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BOARD OF ADJUSTMENT
MUNICIPAL BUILDING
3800 UNIVERSITY BOULEVARD
REGULAR MEETING MINUTES
February 26,2015
6:30 pm
Samantha Brantley(voting), Sandy Hellums (voting), Ed Sobash
I. MEMBERS (voting), Donald Yurewicz(voting), and Don Culbert(voting).
PRESENT:
II. MEMBERS ABSENT: Priya Coffey and Katherine Brem
III. STAFF PRESENT: Alan Petrov, Legal Counsel; James Dougherty, Special Counsel
for the ZBA; Chris Peifer, Assistant City Manager and Public
Works Director; and Debbie Scarcella, City Planner.
CITY COUNCIL: Ed Heathcott
IV. CALL TO ORDER: 6:39 pm.
Agenda Item Discussion Action
1 Call the meeting to order. Samantha Brantley called the meeting Sandy Hellums moved to accept that all notices
Notices,Rules,Etc. to order at 6:39 p.m. Samantha Brantley were properly posted and distributed for this
asked each member to briefly introduce meeting. Second by Don Culbert. Ayes:
themselves. Debbie Scarcella, City Samantha Brantley, Sandy Hellums, Ed Sobash,
Planner stated all notices were posted Don Culbert and Don Yurewicz. Motion
as required by city and state law. carried.
Samantha Brantley described the Samantha Brantley administered the oath to all
procedure of the hearings. witnesses.
Swearing in of witnesses.
2 Public comments Samantha Brantley asked if there were No speakers present.
addressing items not on any speakers wishing to address items
the agenda. not on the agenda.
3 Public comments Samantha Brantley announced that No other speakers present.
addressing items on the speakers would be allowed during the
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agenda. public hearings and comments could be
made then.
4 Docket No. 2015-01, Mr. Andrew Ashcroft,property owner, Sandy Hellums moved to close the evidentiary
Property at 6434 Mercer made the presentation to ZBA. They portion of the meeting. Second by Ed Sobash.
Street, West University have plans to demolish a projecting Ayes: Samantha Brantley, Sandy Hellums, Ed
Place, Texas 77005 portion of the second story and front Sobash, Don Culbert and Don Yurewicz.
(Special Exception). porch and reconstruct the front Motion carried.
elevation at the line already established.
a. Public hearing regarding The existing front line was at 27.8' After deliberation, Don Culbert moved to grant
a Special Exception as instead of 30' as required by the current the special exception to reinstate PNC status for
authorized by Section 12- regulations. the front yard projection and allow modest
105 of Appendix A of the renovation and reconstruction provided the
Code of Ordinances, to Ken Chine,next door neighbor, asked a project was constructed substantially similar to
reinstate PNC status for a question and then voiced no objection the elevation drawing attached to the
front yard encroachment of to the request. No one spoke against application. Second by Don Yurewicz. Ayes:
2.6' (approximately 2'8"). the request. Staff did not receive Samantha Brantley, Sandy Hellums, Ed Sobash,
correspondence in favor of or against Don Culbert and Don Yurewicz. Motion
b. Deliberation, decisions,
the request. carried.
other action, etc. regarding Background Information
the preceding matters. The building site at 6434 Mercer is 50'
wide x 162.40' deep. The original
structure was built in the 1930's and
likely was built behind a thirty foot
setback line. It appears that at some
point before 1961, a front porch was
added to the structure causing an
encroachment into the front yard. This
encroachment appears to have been in
compliance with ordinance 111,
enacted in 1937 which allowed a 10'
encroachment for front porches. In
1961 (permit attached) a permit to add
on to and enclose the front porch was
issued. The applicant believes that the
structure was built in compliance with
regulations at that time since a building
permit was issued. When the
ordinances were integrated and changed
in 1987,the front yard setback
requirements changed based on the
depth of a building site. The minimum
setback for a lot over 125' deep is 30'.
The front wall of this structure is 27.4'
(a little over 27'4"). The applicant
would like to remove the front entry
both on the first and second floor,
repair and renovate the area removed,
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The City of West University Place
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and add a compliant front porch.
Staff Response. The structure likely
has acquired PNC status. When the
applicant removes the front entry way
and the structure above the front entry
way,the structure will become more
conforming in relation to the setback,
and therefore lose its PNC status.
Section 12-105 of the zoning
regulations allows the ZBA to reinstate
and continue the PNC status if it finds:
(i)a substantial investment was
reasonably made in the PNC item, or in
reliance upon it, and(ii) extension of
PNC status is necessary to allow a
reasonable period in which to amortize
the investment, or to avoid
unreasonable waste of any remaining
value of the item with PNC status.The
special exception may also allow the
rebuilding, remodeling or modest
enlargement of a structure. The
applicant's intent is to add a front porch
that is in compliance with front porch
regulations contained in Table 7-6,
Note 1.2 of the zoning regulations. In
order to authorize the exception,the
ZBA must also find that: (i)the request
is in harmony with the general purpose
and intent of the Zoning Ordinance and,
(ii)that the request will not cause any
significant increase in on-street parking,
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.
5. Docket No. 2015-02, Drew Morris,with Savills Studley, Don Culbert moved to close the evidentiary
Property at 6723 Stella acting on behalf of the owner,David portion of the meeting. Second by Ed Sobash.
Link Road, West Gibbs(DKG), gave the presentation. Ayes: Samantha Brantley, Sandy Hellums, Ed
University Place, Texas Garrett Wager,Headmaster St. Mark's Sobash, Don Culbert and Don Yurewicz.
77005 (Special School,was also present. Mr.Morris Motion carried.
Exception). stated that the owner of the shopping
center at Stella Link and Bellaire Blvd After deliberation, Sandy Hellums moved to
a. Public hearing regarding a had offered neighboring St.Mark's grant the special exception to school use, other
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request for a Special Episcopal campus a large building than public, in a Commercial (C) zoning district
Exception as authorized by along the rear of the property. St provided the structure complies with parking
Article 7-1, Note 9 of Mark's is contemplating renovation to requirements and building codes; and, Stella
Appendix A of the Code of the space to create four new classrooms Link is not used as a student drop off/pick up
Ordinances, to allow for a and a multi-purpose room,with access point. Second by Don Yurewicz. Ayes:
school use (other than associated restroom areas, faculty Samantha Brantley, Sandy Hellums, Ed Sobash,
public) in a Commercial (C) rooms, and offices. DKG provided a Don Culbert and Don Yurewicz. Motion
zoning district. traffic study regarding the circulation carried.
and congestion and the architect
b. Deliberation, provided a parking analysis based on
decisions, other action, etc. current zoning regulations. The current
regarding the preceding drop off/pick up access would remain
matters. on Bellaire and parking on the Stella
Link site would be for staff only,with
only electronic controlled access to the
building from Stella Link. St. Marks' is
doing this to reduce the student teacher
ratio and is not looking to increase
enrollment.
Nina Mega spoke to ask questions
regarding spaces at the rear of the
structure.
Mary Ann Pace spoke regarding the
parking availability and customer
access.
David Cole spoke to ask that the ZBA
consider conditions to specifically limit
the entry/exits of vehicles from Stella
Link.
There were no other speakers or
correspondence received in favor of or
against the application.
Background Information. The
property at 6723 Stella Link Road is
part of a shopping center containing
three separate buildings and containing
approximately 26,295 square feet of
mostly retail and personal service
space. There is a large 9600 building at
the rear of the property along the
eastern property line abutting St.
Mark's Episcopal Church and school
campus. The property owner is
proposing to lease this structure to St.
Mark's for use of additional classrooms
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for its school. St.Mark's plans to
remodel the interior and exterior(see
plans and photos)creating a multi-
purpose room,technology lab, four
classrooms and other incidental school
areas, including restrooms,janitorial
and staff offices. This will all be on the
first floor of the structure. Any second
floor areas will not be habitable and
will be used for mechanical equipment
and storage.
The applicant indicates that a portion of
parking spaces(15)will be accessible
from Stella Link, and 13 other parking
spaces will be gated and entry access
limited to Bellaire from an existing
driveway along the eastern property
line. This is to help alleviate vehicular
access impacts in the morning and
afternoon hours. The release time of
the students is also staggered in the
afternoon. A pre-application briefing
as required by zoning ordinance was
held on January 31,2015 at 9:00 a.m. at
St.Mark's Church campus. (Copies of
the required submittals are attached
under Tab 4.) Most of the commentary
heard was centered on possible increase
in traffic,traffic congestion and
additional parking versus the current
parking situation at the center. A
secondary issue of parking during the
construction process was discussed as
well.
Staff Response. The center is required,
based on current square footage and
occupancy, to have 106 parking spaces
at a ratio of 4 spaces per 1000 square
feet (26,295 / 1000 x 4=105.18). The
center currently has at most 93 spaces.
If St. Mark's goes forward with this
project, the parking requirements will
be reduced by three spaces. This is
based on 16,695 square feet of
shopping center at 4 spaces per 1000
square feet and St. Mark's 9600 square
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feet at 10 spaces for the first 2000
square feet and 3.33 spaces per 1000
square feet after that. (16.695 x 4 =
66.78 plus 10 spaces plus 7.6 x 3.33
=25.308. Total =102.088). Based on
the proposed drawings, St Mark's
proposes to add 6 spaces along the front
of the building and 6 spaces at the side
of the building for a total of 12 spaces.
Add this to 93, and there will be 105
total spaces provided.
The property owner engaged Walter P
Moore and Associates, a traffic
engineering firm,to perform a traffic
analysis based upon the proposed
project(Attached under Tab 12). The
city then sent the report to the city's
traffic engineer for review. The city's
traffic engineer's report is attached.
Both engineers stated that based upon
the number of trips(standard numbers
per national standard), staggered hours
of pick up, and the recent traffic count
performed at that intersection for
Houston Metro,neither the amount of
traffic nor the traffic congestion will be
substantially impacted. Attached also
are letters from a civil engineer and
MEP's stating no adverse impacts on
drainage or utilities will result from this
project.
Table 7-1 authorizes the ZBA to grant a
special exception for a school other
than a public school to locate in a
Commercial(C)zoning district. In
order to authorize the exception,the
ZBA must find that: (i)the request is in
harmony with the general purpose and
intent of the Zoning Ordinance and, (ii)
that the request will not cause any
significant increase in on-street parking,
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
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exception.
6. Docket No. 2015-03(1), Samantha Brantley introduced James After presentation by David Kuykendall and
Property at 3826 Milton Dougherty, special counsel to the ZBA brief discussion, Samantha Brantley moved to
Street, West University for docket numbers 15-03(1)and 15- designate David Kuykendall as a party to the
Place, Texas 77005 03(2). Prior to the announcement of the application in Docket 15-03(1). Second by
(Special Exception). remaining applications,Mr.Dougherty Sandy Hellums. Ayes: Samantha Brantley,
went through the ordinance provisions Sandy Hellums, Ed Sobash, Don Culbert and
a. Public hearing and requirements for Special Don Yurewicz.Motion carried.
regarding a request for a Exceptions regarding high density
Special Exception as occupancies and accessory uses in a After a partial presentation by the applicant,
authorized by Table 7-1, single-family(detached)zoning district. Samantha Brantley moved to suspend the rules
Notes 1 and 3 of Appendix Mr. Dougherty then explained the of procedure and suspend the remainder of the
A, to authorize the use of a requirements of being designated as a hearing to be continued on March 26, 2015 at
building site for high party to an application based on the 6:30 pm from the point of the applicant's
density occupancy and ZBA rules of procedure. presentation of the TIA information. She
accessory use in a single further motioned to suspend the rules and allow
family (detached) zoning The ZBA had two written requests for those members of the public who would be
district. designation as a party to the application unable to attend and speak at the March 26
from David Kuykendall and Brennan meeting to speak at this meeting. Second by Ed
b. Deliberation, decisions, Reilly. Mr. Dougherty advised the Sobash. Ayes: Samantha Brantley, Sandy
other action, etc. regarding chair that a short presentation regarding Hellums, Ed Sobash, Don Culbert and Don
the preceding matters. why the requestor believed they should Yurewicz. Motion carried.
receive the designation was in order.
The chair called on Brennan Reilly who Samantha Brantley motioned to request the
deferred his time to David Kuykendall. applicant have available additional information
Mr.Kuykendall, 3912 Milton Street, at the March 26 meeting. The request was for a
believes he should be designated a third party traffic review arranged by City staff;
party to this application because he impact statement regarding utilities and
resides within close physical proximity facilities; and TEI traffic engineer present at the
of the intersection where the subject of hearing. Second by Sandy Hellums. Ayes:
the application is located. He has first- Samantha Brantley, Sandy Hellums, Ed Sobash,
hand knowledge of the traffic,traffic Don Culbert and Don Yurewicz. Motion
congestion and parking issues,whereas carried.
others in the city may not.
The applicant(WUBC),was
represented by Roger Patterson, Senior
Pastor, and by George Tracy, architect
for the project. Dr.Patterson deferred
the presentation to Mr. Tracy. WUBC
is requesting a special exception to
authorize high density occupancy in a
single family(detached)zoning district
in order to construct a Youth Ministry
Facility. The applicant is also
requesting authorization for accessory
uses for the abutting parking area, if
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1111e City of West University Place
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necessary. Mr. Tracy made a slide
show presentation which focused on the
reasons that the proposed facility met
the requirements of the ordinance as
found in Table 7-1 and Article 11
regarding special exceptions. The
reasons stated were:
1. Attractive Residential-style
Facility
2. Sustainable—"Green"—
Facility
3. Minimal Impact on City
Infrastructure
4. Positive rather than Negative
Traffic Impact
5. Meets the Requirements for an
Exception
A Traffic Impact Analysis(TIA)was
required with the application. The chair
asked if the traffic engineer was present
or if staff had reviewed or been able to
have the report reviewed by a third
party. Staff had received the full report
this afternoon and it had not been
reviewed. Mr.Tracy indicated that the
traffic engineer was not present.
The chair then stated that since the
board had only received the report just
prior to the meeting and there had been
no other review of the report, she was
inclined to suspend the hearing and
reconvene it the following month. A
motion was then made to suspend the
hearing and continue it to March 26,
2015 at which time the applicant could
begin at this point with his
presentation. The board also requested
the applicant submit or have available
the following at the next meeting:
a. A third party review of the
traffic impact analysis (to be
arranged through staff,not the
applicant).
b. Impact statement regarding
impact of the proposed construction
on utilities.
c. Want the traffic engineer
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present at the next meeting(to be
arranged by the applicant).
The board then voted to suspend their
rules and allow those residents who
may not be able to speak at the next
meeting to speak this night. 9 residents
spoke. The following residents spoke:
Sharon Graf, 2617 Sunset Blvd
Barbara Murray,Buffalo&
Georgetown
Katherine Sweeney,University Blvd
David Dutch, 3109 Rice Blvd
Stan McCandless,Rice Blvd
Carl Graves, 3915 Milton
Chuck Marshall,
David Kuykendall,Milton
Michelle Moore, 3908 Rice Blvd
7. Docket No. 2015-03(2), The applicant was unable to present Samantha Brantley motioned to continue this
Property at 3821 and regarding this application because the public hearing to a meeting to be held on March
3831 Amherst Street, Traffic Impact Analysis(TIA) also 26, 2015 at 6:30 pm. Second by Ed Sobash.
West University Place, directly affects this request. Ayes: Samantha Brantley, Sandy Hellums, Ed
Texas 77005 (Special Sobash, Don Culbert and Don Yurewicz.
Exception). Motion carried.
a. Public hearing
regarding a request for a
Special Exception as
authorized by Table 7-1,
Note 3 of Appendix A, to
authorize the use of a
building site for accessory
use in a single family
(detached) zoning district.
A special exception
authorizing church use
exists for this site.
b. Deliberation,
ecisions, other action, etc.
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The City of West University Place
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11 Neighbortiood Cin
regarding the preceding
matters.
8 Meeting Minutes. Approval of meeting minutes of Don Culbert moved to approve the minutes of
January 22, 2015. January 22, 2015 as written. Second by Ed
Sobash. Ayes: Samantha Brantley, Sandy
Hellums, Ed Sobash, Don Culbert and Don
Yurewicz. Motion carried.
Adjournment. Sandy Hellums moved to adjourn the meeting.
Second by Don Yurewicz. Ayes: Samantha
Brantley, Sandy Hellums, Ed Sobash, Don
Culbert and Don Yurewicz. Motion carried.
The meeting was adjourned at 9:50 p.m.
APPROVED THIS DAY OF Apri I 2015.
Samantha Brantley, Presiding Officer
ATTEST:1C .
Debbie Scarcella,City Planner
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