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HomeMy WebLinkAbout03282019 ZBA Minutes rrhe City of West University Place A Neighborhood x4 City ZONING BOARD OF ADJUSTMENT MUNICIPAL BUILDING 3800 UNIVERSITY BOULEVARD REGULAR MEETING MINUTES March 28,2019 6:30 pm Steven Segal(voting),Bruce Beneke(voting),Edward Nikonowicz I. MEMBERS PRESENT: (voting),Janet Parisi(voting),Donald Yurewicz,David Kuykendall (voting), Sergio Amelio and Sylvette Bobb Sandy Hellums-Gomez IL 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 Edward Nikonowicz moved to accept that Notices,Rules,Etc. 6:30 p.m. Steven Segal asked each member to all 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, Bruce Beneke. Ayes: Steven Segal, Administrative Coordinator, stated that all Bruce Beneke, Edward Nikonowicz, notices were posted in accordance with state Janet Parisi 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, This docket was continued from a meeting Motion to close the deliberation portion regarding property at held on February 28, 2019 where the of the hearing was made by Edward 5410 Kirby Dr., West evidentiary portion of the meeting was Nikonowicz. Second by Janet Parisi. University Place, Texas closed and the deliberations portion was Ayes: Steven Segal, Bruce Beneke, 77005(Special Exception) kept open. Edward Nikonowicz, Janet Parisi and a. Continuation of a public David Kuykendall.Motion carried(5-0). hearing regarding a special The applicant in Docket 2019-0001, is exception. After deliberations Edward Nikonowicz b. Deliberation, requesting a special exception to authorize made a motion to approve the special decisions, other action, etc. the joint use of parking spaces for a new exception to authorize the joint use of regarding the preceding business (Salad Head Restaurant) and Bank seven parking spaces for a new business matters. of Texas at 5500 Kirby Dr. The special (Salad Head Restaurant) and Bank of 1 WORK PLACES 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov The City of West University Place A Neighborhood City exception would authorize the restaurant to Texas at 5500 Kirby Dr. in order to utilize six spaces at the bank to fulfill their operate a dine-in food service minimum requirement. establishment. Seconded by Bruce I Beneke. Ayes: Steven Segal, Bruce Staff did not receive any additional Beneke, Edward Nikonowicz, Janet Parisi correspondence letters in favor or against the and David Kuykendall. Motion carried application. (5-0). There were no additional citizens speaking in favor or against the application. Background Information: 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. The applicant was tasked with looking at the existing parking lot and developing an actual parking plan for the building site. The applicant was also tasked with trying to obtain commitment for additional parking spaces on the bank property and bring that information back to this meeting. Staff Response: Article 10 of the zoning regulations provides the regulations for off-street parking. Table 7-101 establishes the 2 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov The City of West University Place A Neighborhood City 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 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 Docket No. 2019-0003, The applicant in Docket 2019-0003, 2631 Motion to close the evidentiary portion of regarding property at Bissonnet St. is requesting a special the hearing was made by Janet Parisi. 2631 Bissonnet St., West exception to authorize the joint use of Second by Bruce Beneke. Ayes: Steven University Place, Texas parking spaces between the Marquis II and Segal, Bruce Beneke, Edward 77005(Special Exception) Nikonowicz, Janet Parisi and David Pipeline Realty, owner of the office a. Public hearing building at 2617 Bissonnet St. If granted, Kuykendall.Motion carried(5-0). regarding a request for a the special exception would authorize the special exception. After deliberations Edward Nikonowicz b. Deliberation, use of 23 spaces for joint use between the made a motion to approve the special decisions, other action, etc. two building sites. exception to share 23 spaces with 0 3 PLACES 3800 University Boulevard West University Place, TX 77005 www.westutx.gov "1'he City of West University Place A NeighbQnl1oocl city regarding the preceding Pipeline Reality Company at 2617 matters. Staff received eight correspondences in Bissonnet St. in order to construct a patio favor and six correspondences against the in the front yard area. The patio will special exception. result in the loss of three onsite parking spaces. Seconded by Janet Parisi. Ayes: Citizens speaking in favor of the Steven Segal, Bruce Beneke, Edward application were: Nikonowicz, Janet Parisi and David Kuykendall.Motion carried(5-0). Patrick and Lee Ann Grimes, 3126 Wroxton. Citizens speaking against the application were: Nadim Zabaneh, 2640 Wroxton, George and Susan Cronfel,2636 Wroxton Background Information: The property at 2631 Bissonnet St. is located in a Commercial zoning district and is located between the new strip center and the pipeline Realty Company. The building contains approximately 3,400 square feet and is the home to the Marquis II Lounge. The building was first constructed in 1955 as a donut shop and in 1968 was converted to a lounge, which it has been through today. The site has acquired Prior Non- Conforming (PNC) status for the parking lot and required number of parking spaces. The operator of the business would like to remove three spaces and install an outdoor patio structure to better serve his customers. The patio will face the front of the business and will not be enclosed. If the business operator removes three parking spaces, he must find those three spaces within 300 feet or lose PNC status. 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 bar is currently required to provide 13.33 spaces per 1,000 square feet, or 45.32 spaces. This regulation did not exist when the lounge was constructed. The previous 4 Tye, 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov 111111" The City of West University Place A Neighborhood City requirement was 10 spaces per 1,000 square feet, or 34 spaces for this business. Currently, the business has approximately 25 spaces on site. By sharing the parking spaces at 2617 Bissonnet St., the applicant replaces the three parking spaces lost to the patio, plus adds 20 more spaces toward conformance for a total of 45 spaces. The structure next door also benefits, as they have PNC status for number of parking spaces and will benefit when overflow parking is needed. 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 an 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. 4 Docket No. 2019-0004, The applicant in Docket 2019-0004, 3502 Motion to close the evidentiary portion of regarding property at Nottingham St. is requesting a special the hearing was made by Steven Segal. 3502 Nottingham St., exception to Table 7-5a, entitled "Parking, Second by David Kuykendall. Ayes: West University Place, driveways, etc.". Table 7-5a establishes the Steven Segal, Bruce Beneke, Edward Texas 77005 (Special maximum number of curb cuts allowed per Nikonowicz, Janet Parisi and David Exception) Kuykendall.Motion carried(5-0). a. Public hearing building site in the single-family district. regarding a request for a The applicant is requesting a special After deliberations Bruce Beneke made a special exception. exception as authorized in Note 5 of Table motion to approve the special exception b. Deliberation, 7-5a to allow a total of three curb cuts on to Table 7-5a, Note 5 to allow an decisions, other action, etc. the building site. additional curb cut on Nottingham St. and regarding the preceding one on Sewanee St. Seconded by David matters. Staff did not receive any correspondence Kuykendall. Ayes: Steven Segal, Bruce letters in favor or against the application. Beneke, Edward Nikonowicz, Janet Parisi and David Kuykendall. Motion carried There were no citizens speaking in favor or (5-0). against the application. 5 WORK PLACES 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov The City of West University Place 1 Neighborhood Cin Background Information: The site is located at the northwest corner of Nottingham St. and Sewanee St. and is 70.10' wide by 150' deep. The applicant is requesting a special exception to allow two additional curb cuts, one on Nottingham St. and the other on Sewanee St., in order to construct a semi-circular driveway. There is an existing driveway serving a three-car garage off of Sewanee St. Staff Response: Table 7-5a limits the maximum number of curb cuts to "one per designated building site-abutting the street."Note 5 of Table 7- 5a authorizes two curb cuts specifically for circular driveways as allowed in Chapter 70 of the Code of Ordinances. These curb cuts are authorized along the front street line only. This proposed driveway would have one driveway at the front street line and the second at the side street line. This is not authorized in Note 5 without a special exception from ZBA. The applicant has stated in the application narrative that they will comply with the driveway regulations in the front yard as well as the curb cut widths, etc. There are no trees that would be impacted by the construction and the storm sewer inlet is on Nottingham St. There may be a conflict with getting out onto Sewanee St. if someone is stopped at the stop sign. Table 7-5a,Note 5 of the Zoning Ordinance gives the ZBA the authority to grant a special exception for additional curb cuts. The ZBA must 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 on-street parking or traffic, traffic congestion, or an unreasonable 6 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov The City of West University Place 111\ekhborhooc1 C m 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. 5 Meeting Minutes. Approval of meeting minutes from February Janet Parisi moved to approve the 28, 2019. February 28, 2019 minutes. Second by David Kuykendall. Ayes: Steven Segal, Bruce Beneke, Edward Nikonowicz, Janet Parisi and David Kuykendall. Motion Carried. Adjournment. The meeting was adjourned at 8:03 pm. Janet Parisi moved to adjourn the meeting. Second by Bruce Beneke. Ayes: Steven Segal, Bruce Beneke, Edward Nikonowicz, Janet Parisi and David Kuykendall. Motion Carried. APPROVED THIS DAY OF A„ 2019. Air A. VIN residing Office ATTEST: ) S\C).... f—t Josie M.Hayes,Administrator Coordintor 7 TOP WORK 0 PLACES 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov