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HomeMy WebLinkAbout04062023 ZPC Agenda Item 3 Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard West University Place, Texas, 77005 April 13, 2023 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 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 final 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 are to be the greater of 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' ) . 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: Cutrer, Mazzu, Fisher, Howard, Takashima, and Powell voted "aye". Wilson voted "nay". 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 . 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; 2) The location will not restrict access to the principal or neighboring properties for fire or life rescue; 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; 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 a Tree Disposition Plan and Tree Survey approved by the City' s Urban Forester.