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HomeMy WebLinkAbout12162004 ZBA Minutes, City of ~est U~iyersity P1ace ~ A Neighborhood City ~ R~~~ ~~ ZOIVING BOARD OF ADJUSTMENT COUNCIL CHAMBERS, MUNICIPAL BUILDING 3800 UNIVERSITY BOULEVARD MEETING MINUTES December 16, 2004 6:30 p.m. I. MEMBERS PRESENT: Mark Plagens (voting), Dick Yehle (voting), Jeann Howse (voting), James Jordan (voting), Bill Richardson (voting), John Grabowski and Michael Silver n MEMBERS ABSENT: Richard Wilson and John Rentz III. STAFF PRESENT: Neslihan Tesno, City Planner and Sallye A. Clark, Planning Assistant N• CALL TO ORDER: 6:35 p.m. Agenda Item Discussion Action ~ • 1 Call the meeting to order and Protocol. Notices, Rules, Etc. ~ Mark Plagens called the meeting to order at 6:35 p.m. Mark Plagens asked all members and staff to introduce themselves. Sallye A. Clark, Planning Assistant stated all notices were posted as required by city and state law. Bill Richardson is the voting alternate. Swearing in of witnesses. James Jordan moved to accept that all notices had been properly posted and~ distributed for this meeting. Jeann Howse 2nd. Mark Plagens, Dick Yehle, Jeann Howse, James Jordan and Bill Richardson voted aye. Motion passed. Mark Plagens administered the oath to all witnesses. 2 Public Aearing of Nes Tesno, City Planner, gave a brief overview of Bill Richardson made a motion to close Docket 04-18 Docket 04-18 as follows: Table 7-6 Projection the evidentiary portion of the hearing. (Variance). Request for Schedule states that a driveway can only project Motion was 2°a by Jeann Howse. Mark a variance at 3826 into the side yard if it is six inches or less above Plagens, Dick Yehle, Jeann Howse, Oberlin Street to allow the base elevation. The garage was built above the 7ames Jordan and Bill Richardson placement of the base elevation because this building site is in the voted aye. Motion passed. driveway to be over 6" proposed 100-year flood plain. Currently the new After discussion, Jeann Howse moved above base elevation in FEMA flood plain maps of the Houston area are in to grant the variance at 3826 Oberlin side yard. {Article 7, the final stages of the approval process. TSARP Street to allow placement of the Table 7-6, Projections (Tropical Storm Allison Recovery Project) driveway to be over 6" above base Schedule, page ii, gathered flood data of the area and has created a elevation in side yard with the Ground level and proposed map with base flood elevation data. following conditions: The engineered underground items} FEMA has recommended municipalities in the drainage plan take into consideration Houston area to accept the temporary rnaps with the height of the driveway to prevent base flood elevation data and to build accordingly. any water runoff on to neighboring Cucrent regulations require building at or above properties and add one additional catch the base flood plain elevations. The garage basin along west side of driveway. foundation was elevated to reduce the chance of Motion was 2"d by Bill Richardson. flooding using this data. Mark Plagens, Dick Yehle, Jeann The a licant was unaware that drivewa hei ht is 3800 University Boulevard • West University Place, Texas 77005-2899 • 713•668•4441 ~ www.westu.org Zoning Board of Adjustment Minutes ~Decem~ier 16, 2004 Meeting C~ • • limited in the side yard until after the garage was Howse, James Jordan and Bill built. To get access to the existing garage the Richardson voted aye. Motion driveway will be taller than the maximum 6" passed. Variance granted. allowed in the side yard. The driveway will range from 24" (at the garage) to 0" (at the sidewalk) above the base elevation of that lot. The applicant believes that the cunent flood conditions and the proposed new flood plain map present an unnecessary hardship. Mike Hughes, Terramazk Homes gave a presentation of the variance request and presented pictures. He stated that he was requesting a variance to construct a driveway in excess of 6" above base elevation. He explained that he would be containing all run off water to 3826 Oberlin. Furthermore, he would be placing an area drain in the west neighbor's yard in an effort to address neighboring concerns, not in anticipation of a problem. Mr. Hughes stated that 3826 Oberlin is the first house to be constructed within the new and proposed TSARP flood plain. Mr. Hughes presented a drawing to illus~trate the part of the driveway which requires the variance. He stated that the part of Oberlin Street in question is 2.5 feet below the crown of Weslayan Street, therefore 3826 Oberlin and sunounding properties are in a hole. Sallye Clark, Planning Assistant stated that there = was correspondence received in opposition of the variance request from 7anice Hartrick, 3836 Oberlin Street. No correspondence was received in favor of the request. Drew Morris, 3826 Oberlin handed out copies of the Drainage Study, Priority Area 2, dated December 2001 by Claunch and Miller, Inc. (CMI Job #01-48) and spoke in favor of the variance request. Munay Nadler, 3823 Oberlin, spoke in opposition of the request in agreement with Janice Hartrick's letter. Horst Paul, 383G Oberlin spoke in opposition of the request concerned about property flooding. Lynn Boyd, 3830 Oberlin spoke in opposition of the request. Donna Alexander, 3820 Oberlin is concerned about drainage and flooding and requested that a study be done. Nes Tesno, City Planner presented the staff recommendation of docket 04-18 as follows: The TSARP (Tropical Storm Allison Recovery Project) data that was recently released indicates that this site will be in the new flood plain azea. The official Flood Map issued by FEMA will not be officially adopted until next year. Current practices require that foundations in this type of flood lain be 18" at least above the flood lain Zoning Board of Adjustment Minutes ~December 16, 2004 Meeting • • ~J elevation. The City is recommending all foundations installed in these areas meet those regulations (it cannot be regulated unril the new map is officially adopted by FEMA and the Flood Control District). The Building & Standard Commission is currently working on new city regulations for height requirements for foundations. Staff believes that ZBA could consider the flood plain data and regulations a hardship for the purposes of this variance request. Therefore, staff finds that the ZBA has the authority to grant this variance if they find that the spirit of the ordinance is preserved and is not contrary to public interest Staff recommends granting this variance with the following conditions: 1) That the engineered drainage plan take into consideration the height of the driveway to prevent any water runoff on to neighboring properties. 2) That the portion of the driveway in the side yard be limited to garage access only, no excess concrete, see attached site plan. The variance is recorded atHarris CountyProperty Records. 3 Public Hearing of Nes Tesno, City Planner, ~ave a brief overview of James Jordan made a motion to close Docket 04-19 Docket 04-19 as follows: The applicant of Docket the evidentiary portion of the hearing. (Variance). Request 04-19, 2726 Robinhood is requesring a variance to Motion was 2nd by Jeann Howse. for a variance at 2726 the Zoning Ordinance concerning Table 7-4a: Mark Plagens, Dick Yehle, Jeann Robinhood Street, to Garage Space to allow a porte-cochere and Howse, James Jordan and Bill allow porte-cochere attached co(umns to be 6 feet from the front Richardson voted aye. Motion passed. with attached columns building line. Table 7-4a, Garage Space, states After discussion, James Jordan moved to be six feet from the that a"garage doors or openings facing the front to grant the request for a variance at front building line. street line are prohibited unless; 2726 Robinhood Street, to allow porte- Article 7, Table 7- (i) the garage door is set back at cochere with attached columns to be 4a,Garage Space} least 10 feet from the front street six feet from the front building line. line, and Motion was 2"a by Dick Yehle. Mark (ii) there is only open area above the plagens, Dick Yehle, Jeann Howse, driveway for at least 7 feet James Jordan and Bill Richardson inward from the front yard and, voted aye. Motion passed. Variance (iii) any structure above the driveway ~.~ted. must be cantilevered or suspended fro the building (no special posts or vertical supports being allowed). The applicant requests a variance to allow them to leave the porte-cochere 6 feet from the front yard with supporting columns; allowing a one-foot encroaclunent into the open area required in front of garage space. The structure is already built; it was not noticed on the buildin lans when Zoning Board of Adjustment Minutes +December 16, 2004 Meeting ~ ~ • submitted for review and was only noticed upon final inspection. The applicant states that the lot dimension is 70' wide x 89' in length; one of the sliallowest lots in the city. The applicant also states that the literal compliance to the ordinance would require extensive reconstruction taking at least 90 days; the new residents wish to move in at the end of the month. The applicant states these special conditions present an unnecessary hardship. Reid Wilson, 3824 Case, attomey for the applicant; Shawn Regan, Terramark Homes and Donald Purser, 14780 Memorial Drive, Suite 215,Houston, Texas 77079, architect for Terramark Homes gave a presentation of the variance request. No correspondence was received in favor or opposition of the request. No one spoke in favor or opposition of the request. Nes Tesno, City Planner presented the staff recommendaNon of docket 04-19 as follows: Several recent court cases have required various Zoning Boazd of Adjustments to grant variances in cases of minor encroachment into setbacks that would be costly to remedy if no significant public interests are violated. The existence of the building itself is considered the hardship. Therefore Staff recommends to grant this variance due to the fact that the hardship is supported by these recent court cases, with the following condition: TJie variance is recorded at Harris County Property Records. 4 Public Hearing of Nes Tesno, City Planner, gave a brief overview of James Jordan made a motion to close Docket 04-20 Docket 04-20 as follows: The applicant of Docket the evidentiary portion of the hearing. (Variance). Request for 04-20, 5708 Buffalo Speedway is requesting a Motion was 2nd by Bill Richardson. a variance at 5708 variance to the Zoning Ordinance concerning Table Mark Plagens, Dick Yehle, Jeann Buffalo Speedway to S-1 Building Site Dimensions to allow a legal Howse, James Jordan and Bill declare the lot a legal building site with a depth of 98.5 feet. Table 5-1 Richardson voted aye. Motion passed. building site with a states that in SF-3 district that old building sites Bill Richardson wishes to recuse minimum depth of 98.5 have a minimum depth of 100 feet. This lot was himself from voting on this docket feet. {Article 5, Table originally platted as a 50 x 100 foot lot. Several item. After discussion, James 5-1, Building Site years ago after a lengthy boundary line dispute 18" Jordan made a motion to grant the Dimensions} from this lot was given to the lot behind them, variance at 5708 Buffalo Speedway to therefore making 5708 Buffalo Speedway an illegal declare the lot a legal building site lot. The city cannot grant a permit to build on this ~th a minimum depth of 98.5 feet building site. The adjacent owner is not willing to ~th the following conditions: That sell the 18" back to the applicant. The applicant was 5708 Buffalo Speedway makes unaware of the discrepancy in the dimensions due to application to the Zoning & Planning the initial survey that stated the lot was 50 x 100 Commission for a replat of the feet. Upon submitting a second survey to the city, it ro e This should be done in p p~' was discovered that the building site was only 50 x conjunction with the property to the 98.5 feet. north, but can be done ind endentl Zoning Board of Adjustment Minutes `December 16, 2004 Meeting ~ J • • The applicant requests a variance to allow this if that owner refuses. The rear yard building site be considered a legal building site, or setback is measured from the new with dimensions of 50 feet wide by 98.5 feet deep. rear property line not the old line. The applicant believes that these conditions present The variance is recorded at Harris an unnecessary hardship. Scott Selligman, property County Properiy Records. owner of 5708 Buffalo Speedway, Sterling Homes Motion was 2°d by Jeann Howse. gave a presentation of the variance request. Mark Plagens, Dick Yehle, Jeann No correspondence was received in favor or Howse and James Jordan voted aye. opposition of the request. Motion passed. Variance granted. Nancy Hau, 3209 Robinhood spoke in favor of the request. Michelle Hondros, 5712 Buffalo Speedway spoke in opposition of the request. Nes Tesno, City Planner presented the staff recommendation of docket 04-20 as follows: Staff agrees that a hardship exist for this building site. Staff does not believe that this is contrary to public interest due to the conditions set out below. Staff also believes that the spirit of the ordinance is observed. 1) That 5708 Bu~`'alo Speedway makes application to the Zoning & Planning Commission for a replat of the property. This should be done i~: conjunction with theproperty to the north, but can be done independently if that owner refuses. 2) The rear yard or setback is measured from the new rear property line not the old line. 3) The variance is recorded at Harris County Property Records. 5 Meeting Minutes. Dick Yehle made a motion to approve the minutes of the September 16, 2004 ZBA meeting as amended. Motion was 2°d by James Jordan. Mark Plagens, Dick Yehle, Jeann Howse, James Jordan and Bill Richardson voted aye. Motion passed. Minutes approved. Dick Yehle made a motion to table the November 18, 2004 minutes. Motion was 2nd by James Jordan. Mark Plagens, Dick Yehle, Jeann Howse, James Jordan and Bill Richardson voted aye. Motion passed. Minutes tabled. 6 Adjournment. James Jordan made a motion to adjourn the meeting. Motion was 2"d by Dick Zoning Board of Adjustment Minutes 'December 16, 2004 Meeting • u Yehle. Mark Plagens, Dick Yehle, Jeann Howse, James Jordan and Bill Richardson voted aye. Motion passed. 'The meering was adjourned at 8:20 .m. PASSED THIS DAY OF E S ye . Clark, ing Assistant 2005. Mazk Plage siding Officer •