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HomeMy WebLinkAbout01222015 ZBA Minutes C., a.)0 The City of West University Place A AreighbothoodCin ZONING BOARD OF ADJUSTMENT MUNICIPAL BUILDING 3800 UNIVERSITY BOULEVARD REGULAR MEETING MINUTES January 22,2015 6:30 pm Samantha Brantley(voting),Priya Coffey(voting), Sandy Hellums I. MEMBERS PRESENT: (voting),Katherine Brem(voting),Donald Yurewicz(voting), Ed Sobash and Don Culbert. II. MEMBERS ABSENT: None. III. STAFF PRESENT: Alan Petrov and Martye Kendrick, Legal Counsel; Chris Peifer, Assistant City Manager and Public Works Director; and Debbie Scarcella, City Planner. CITY COUNCIL: Joan Johnson IV. CALL TO ORDER: 6:33 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 6:33 p.m. Samantha Brantley were properly posted and distributed for this asked each member to briefly introduce meeting. Second by Priya Coffey. Ayes: themselves. Debbie Scarcella, City Samantha Brantley, Priya Coffey, Sandy Planner stated all notices were posted Hellums, Katherine Brem and Don Yurewicz. as required by city and state law. Motion 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 agenda. public hearings. 1 TOP WORK PLACES 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov The City 4W/est University Place ,I ,A'eighb rhoHcl Cin 4 Docket No. 2014-06, Lorena Cuellar,property owner Katherine Brem moved to close the evidentiary Property at 6116 Kirby representative, explained that the portion of the meeting. Second by Priya Drive, West University property was in a townhome district, Coffey. Ayes: Samantha Brantley, Priya Place, Texas 77005 but they were electing to building a Coffey, Sandy Hellums, Katherine Brem and (Special Exception). single family(detached) structure. Don Yurewicz.Motion carried. Their design of the structure lent itself a. Public hearing regarding a to a swimming pool that would provide After deliberation, Priya Coffey moved to grant request for a Special an opportunity for noise and visual the special exception to allow the swimming Exception as authorized by buffering from the busyness along pool in a townhome district provided all Article 7-5b, of Appendix A Kirby Drive. swimming pool, noise and drainage regulations of the Code of Ordinances, are complied with. Second by Sandy Hellums. to allow for the construction Sean Startz, 6114 Kirby Drive spoke in Ayes: Samantha Brantley, Priya Coffey, Sandy of a residential swimming favor of the request. No one spoke Hellums, Katherine Brem and Don Yurewicz. pool in a town home zoning against the request. Staff did not Motion carried. district. receive correspondence in favor of or against the request. Ms. Cuellar stated b. Deliberation, decisions, that she received one phone call asking other action, etc. regarding questions regarding the plan layout. the preceding matters. Background Information.The building site at 6116 Kirby Drive is located in a single family(attached) residential zoning district,or a townhome district, abutting Kirby Drive. Although the district is designed for multiple units that are attached to each other, a single family(detached) unit is also allowed in the district. The applicant is planning to build a single family(detached) structure on the 50 x 100 lot and would like to complete the construction with a residential swimming pool similar to the one in the drawings attached to the application. Table 7-5b, Certain Structures, does not authorize a swimming pool"by right"in a townhome district. The table refers to Note 2,which authorizes the ZBA to issue a special exception for a swimming pool. The applicant will have to submit plans demonstrating compliance with all city requirements including building code, zoning regulations,drainage and tree preservation. Staff Response. Note 2 to Table 7- 5b authorizes the ZBA to issue a special exception, if the ZBA finds 2 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov r1, rachcC it\ of \\ cst ni\rcsit\ P1c ,t \ci ghbor1ux d C;in that the proposed facility will not create a drainage or noise problem and will not cause a significant increase in traffic on nearby streets. The swimming pool will also be required to meet all zoning regulations and those regulations contained in Chapter 18 and other sections of the Code of Ordinances. 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. 2014-07, Mr.Dan Scheffer, contractor at 4202 Katherine Brem moved to close the evidentiary Property at 4202 Marquette and the property owner, portion of the meeting. Second by Don Marquette Street, West Lanna Lee presented the application for Yurewicz. Ayes: Samantha Brantley, Priya University Place, Texas the special exception. Ms.Lee has a Coffey, Sandy Hellums, Katherine Brem and 77005 (Special house at the corner of Marquette and Don Yurewicz. Motion carried. Exception). West Point with a side loading 3 car garage. The driveway is 30 feet wide. After deliberation, Samantha Brantley moved to a. Public hearing regarding a The building site is 81 feet wide, and grant the special exception to allow the request for a Special can accommodate a semi-circular additional curb cuts provided the semi-circular Exception as authorized by drivewayalong Marquette per Chapter drive complies with drainage regulations, curb Article 7-5a, Note 5 of 70 of the code of ordinances. The cut and driveway widths and space between Appendix A of the Code of zoning ordinance authorizes only one driveways. Second by Priya Coffey. Ayes: Ordinances, to allow for the curb cut per building site. Therefore Samantha Brantley, Priya Coffey, Katherine construction of additional they are asking for a special exception Brem and Don Yurewicz. Noes: Sandy curb cuts on a single to utilize two more curb cuts (3 total)to Hellums. Motion carried. building site(3 total). install a semi-circular drive. b. Deliberation, Steve Wyman,4141 Marquette spoke decisions, other action, etc. to ask questions regarding the request. regarding the preceding There were no other speakers or matters. correspondence received in favor of or against the application. 3 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov 01 C., rl,hc City of W eSt LJ 11iVersity Place .....) 1 \cci hbo�1, xI(]in Background Information The site is located at the northwest corner of Marquette Street and West Point Drive and is 81.30' wide by 125' deep. The applicant is requesting a special exception to allow two additional curb cuts on Marquette Street in order to construct a semi-circular driveway. There is an existing driveway connecting to the garage off of West Point Drive. The applicant is seeking the special exception for additional curb cuts along Marquette Street in order to minimize the parking in the street and attain additional parking spaces on site. The site would have a total of three curb cuts if the special exception is granted. The new curb cuts will be required to meet the specifications for a semi-circular drive. Staff Response 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 two curb cuts specifically for circular driveways as allowed in Chapter 70 of the Code of Ordinances. These curb cuts are authorized along the front street line. A third curb cut would not comply. Note 5 goes on to authorize the ZBA to grant a special exception for additional curb cuts for each designated building site. The curb cut on West Point Drive meets the width regulation for a three car garage. 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 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov The City of West University Place Nci hher liuod( Th 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. 6. Docket No. 2014-01 Background Information After discussion, Priya Coffey moved to regarding a request for a The site at 3748 Wroxton is an approve the modification to the special modification to the irregularly shaped building site that exception to allow the reduction of the front previously approved abuts both Wroxton Road and setback along Bissonnet with the same decision to reduce the Bissonnet Road, and is therefore required front setback similar layout as attached to the application. conditions and for the plans in substantially along Bissonnet Street to considered a"through"building site. Second by Samantha Brantley. Ayes: Samantha 10' for a through lot. A"through"building site is treated Brantley, Priya Coffey, Sandy Hellums, as if there are two front yard Katherine Brem and Don Yurewicz. Motion This modification request setbacks and no rear yard setbacks carried. does not require a public (Table 7-2,Note 1). The applicant hearing and is only an in Docket 14-01 requested a special agenda action item. exception per Note 5 of Table 7-2 which allows for a reduction in the setback along a major thoroughfare provided the setback is not less than 10' and there is the greatest practicable amount of pervious area in the reduced front setback. The ZBA granted the special exception with the conditions that the setback is not less than 10', there is the most practicable amount of pervious area in the setback, and the final plan submitted for permit is substantially similar to the conceptual drawings as presented with the application. Staff Response Subsequent to the granting of the special exception, the applicant submitted a set of plans that were substantially similar to the conceptual drawings submitted with the application. Upon completion of the plan review process, a permit was issued for construction of the 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov The Citi of West University 1. l acc 1 :"s'eiy/hlborinrocl Cin structure. At some point, the applicant decided not to move forward and build the structure. The property was sold, and the new property owner,having been fully informed of the special exception and its conditions, approached staff with a possible plan layout. The proposed plan shows a front loading garage with house behind it. The structure appears to be inset in various places along the second floor. There is also a slight difference in footprint. The initial plan had a rear situated garage with a motor court and driveway in front of the garage door. A half-story was included on a third level and the footprint was somewhat different. There is about 120 square feet difference in framed area-the original application was 6751 and the current application is 6873. Staff does not believe that the plans are substantially similar enough to satisfy that condition of the special exception issued in Docket 14-01. The other two conditions, (setback is not less than 10' and there is still 100%pervious area in the setback), are still met. A building permit was applied for and issued within the prescribed time frame and so, the applicant has until February of 2016 to complete construction per the ZBA rules of procedure. The applicant requests a modification to the decision by allowing the special exception to apply to the conceptual plans filed with the modification request. The modification request does not require a public hearing or additional notices to be sent. The 06 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov C., a.)Ini The City of\Vest University Place A \' pi hborhorx1(;itl modification request has been set as an agenda item only and notices were sent by regular mail only so that the neighboring property owners would be aware of the request. 7. Meeting Minutes. Approval of meeting minutes of Samantha Brantley pointed out a period missing September 25,2015. on the first page. It was hand corrected. Sandy Hellums moved to approve the minutes of September 25, 2015 as corrected. Second by Priya Coffey. Ayes: Samantha Brantley, Priya Coffey, Sandy Hellums, Katherine Brem and Don Yurewicz.Motion carried. 8 Executive Session(if Samantha Brantley announced that the Samantha Brantley reconvened the regular necessary). Zoning Board of Adjustment would meeting at 9:03 pm and there was no action suspend the meeting and convene into taken. executive session with legal counsel, Alan Petrov and Martye Kendrick, and asked staff members Chris Peifer and Debbie Scarcella to attend the executive session. The ZBA went into closed session for consultation with legal counsel regarding possible applications for relief by places of worship. Adjournment. Sandy Hellums moved to adjourn the meeting. Second by Priya Coffey. Ayes: Samantha Brantley, Priya Coffey, Sandy Hellums, Katherine Brem, and Don Yurewicz. Motion carried. The meeting was adjourned at 9:05 p.m. -6 /44-Ar APPROVED THIS 2'(0 DAY OF `�'` 2015. b4A...„„.6.-- rft4 ICi)Cr- Samantha Brantley,Presiding Officer ATTEST: Debbie Scarcella, City Planner 7 TOP WORK 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov