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Home My WebLink About04232020 ZBA Agenda Item 3 The City of West University Place A Neighborhood on- ZONING BOARD OF ADJUSTMENT MUNICIPAL BUILDING 3800 UNIVERSITY BOULEVARD REGULAR MEETING MINUTES February 27,2020 6:30 pm Steven Segal(voting),Donald Yurewicz(voting), Edward Nikonowicz I. MEMBERS PRESENT: (voting), Janet Parisi(voting) and Sergio Amelio(voting) Neil Martin,Jay Cohen,John Brett and Brennan Reilly II. MEMBERS ABSENT: Laura McKenery, Legal Counsel,Clay Chew,Building Official and III. STAFF PRESENT: Josie M.Hayes, Administrative Coordinator IV. CALL TO ORDER: 6:30 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. 6:30 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, Donald Administrative Coordinator, stated that all Yurewicz, Edward Nikonowicz, Janet notices were posted in accordance with state Parisi and Sergio Amelio. 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. 2020-0001, The applicant in Docket 2020-0001, 6402 Motion to close the deliberation portion regarding property at Vanderbilt St. is requesting both a variance of the hearing was made by Edward 6402 Vanderbilt St., West to Section 10-103(b) in order to allow a Nikonowicz. Second by Janet Parisi. University Place, Texas "stub" or "dead end" driveway in a front Ayes: Steven Segal, Donald Yurewicz, 77005 (Variance and yard and a special exception to Table 7-5a, Edward Nikonowicz, Janet Parisi, and Special Exception) Note 5, to authorize a second curb cut on Sergio Amelio. Motion carried(5-0). a. Public hearing regarding a request for a the building site. After deliberations Steven Segal a motion special exception and to approve the variance to Article 10, variance to authorize an Staff received one correspondence letter in Section 10-103(b) to allow a dead end or additional curb cut and a favor the application from Alberta and stub driveway in the front yard setback. driveway to end in the yard Andrew, 6410 Vanderbilt St. Seconded by Edward Nikonowicz. Ayes: and not at a garage Steven Segal, Donald Yurewicz, Edward 1 ' 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov The C�it-y of`Fest university Place A .Y eighbQthood on opening. Citizen speaking in favor of the application Nikonowicz, Janet Parisi and Sergio b. Deliberation, was: Amelio Motion carried(5-0). decisions, other action, etc. regarding the preceding Alicia Drewes, 6112 Fordham St. Steven Segal made a motion to authorize matters. a special exception as authorized in Table Background Information: 7-5a, Note 5 to authorize an additional The site is located at the northwest corner curb cut to the building site in order to of Vanderbilt St. and Duke St. and is 100' build a dead end or stub driveway in the wide by 200' deep. There is an existing front yard setback. Second by Janet circular driveway in the side yard that ends Parisi. Ayes: Steven Segal, Donald Yurewicz, Edward Nikonowicz, Janet at the garage driveway. The circular Parisi and Sergio Amelio. Motion driveway would be replaced by a single carried(5-0). driveway which would end at the existing porte-cochere. A new garage and driveway is planned to be built with the current garage area turned into outdoor space. The applicant is asking for a special exception to allow another curb cut on the Duke St. side for parking at the porte-cochere. The driveway would stop or "dead end" in the side 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. 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 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 0 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov 0 The City of West University Place ..) 2,1'Veighborhuuc!City 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 burden upon public utilities or services. If the Board grants the special exception, the Board can attach conditions. 3 TOP WORK PtACEs 3800 University Boulevard 1 West University Place, TX 77005 1 www.westutx.gov C., ....)01 The City of West University Place A Neighborhood oci Cin 3 Meeting Minutes Approval of meeting minutes from December Steven Segal moved to approve the 19,2019. December 19, 2019 minutes. Second by Edward Nikonowicz. Ayes: Steven Segal, Donald Yurewicz, Edward Nikonowicz, Janet Parisi and Sergio Amelio. Motion carried. Adjournment. The meeting was adjourned at 6:58 pm. Donald Yurewicz moved to adjourn the meeting. Second by Janet Parisi. Ayes: Steven Segal, Donald Yurewicz, Edward Nikonowicz, Janet Parisi and Sergio Amelio. Motion Carried. APPROVED THIS DAY OF 2020. Presiding Officer ATTEST: Josie M.Hayes, Administrator Coordinator 4 w°K PLACES 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov