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HomeMy WebLinkAbout03282019 ZBA Agenda Item 5 A The City of West University Place A Neighborhood Citi ZONING BOARD OF ADJUSTMENT MUNICIPAL BUILDING 3800 UNIVERSITY BOULEVARD REGULAR MEETING MINUTES February 28,2019 6:30 pm Steven Segal(voting), Edward Nikonowicz(voting),Janet Parisi I. MEMBERS PRESENT: (voting), Donald Yurewicz(voting), David Kuykendall (voting)and Sergio Amelio Sandy Hellums-Gomez,Bruce Beneke and Sylvette Bobb II. MEMBERS ABSENT: Carter Dean,Legal Counsel; Debbie Scarcella, City Planner and Josie III. STAFF PRESENT: M. Hayes,Administrative Coordinator IV. CALL TO ORDER: 6:30 p.m. Agenda Item Discussion Action 1 Call the meeting to order. Steven Segal called the meeting to order at Janet Parisi moved to accept that all Notices,Rules,Etc. 6:30 p.m. Steven Segal 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, Edward Nikonowicz. Ayes: Steven Administrative Coordinator, stated that all Segal, Edward Nikonowicz, Janet Parisi, notices were posted in accordance with state Donald Yurewicz and David Kuykendall. and local requirements. Steven Segal then Motion Carried. described the hearing procedures. Steven Segal administered the oath to all Swearing in of witnesses. witnesses. 2 Docket No. 2019-0001, The applicant in Docket 2019-0001, is Motion to close the evidentiary portion of regarding property at requesting a special exception to authorize the hearing was made by Edward 5410 Kirby Dr., West the joint use of parking spaces for a new Nikonowicz. Second by David University Place, Texas business (Salad Head Restaurant) and Kuykendall. Ayes: Steven Segal, Edward 77005 (Special Exception) Bank of Texas at 5500 Kirby Dr. The Nikonowicz, Janet Parisi, Donald a. Public hearing Yurewicz and David Kuykendall. Motion special exception would authorize the regarding a request for a carried (5-0). Steven Segal made a special exception. restaurant to utilize six spaces at the bank motion to suspend the motion to close the to fulfill their minimum requirement. evidentiary portion of the hearing. Second b. Deliberation, by Janet Parisi. Motion carried (5-0). decisions, other action, etc. Staff did not receive any correspondence Motion to close the evidentiary portion of regarding the preceding the hearing was made by Janet Parisi. 1 WORK K PLACES 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov The City of W est University T Placc l Neighborhood;htxolhood Cite* matters. letters in favor or against the application. Second by David Kiykendall. Ayes: Steven Segal, Edward Nikonowicz, Janet Citizens speaking in favor of the Parisi, Donald Yurewicz and David application were: Kuykendall. Bruce Frankel, 6130 Annapolis, Mary After deliberations Steven Segal made a Barnell, 2720 Quenby, Jared Mark, 3524 motion to suspend the special exception University and David McMahon, 5410 to Section 10-103(c) of the zoning Eby regulations for a shared parking agreement with Bank of Texas for six Citizens speaking against the application additional parking spaces until the next meeting. Seconded by Edward were: Nikonowicz. Ayes: Steven Segal, Edward Sharon and Victor Graff,2617 Sunset Nikonowicz, Janet Parisi Donald Yurewicz and David Kuykendall. Motion Background Information: carried(5-0). The property at 5410 Kirby is located in a commercial zoning district and is located at the northwest corner of Kirby Dr. and Sunset Blvd. The building contains approximately 3,000 square feet with 1,400 square feet for the Smoothie King and the remaining 1,600 square feet for the proposed Salad Head. The Smoothie King is classified as a food service without seating and the proposed Salad Head is classified as a food service with seating. Smoothie King is required to provide and maintain five spaces per 1,000 square feet or one space per three seats, in this case 16 spaces for a total of 23 spaces. The current parking lot contains at best 18 parking spaces. The applicant has an agreement with Bank of Texas to utilize up to seven spaces which would provide the number of spaces required. Staff Response: Article 10 of the zoning regulations provides the regulations for off-street parking. Table 7-101 establishes the minimum parking spaces for each use. A dine-in restaurant is required to provide 10 spaces per 1,000 square feet or one space per three seats, whichever is greater. There are 37 seats which would warrant 13 2 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov The City of West University Place l l\'eirlibollioocl C in' spaces, in this instance, the higher requirement would be based on square footage for 16 spaces. Currently, the Smoothie King requires seven spaces, so the total for the site is 23 spaces. Since the site can provide only 18 spaces, the owner has entered into an agreement with the bank as authorized by Section 10-103 (c) of the zoning regulations, to jointly use up to seven spaces to meet the agreement. The bank is around 5,000 square feet and must provide 3.33 spaces per 1,000 square feet or 17 spaces. The bank has 35 spaces on site. The ZBA has the authority to grant this special exception if it finds that no increase in on-street parking is likely to result. The ZBA must also find that the request is in harmony with the general purpose and intent of the Zoning Ordinance and that the request will not cause any significant increase in traffic, traffic congestion, or unreasonable burden upon public utilities or services. The burden is on the applicant to present evidence to the Board to support each finding and determination required for the issuance of this special exception. If the Board grants the special exception, the Board can attach conditions. 3 Review of Rules of Background Information: After deliberations Edward Nikonowicz Procedure Debbie Scarcella stated City Council asked made a motion to approve recommended the ZBA to review the Rules of Procedures changes. Seconded by Donald Yurewicz. and establish a requirement for voluntary Ayes: Steven Segal, Edward Nikonowicz, withdraws of applications. Janet Parisi, Donald Yurewicz and Donald .Motion carried(5-0). 4 Meeting Minutes. Approval of meeting minutes from December Edward Nikonowicz moved to approve 20,2018. the December 20, 2018 minutes as amended. Second by David Kuykendall. Ayes: Steven Segal, Edward Nikonowicz, Janet Parisi, Donald Yurewicz and David Kuykendall.Motion Carried. Adjournment. The meeting was adjourned at 8:36 pm. Janet Parisi moved to adjourn the meeting. Second by Donald Yurewicz. Ayes: Steven Segal, Edward Nikonowicz, 3 WO K 0 PLACES 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov Me City of West University Place A Neighborhood City Janet Parisi, Donald Yurewicz, and David Kuykendall. Motion Carried. APPROVED THIS_ DAY OF 2019. Presiding Officer ATTEST: Josie M.Hayes, Public Works Administrator Coordinator 4 T4P WK7RK 0 PLACES 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov