HomeMy WebLinkAbout02282019 ZBA Minutes 01 C..
The City cif West University Place
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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) Nikonowicz, Janet Parisi, Donald
Bank of Texas at 5500 Kirby Dr. The
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.
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3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov
The City of West University Place
A Neighborhood City
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
Kirby 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
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3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov
The City of West University Place
A Neighborhood City
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,
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3800 University Boulevard West University Place, TX 77005 www.westutx.gov
The City of West University Place
A Neighborhood City
Janet Parisi, Donald Yurewicz, and David
Kuykendall. Motion Carried.
APPROVED THIS 21r. DAY OF AAA/a 2019.
011P
' esi ing Officer
ATTEST: �i - Nc_e
Josie M.Hayes, Public Works Administrator Coordinator
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3800 University Boulevard West University Place, TX 77005 I www.westutx.gov