HomeMy WebLinkAbout12172015 ZBA Minutes The City of West University Place
A Neiolibor1UX)d City
ZONING BOARD OF ADJUSTMENT
MUNICIPAL BUILDING
3800 UNIVERSITY BOULEVARD
REGULAR MEETING MINUTES
December 17,2015
6:30 pm
Sandy Hellums(voting), Ed Sobash(voting), Edward Nikonowicz
I. MEMBERS PRESENT: (voting),Janet Parisi (voting),Neil Martin(voting), and Don Yurewicz
Chris Heard,Dave Miller and Robert Grossman
H. MEMBERS ABSENT:
III. STAFF PRESENT: Shelly Eversole, Legal Counsel and Debbie Scarcella,City Planner
IV. CALL TO ORDER: 6:31 pm.
Agenda Item Discussion Action
1 Call the meeting to order. Sandy Hellums called the meeting to order at Ed Sobash moved to accept that all
Notices,Rules,Etc. 6:31 p.m. Sandy Hellums asked each member notices were properly posted and
to briefly introduce themselves. Debbie distributed for this meeting. Second by
Scarcella, City Planner, stated that all notices Ed Nikonowicz. Ayes: Sandy Hellums,
were posted in accordance with state and Ed Sobash, Edward Nikonowicz, Janet
local requirements. Sandy Hellums then Parisi and Neil Martin. Motion carried.
described the hearing procedures. Sandy Hellums administered the oath to
Swearing in of witnesses. all witnesses.
2 Docket No. 2015-12, The applicants, Allen and Emily Capps, Janet Parisi moved to close the
Property at 3001 Quenby, presented the application. The applicants evidentiary portion of the hearing.
West University Place, purchased the property with a paver patio in Second by Neil Martin. Ayes: Sandy
Texas 77005(Variance). the rear yard that was covered by a trellis or Hellums, Ed Sobash, Edward
a. Public hearing arbor type structure. The structure over the Nikonowicz, Janet Parisi and Neil Martin.
regarding a request for 2 patio does not provide a covering to protect Motion carried.
variances. the patio or its contents. Over time, grasses
b. Deliberation, and algae have collected in the cracks and After deliberations Neil Martin moved to
decisions, other action, etc. over the lower portions of the pavers and approve the request for a variance to
regarding the preceding become slick when wet. The applicant is exceed the allowable framed area ratio by
matters. requesting a permit to remove the open roofed 4.5% (total 84.5% instead of 80%).
structure and replace it with a solid roofed Second by Janet Parisi. Ayes: Sandy
structure to protect the patio and its contents. Hellums, Edward Nikonowic net
1
3800 University Boulevard l West University Place, TX 77005 I www.westutx.gov
The City of We- st University Place
A Neighborhood City
This renovation would cause the structures on Parisi and Neil Martin. Noes: Ed Sobash.
the site to exceed the framed area limits by Motion carried 4-1.
approximately 4.5% (84.5 % instead of 80%).
In addition, the applicant is requesting a Janet Parisi moved to approve the request
variance for a side yard encroachment of for a variance to encroach the side yard
2'41/4" for an existing outdoor kitchen, setback by 2'41/2". Second by Sandy
which would allow it to remain on the site. Hellums. Ayes: Sandy Hellums and
Janet Parisi. Noes: Ed Sobash, Ed
The following attendees spoke in favor of the Nikonowicz and Neil Martin. Motion
request: Failed 3-2.
Ali Zaree with Colony Builders
No one spoke in opposition of the request.
Staff Response
According to the definition of framed area
contained in Article 2 of the zoning
regulations, all structures with a solid,
fixed roof are calculated and added
together to determine the framed area
ratio. This includes patio covers, porches,
certain breezeways, etc. even if they are
unenclosed. According to the permit
record for the existing residential
structure, the total framed area at time of
permit was 4199 square feet, or right at
the limit of 80%. The plans submitted
with this application show the framed area
at 4268 square feet, or 81% framed area.
There are some exceptions to the framed
area calculations, which are likely why
the two numbers differ. There are no
permit records for the trellis or patio area.
The patio area is allowed any place on the
building site as long as it does not exceed
6"in height. The trellis cover is not a
solid, fixed structure and so that area does
not get counted as framed area. The
applicant is proposing to replace the trellis
structure with a 169 square foot solid
patio cover, which would bring the total
framed area to 4368 square feet (4437
square feet) or 83.2 %.
The second part of the request is for a
variance to allow the continued use of a
2 TOP
WORK
0 PLACES
3800 University Boulevard ( West University Place, TX 77005 I www.westutx.gov
•
The City of West University Place
A Neighborhood Gin
barbeque enclosure which includes a
counter used as an outdoor kitchen. The
structure already existed on the site when
purchased by the applicant. There are no
permits on file. The structure encroaches
into the side yard setback approximately
2'8". The structure is located 2' 4 '/"
from the side property line.
The ZBA has generally the authority to
issue a variance under
Section 11 of the zoning regulations.
Section 11-102 of the zoning regulations
states that the ZBA may not issue or
modify 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;
(2) The ZBA has made any additional
findings and determinations required by a
specific provision of this ordinance
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
ordinance for the variance in question.
State law and city ordinance further
require the ZBA to make the following
findings and determinations: (i) due to
special conditions, a literal enforcement of
the Zoning Ordinance provision would
result in unnecessary hardship, (ii)by
granting the variance, the spirit of the
ordinance is observed and substantial
justice is done, and (iii)the variance is not
contrary to public interest.
3 Meeting Minutes. Approval of meeting minutes of November Motion to approve the meeting minutes
19, 2015. of November 19, 2015 by Ed Sobash.
Second by Neil Martin. Ayes: Sandy
Hellums, Ed Sobash, Ed Nikonowicz,
Janet Parisi and Neil Martin. 'on
03
3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov
The City of West University Place
A Neighborhood City
Carried.
Adjournment. Ed Sobash moved to adjourn the meeting.
Second by Ed Nikonowicz. Ayes: Sandy
Hellums, Ed Sobash, Ed Nikonowicz,
Janet Parisi, Neil Martin. Motion
carried.
The meeting was adjourned at 7:50 pm.
APPROVED THIS 2---(C‘
- DAY OF��✓it,`* 01..
INA
Sandy Hel ums Presiding Officer
ATTEST: it/ w / I I
Debbie Scarcella, City Planner
4
3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov