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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