HomeMy WebLinkAbout12192019 ZBA Agenda Item 2 City of
West University
Place
To: Zoning Board of Adjustments
From: Debbie Scarcella,Cit` Planner
Date: September 20,2019
Re: Staff Report for Docket 19-0007
Applicant's Request
The applicant in Docket 19-0007,2601 Cason,is requesting both a variance to Section 10-103(b)in order to allow a"stub"
or"dead end"driveway in a front yard and a special exception to Table 7-5a,Note 5,to authorize a second curb cut on the
building site.
Background Information
The site is located at the southwest corner of Cason and Kirby Dr. and is 50'wide by 120'deep. There is an existing
driveway and curb cut from Kirby in the side yard that ends at the garage. The driveway is approximatelyl6' deep from
the garage doors to the sidewalk. Since the Cason intersection is so close to Holcombe/Bellaire Blvd to the south,it is very
difficult to load and unload the applicant's children into the vehicle without concern for the traffic congestion that occurs at
Kirby and Holcombe/Bellaire.The applicant is asking for a special exception to allow another curb cut on the Cason 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 onto
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. 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 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 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.
1
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,traffic congestion,or an unreasonable
burden upon public utilities or services. If the Board grants the special exception,the Board can attach conditions.
ARTICLE VII
Rehearing&Reconsideration
Section 1.No decision by the Board shall be reheard or reconsidered except on written motion filed
by a member of the Board with the Recording Secretary on or before the tenth day following the date
the decision is filed in the Board's office. The motion shall be acted upon within 30 days after the
decision has been filed,or at the next regular meeting of the ZBA(whichever comes later). Granting
the motion requires at least four votes. The Board may grant either rehearing or reconsideration only
(without rehearing).
Section 2. The Board may not grant rehearing unless there is a suggestion that new evidence will be
submitted,which was not presented at the meeting at which the hearing was originally heard. The
Board may require the offer of new evidence and may deny a rehearing upon a finding that no
substantial new evidence has been offered.
Section 3. If a rehearing is granted,the case shall be put on the calendar for a rehearing and new
notice shall be given in accordance with these rules.New notice is not necessary if the Board grants
reconsideration only, without rehearing. Reconsideration may be immediate or deferred to a later
time.
Section 4. After a decision of the Board is final(that is, when no motion for rehearing or
reconsideration or appeal to the District Court is pending),the Board will not conduct a hearing on an
issue that was resolved in that decision,unless there has been a substantial change in the
circumstances of the case. The Board may first hear evidence on the issue of substantial change in
the circumstances before deciding to conduct a full hearing. If there is no substantial change,the
Board may dismiss the application.
From: Sahar Siddiaui
To: Debbie Scarcella
Subject: Request for rehearing
Date: Sunday,October 20,2019 10:19:23 PM
Dear Ms. Debbie Scarcella,
I would like to request a rehearing of the ZBA application for 2601 Cason St. stub driveway.
I would like to provide more evidence as to why a revised driveway would resolve public safety
concerns. Currently my garage at 2601 Cason St, Houston TX 77005 opens at Kirby Drive,which is a
high capacity traffic corridor and is a hazard for all cars crossing at the time our car has to enter or
exist our garage,furthermore the inconvenient location of the drive at Kirby Dr increases congestion
at the intersection.
City of Houston's Major Thoroughfare and Freeway Plan (MTFP) currently classifies Kirby Drive as a
major thoroughfare (Principal Throughfare)with four lanes (cross section of four lanes of traffic,two
in each direction).The location of the current driveway is very close to the intersection of Kirby and
Holcombe which has been reported in popular press as one of the worst streets of Houston and the
traffic problem continues to grow with ongoing construction.
https://www.houstonpress.com/newLLthe-10-worst-roads-in-houston-right-now-6733524
Important to note that there is no maneuvering space for mycar to avoid backing in to the traffic
when exiting the garage. (can provide with measurements and pictures to support this claim).
Furthermore there is utility pole on either side of the existing driveway on Kirby which limits any
maneuvering. Because of the constant traffic and the potential to run in to an accident on weekdays,
we are unable to use the garage on a regular basis. (see exhibit A-multiple photographs of pictures
taken of Kirby Drive at my site)
To avoid traffic and accident problems on Kirby Drive,we park on Cason St. However,we are forced
to park on the street,since no off-street parking is available on our lot. Furthermore, parking on
Cason St is not an easy solution because any traffic coming from Kirby continues to be impeded since
street space is limited.This is another safety hazard for everyone involved.Any municipal trucks or
vehicles have increased difficulty maneuvering into the street because of cars having to park on the
street. (see exhibit B , I am attaching pictures of me backing into my neighbor's driveway to help
provide room to West University solid waste truck which entered on to Cason St)This truck making
a simple turn into the street created a serious safety concern for my or any car on Cason St. and any
car behind the truck on Kirby Dr.
The municode does allow for a stub driveway for houses located on 4 lanes roadway (see section 10-
103).The congestion problem created at Kirby is a serious concern, and thus I propose that an
allowance should be made for 2601 Cason St.
Even City of Houston understands this is a major concern and prevents vehicular access on major
streets,Sec 42-152. Furthermore, if a condition exists where a garage is opening to a major street,
drive access needs to accommodate a turning condition so that a vehicle is not backing onto the
street,Sec 42-150 and 188.
Exhibit A: Photos of congestion on Kirby
Exhibit B: Photos of utility trucks having difficulty coming into street
Thank you for your consideration.
Recent article from popular press about road safety concerns and Houston ranking number 1 in fatal car
accidents.
• Out of Control-Houston's Drivers are Country's most deadly(August 2019)
https://www.houstonchron icle.com/news/investigations/article/Houston-s-roads-drivers-are-nation-s-
most-12865072.php
A dubious top rating
Among the 12 largest metro areas in the L.S._ Houston has the worst record for roadway fatalities in terms of deaths per capita from
2001 through 2016,a Houston Chronicle analysis shows.This chart shows the ranking for each category:a low number reflects a
higher number of deaths.
WINK MENU IANNiT1iUROAIRALINTHEILL ON PEDESfPUNS 'MARC P.ESLI'FD
TOTAL PECfST11IAN5 BICYCLISTS SPf nN5 !NMI tri MER QIF flkGS MOLTKE TOMS AT MER BACKUP5 FROM Miff
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Phiark 1ptia 5 6 8 4 4 4 6 5 6 12 9
Atlanta 6 7 9 7 5 5 10 12 D 4 6
Chicago 7 11 7 5 7 7 7 7 8 6 8 8 S
Las Afl eles 8 6 12 12 9 8 9 10 7 8
San Fancsca 9 8 S 9 ii 9 B 10 11 12 10 IIS
Woo York 10 4 6 12 10 6 11 6 10 9 7 10 12
MtMhnRtor,B.C. 11 10 12 8 8 8 6 9 7 7 11 11 7
Boston 12 12 11 11 9 10 12 11 12 11 12 9 10
_are Nan nc,hum.,'aT_&Vey b^v.annrc1 trovcon c'raice
• City of Houston's Major Thoroughfare and Freeway Plan (MTFP) currently classifies Kirby Drive
as a major thoroughfare(Principal Throughfare)with four lanes (cross section of four lanes of
traffic,two in each direction).
http://www.houstontx.gov/planning/DevelopRegs/mobility/MTFP 12/PCAction/02 Kirby PCAc
tion.pdf
Safety on Kirby Drive
0
Safety on Kirby Drive: 1998 to 2000
Location of Crashes
a Naha.114
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N'Met*via IMP
• Crash location
Ninnwsys
Kirby Dr
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http://www.h-gac.com/transportation-safety-
program/documents/Crashes%20on%20Kirby%20Drive.1998%20to%202000.pdf
Between 1998 and 2000,there were 927 serious crashes that occurred on Kirby Drive from its
intersection with Allen Parkway in the north to its intersection with Holmes Road (below IH 610 South),
an average of 309 a year over the period. These did not include crashes on the US 59 W or IH 610 S
freeways at the Kirby exit ramps. In other words,these are crashes that occurred strictly on Kirby
Drive.
• Concern is the location of the current driveway is very close to the intersection of Kirby and
Holcombe which has been reported in popular press as one of the worst streets of Houston and
the traffic problem continues to grow with ongoing construction.
https://www.houstonpress.com/news/the-10-worst-roads-in-houston-right-now-6733524
• Even City of Houston understands this is a major concern and prevents vehicular access on
major streets, Sec 42-152. Furthermore, if a condition exists where a garage is opening to a
major street, drive access needs to accommodate a turning condition so that a vehicle is not
backing onto the street, Sec 42-150 and 188.
https://library.municode.com/TX/Houston/codes/code_of_ordinances?nodeld=COOR_CH42SU DEPL_
ARTIIIPLST DIV3BULI SDAGEREBULI 542-152BULIREALMATH
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Figure 2 lack of maneuvering space on either side
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Figure 1 Cars on driveway
Figure 2 Google satellite image-neighbor's tree
Section 10-103.-Location of parking spaces. % 8 B 4]
(a) Same Site Rule,All parking spaces required by this ordinance must be located on the same building site with the building space served.Exception:
the required spaces may be located up to 300 feet from the entrance of a building served(and may be outside the City limits)for:(i)parking for
building sites not used primarily for residential purposes where an increase in the number of spaces is required by a change or enlargement of
use.(ii)spaces allowed by this Ordinance to be used jointly for two or more uses or types of space.or(ell a community center,library,school.place
of worship,museum or similar Institution with mixed uses and types of space served by common parking spaces.
(b) Yards and street areas.
(1) in an SF district,all parking areas and maneuvering areas(including dead-end or stub driveways)must be behind the principal building or
surrounded by opaque fences or walls at least slx feet tall,and all such areas are prohibited In front yards.Exception:On a building site
accessible only from a roadway marked for four lanes or more.there may be a driveway stub,if it meets all the following criteria:
(i) 'he stub must be designed to allow vehicles on a driveway to turn around and enter the roadway headfirst;
till The width of the stub may not exceed nine feet(plus up to two feet on each side for aprons);
ilii) The length of the stub.when added to the width of the driveway.may not exceed 22 feet(but if the site width is 60 feet or more.the
length of the stub may be up to 18 feet in addition to tre actua'41dth of the driveway),
(iv) The stub must be pervious pavement:
(v) Aprons may not be larger than two feet in any dimension:
(vi) No part of the stub or its aprons may be closer than two feet to any property line or public sidewalK:and
ivx) The stub may be located in the front yard only to the extent that existing structures or obstructions make another location impractical.
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