HomeMy WebLinkAbout10132022 ZPC Agenda Item 5 City of
West University
Place
5 . Old Stock Housing
TX BBG CONSULTING,INC.
Zoning & Planning Commission
City of West University Place, Texas
3800 University Boulevard
West University Place, Texas, 77005
October 13, 2022
Honorable Mayor &
Members of the City Council
City of West University Place
3800 University Boulevard
Houston, Texas 77005
Subject: Final report on the current zoning ordinance of
the City of West University Place, Texas ("City")
relating to OLD STOCK HOUSING.
To the Honorable Mayor & Members of City Council :
The Zoning and Planning Commission of the City submits this,
its final report, having not proposed any modifications to the
Zoning Ordinance for the support old stock housing within the
City. The Commission has discussed existing ordinance
provisions relating to old stock housing, performed additional
research into the origin of the old stock 1980 cut-off date,
considered the potential feasibility of implementing a tax-
relief based incentive program for the preservation of old
stock housing, weighed the merits of applying deed restrictions
to old stock building sites, and after five subsequent
meetings, have not proposed any modifications to City Council.
Existing Ordinance provisions for old stock housing.
The zoning ordinance has defined single-family homes built
prior to 1980 as old stock housing. An old stock home can
expand up to 200 percent of its original square-footage while
preserving its prior non-conforming status (Sec. 12-
103 (e) (2) ) . The Zoning Ordinance also provides for old stock
housing to be considered as a hardship for Variances submitted
to the Zoning Board of Adjustment. Additionally, in the
pursuit of preserving old stock homes, the ZBA may grant
special exceptions to allow old stock homes to project into a
rear yard, side yard, or an SF Bufferyard (Table 7-3, Note
13) . The ZBA may also grant a special exception to reduce the
open area requirements in rear yards for Old Stock Homes (Table
7-3, Note 6) . T1
Analysis . In the pursuit of preserving old stock housing,
the Zoning and Planning Commission considered the creation of
a tax-relief based incentive program for old stock homes .
However, upon further consultation with the City Attorney it
was determined that the creation of such a program would be
outside of the purview of the Zoning & Planning Commission .
Due to this, the possibility of a tax relief program for old
stock homes was ultimately discarded. The Commission also
investigated the merits of applying deed restrictions to old
stock building sites, however, it was concluded that such deed
restrictions would similarly be outside the purview of the
Zoning and Planning Commission.
Recommendation. Based on the review given by the Zoning
and Planning Commission regarding old stock housing, it has
been recommended that no changes be made to the Zoning
Ordinance at this time. This review concluded that the
existing provisions in the Zoning Ordinance allow for current
homeowners of Old Stock Housing units to remodel and expand
their homes without adhering to all current development
standards . This more permissive zoning process is intended to
make the expansion and renovation of current old stock housing
preferable to homeowners over demolishing and rebuilding their
old stock homes . It is recommended that City Council consider
other opportunities for the preservation of old stock housing
that are outside the purview of the Zoning and Planning
Commission.
The Vote. The vote on approval of this report was as as
follows :
Respectfully Submitted:
ZONING AND PLANNING COMMISSION OP THE
CITY OF WEST UNIVERSITY PLACE, TEXAS
(Place Holder Text)
Chair, Zoning and Planning Commission
7.2
Existing Provisions within the Zoning Ordinance
for Old Stock Housing
Section 11-104 . - Variances for old stock housing
The ZBA may consider protection or preservation of old stock housing as a
factor in determining whether the "hardship" test for a variance is met, either
for such housing as it then exists or as it may be proposed to be remodeled or
expanded.
Article 7 . - District-specific Regulations, Section 7-101. - Regulations,
tables, etc. , Table 7-3, Note 6.
Old Stock Housing. The ZBA may issue a special exception to reduce the open
area requirement in the rear yard, if the ZBA determines:
The reduction is reasonably necessary to preserve or protect old stock housing
as it then exists or as it may be proposed to be remodeled or expanded (up to a
total gross floor area, for all buildings on the site, that does not exceed the
greater of 3, 400 square feet or 200% of the gross floor area of all the
buildings on the site when the principal building was built, before 1980) ; and
There will be no substantial adverse impact upon nearby properties.
Article 7. - District-specific Regulations, Section 7-101. - Regulations,
tables, etc. , Table 7-6, Note 13.
Old Stock Housing. The ZBA may issue a special exception to authorize
projection of buildings and attached structures into a side yard, rear yard or
an SF Bufferyard, if the ZBA determines:
The projection is reasonably necessary to preserve or protect old stock housing
as it then exists or as it may be proposed to be remodeled or expanded (up to a
total gross floor area, for all buildings on the site, that does not exceed the
greater of 3, 400 square feet or 200% of the gross floor area of all the
buildings on the site when the principal building was built, before 1980) ; and
There will be no substantial adverse impact upon nearby properties.
Section 12-103 (e) (2) . - Losing PNC Status.
a) Degree of nonconformity increased. A PNC item loses PNC status to the
extent that the degree of nonconformity is increased (or to the extent
that the non-conforming area is expanded) .
2) If a principal building in a SF District acquired PNC status on an
effective date because of a non-conformity with a new side setback
or side yard requirement on one side of the building site, the
building does not lose its PNC status with respect to that
specific nonconformity (on that same side of the building site) if
the nonconformity is expanded or increased as a result of a
remodeling project and the gross floor area of the principal
building has not increased to 200 percent or more of its gross
floor area on the given effective date. A principal building so
remodeled has the same PNC status as the original building with
respect to the side setback or yard requirement on the same side
of the building site where the original nonconformity was located,
but this does not apply to any new nonconformity (on the other
side or elsewhere) .
7.3