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Home My WebLink About10222020 ZBA Agenda item 4 • • The City of West University Place A Neighborhood Cin- ZONING iiiZONING BOARD OF ADJUSTMENT MUNICIPAL BUILDING 3800 UNIVERSITY BOULEVARD TELECONFERNCE MEETING MINUTES July 23,2020 5:30 pm Steven Segal(voting),Neil Martin(voting),Donald Yurewicz(voting), I. MEMBERS PRESENT: Edward Nikonowicz(voting), Janet Parisi(voting)Jay Cohen and John Brett Sergio Amelio and Brennan Reilly II. MEMBERS ABSENT: Zack Petrov,Legal Counsel, Clay Chew,Building Official and Josie III. STAFF PRESENT: M. Hayes,Administrative Coordinator IV. CALL TO ORDER: 7:11 p.m. Agenda Item Discussion Action 1 Call the meeting to order. After technical difficulties, Steven Segal Steven Segal moved to accept that all Notices,Rules,Etc. called the meeting to order at 7:11 p.m. notices were properly posted and Steven Segal asked each member to briefly distributed for this meeting. Second by introduce themselves. 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 Paris. 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. 2020-0006, The applicant in Docket 2020-0006, 3402 Motion to close the deliberation of the regarding property at Nottingham St. (5520 Buffalo Speedway) hearing was made by Steven Segal. 3204 Nottingham St. is appealing the Building Officials decision Second by Janet Parisi. AYES: Steven (5520 Buffalo Speedway), that the front street line and front building Segal, Neil Martin, Donald Yurewicz, West University Place, line remain at Buffalo Speedway. Edward Nikonowicz and Janet Parisi. Texas 77005(Appeal) Motion carried(5-0). a. Matters regarding Staff did not receive any correspondence in an appeal of the Building After deliberation, Steven Segal made a Official's decision of the favor or against the appeal. motion to uphold the Building Officials location of the front decision. Second by Janet Parisi. AYES: building line. There were two citizens speaking against Steven Segal, Neil Martin, Donald b. Deliberation, the application:Jeff Andrews, 5512 Buffalo Yurewicz, Edward Nikonowicz and Janet decisions, other action, etc. Speedway and Rachelle Williams, 5516 Parisi.Motion carried(5-0). 1 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov • • • The City of `Vest University Place I Neighborhood Cin regarding the preceding Buffalo Speedway. matters. Background Information: A fence was denied that would encroach across the 30 foot building line at Buffalo Speedway. 3204 Nottingham St. was originally 5520 Buffalo Speedway when West University was platted. In 1980 the existing home at this property was issued a building permit with the 5520 Buffalo Speedway address but was allowed to change it to the present address of 3204 Nottingham St. Staff Response: Although the address was changed in 1980 when the home was built, the existing building setbacks remain in effect. The most recent survey from August 6, 2019 still places the 30 foot front building line along Buffalo Speedway. All of the homes from 5400-6200 Buffalo Speedway on the west maintain a 30 foot front building line setback. 3 Docket No. 2020-0008, The applicant in Docket 2020-0008, is Motion to close the deliberation of the regarding property at requesting a variance to install a second gas hearing was made by Steven Segal. 4134 Villanova St., West meter for a backup generator at 4134 Second by Edward Nikonowicz. AYES: University Place, Texas Villanova St. Steven Segal, Neil Martin, Donald 77005(Variance) Yurewicz, Edward Nikonowicz and Janet a. Public hearing Staff did not receive any correspondence Parisi. Motion carried(5-0). regarding a request for a letters and no one spoke in favor or against variance to install a second the application. After deliberation Janet Parisi made a gas meter for a backup motion to approve the variance to allow a generator. Background Information: second gas meter for a backup generator. b. Deliberation, The second meter would be denied due to the Second by Steven Segal. AYES: Steven decisions, other action, etc. Zoning Ordinance only allowing one on a Segal, Neil Martin, Donald Yurewicz, regarding the preceding single family detached building site. Edward Nikonowicz and Janet Parisi. matters. Appendix A,Article 2, Section 2-102 Certain Motion carried(5-0). Terms, Single-detached use. (2)There is no multiple utility service on the building site. 4 Docket No.2020-0009, The applicant in Docket 2020-0009 is Motion to close the deliberation of the regarding property at requesting a special exception for an hearing was made by Steven Segal. 3636 Rice Blvd.,West extension of the PNC status indefinitely for Second by Janet Parisi. AYES: Steven University Place,Texas the use of parking related to the business uses Segal, Neil Martin, Donald Yurewicz, 77005(Special Exception) located on the adjacent property(the former Edward Nikonowicz and Janet Parisi. JMH Building). Motion carried(5-0). 2 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov • The City of West University Place 1 i'Veighborhood City a. Public hearing Staff received four correspondence emails in After deliberation Steven Segal made a regarding a request for a favor of the special exception and none motion to approve the special exception special exception to extendagainst.No one spoke in favor or against the to approve the reinstatement of PNC the Prior Non-conforming status for a period of 25 years from (PNC) status indefinitely special exception. September 13, 2020, with the stipulation for the use of the area for Background Information• that the parking lot would be used for the parking related to the The zoning of the site is split between a primary purpose of parking related to the business uses located on southern portion which is zoned Commercial business uses located on the adjacent the adjacent property to the (Town Center)and the north portion which is property to the south (former JMH south(the former JMH Building). Second by Edward single family. The site was historically Building). Nikonowicz. AYES: Steven Segal, Neil parking for JMH Grocery and was allowed by b. Deliberation Martin, Donald Yurewicz, Edward ' Ordinance 517. In 1986 the parking use decisions, other action, etc. Nikonowicz and Janet Parisi. Motion re ardin the precedingbecame PNC status due to the demise of carried. g g Ordinance 517. matters Staff Response: The ZBA may issue a special exception to extend or reinstate PNC status for any item, upon application by the owner or someone with a substantial interest in the affected property, if the ZBA find: (i)a substantial investment was reasonable made in the PNC item, or in reliance upon it, and(ii) extension of PNC status is necessary to allow a reasonable period in which to amortize the investment, or to avoid unreasonable waste of any remaining value of the item with PNC status. An extension may be for a fixed term or for an indefinite period. This section applies both to PNC items losing status by lapse of time and to PNC items losing status for other reasons. A special exception may allow the rebuilding, remodeling or modest enlargement of a structure which would otherwise lose PNC status and may allow the continuation of PNC status. 5 Meeting Minutes Approval of meeting minutes from June 25, Steven Segal moved to approve the June 2020. 25, 2020 minutes. Second by Janet Parisi. AYES: Steven Segal, Neil Martin, Donald Yurewicz and Janet Parisi. NOES: None. ABSTAIN: Edward Nikonowicz.Motion carried. Adjournment. The meeting was adjourned at 9:05 p.m. Steven Segal moved to adjourn the meeting. Second by Edward Nikonowicz. AYES: Steven Segal, Neil Martin, Donald Yurewicz, Edward Nikonowicz and Janet Parisi. Motion Carried. 3 TOP WORK PLACES 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov 1110 The City of West University Place A Neighborhood City APPROVED THIS DAY OF 2020. Presiding Officer ATTEST: Josie M.Hayes, Administrator Coordinator 4 TOP 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov