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Home My WebLink About05242018 ZBA Agenda Item 5 0 The City of West University Place l Neightx)rlicxx.t r itl ZONING BOARD OF ADJUSTMENT MUNICIPAL BUILDING 3800 UNIVERSITY BOULEVARD REGULAR MEETING MINUTES October 27,2016 6:30 pm Ed Sobash(voting),Edward Nikonowicz(voting),Janet Parisi(voting), MEMBERS PRESENT: Donald Yurewicz(voting),Chris Heard(voting),Neil Martin and Dave Miller Sandy Hellums-Gomez II. MEMBERS ABSENT: • Martye Kendrick, Legal Counsel; Debbie Scarcella,City Planner and III. STAFF PRESENT: Josie M. Hayes,Administrative Coordinator IV. CALL TO ORDER: 6:32 pm. Agenda Item Discussion Action 1 Call the meeting to order. Ed Sobash called the meeting to order at 6:32 Edward Nikonowicz moved to accept that Notices,Rules,Etc. p.m. Ed Sobash asked each member to briefly all notices were properly posted and introduce themselves and state if they are distributed for this meeting. Second by voting or nonvoting. Debbie Scarcella, City Donald Yurewicz. Ayes: Ed Sobash, Planner, stated that all notices were posted in Edward Nikonowicz, Janet Parisi, Donald accordance with state and local requirements. Yurewicz and Chris Heard. Motion Ed Sobash then described the hearing Carried. procedures. Ed Sobash administered the oath to all Swearing in of witnesses. witnesses. 2 Docket No. 2016-0012, The applicant in Docket 2016-0012, James Motion to close the evidentiary portion of regarding property at and Megan Bishop, has requested a the hearing was made by Janet Parisi. 2719 Arbuckle, West variance granting an exemption for Second by Donald Yurewicz. Ayes: Ed University Place, Texas replacing a garage structure. Sobash, Edward Nikonowicz, Janet 77005(Variance) Parisi, Donald Yurewicz and Chris a. Public hearing Staff received two letters in favor of the Heard.Motion carried. regarding a request for a application. They were provided in the special exception. After deliberations Janet Parisi made a meeting packets. motion to approve the variance to Section b. Deliberation, 7-4a, "Garage Space", in order to waive decisions, other action, etc. Citizen speaking in favor of the application the requirement for a garage on the 1 OP KACES 10 3800 University Boulevard West University Place, TX 77005 I www.westutx.gov rI he City of West University Place 1 \ei,: h1 n 1hcxxl( tt regarding the preceding was: property with the following conditions: matters. Ed Heathcott,2729 Arbuckle (1) as long as the tree (26" Ash) remains healthy per the Urban Forester and(2)the Background Information• square footage of the structures is not The property at 2719 Arbuckle is in a increased. Seconded by Donald Single-Family 3 (SF3) zoning district. A Yurewicz. Ayes: Ed Sobash, Edward residence and garage was constructed in Nikonowicz, Janet Parisi, Donald Yurewicz and Chris Heard. Motion 1938. Records indicate a second floor and Carried(5-0). various small remodeling permits have been issued since then.The structure meets the definition of"old stock housing". The garage is still the original 16 x 18 that was built in 1938. The applicant has evidence that the foundation of the gar age was not in good shape and consequently, the garage was very close to becoming dilapidated and was leaning in sagging in many places. A large ash tree located mostly in the neighbor's yard has about half of its critical root system within the area that would be affected by the construction of a new garage. The applicant believes that any excavation for a new foundation, plus the change in weight, etc. of a new foundation, would adversely affect the tree. The applicant would like to demolish the existing garage structure, but keep the foundation and cover it with decomposed granite (or equivalent) to utilize as a parking pad. Staff Response: Table 7-4(a) of the zoning regulations establishes the requirement for a garage structure containing tow parking spaces for each single family residential site. An exception for"old stock housing" allows a one parking space garage structure. Since the principle structure at 2719 Arbuckle meets the definition, a single car structure would be allowed. The applicant feels that because of the location of the driveway and the rear portion of the house/deck structure, if the garage was moved over to 2 TOP 0 rtACE+ 3800 University Boulevard l West University Place, TX 77005 I www.westutx.gov The City of West University Place A Neighborhood City make room for the roots of the tree, the maneuvering space outside the garage would be difficult to use. There is also not a lot of flexibility for the location of the driveway because of the location of the house and the tree's root zone. These are a few of the reasons a variance is being south. Section 82-10 of the City Code of Ordinances allows for consideration of the preservation of a tree as meeting the hardship test. Section 82-10 also allows flexibility in applying the requirements of an ordinance section when it will keep from destroying, damaging or removing a large tree. The applicant originally applied for and was placed on the docket for the meeting scheduled for August 25, 2016 which was cancelled because the board could not attain a quorum. Staff authorized a permit to demolish the garage due to its worsening condition, so the garage has already been removed. Chapter 18 of the Code of Ordinances authorizes the issuance of a permit or partial permit under certain circumstances when there is an application for relief pending. Staff believes that the ZBA has the authority to grant this variance, but according to Section 11-102, the ZBA may not issue 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. A "special condition" or "hardship" that is self-created, personal or based only on financial reasons is not sufficient to support the issuance of a variance. (2) The ZBA has made any additional findings and determinations required by a specific provision of this section 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 section for the 3 TTOP macs 3800 University Boulevard l West University Place, TX 77005 www.westutx.gov 0 The City of West University Place A Neighborhood City variance in question. 3 Docket No. 2016-0017, The applicant in Docket 2016-0017, Kevin Motion to close the evidentiary portion of regarding property at Hanratty/Fajitas A Go Go, has requested a the hearing was made by Edward 5404 Kirby, West variance from Section 8-104(a), of Nikonowicz. Second by Janet Parisi. University Place, Texas Appendix "A" of the City Code of Ayes: Ed Sobash, Edward Nikonowicz, 77005 (Variance) Ordinances to allow a sign to face a Janet Parisi, Donald Yurewicz and Chris a. Public hearing residential street. Heard.Motion Carried. regarding a request for a special exception. Staff received four letters in favor of the After deliberations, Edward Nikonowicz made a motion approve the variance to b. Deliberation, application.They were provided in the allow for the installation of a sign on the decisions, other action, etc. meeting packets. Southeast property line facing Albans regarding the preceding Road and perpendicular to Kirby Drive matters. Citizens speaking in favor of the application per the approved site plan. Seconded by was: Randall Richardson,2619 Albans Donald Yurewicz. Ayes: Ed Sobash, Edward Nikonowicz, Janet Parisi, Background Information: Donald Yurewicz and Chris Heard. The building site at 5404 Kirby Drive is Motion Carried (5-0). located in a Commercial(C)zoning district at the intersection of Kirby Drive and Albans Road.The building site previously housed Subway Sandwiches and has recently been remodeled and renovated as the new home for Fajitas A Go Go. There was a pole sign located at the Southeast corner of the site which had acquired prior nonconforming status. The sign was removed during the course of renovations and when the sign was removed,prior nonconforming status was lost.The requirements in Chapter 6 of the City Code of Ordinances limits where a ground sign may be located on a building site. The applicant would like to locate the double faced sign where it was located previously and the sign will be perpendicular to Kirby Street so that one face is oriented South toward Kirby Drive and the other face toward Albans Road. The applicant received a variance from the Building and Standards Commission at their last meeting for the location of the sign. Staff Response: Section 8-104(a)of the zoning regulations requires that on a building site located at the 4 TOP WORK PLACES 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov "1'he City of West University Place I Neighborhood City corner of a main thoroughfare and a residential street, the front entrance, curb cuts, driveways and signs be oriented so that they do not face the residential street.Kirby Drive is defined as a major thoroughfare and Albans Road is a residential street.The pole sign will be located on the opposite side of the building site from Albans Road,but will face Albans Road. 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 has made all findings and determinations required by state law for the granting of a variance. A"special condition" or"hardship"that is self-created,personal or based only on financial reasons is not sufficient to support the issuance of a variance. (2)The ZBA has made any additional findings and determinations required by a specific provision of this section 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 section for the variance in question. 4 Meeting Minutes. Approval of meeting minutes of May 26, Edward Sobash moved to approve the 2016,July 28, 2016 and September 22, 2016. May 26, 2016 minutes as amended. Second by Janet Parisi. Ayes: Ed Sobash, Edward Nikonowicz, Janet Parisi, Donald Yurewicz and Chris Heard. Motion Carried. Edward Nikonowicz moved to approve the July 28, 2016 minutes as amended. Second by Ed Sobash. Ayes: Ed Sobash, Edward Nikonowicz, Janet Parisi, Donald Yurewicz and Chris Heard. Motion Carried. Edward Nikonowicz moved to approve the September 22, 2016 minutes. Second by Donald Yurewicz. Ayes: Ed Sobash, Edward Nikonowicz, Janet Parisi, Donald Yurewicz and Chris Heard. Motion Carried. Adjournment. The meeting was adjourned at 8:23 pm. Ed Sobash moved to adjourn the meeting. Second by Janet Parisi. Ayes: E sh, OF 5 MAC 5 3800 University Boulevard West University Place, TX 77005 l www.westutx.gov C. The City of West 'University city Place ...) t Neighborhood( in- ZONING BOARD OF ADJUSTMENT MUNICIPAL BUILDING 3800 UNIVERSITY BOULEVARD REGULAR MEETING MINUTES January 26,2017 6:30 pm Edward Nikonowicz(voting),Janet Parisi(voting),Donald Yurewicz I. MEMBERS PRESENT: (voting),Chris Heard(voting),Neil Martin and Dave Miller(voting) Sandy Hellums-Gomez and Ed Sobash II. MEMBERS ABSENT: Martye Kendrick,Legal Counsel,Dave Beach,Public Works Director III. STAFF PRESENT: and Josie M.Hayes,Administrative Coordinator IV. CALL TO ORDER: 6:31 pm. Agenda Item Discussion Action 1 Call the meeting to order. Chris Heard called the meeting to order at Dave Miller made a motion to nominate Notices,Rules,Etc. 6:31 p.m. Chris Heard asked each member to Chris Heard as the temporary presiding briefly introduce themselves and state if they Chairman because the Chairman and Vice are voting or nonvoting. Josie M. Hayes, Chairman were unable to attend the Administrator Coordinator, stated that all meeting. Second by Janet Parisi. Ayes: notices were posted in accordance with state Edward Nikonowicz, Janet Parisi, Donald and local requirements. Chris Heard then Yurewicz, Chris Heard and Dave Miller. described the hearing procedures. Motion Carried. Janet Parisi moved to Swearing in of witnesses. accept that all notices were properly posted and distributed for this meeting. Second by Dave Miller. Ayes: Edward Nikonowicz, Janet Parisi, Donald Yurewicz, Chris Heard and Dave Miller. Motion Carried. Chris Heard administered the oath to all witnesses. 2 Docket No. 2017-0001, The applicant in Docket 2017-0001,David Motion to close the evidentiary portion of regarding property at Crow; authorized representative of HISD the hearing was made by Dave Miller. 3756 University, West and Tri-Sports, has requested a variance to Second by Edward Nikonowicz. Ayes: University Place, Texas grant a variance to allow new shade Edward Nikonowicz, Janet Parisi, Donald 7005(Variance) Yurewicz, Chris Heard and Day ' ler. 1 ,$ 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov 0 C., I he City of West University Place ....) I Ncig11 orh(x.d C,itl' a. Public hearing structures over existing bleachers located Motion carried. regarding a request for a in both the side and front yard setback and special exception. to allow additional accessory structures After deliberations Edward Nikonowicz exceeding the allowed limit in a residential made a motion to approve the variance to b. Deliberation, zoning district. Section 7-2, "Yards (or `setbacks')and 7- decisions, other action, etc. 4b, "Buildings", to allow new shade regarding the preceding Staff did not receive any correspondence in structures over existing bleachers located matters. favor or against of the application. in both the side and front yard setback and to allow additional accessory structures exceeding the allowed limit in Citizens speaking against the application a residential zoning district with the was: following conditions: (1) the property Serpell Edwards, 3751 Rice and Alida continue to be used for park purposes, Drewes,6112 Fordham. (2)the existing lease between HISD, City of West University Place and Tri-Sports Background Information: continue to be in affect or an extensions The property at 3756 University is in a thereof and (3) the new structures be Single-Family(SF3)zoning district but has consistent with the exhibits presented at been used since the 1940's as a school site. the meeting. Seconded by Dave Miller. A portion of the site has also been utilized Ayes: Edward Nikonowicz, Janet Parisi, as Little League Fields and in 2004; the Donald Yurewicz, Chris Heard and Dave Miller. Motion Carried(5-0). school district (on behalf of the Tri-Sports Association) obtained a special exception authorizing the structures that are currently there through granting Prior Nonconforming status. The school district has authorized Tri-Sports, through David Crow, to act on their behalf for this request. The applicant requests a variance to allow two covers over the bleachers located on the field at the corner of Auden and University, which will encroach into the side setback on the Auden side and the front setback on the University side. They also requested a variance to exceed the number of accessory structures allowed in a single family zoning district. Staff Response: Table 7-2 of the zoning regulations establishes setbacks for each building site. Existing bleachers and a concession /press box structure encroach into the side and front setbacks and were authorized by a ZBA decision in 2004. The applicant is requesting a variance which would allow 0 a 2 TOP AORK 3800 University Boulevard I West University Place, TX 77005 ( www.westutx.gov rilCi. The City of West University Place . 1...) , 1Ncif hl xor hcxxi Cuff them to construct two 20' x 45' shade structures over each set of bleachers. A variance is required since the structures did not previously exist and were not included in the 2004 decision. In addition, Table 7- 4b limits the number of accessory structures on a building site in a single family district to three. The site currently houses numerous accessory uses and structures. Adjournment. The meeting was adjourned at 7:13 pm. Edward Nikonowicz moved to adjourn the meeting. Second by Dave Miller. Ayes: Edward Nikonowicz, Janet Parisi, Donald Yurewicz, Chris Heard and Dave Miller. Motion Carried. APPROVED THIS DAY OF 2018. Presiding Officer ATTEST: Josie M. Hayes,Public Works Administrator Coordinator 3 TOP 0 Al.ACES 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov C., The City of West University Place um) A A\'ei hlx»ttfxxi(:in- ZONING BOARD OF ADJUSTMENT MUNICIPAL BUILDING 3800 UNIVERSITY BOULEVARD REGULAR MEETING MINUTES June 22,2017 6:30 pm Ed Sobash(voting),Edward Nikonowicz(voting),Janet Parisi(voting), I. MEMBERS PRESENT: Chris Heard(voting)and Dave Miller(voting) Sandy Hellums-Gomez,Donald Yurewicz and Neil Martin II. MEMBERS ABSENT: Martye Kendrick,Legal Counsel,Clay Chew,Chief Building Official III. STAFF PRESENT: and Josie M. Hayes,Administrative Coordinator IV. CALL TO ORDER: 6:30 pm. Agenda Item Discussion Action 1 Call the meeting to order. Ed Sobash called the meeting to order at 6:30 Dave Miller moved to accept that all Notices,Rules,Etc. p.m. Chris Heard asked each member to notices were properly posted and briefly introduce themselves and state if they distributed for this meeting. Second by are voting or nonvoting. Josie M. Hayes, Chris Heard. Ayes: Ed Sobash, Edward Administrator Coordinator, stated that all Nikonowicz, Janet Parisi, Chris Heard notices were posted in accordance with state and Dave Miller. Motion Carried. and local requirements. Ed Sobash then Ed Sobash administered the oath to all described the hearing procedures. witnesses. Swearing in of witnesses. 2 Docket No. 2017-0003, The applicant in Docket 2017-0003, Motion to close the evidentiary portion of regarding property at Lawrence Root and Jacquelyn Campbell, the hearing was made by Edward 3901 Arnold, West has requested a variance to grant a variance Nikonowicz. Second by Dave Miller. University Place, Texas to allow ground level landscaping and Ayes: Ed Sobash, Edward Nikonowicz, 77005(Variance) ornamental structures to exceed 6" in Janet Parisi, Chris Heard and Dave a. Public hearing height in the front yard setback. Miller. Motion carried. regarding a request for a special exception. After deliberations Dave Miller made a Staff received correspondence in favor and motion not to approve the variance to b. Deliberation, against of the application. Section 7-6, "Projections Schedule" to decisions, other action, etc. allow ground level landscaping and 1 TOP? WORK 0 PLACES. fr's 4444 3800 University Boulevard I West University Place TX 77005 I www.westutx.gov 0 C. The City of West University Place ...) /1 \eighlx)rh(xx1(".inµ regarding the preceding Citizens speaking for the application was: ornamental structures to exceed 6" in matters. height. Seconded by Janet Parisi. Ayes: Alida Drewes, 6112 Fordham, Robert Ed Sobash, Edward Nikonowicz, Janet Levy, 3911 Arnold and Perry Steele, 3902 Parisi, Chris Heard and Dave Miller. Arnold Variance denied.(5-0). Background Information: The property at 3901 Arnold is located in a Single-Family 3 (SF3) zoning district. The property is located on the southwest corner of the intersection of Arnold and College Streets. There is a front yard (setback) of twenty-five feet. The zoning regulations state that no structure may be constructed within the setbacks except as allowed in Table 7-6, "Projections Schedule". The applicant had landscaping structures and gates constructed in the front yard (setback) that exceed 6" in height. The applicant is requesting a variance to allow these structures to remain. Staff Response: The zoning regulations define a structure as: anything made by humans which: (i) is not readily portable; (ii) is usually left in one location for an indefinite period of time; or (iii) requires either permanent or fixed location on or in the ground or attachment to something having a permanent or fixed location on or in the ground for its use. Examples of structures, which do not limit this definition, are: sculptures; lamppost; sidewalks; driveway; playground equipment and facilities; buildings; flagpoles; antennae and pools. The ordinance limits structures within the designated yards (setbacks). Table 7-6 establishes the allowed projections within the yards (setbacks). In the front yard, structures are allowed to be located any place as long as they do not exceed six inches in height. Within ten feet of the front yard(setback) line, the height of a structure can be up to 14" in height. The gate structures exceed 14" and the flower bed timbers exceed 6"in height. 0 2 TOP WORK MACES 3800 University Boulevard I West University Place, TX 77005 ( www.westutx.gov The City of West University Place ....) r i Ne hlx.thcxxi C.in- Adjournment. The meeting was adjourned at 7:45 pm. Edward Nikonowicz moved to adjourn the meeting. Second by Janet Parisi. Ayes: Ed Sobash, Edward Nikonowicz, Janet Parisi, Chris Heard and Dave Miller. Motion Carried. APPROVED THIS DAY OF 2018. Presiding Officer ATTEST: Josie M.Hayes,Public Works Administrator Coordinator 0 3 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov