academy"front"
on either Cason or Ruskin Streets. This
portion of Academy,for zoning regulation
purposes,would not be considered a
residential street. If we did calculate the
linear footage of all of the properties abutting
Academy up to Ruskin Street on each side,
the footage of the commercial properties still
exceed,percentage wise,the footage of the
residential properties.
The proposed fence is planned along the
Academy property line to the northern most
curb cut/access. Per Table 7-6 of the zoning
ordinance, a fence is an allowed projection or
encroachment no matter which zoning district
the building site lies in. The fence will have
to meet provisions for a masonry fence
contained in Chapter 18 of the code of
ordinances. While the originating ordinance
amendments 932 and 1039 prohibited other
structures on the parking area lots,the zoning
ordinance at that time did not list a definition
of"structure"or contain fencing
requirements. The word structure would have
been referring to a building of some sort, such
as a gatehouse to monitor the entry and exit of
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vehicles or even any further additions to the
main facility.
The ZBA has the authority to affirm,reverse
or modify the administrative official's
determination in part or in whole. 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. In this
instance,the board cannot revoke or suspend
a permit,but can only reverse the
determination by the administrative official
that the plans comply with the zoning
regulations.
4 Docket No. 2016-10, The applicant submitted a petition requesting Dave Miller moved to deny the request
regarding an application that the ZBA consider new evidence not for a rehearing/reconsideration of the
for presented at the public hearing for Docket decision due to the presentation of
rehearing/reconsideration information being the same as that
2016-005 pm June 23, 2016. Sandy Hellums,
of a decision in Docket presented in the initial hearing. Second
2016-005 regarding as required by the ZBA rules of procedure,
g g moved to place the request on the ZBA by Chris Head. Ayes: Chris Heard,
property at"0"Ruskin p q Dave Miller and Neil Martin. Noes Ed
and 6707 Academy. (No agenda so that a determination of whether or Nikonowicz and Ed Sobash. Motion
hearing required). not there is new evidence to be provided to Failed 3-2.
warrant a new hearing or a reconsideration of
the decision. Discussion resumed regarding the use of
the parking area for activities other than
According to the rules of procedure,the board parking.
first must hear the information as an agenda
item and if it determines that there is enough Edward Nikonowicz moved to deny the
information to either reconsider or modify the request to rehear/reconsider Docket
decision or conduct a new hearing, then a new 2016-005. Second by Neil Martin.
hearing can be scheduled for the next meeting Ayes: Ed Sobash, Edward Nikonowicz,
date. Notices are not required for this part of Chris Heard, Neil Martin and Dave
the request,but if the board votes to Miller. M o ion Carried.
reconsider or hold a new hearing,notices will
be required at that time.
The applicant,ATT,represented by Reid
Wilson, made a short presentation reiterating
their request. Mr. Wilson introduced Johnny
Nicolson,the on-site supervisor of the Direct
TV division of ATT to present new evidence
as to the layout of the facility and activities of
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the workers. This was in rebuttal to claims
made at the hearing that the building had
become a warehouse and distributor type
operation. Mr.Wilson then introduced John
Neighbors,past Mayor Protemp,who chaired
the public hearing when the property was
initially rezoned and approved as a parking
area. Mr.Neighbors shared his thoughts on
why the rezoning took place and shared that
there were both employee vehicles and
company vehicles parking on the streets. The
rezoning was an effort to get as many
vehicles as possible off of the street in
response to the many neighbor complaints.
The board has the authority to hear this
petition. The board may deny the request and
the decision remains as it is. The board may
reconsider the decision in whole or in part,
and may modify or keep any part of it. The
board may also determine there is enough
new evidence or a change in the facts to
warrant a new hearing. The original decision
was to determine if the activities of loading
and unloading company service vehicles for
the purposes of stocking up supplies and
taking inventory were allowed uses on the
residentially zoned portion of the building
site. The decision is attached for your
information.
5 Meeting Minutes. Approval of meeting minutes of May 26, Approval of minutes deferred until the
2016. next meeting.
Approval of meeting minutes of June 23, Dave Miller moved to approve the
2016 minutes as amended. Second by Edward
Nikonowicz. Ayes: Ed Sobash,Edward
Nikonowicz,Chris Heard,Neil Martin
and Dave Miller. Motion carried.
Adjournment. The meeting was adjourned at 10:43 pm. Edward Nikonowicz moved to adjourn
the meeting. Second by Dave Miller.
Ayes: Ed Sobash, Edward Nikonowicz,
Chris Heard, Neil Martin and Dave
Miller. Motion carried.
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APPROVED THIS DAY OF 2016.
Presiding Officer
ATTEST:
Debbie Scarcella,City Planner
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Discussion Regarding Meeting Minutes of July 28,2016 and Decision in Docket 2016-009
At the beginning of deliberations on July 8, 2016 for Agenda Item number 3,there was discussion as to
whether or not Academy(6700 block) should be considered a residential street for the purpose of the
application of the regulation. The applicant requested this determination be made. Just before the first
motion (Recording#2, at marker 1:41:03), Dave Miller begins to state a motion as to whether or not
Academy is a residential street. There were brief discussions with the City Attorney during this time.
Neil Martin then moved to reject the appeal of item 2016-009. Chris Heard made a second. Again there
was some byplay with the City Attorney and Debbie Scarcella about the wording of the motion and
procedure once a motion has a second. The advice was to finish the vote on this motion. The motion
failed unanimously.
Neil Martin then moved to affirm the decision of the AO in docket 2016-009. The motion passed
unanimously.
In reviewing the minutes, under staff response in the staff report and the minutes, there are points made
as to whether or not staff considered Academy a residential street. These points had to do with the
definition of a residential street, as well as whether or not certain items enjoyed PNC status. These items
were integral in staff's determination to issue the permit, which was the very core of the appeal. Much
of the evidence and testimony heard by ZBA centered on whether Academy was a residential street or
not. Although that statement was not specifically part of the actual motion, it was discussed just prior
and was part of the answer to the applicant's appeal. Staff has revised both the decision and the
minutes. A copy of the original decision and revision is attached, as well as the minutes. There is no
requirement to reflect the motion word for word in the decision. By affirming the AO's decision,ZBA
implies that Academy is not a residential street for the purpose of applying this zoning regulation.
iriAl The City of West University Place
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I Neil;Iib Ijtxxi citl
Zoning Board of Adjustment
City of West University Place, Texas ("City")
Docket No: 2016-009
DECISION REGARDING AN APPEAL
FROM A DECISION OF THE ADMINISTRATIVE OFFICIAL
Address of building site: 4068 Bellaire Boulevard, 6707 Academy and"0"Ruskin Street
Legal description of the building site: Lot 1-6, Block 25 of Collegeview, Section 1, in Harris
County,Texas.
Applicant: Robert Grossman
Decision Appealed From: Determination of the Administrative Official regarding approval of
proposed plans for a building permit. Applicant requested a reversal and revision of the
determination. Applicant also requested a determination as to whether or not the 6700 block of
Academy Street meets the definition of a residential street.
Notice,Hearing,Determinations, Vote:
(X) Notice of hearing was given by: Mail and on-site posting, in
accordance with Article 11 of the Zoning Ordinance, by Debbie S c a r c e l l a, City
Planner of the City.
(X) Hearing was held on July 28,2016.
(X) Findings and determinations(if any)have been made, as follows:N/A
(X) The vote was: 5 in favor, 0 against this decision
Decision of the Zoning Board of Adjustment(subject to all applicable appeals):
Under and subject to the City's Zoning Ordinance and applicable law, the Zoning Board of
Adjustment hereby takes the following action with regard to the administrative decision
referenced above:
()reverses, in()whole or ( )part
(x)Affirms, in(x)whole or ( )part
( )modifies,
( ) other action(describe) ,
And, accordingly, the Board makes the correct order, requirement, decision or determination, as
follows:
The plans submitted and approved for building permit are in
compliance with the zoning regulations . The AO' s decision was
in part based upon Academy Street (6700 block) not meeting the
definition of a residential street .
Other Provisions:
THIS DECISION APPLIES ONLY TO THE SPECIFIC ITEMS DEFINED ABOVE. IT DOES
NOT APPLY TO ANY OTHER ASPECT, USE OR PART OF THE SITE OR STRUCTURE iN
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QUESTION,NOR DOES IT APPLY TO ANY OTHER ACTIVITY, SITE OR STRUCTURE.
TO OBTAIN A RULING FOR ANY OTHER ITEM REQUIRES SEPARATE APPLICATION,
NOTICE, HEARING, PROOF AND BOARD FINDINGS. NOTHING IN THIS DECISION
IMPLIES THAT ANY SUCH FINDINGS WOULD OR WOULD NOT BE MADE BY THE
BOARD.
THIS DECISION REMAINS IN EFFECT FOR AN INDEFINITE PERIOD,UNLESS A
TEMPORARY OR FIXED PERIOD IS INDICATED ABOVE. THIS DECISION REMAINS
SUBJECT TO THE REGULATORY JURISDICTION OF THE CITY. IT MAY BE
AMENDED OR REVOKED. THIS DECISION GRANTS NO PROPERTY RIGHT OR
VESTED RIGHT OF ANY KIND.
Effective Date&Appeals: Subject to any applicable appeals,this decision takes effect on the
date it is filed in the Board's office(c/o Secretary of the Zoning Board of Adjustment, 3826
Amherst, West University Place,Texas 77005),unless otherwise indicated above. Any re-
hearing of this decision is governed by the rules of the Zoning Board of Adjustment. Any
appeals of this decision are subject to and governed by applicable ordinances and laws,
including: the Zoning Ordinance and Chapter 211, Tex. Local Government Code. Under
Chapter 211,petitions for judicial review must be presented within 10 days after the date this
decision is filed in the Board's office.
ZONING BOARD OF ADJUSTMENT,
CITY OF WEST UNIVERSITY PLACE, TEXAS
By:
Presiding Officer, Zoning Board of Adjustment
STATE OF TEXAS
COUNTY OF HARRIS
This instrument was acknowledged before me on (date) by
(name) as Presiding Officer of the Zoning Board of Adjustment of the City of West University Place,
Texas.
(SEAL)
My commission expires:
Notary Public
This instrument was filed in the Board's office on , and, if a
mailing list is attached, copies were mailed to the persons on the list on (N/A) .
By:
Name:
Title:
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A \eitililx,tllUxx.1 City
ZONING BOARD OF ADJUSTMENT
MUNICIPAL BUILDING
3800 UNIVERSITY BOULEVARD
REGULAR MEETING MINUTES
September 22,2016
6:30 pm
Ed Sobash(voting),Edward Nikonowicz(voting),Donald Yurewicz
I. MEMBERS PRESENT: (voting)and Chris Heard(voting),Neil Martin(voting)
Sandy Hellums-Gomez,Janet Parisi and Dave Miller
II. MEMBERS ABSENT:
Martye Kendrick, Legal Counsel; Debbie Scarcella,City Planner and
III. STAFF PRESENT: Josie M.Hayes,Administrative Coordinator
IV. CALL TO ORDER: 6:42 pm.
Agenda Item Discussion Action
1 Call the meeting to order. Ed Sobash called the meeting to order at 6:35 Chris Heard moved to accept that all
Notices,Rules,Etc. p.m. Ed Sobash asked each member to briefly notices were properly posted and
introduce themselves and state if they are distributed for this meeting. Second by
voting or nonvoting. Debbie Scarcella, City Neil Martin. Ayes: Ed Sobash, Edward
Planner, stated that all notices were posted in Nikonowicz, Donald Yurewicz, Chris
accordance with state and local requirements. Heard and Neil Martin. Motion Carried.
Ed Sobash then described the hearing Ed Sobash administered the oath to all
procedures. witnesses.
Swearing in of witnesses.
2 Docket No. 2016-14, Before the hearing began,Ed Sobash stated that Motion to designate Robert Grossman as
regarding property at there were two requests to be designated as a a party to the application due to the
6707 Academy; "0" party to the application. Mr. proximity of his residence to the property
Ruskin Street, West Robert Grossman requested that he be involved in the matter by Neil Martin.
University Place, Texas designated as a party due to the proximity of the Second by Chris Heard.Ayes: Ed Sobash,
77005(Special Exception) site to his residence. Mr. Amar Patel also Edward Nikonowicz, Donald Yurewicz,
a. Public hearing requested to be designated as a party to the Chris Heard and Neil Martin. Motion
regarding a request for a application due to the proximity of his residence Carried.
special exception. to the building site.
Motion to designate Mr. Patel as a party
b. Deliberation, The applicant, AT&T, represented by Reid to the application due to the proximity of
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decisions, other action, etc. Wilson, requested a special exception as his residence to the property involved in
regarding the preceding authorized by Section 12-06 of the zoning the matter by Chris Heard. Second by
matters. regulations, which grants Prior Nonconforming Edward Nikonowicz. Ayes: Ed Sobash,
status for items that were shown in plans, Edward Nikonowicz, Donald Yurewicz,
approved, permitted and constructed in Chris Heard and Neil Martin. Motion
accordance with the approved plans,but end up carried.
being nonconforming to the regulations. The
AT&T site is an L-shaped property located at Motion to close the evidentiary portion of
the corner of Bellaire Boulevard and Academy the hearing was made by Edward
Street and extending to the corner of Academy Nikonowicz. Second by Donald
and Ruskin Streets. A portion of the site is Yurewicz. Ayes: Ed Sobash, Edward
zoned Light Commercial (C), another portion Nikonowicz, Donald Yurewicz, Chris
Single Family(Detached) Third District(SF-3), Heard and Neil Martin. Motion carried.
and the remainder Planned Development District
Single Family Second (PDD SF-2). The After deliberation, Chris Heard made a
property was developed initially on the south motion to approve the special exception
portion in 1940 with subsequent additions, to acquire Prior Non-Conforming status
including a major one in 1956 that extended the allowing the continuation of the use of
building almost the entire length of the lot the parking area to house a waste storage
fronting on Bellaire Blvd. In 1970 and 1975,the area and as access to a dock area at the
City Council enacted rezoning ordinances for six rear of the building with the following
adjacent rear lots along Ruskin for parking of conditions: (a) An 8' brick or masonry
company owned and employee owned vehicles. wall with opaque gates must be
The use of the structures on the site have constructed around the site (b) The
basically remained as a switching station for loading dock/platform may not be
telephone service, but has also housed multiple increased in size (c)Tree screening with
1 company related activities throughout the years. irrigation must be installed along Ruskin
At times there have been a large number of and Academy (d) No eighteen-wheelers
occupants and at other times a small number of or tractor trailers may use the parking
occupants. Recently the activity levels increased area and (e) Owner is to take reasonable
and concerns were expressed that the business steps to reduce the noise emanating from
activities occurring on site did not comply with the site. Seconded by Donald Yurewicz.
the ordinance restrictions on the use of the rear Ayes: Ed Sobash, Edward Nikonowicz,
lots for parking. Staff researched and wrote a Donald Yurewicz Chris Heard and Neil
decision on November 9, 2015 regarding the Martin.Motion Carried.
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. The applicant filed an
application appealing this decision, asking for a
special exception under a different zoning
regulation and asking for a variance. The initial
hearing was held in January 2016,with a request
for a new hearing/reconsideration in May 2016.
The ZBA affirmed the decision and did not grant
the special exception or variance. The applicant
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3800 University Boulevard I West University Place, TX 77005 ( www.westutx.gov
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is now asking for a special exception under a
different section of the zoning regulations.
Mr. Wilson presented several permits from the
past that the applicant believes shows the waste
storage area and permitting for the screening as
well as plans that clearly show a pathway from
the two southern-most driveways to the
loading platform/dock area at the rear of the
main structure. The applicant also presented
plans showing permitting for the loading
platform/dock area.
Staff received one letter against the application
and two letters in favor of the application. They
were provided in the meeting packets.
Citizens speaking in favor of the application
were:
Jennifer Black 4040 Ruskin
John Tsertos 4103 Riley
Jeff Relf 4039 Riley
John Neighbors 4718 Hallmark
Alida Drewes 6112 Fordham
Citizens speaking against the application were:
Brennan Reilly
John Tainer 4107 Ruskin
Boris Markhasin 4024 Ruskin
Mr. Robert Grossman spoke as a party against
the application. Mr.Grossman believes that the
intensity of the business activities onsite have
created a warehouse/distribution center/truck
depot against the zoning regulations. He also
does not agree with the interpretation that
Academy is a residential street. He would
prefer that any entry and exit to the site be off of
Bellaire Street,which would then not affect any
of the residential properties on Academy.
Mr. Amar Patel spoke as a party against the
application. Mr. Patel first read a letter from
David Cole,who resides on Cason Street. This
letter had been provided to the board members
via the meeting packets. Mr. Patel then spoke
regarding the additional traffic, pedestrian
safety,and property value decreases.
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3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov
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Section 12-106 was enacted in 2008 to allow for
alternative relief to a variance when there was a
clear indication that approved plans showed
nonconformity with the zoning regulations and
the nonconformity was built according to plan.
The applicant believes that both the waste
storage area and the dock area were approved,
permitted and constructed with no knowledge of
nonconformance at the time of construction.
The applicant has provided several different
permits and plans of the areas in question.
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. To issue a special exception to
section 12-106, the ZBA must find that a
structural item did not conform to the ordinance
when it was constructed or established by
affirming that:
1) The nonconformance was clearly shown in
plans and specifications;
2)Before the work was done,neither the owner,
contractor nor any other person assisting with
the work knew about the noncompliance;
3) The nonconformance was covered by the
permit and the permit was regularly issued;
4) After learning of the nonconformance, the
owner promptly conferred with the
administrative official;
5) The item will neither constitute a health or
safety hazard nor cause a significant impact
upon another person or property;and,
6) The item can be brought into compliance
within the time period specified at a modest or
reasonable cost, unless the ZBA finds that the
impact of the item on other persons or properties
is either nil or extremely small.
The special exception must specify a time
period to be brought into compliance (if
required). Additionally, any special exception
may contain conditions designed to:
1)Reduce nonconformance;
2)Mitigate the effects of nonconformance;
3) Achieve conformance sooner than the
specified time period;and,
4)Any combination of the foregoing.
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