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HomeMy WebLinkAbout09222016 ZBA Minutes The City of West University Place A Neighborhood C tl 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 1 TOP WORK 0 PLACES 3800 University Boulevard l West University Place, TX 77005 l www.westutx.gov The City of West University Place A Neighborhood City 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 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 2 TOP 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov 0 The City of West University Place ....) t Neighborhood Citt 1 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. 3 TOP WORK PLACES 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov The City of West University Place A Neighborh(x)d Neighborhood City 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. 4 TOP WORK PLACES 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov The City of West University Place A Neighborhood City Additionally, 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. 3 Meeting Minutes. Approval of meeting minutes of May 26, Donald Yurewicz made a motion to defer 2016 and July 28, 2016. the minutes of May 26, 2016 and July 28, 2016 until the next meeting. Second by Edward Nikonowicz. Ayes: Ed Sobash, Edward Nikonowicz,Donald Yurewicz, Chris Heard and Neil Martin. Motion Carried. Adjournment. The meeting was adjourned at 11:18 pm. Ed Nikonowicz moved to adjourn the meeting. Second by Ed Sobash. Ayes: Ed Sobash, Edward Nikonowicz, Donald Yurewicz, Chris Heard and Neil Martin. Motion Carried. APPROVED THIS; DAY 0 7►A f 201.. !x!11 Pr: iding Off a41/4 ATTEST: Josie M.Hayes,Public Works Administrator Coordinator 5 TOP WORK PLACES 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov