HomeMy WebLinkAbout01122023 ZPC Agenda Item 3 O( 1tv of
West University
Place
3 . 3/7 Exception
TX BBG CONSULTING,INC.
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Zoning & Planning Commission
City of West University Place, Texas
3800 University Boulevard
West University Place, Texas, 77005
January 12, 2023
Honorable Mayor &
Members of the City Council
City of West University Place
3800 University Boulevard
Houston, Texas 77005
Subject : Preliminary report on the current Zoning Ordinance of the
City of West University Place, Texas ("City") relating to
the 3/7 Exception for Narrow Lots.
To the Honorable Mayor & Members of City Council :
The Zoning and Planning Commission (the "Commission") of
the City submits this, its preliminary report, having proposed
modifications to the Zoning Ordinance for the 3/7 Exception
which applies to narrow lots.
Existing Ordinance provisions for the 3/7 Exception. The
Zoning Ordinance defines side yards as the part of a building
site included in the required yard (or setback area) measured
from any side property line. For SF building sites located in
the SF-1, SF-2, or SF-3 zoning districts, the Zoning Ordinance
requires interior side yards and street side yards to be greater
than 10% of the building site width or 5 feet. For narrow lots
(lots measuring less than 55 feet in width) , the 3/7 Exception
may be applied, which permits such building sites to designate
alternate side setback areas in a form approved by the
administrative official and meeting certain criteria enumerated
in Note 2, Table 7-2 : Yards (or `setbacks' ) .
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Analysis. In pursuit of investigating the merits of the
continued existence of the narrow site "3/7" exception, the
Commission has proposed modifications to the Zoning Ordinance at
this time. The proposed modifications add greater clarity to the
existing exception verbiage and add further requirements for
building sites to be eligible for the exception. Principally, an
additional restriction was added to the exception requiring
proposed garages to be located in the rear yard, as this was
determined to be the rationale of the Commission when the
exception was originally created. To offset this additional
restriction, a special exception process was created for building
sites desiring alternate side setback areas while locating a
garage outside the rear yard.
Recommendation. Based on the review given by the Commission
regarding the 3/7 Exception, it has been recommended that
changes be made to the Zoning Ordinance at this time. This
review concluded that the narrow site "3/7" exception continues
to provide a beneficial utility to the City, but existing
provisions in the Zoning Ordinance need to be updated to ensure
that the verbiage of the exception is in line with the intent
of the Commission.
The Vote. The vote on approval of this report was as follows:
Motion to approve the report was made by Fisher.
Motion to approve the report was seconded by Wilson.
Cutrer, Mazzu, Powell, Fisher, Howard, Takashima, and Wilson voted "aye".
All members were present and there were no abstentions.
Respectfully Submitted:
ZONING AND PLANNING COMMISSION OF THE
CITY OF WEST UNIVERSITY PLACE, TEXAS
Chair, Zoning and Planning Commission
Existing Provisions within the Zoning Ordinance for the 3/7 Exception
Sec. 7-101. - Regulations, tables, etc. - Table 7-2: Yards (or `setbacks' )
Note 2 . Narrow Site "3/7" Exception. Alternate side yard areas apply to a
building site meeting all four of the following criteria: (A) The building
site is less than 55 feet wide. (B) The use is single-family (detached) use.
(C) Outside the rear yard, no main wall surface of any building is closer
than 10 feet to any main wall surface of a "prior building" on another
building site (unless there are "prior buildings" on both sides, each within
seven feet of the property line, in which case the minimum separation from a
"prior building" is eight feet) . A "prior building" is a building in
existence, under construction or covered by a current building permit when a
building permit is issued for the subsequent building. (D) The owner has
designated alternate side setback areas in a form approved by the
administrative official and in accordance with all of the following criteria:
(1) Minimum setback, interior: 3 feet. (2) Minimum setback, street side: 5
feet. (3) Minimum setbacks, both sides combined: greater of 10 feet or 20%
of the building site width. (4) On each side, the setback is uniform in width
along its entire length. See Table 7-5a regarding "alternating driveway"
rule.
Amended Provisions within the Zoning Ordinance for the 3/7 Exception
Sec. 7-101. - Regulations, tables, etc. - Table 7-2 : Yards (or `setbacks' )
Note 2 . Narrow Site "3/7" Exception. Alternate side yard areas apply to a
building site meeting all five of the following criteria :
A. The building site is less than 55 feet in width and no more than 6, 000
square feet in area .
B. The use is single-family (detached) use.
C. Outside the rear yard, no main wall surface of any building is closer
than 10 feet to any main wall surface of a `prior building' on an
adjacent building site. A `prior building' is a principal building in
existence, under construction or covered by a current building permit
when a building permit is issued for a subsequent building. A
`subsequent building' is a principal building that was permitted for
construction after an adjacent prior building was permitted, and that
is located on a building site that has a common side property line
with the adjacent prior building.
1) Exception: If there are prior buildings on both sides of a
subsequent building, each within 7 feet of the common side
property lines, the minimum separation between main wall surfaces
is 8 feet .
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D. The owner has designated alternate side setback areas in a form
approved by the administrative official and in accordance with all of
the following criteria:
1) Minimum setback, interior: 3 feet .
2) Minimum setback, street side : 5 feet.
3) Minimum setbacks, both sides combined: greater of 10 feet or 20%
of the building site width.
4) On each side, the setback is uniform in width along its entire
length. See Table 7-5a regarding "alternating driveway" rule.
E. The proposed garage shall be located in the rear yard. The ZBA may
issue or modify a special exception to locate the proposed garage
outside the rear yard if all the following criteria are met. The
special exception criteria conferred by Section 11-102 (b) shall not
be utilized when determining whether this special exception should be
granted. The scope of the decision shall be limited to criteria
enumerated below:
1) Locating the proposed garage outside the rear yard will not unduly
alter the character of the immediate neighborhood and;
2) The location will not restrict access to the principal or
neighboring properties for fire or life rescue and;
3) The proposed special exception will not cause any significant
increase in on-street parking, will not cause any substantial
traffic congestion, will not cause any substantial increase in
traffic or an unreasonable burden upon utility systems or upon
any other public facility or public service and;
4) A Protected Tree (s) that would otherwise be removed due to a
garage being constructed in the rear yard would be preserved and;
5) The submission of an approved Tree Disposition Plan and Tree
Survey by the City' s Urban Forester.
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