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Home My WebLink About02272020 ZBA Agenda Item 3 The City of West University Place 11'ei".;hbcn hooci C itV ZONING BOARD OF ADJUSTMENT MUNICIPAL BUILDING 3800 UNIVERSITY BOULEVARD REGULAR MEETING MINUTES December 19,2019 6:30 pm Steven Segal(voting),Neil Martin(voting),Donald Yurewicz(voting), I. MEMBERS PRESENT: Edward Nikonowicz(voting),Janet Parisi(voting),Jay Cohen,John Brett, Sergio Amelio and Brennan Reilly N/A II. MEMBERS ABSENT: Laura McKenery,Legal Counsel, Gerardo Barrera,Public Works III. STAFF PRESENT: Director, Clay Chew,Building Official and Josie M.Hayes, Administrative Coordinator IV. CALL TO ORDER: 6:32 p.m. Agenda Item Discussion Action 1 Call the meeting to order. Steven Segal called the meeting to order at Edward Nikonowicz moved to accept that Notices,Rules,Etc. 6:32 p.m. Steven Segal asked each member to all notices were properly posted and briefly introduce themselves and state if they distributed for this meeting. Second by are voting or nonvoting. Josie M. Hayes, Janet Parisi. Ayes: Steven Segal, Neil Administrative Coordinator, stated that all Martin, Donald Yurewicz, Edward notices were posted in accordance with state Nikonowicz and Janet Parisi. Motion and local requirements. Steven Segal then Carried(5-0). described the hearing procedures. Steven Segal administered the oath to all Swearing in of witnesses. witnesses. 2 Docket No. 2019-0007, The applicant in Docket 2019-0007, 2601 After the applicant provided additional regarding property at Cason St. is requesting both a variance to information, Steven Segal made a motion 2601 Cason St., West Section 10-103(b)in order to allow a"stub" to rehear the agenda item for the variance University Place, Texas or"dead end" driveway in a front yard and and special exception. Second by Donald 77005 (Variance and Yurewicz. Ayes: Steven Segal and a special exception to Table 7-5a,Note 5,to Special Exception) Donald Yurewicz. Noes: Neil Martin, a. Matters regarding a authorize a second curb cut on the building Edward Nikonowicz and Janet Parisi. request to present new and site. Applicant submitted a formal request Motion failed(2-3). additional information to for a rehearing to provide additional support a request for information on October 20, 2019. rehearing for an additional Additional evidence was presented to ZBA curb and stub driveway in a 1 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov The City of West University Place 11v'eic hbonc(xxi City front yard setback. members. Staff did not receive any correspondence letters in favor or against the application. Background Information: The site is located at the southwest corner of Cason St. and Kirby Dr. and is 50' wide by 120' deep.There is an existing driveway and curb cut from Kirby Dr. in the side yard that ends at the garage. The driveway is approximately 16' deep from the garage doors to the sidewalk. Since the Cason St. intersection is so close to W. Holcombe/Bellaire Blvd.to the south, it is very difficult to load and unload the applicant's children into the vehicle without concern from the traffic congestion that occurs at Kirby Dr. and W. Holcombe/ Bellaire Blvd. The applicant is asking for a special exception to allow another curb cut on the Cason St. side for use for parking her vehicle. The driveway would stop or"dead end"in the front yard,thus necessitating the need for a variance. Staff Response: Variance Request — Section 10-103(b) requires that all parking and maneuvering areas be located behind the principal building. It goes on to prohibit "stub" or "dead end" driveways located in the front yard setback. There is an exception for those sites that front on a major thoroughfare containing four or more lanes. This site does not front Kirby Dr. Staff believes that the ZBA has the authority to grant this variance, but according to Section 11-102 of the zoning regulations, the ZBA may not issue 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 2 TOP WORK PLACES 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov 0 C. ....) The City of West University Place t.Nci�;hbor1J x)d(;in variance. A "special condition" or "hardship" that is self-created, personal or based only on financial reasons is not sufficient to support the issuance of a variance. The findings to grant a favorable result for this application are as follows: 1. The ZBA must find that a literal enforcement of the ordinance would result in an unnecessary hardship. 2. By granting the variance, would the spirit of the ordinance be observed and substantial justice done; 3. Would the variance be contrary to the public interest? (2) The ZBA has made any additional findings and determination required by a specific provision of this section which relates to the variance. (3) The variance has been reduced to writing and includes any conditions prescribed by the ZBA or by this section for the variance in questions. The ZBA may prescribe conditions to the request such as limiting the length and width of the parking space, requiring pervious pavement,require screening, etc. Special Exception Request — 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 additional curb cuts and specifically authorizes staff to approve the curb cuts for semi-circular driveways as prescribed in Chapter 70 of the Code of Ordinances. This proposed driveway would not be connected and so is not authorized without a special exception from ZBA. 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 3 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov The City of West University Place A Neighborhood City burden upon public utilities or services. If the Board grants the special exception, the Board can attach conditions. 3 Meeting Minutes Approval of meeting minutes from November Edward Nikonowicz moved to approve 21, 2019. the November 21, 2019 minutes. Second by Neil Martin. Ayes: Steven Segal, Neil Martin, Donald Yurewicz, Edward Nikonowicz and Janet Parisi. Motion carried. 4 Selection of Vice-Chair Steven Segal made a motion to nominate Janet Parisi as the Vice-Chair. Second by Edward Nikonowicz. Ayes: Steven Segal, Neil Martin, Donald Yurewicz, Edward Nikonowicz and Janet Parisi. Motion carried. Adjournment. The meeting was adjourned at 6:57 pm. Edward Nikonowicz moved to adjourn the meeting. Second by Janet Parisi. Ayes: Steven Segal, Neil Martin, Donald Yurewicz, Edward Nikonowicz and Janet Parisi. Motion Carried. APPROVED THIS DAY OF 2020. Presiding Officer ATTEST: Josie M.Hayes,Administrator Coordinator 4 TOP WORK PLACES 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov