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Home My WebLink About11192015 ZBA Minutes The City of West University Place A Neighborhood On- ZONING BOARD OF ADJUSTMENT MUNICIPAL BUILDING 3800 UNIVERSITY BOULEVARD REGULAR MEETING MINUTES November 19,2015 6:30 pm Ed Sobash(voting),Robert Grossman(voting),Edward Nikonowicz I. MEMBERS PRESENT: (voting),Janet Parisi(voting), Chris Heard(voting),Neil Martin,Dave Miller and Don Yurewicz II. MEMBERS ABSENT: Sandy Hellums III. STAFF PRESENT: Shelly Eversole, Legal Counsel and Debbie Scarcella, City Planner IV. CALL TO ORDER: 6:32 pm. Agenda Item Discussion Action 1 Call the meeting to order. Ed Sobash called the meeting to order at 6:32 Janet Parisi moved to accept that all Notices,Rules,Etc. p.m. Ed Sobash asked each member to briefly notices were properly posted and introduce themselves. Debbie Scarcella, City distributed for this meeting. Second by Planner, stated that all notices were posted in Chris Heard. Ayes: Ed Sobash, Robert accordance with state and local requirements. Grossman, Edward Nikonowicz, Chris Ed Sobash then described the hearing Heard and Janet Parisi. Motion carried. procedures. Ed Sobash administered the oath to all Swearing in of witnesses. witnesses. 2 Docket No. 2015-10, The applicant, Garhett Wagers, headmaster of Janet Parisi moved to close the Property at 3818 Bellaire St. Mark's school, made the presentation. evidentiary portion of the hearing. and 6723 Stella Link, The applicant is requesting a variance to Second by Edward Nikonowicz. Ayes: West University Place, Table 7-2, Yards (Setbacks). Table 7-2 Ed Sobash, Robert Grossman, Edward Texas 77005 (Variance). establishes the minimum distance that a Nikonowicz, Chris Heard and Janet a. Public hearingstructure must be built from the property Parisi. Motion carried. regarding a request for 1). lines. The applicant is requesting an A variance 2). allowed encroachment into the side yard After deliberations Janet Parisi moved to b. Deliberation, approve the request for a variance to decisions, other action, etc. setback at 3816 Bellaire Blvd and the rear encroach the side setback at 3818 Bellaire regarding the preceding yard setback at 6723 Stella Link Rd in Blvd for as long as there is a lease in matters. order to construct a covered walkway effect. Second by Chris Heard. Ayes: Ed between two structures. Sobash, Edward Nikonowicz, Chris 1 TOP WORK PLACES 0 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov The City of\ 'est University Place 1 .Aei 171)(alixOc1 Cine St. Mark's Episcopal School recently Heard and Janet Parisi. Noes: Robert leased and refurbished a building owned Grossman. Motion carried 4-1. by DKGA/WUC, LP (David K Gibbs) located on Stella Link Rd. The building Ed Sobash moved to approve the request is on a site that abuts the property owned for a variance to encroach the rear setback by the Episcopal Church/School on at 6723 Stella Link Rd as long as there is a lease in effect. Second by Chris Heard. Bellaire Blvd. There is currently an Ayes: Ed Sobash, Edward Nikonowicz emergency egress drive that extends Chris Heard and Janet Parisi. Noes: between the church structure and the Robert Grossman. Motion carried 4-1. school structure. The applicants are asking to construct a walkway with a cover that crosses the emergency egress so that the two structures are connected and those utilizing the walkway are protected during inclement weather. This proposal would create a nonconforming structure that encroaches into the side and rear setbacks of the respective properties. Debbie Scarcella stated that no correspondence in favor of or in opposition of the application was received. The following attendees spoke in favor of the request: Aleda Drewes Ashley Fridell No one spoke in opposition of the request. Staff Response The covered walkway is proposed at a height to accommodate emergency vehicles so that the egress path is not obstructed. A letter signed by the Fire Marshall and the Building Official are attached to the application. Generally flatwork (sidewalks, driveways, patios, etc.) are allowed anywhere on the site as long as the structure does not exceed 6" in height. The cover is the element of this proposal that will create non-conformity if built. Section 11-102 of the zoning regulations requires 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 2 T P::: 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov The City of West University Place 11\Neighborhood Cin 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 Docket No. 2015-11, The applicant,John Tsai,represented the Neil Martin moved to close the Property at 4116 Judson property owner, Daniel Ogbonna, and gave a evidentiary portion of the hearing. Ave and 4115 Emory, presentation.The applicant in Docket 2015- Second by Janet Parisi. Ayes: Ed West University Place, Sobash, Robert Grossman, Edward Texas 77005 (Special 11, 4116 Judson, is requesting a special Nikonowicz, Chris Heard and Janet Exception). exception as authorized by Table 7-5a, Parisi. Motion carried. a. Public hearing regarding entitled"Parking, driveways, etc."Table 7-5a a request for a special establishes the maximum number of curb cuts After deliberations Neil Martin moved to exception as authorized by allowed per building site in a single-family approve the request for a special Table 7-5a, Note 5 of the district. The applicant is requesting a special exception to allow an additional curb cut. zoning regulations to exception as authorized in Note 5 to Table 7- Second by Janet Parisi. Ayes: Ed authorize additional curb Sato allow an additional curb cut on the Sobash, Robert Grossman, Edward cuts for one building site. Nikonowicz, Chris Heard and Janet b. Deliberation, decisions, building site for a total of two curb cuts. The Parisi. Motion carried. other action, etc. regarding applicant has joined two building sites,4116 the preceding matters. Judson Avenue and 4115 Emory Avenue to create a through lot extending between Judson and Emory. The applicant plans to construct a garage and cabana/game room/ summer kitchen structure on the rear portion of the through site. The principal structure fronting Judson houses an existing garage with driveway and curb cut. There is an existing curb cut on the site and the applicant is requesting that the ZBA authorize the relocation and use of the curb cut in order to 3 TOP K PLACES 3800 University Boulevard ( West University Place, TX 77005 I www.westutx.gov The City of West University Place I .A ei/Jbo,hood(,itl construct a driveway that will service the proposed garage structure. Debbie Scarcella stated no correspondence was received in favor of or opposed to the application. The following members of the public spoke in favor of the application: Abby Linisch—4123 Emory Andy Carter—4202 Emory Sam Bedhar—4116 Emory Staff Response The applicant is seeking the special exception for an additional curb cut on Emory Avenue. Table 7-5a of Appendix A of the Code of Ordinances limits the maximum number of curb cuts to"one per designated building site abutting the street." Note 5 of Table 7-5a authorizes the ZBA to grant a special exception for additional curb cuts for each designated building site. According to some of the pictures attached to the application, there appear to be large trees located where the building and driveway are proposed. The applicant has not indicated the disposition of the trees in the application. Also to be considered would be how the curb cut might affect the storm sewer system and drainage of the street. 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. 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 Meeting Minutes. Approval of meeting minutes of October 22, Motion to approve the corrected meeting 2015. minutes of October 22, 2015 by Ed Sobash. Second by Janet Parisi ; es: 4s 0, 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov The City of West University Place -11\Tiglibulltooci f;itl Ed Sobash, Robert Grossman, Edward Nikonowicz, Chris Heard and Janet Parisi. Motion carried. Adjournment. Chris Heard moved to adjourn the meeting. Second by Janet Parisi. Ayes: Ed Sobash, Robert Grossman, Edward Nikonowicz, Chris Heard and Janet Parisi. Motion carried. The meeting was adjourned at 8:30 pm. APPROVED THIS 1 Lit' DAY OF �f� 201 . AIWA mil.AI 1.11 • San.y Hellums, Presiding •fficer ATTEST: Debbie Scarcella, City Planner 5 WORK PLACES 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov