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HomeMy WebLinkAbout11212019 ZBA Agenda Item 4 0 The City of West University Place A Neighborhood City ZONING BOARD OF ADJUSTMENT MUNICIPAL BUILDING 3800 UNIVERSITY BOULEVARD REGULAR MEETING MINUTES September 26,2019 6:30 pm Steven Segal (voting),Neil Martin(voting), Edward Nikonowicz I. MEMBERS PRESENT: (voting),Janet Parisi(voting),Jay Cohen(voting),John Brett, Sergio Amelio and Brennan Reilly Donald Yurewicz II. MEMBERS ABSENT: Zac Petrov, 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, Neil Martin. Ayes: Steven Segal, Neil Administrative Coordinator, stated that all Martin, Edward Nikonowicz, Janet Parisi notices were posted in accordance with state and Jay Cohen.Motion Carried. and local requirements. Steven Segal then Steven Segal administered the oath to all described the hearing procedures. witnesses. Swearing in of witnesses. 2 Selection of a Vice-Chair No action taken. This item was tabled until the next meeting. 3 Docket No. 2019-0007, The applicant in Docket 2019-0007, 2601 Motion to close the deliberation portion regarding property at Cason St. is requesting both a variance to of the hearing was made by Janet Parisi. 2601 Cason St., West Section 10-103(b)in order to allow a"stub" Second by Edward Nikonowicz. Ayes: University Place, Texasor"dead end" driveway in a front yard and Steven Segal, Neil Martin, Edward 77005 (Variance and Nikonowicz, Janet Parisi and Jay Cohen. a special exception to Table 7-5a,Note 5,to Special Exception) authorize a second curb cut on the building Motion carried(5-0). a. Public hearing regarding a request for a site. After deliberations Edward Nikonowicz variance and special made a motion to approve the variance to exception. Staff did not receive any correspondence Article 10, Section 10-103(b) to allow a b. Deliberation, dead end or stub driveway in the front 1 111 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov The City of West University Place A Neighborhood City decisions, other action, etc. letters in favor or against the application. yard setback. Seconded by Steven Segal. regarding the preceding Ayes: Steven Segal and Edward matters. Citizen speaking against the application Nikonowicz. Noes: Neil Martin, Janet was: Parisi and Jay Cohen. Motion failed (2- Henry Lee, 2602 Cason St, 3). Background Information: Edward Nikonowicz made a motion to The site is located at the southwest corner authorize a special exception as of Cason St. and Kirby Dr. and is 50' wide authorized in Table 7-5a, Note 5 to by 120' deep.There is an existing driveway authorize an additional curb cut to the building site in order to build a dead end and curb cut from Kirby Dr.in the side yard or stub driveway in the front yard that ends at the garage. The driveway is setback. Second by Steven Segal. Ayes: approximately 16' deep from the garage Steven Segal. Noes: Neil Martin, Edward doors to the sidewalk. Since the Cason St. Nikonowicz, Janet Parisi and Jay Cohen. intersection is so close to W. Motion failed(1-4). Holcombe/Bellaire Blvd.to the south, it is very difficult to load and unload the applicant's children into the vehicle without concern from the traffic congestion that occurs at Kirby Dr. and W. Holcombe/ Bellaire Blvd. The applicant is asking for a special exception to allow another curb cut on the Cason St. side for use for parking her vehicle. The driveway would stop or"dead end"in the front yard,thus necessitating the need for a variance. Staff Response: Variance Request — Section 10-103(b) requires that all parking and maneuvering areas be located behind the principal building. It goes on to prohibit "stub" or "dead end" driveways located in the front yard setback. There is an exception for those sites that front on a major thoroughfare containing four or more lanes. This site does not front Kirby Dr. Staff believes that the ZBA has the authority to grant this variance, but according to Section 11-102 of the zoning regulations, the ZBA may not issue a variance unless all of the following circumstances are present. (1) The ZBA has made all findings and determinations 2 TOR 3800 UniversityBoulevardWest UniversityPlace, TX 77005 www.westutx.gov I I 9 The City of west University Place A Neighborhood Cin- 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. The findings to grant a favorable result for this application are as follows: 1. The ZBA must find that a literal enforcement of the ordinance would result in an unnecessary hardship. 2. By granting the variance, would the spirit of the ordinance be observed and substantial justice done; 3. Would the variance be contrary to the public interest? (2) The ZBA has made any additional findings and determination required by a specific provision of this section which relates to the variance. (3) The variance has been reduced to writing and includes and conditions prescribed by the ZBA or by this section for the variance in questions. The ZBA may prescribe conditions to the request such as limiting the length and width of the parking space, requiring pervious pavement,require screening,etc. Special Exception Request — 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 additional curb cuts and specifically authorizes staff to approve the curb cuts for semi-circular driveways as prescribed in Chapter 70 of the Code of Ordinances. This proposed driveway would not be connected and so is not authorized without a special exception from ZBA. 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, 3 TOP WORK PLACES 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov c.. 111 City of West University Place ....) A NeighborhoodCln� traffic congestion, or an unreasonable burden upon public utilities or services. If the Board grants the special exception, the Board can attach conditions. 4 Docket No. 2019-0008, The applicant in Docket 2019-0008, 6321 Motion to close the deliberation portion regarding property at Buffalo Speedway is requesting a variance of the hearing was made by Edward 6321 Buffalo Speedway, from Table 7-2, entitled"Yards(setbacks)". Nikonowicz. Second by Jay Cohen. Ayes: West University Place, Table 7-2 establishes the minimum yard Steven Segal, Neil Martin, Edward Texas 77005(Variance) (setback)for the front, side and rear of a Nikonowicz, Janet Parisi and Jay Cohen. a. Public hearing building site. Generally,most structures are Motion carried(5-0). regarding a request for a not allowed in a yard(setback). variance. After deliberation, Edward Nikonowicz b. Deliberation, Staff did not receive any correspondence made a motion to approve the variance to decisions, other action, etc. letters in favor or against the application. the side yard setback as required by regarding the preceding Article 7, Table 7-2, Yards (or setbacks) matters. Background Information to allow a living area behind the garage to The site is located on the west side of the be 3.5' from the property line. Second by 6300 block of Buffalo Speedway, Neil Martin. Ayes: Steven Segal, Neil approximately 300' south of University Blvd. Martin, Edward Nikonowicz, Janet Parisi The site is 50' wide and 200' deep. A and Jay Cohen. Motion Carried. residential structure was built on the site in 1931 with a small garage. In 1994, the small garage was demolished and a 12' by 50' garage was constructed.The rear of the garage is 20' from the rear property line and the side is 3.3' and 3.2' at the respective corners.The space at the rear of the structure is open and unfinished except for a pool bath and a garden potting area.The applicant is proposing to finish out the rear portion and convert it to accessory quarters. Accessory quarters are allowed in a single-family district,but must not exceed 600 square feet. This space is approximately 12' x 22'. Staff Response: The minimum setback for any structure is 10%of the building site width or 5', whichever is greater.There is an exception for certain garage space provided certain criteria are met. One of the criteria is that the space is used as garage space(and the space above if two story). Since the applicant proposes to convert the space from garage (storage)to living(habitable) space,the exception will not apply to the converted space. Staff believes that the ZBA has the authority to grant this variance,but according 4-% 4 IlarM 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov • The CAity of West University Place A Neighborhood Citi to Section 11-102 of the zoning regulations, the ZBA may not issue a variance unless they find a literal enforcement of the ordinance would result in an unnecessary hardship,that by granting the variance,would the spirit of the ordinance be observed and substantial justice done and would the variance be contrary to the public interest?The ZBA may prescribe any conditions it determines necessary to support the granting of the variance. 5 Meeting Minutes Approval of meeting minutes from June 27, Steven Segal moved to approve the June 2019. 27, 2019 minutes. Second by Edward Nikonowicz. Ayes: Steven Segal, Neil Martin, Edward Nikonowicz, Janet Parisi and Jay Cohen.Motion carried. Adjournment. The meeting was adjourned at 8:47 pm. Janet Parisi moved to adjourn the meeting. Second by Steven Segal. Ayes: Steven Segal, Neil Martin, Edward Nikonowicz, Janet Parisi and Jay Cohen. Motion Carried. APPROVED THIS DAY OF 2019. Presiding Officer ATTEST: Josie M. Hayes, Administrator Coordinator 5 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov