HomeMy WebLinkAbout02272020 ZBA Minute The City of West University Place
A Neighborhood City
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
11. 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 andyard 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
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The City of West University Place
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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
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The City of West University Place
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variance. The findings to grant a favorable
result for this application are as follows: I.
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.
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3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov
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The City of West University Place
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ii Neighborhood hbolhood City-
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 37/ DAY OF E 2020. /
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..4V ' ' 4 L.r.
Presi s ing Officer
ATTEST: L---\ Q. \M. \--\-0\1 -QS
Josie M.Hayes, Administrator Coordinator
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