HomeMy WebLinkAbout01222015 ZBA Minutes C.,
a.)0 The City of West University Place
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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.
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PLACES
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The City 4W/est University Place
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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
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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.
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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
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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
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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
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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.
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APPROVED THIS 2'(0
DAY OF `�'` 2015.
b4A...„„.6.-- rft4
ICi)Cr- Samantha Brantley,Presiding Officer
ATTEST:
Debbie Scarcella, City Planner
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3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov