HomeMy WebLinkAbout07232020 ZBA Minutes The City of West University Place
A Neighborhood City
ZONING 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
lI. 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 There were two citizens speaking against decision. Second by Janet Parisi. AYES:
building line. 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).
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0 3800 University Boulevard West University Place, TX 77005 I www.westutx.gov
0 The City of West University Place
A Neighborhood City
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).
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3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov
CM. The City of West University Place
A Neighborhood Cit
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 extend against.No one spoke in favor or against the to approve the reinstatement of PNC
the Prior Non-conforming special exception. status for a period of 25 years from
(PNC) status indefinitely 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 primary purpose of parking related to the
The zoning of the site is split between a
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. became PNC status due to the demise of Nikonowicz and Janet Parisi. Motion
regarding the preceding Ordinance 517. carried.
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.
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3800 University Boulevard 1 West University Place, TX 77005 1 www.westutx.gov
The City of West University Place
A Neighborhood City
APPROVED THIS 2-2_ DAY OFL r2020.
P -si•ing Of icer
ATTEST: .5) Ck\
Josie M. Hayes,Administrator Coordinator
4 T4P
0 WORK
PLACES
3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov