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Home My WebLink About10272016 ZBA Minutes 0 C. The City of West University Place ......) ,11Veighbulltouci Gin: 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), I. 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. meeting packets. After deliberations Janet Parisi made a motion to approve the variance to Section b. Deliberation, Citizen speaking in favor of the application 7-4a, "Garage Space", in order to waive decisions, other action, etc. the requirement for a garage on the 1 TOP WORK 0 PLACES 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov "1'ne City of'` AT University Place 1 Neighborhood l ood( ih 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 , 1938. Records indicate a second floor and Yurewicz and Chris Heard. Motion 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 . 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov The City cif 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 TOP WORK PLACES 3800 University Boulevard ( West University Place, TX 77005 I www.westutx.gov r1,he City of West University Place zi 1`C-1�;lib)IhOOJC]it 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 sheet. Heard.Motion Carried. regarding a request for a special exception. After deliberations, Edward Nikonowicz Staff received four letters in favor of the 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 r O 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov 0 Ca. The City of West 'University Place ....) A \eighbon hood Cite 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: EdAte.sh, 5 TOP WORK 0 PLACES 3800 University Boulevard I West University Place, TX 77005 i www.westutx.gov "I he City of West University Place . 1 Neighborhood 1hood C;in- Edward Nikonowicz, Janet Parisi, Donald Yurewicz and Chris Heard. Motion Carried. APPROVED THIS )`--1 DAY OF AA i. 2018. Pr-.i.ing Officer ATTEST: Josie M. Hayes,Public Works Administrator oordinator 6 TOP 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov