HomeMy WebLinkAbout09162004 ZBA Minutes-, ~ • :
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City of ~est Uni~ersity P1ace
• A Neighborhood City
~ Reeyeled Paper ZOlvING BOARD OF ADJUSTMENT
COUNCIL CHAMBERS,. MUNICIPAL BUILDING
3800 UNIVERSITY BOULEVARD
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MEETING MINUTES
September 16, 2004
6:30 p.m.
I. MEMBERS PRESENT: Mark Plagens (voting), Dick Yehle (voting), Jeann Howse (voting),
James Jordan (voting), Richard Wilson (voting), John Grabowski and
John Rentz
II. MEMBERS ABSENT: Bill Richardson and Michael Silver
III. STAFF PRESENT: Neslihan Tesno, City Planner, James Dougherty, Ciry Attorney and
Sallye A. Clark, Planning Assistant
jV. CALL TO ORDER: 6:35 p.m.
Agenda Item
Discussion
Action
1 Call the meeting to Mark Plagens called the meeting to order at 6:35 James Jordan moved to accept that all ~
order and Protocol. p.m. Mark Plagens asked all members and staff to notices had been properly posted and
Notices, Rules, Etc. introduce themselves. Sallye A. Clark, Planning distributed for this meeting. Jeann
Assistant stated all notices were posted as required Howse 2nd. Mark Plagens, Dick
. by city and state law. Yehle, Jeann Howse, James Jordan
Swearing in of witnesses. and Richard Wilson voted aye.
Burt Ballanfant, 3126 Amherst spoke first due to Motion passed. Mark Plagens
time constraints to state that he was in favor of administered the oath to all witnesses.
the school requests for docket 04-12.
The order of the agenda was changed to 4, 5, 2, 3
2 Public Hearing of Nes Tesno, City Planner, gave a brief overview of James Jordan made a motion to close
Docket 04-13 (Special Docket 04-13. Naomi (Nancy) Halas of 3824 the evidentiary portion of the hearing.
Exception). Request Northwestern gave a presentation of the variance Motion was 2"d by Dick Yehle. Mark
for a special exception at request. Nes Tesno, City Planner presented the staff Plagens, Dick Yehle, Jeann Howse,
3824 Northwestern recommendation of docket 04-13. No James Jordan and Richard Wilson
Street to extend PNC correspondence was received in favor or opposition voted aye. Motion passed.
status to allow of the request. No one spoke in favor of the request. After discussion, James Jordan moved
replacement condenser 7anice Tauten, 3820 Northwestern spoke in to grant the request for a special
unit (AC) to remain on opposition of the request. exception at 3824 Northwestern to
slab of original AC unit allow one replacement condenser unit
in side setback. Article (AC) to remain on the slab of original
12, Section 12-105. AC unit in side setback. Motion was
2"a by Jeann Howse. Mark Plagens,
Jeann Howse, James Jordan and
3800 University Boulevard • West University Place, Texas 77005-2899 • 713•668•4441 • www.westu.org
Zoniaig Beard of Adjustrnent Minutes
September 16,'1004 Meeting
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Richard Wilson voted aye. Dick
Yehle voted nay. Motion passed.
Special Exception granted.
3 Public Hearing of Nes Tesno, City Planner gave a brief overview of James Jordan made a motion to close
Docket 04-14 docket 04-14. Barbara and Steven Perlick, who the evidentiary portion of the hearing.
(Variance). Request cunently reside at 3823 Case and own 3831 Case, Motion was 2'~ by Jeann Howse.
for a variance at 3831 gave a presentation of the variance request. The Mark Plagens, Dick Yehle, Jeann
Case Street to allow the Perlick's presented 3 photos that showed flooding Howse, James Jordan and Richard
principle building to be on Case Street. Correspondence was received in Wilson voted aye. Motion passed.
a maximum of 36 feet favor of the request from Reid Wilson, 3824 Case After discussion, Dick Yehle moved to
instead of the required Street. No correspondence was received in ~t the request for a variance at 3831
35 feet. Article 7, opposition of the request. Bob Stowe, 3813 Case Case Street to allow the principle
Table 7-4b:Principal Street spoke in favor of the request. Barbara building to be a maximum of 36 feet
buildings, Height, Bzudar, resides at 3817 Byron and owns 3824 Byron instead of the required 35 feet. Motion
maximum. spoke in opposition of the request. Nes Tesno, ~,~,as 2°d by Jeann Howse. Mark
City Planner presented the staff recommendation for plagens, Dick Yehle, Jeann Howse
docket 04-14. and James Jordan voted aye. Richard
Wilson voted nay. Motion passed.
Variance granted.
4 Docket 04-05 (Special Mark Plagens, Presiding Officer stated for the record Dick Yehle made a motion to close the
Exception & that this docket was re-noticed. He also stated the evidentiary portion of the hearing.
Variance). (A) Request Special Hearing Provisions were as follows: The Motion was 2nd by James Jordan. Mark
for a special exception at ZBA has set this additional hearing to receive Plagens, Dick Yehle, Jeann Howse,
3611 University Blvd to evidence from: (1) persons who did not speak at the James Jordan and Richard Wilson
authorize the existing previous hearing on this matter and (2) persons who voted aye. Motion passed.
church and customary spoke at the previous hearing but have new evidence After discussion, Richard Wilson
ancillary uses (which to present or comments on draft documents made a motion to grant the Special
may include schools, (proposed decisions and conditions) that if there was Exception to authorize existing church
daycare, gymnasium, anyone that did not speak at the July 15, 2004 and ancillary uses proposed by staff
etc. in a single-family meeting that was affected by the re-notice. and the City Attorney (see attached)
district and to grant PNC Connie Sullivan, Chairman of the School Board for na
Motion was 2 by Dick Yehle. Mark
status for yard
' West U Methodist school, resides at 3771 Carlon plagens
Dick Yehle, Jeann Howse,
encroachments (9.5
side Street gave background information on the school ,
James Jordan and Richard Wilson
and 5' rear). {Table 7- ~thin the church. The school program has been in voted aye. Motion passed. Special
1:Uses/Special
Exceptions and Section existence since the churches founding in 1949.
~ere has been no change in the enrollment capacity Exception granted. Richard Wilson
12-102(e) Acquiring of the 252 students for more than l0 years. The made a motion to approve the Special
PNC Status/Certain licenses for the school date back to the 1980's and Exception to grant PNC status for old
Yard are renewed every year. She stated that they have encroachments into certain yard areas
Encroachments}(B) no plans to increase the enrollment capacity of the Proposed by City staff and the Ciry
Request for a variance at school. They have done several things to attempt to Attorney (see attached). Motion was
3611 University Blvd to alleviate some concerns of neighbors: 2"~ by Dick Yehle. Mark Plagens,
allow the interior side , Closed the gate on Mercer Street (only used Dick Yehle, Jeann Howse, James
yard (setback) of lot 9 to for emergency exit from the inside out). Jordan and Richard Wilson voted aye.
be 9 feet and of Lot 10 Motion passed. Special Exception
to be 13 feet. {Table 7- • Staggered the drop off and pick times to ~nted. Richard Wilson made a
2: Yards (or setbacks) alleviate traffic congestion. motion to grant the providing for
Resumption of • New landscaping on Mercer street side. additional consideration of a related
deliberations, decision, . Encouraged parents not to park on Mercer. variance as proposed by City staff and
etc. and related the Ciry Attorney (see attached) with
matters.(Public Hearing provisions on page 4 and 5 to be
Zoning Baafd of Adjustment Minutes
September 16, 2004 Meeting
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on this matter completed John Cox, 4030 Swarthmore stated he wanted to add included. Motion was 2nd by Dick
at the meeting held on to the point Connie Sullivan made about traffic on Yehle. Mark Plagens, Dick Yehle,
July 15, 2004) Special Mercer street. West U Methodist has requested to Jeann Howse, James Jordan and
Hearing Provisions: apply to the City to be able to close the east side of Richard Wilson voted aye. Motion
The ZBA has set this 6300 Mercer to avoid any traffic situations. passed.
additional hearing to ~, Cox stated that he was replying to the points
receive evidence from: from City Staff in the staffrecommendation and the
(1) persons who did not following are reasonable compromises:
speak at the previous Relocate the dumpster, submit interim drainage plan,
hearing on this matter and implement drainage plan approved by the City,
and (2) persons who all lights would be in conformance, removal of the
spoke at the previous ~,~,eather head when and if new construction would
hearing but have new take place
evidence to present or
comments on draft
Mr• Cox stated the church would request that the
documents (proposed ~~c analysis and parking condition be imposed on
decisions ~d any proposed future building.
conditions) Sallye Clark, Planning Assistant stated there were 18
letters received in favor of the request. There was no
correspondence received in opposition of the
requests.
Judith De Berardino, 3122 Georgetown spoke in
favor of the requests.
Charles Irvine, 6340 Mercer; spoke in opposition of
the requests and submitted a letter from Michael
Streitmann, 6341 Mercer in opposition of the
requests. Jo Edmunds, 6315 Mercer spoke in
opposition of the requests and submitted a letter
from Mark Brown, 6358 Mercer concerning parking
issues. Kim Angelidis, 3614 University Blvd spoke
in opposition of the requests. April Rapier, 6340
Mercer spoke in opposition of the requests. Mike
Criar, 6324 Mercer and Rose Proler, 6409 Seawanee
spoke in opposition of the requests.
Kian Ang, 6309 Mercer submitted pictures of the
parking problems and spoke in opposition of the
requests.
Diane Wylie, 6338 Mercer spoke in opposition of
the requests and presented photos that she stated
were eyesores that residents see from the West
University Methodist Church.
Sherry Irvin, 6333 Mercer stated that she would like
to see a win win situation for both the church and
neighbors.
Susan White, 6329 Mercer spoke about concerns of
the number of children attending the school and the
traffic.
Jane Schoen, 6316 Mercer stated that the church has
been a good neighbor, but she is concerned about
parlcing and the new proposed building, she hopes
that this can be peacefully solved.
Zoni~ng Boatd of Adjustment Minutes
September 16, 2004 Meeting
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Dru Neikirk, 3514 University spoke about parking
and traffic concerns.
5 Public Hearing of Doug Fyfe, 906 Birchton Drive, Sugar land, Texas James Jordan made a motion to close
Docket 04-12 (Special agent for HISD and Kathleen English, architect and the evidentiary portion of the hearing.
Exception and a resident, 2709 Albans gave a presentation of the Motion was 2"a by Jeann Howse.
Variances). Request for requests. Mark Plagens, Dick Yehle, Jeann
a special exception at John Threet, principal of West U Elementary, 14530 Howse, James Jordan and Richard
3756 University Carol Crest, spoke in support of the requests. Wilson voted aye. Motion passed.
Boulevard to allow Sallye Clark, Planning Assistant stated that eight After discussion, James Jordon made
existing school with letters were received in favor of the requests. No a motion to grant the Special
accessory uses and a correspondence was received in opposirion of the Exception to allow existing school
new addition to existing request. with accessory uses and a new addition
school in a single family
residential district (SF-
~ne Whitlock, 3763 Georgetown, West U PTO to existin school in a sin le-famil
g g y
3). The accessory uses President; Don Beckham, President of the West U residential district (SF-3) as proposed
care
are da Softball Association, 3829 Villanova; Katherine by City Staff and the City attorney.
,
y
park/playground and Shoebotham, 3780 Arnold; Cheryl Wise, 6722 (See attached). The accessory uses are
community center. Buffalo Speedway; Liz Mcguffee, 3718 day care, park/playground and
Section 7-101
Article 7 Georgetown; Kyttie Sanford, 4129 Villanova all community center. The following
,
,
Table 7-1
spoke in favor of the requests. No one spoke in conditions a 1 to this S ecial
PP Y P
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Request for the opposition of the request. to the
Exception: Attach exhibit
A
following variances at Nes Tesno presented the staffrecommendations for decision for recording, (Proposed
Parking Site Plan, Sheet Number A1-
3756 University: docket 04-12. 03.) and all permits necessary for the
To reduce off street prosecution of work shall be applied
pazking from 139 to 36 for within 180 days. Motion was 2"d by
spaces. Article 10, Richard Wilson. Mark Plagens, Dick
Section 10-100. Yehle, Jeann Howse, James Jordan
To allow parking in and Richard Wilson voted aye.
front of principle Motion passed. Special Exception
building with no granted.
penmeter fencing.
Artic1e10, Section 10-03 Variance 1: Richard Wilson made a
To allow existing motion to grant the variance to reduce
modular buildings to off street parking from 139 to 36
remain in street side spaces; using the template with the
yard. Article 7, section condition that all permits necessary for
7-101, Table 7-2 the prosecution of work shall be
To allow the existing 6- applied for within 180 days. Motion
foot high chain link was 2"~ by Jeann Howse. Mark
fence to remain at rear Plagens, Dick Yehle, Jeann Howse,
lot line (instead of 8' James Jordan and Richard Wilson
opayue fence). Article voted aye. Motion passed. Variance
8, Section 8-103 granted.
To allow existing and Variance 2: James Jordan made a
new portable buildings motion to grant the variance to allow
in the front yard. Article
parking in front of principle building
7, Section 7-101, Table with no perimeter fencing; using the
7_2
To allow existing template and attaching Exhibit "B".
d
community center by Richard Wilson.
Motion was 2"
buildin Scout House) Mark Plagens, Dick Yehle, Jeann
Zoni~g Boatd of Adjustment Minutes
September 16, 2004 Meeting
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to remain in rear yard Howse, James Jordan and Richard
and street side yard. Wilson voted aye. Motion passed.
Article 7, Section 7-101, Variance granted.
Table 7-2 Variance 3: Dick Yehle made a motion
to grant the variance to allow existing
modular buildings to remain in street
side yard, using the template and
attaching Exhibit "C". Motion was 2nd
by James Jordan. Mark Plagens, Dick
Yehle, Jeann Howse, James Jordan
and Richard Wilson voted aye.
Motion passed. Variance granted.
Variance 4: Dick Yehle made a motion
to grant the variance to allow the
existing 6-foot high chain link fence to
remain at rear lot line (instead of 8'
opaque fence), using the template.
Motion was 2"d by James Jordan.
Mark Plagens, Dick Yehle, Jeann
Howse, James Jordan and Richard
Wilson voted aye. Motion passed.
Variance granted.
Variance 5: James Jordan made a
motion to grant the variance to allow
existing and new portable buildings in
the front yard, using template and
attaching exhibit "D" with the
following conditions: the prosecution
of work shall be applied for within 180
days, when the portable buildings are
removed the related infrastructure be
removed and the fields be restored to
the current conditions within 180 days
after construction is complete.
Motion 2"~ by Jeann Howse. Mark
Plagens, Dick Yehle, Jeann Howse,
James Jordan and Richard Wilson
voted aye. Motion passed. Variance
granted.
Variance 6: Richard Wilson made a
motion to grant the variance to allow
existing community center building
(Scout House) to remain in rear yard
and street side yazd, using the template
and attaching exhibit "E". Motion was
2"~ by Jeann Howse. Mark Plagens,
Dick Yehle, Jeann Howse, James
Jordan and Richard Wilson voted aye.
Motion passed. Variance granted.
Zon~g Boatd of Adjustment Minutes
September 16, 2004 Meeting
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6 Meeting Minutes. Dick Yehle made a motion to approve
the minutes of the August 19, 2004
ZBA meeting as written. Motion was
2°d by Jean Howse. Mark Plagens,
Dick Yehle, Jeann Howse, James
Jordan and Richard Wilson voted aye.
Motion assed. Minutes a roved.
7 Adjournment. Richard Wilson made a motion to
adjourn the meeting. Motion was 2"a
by James Jordan. Mark Plagens, Dick
Yehle, Jeann Howse, James Jordan
and Richard Wilson voted aye.
Motion passed. The meeting was
ad'ourned at 10:30 .m.
Attachments: Draft decisions for docket 04-05.
Draft decisions/template for docket 04-12.
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PASSED THIS DAY OF 2004.
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Mark Plagens, siding Officer
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Form ZBA-~~dec~h.~eg ~p e~ 09~~4 ~~aminutes
~ Zoning Board of Adjustment
City of West University Place, Texas ("City")
DECISION GRANTING A SPECIAL EXCEPTION
AND PROVIDING FOR ADDITIONAL CONSIDERATION OF
A RELATED VARIANCE
Addressofbuildingsite: 3611 University Blvd. , West University Place,
Texas 77005
Legal description of the builddng site: Lot s( or t ract s) 6A, 7, 8, 9, l 0A, 10B and
11A, Block 25, West University Place Section 1(First Addition), City
of West University Place, Harris County, Texas
Applicant: Trustees, West University United Methodist Church
3611 University B1vd.,West University Place, Texas 77005
DecisionorActionRequested: (1) Special exception to authorize existing
church and ancillary uses. (2) Variance to allow reduced yards (or
"setbacks") for a proposed new building.
Briefing, Notice, Hearing, Fi~zdings, Vote:
•(^) Notices of pre-application briefing were given.
(^) Pre-application briefing was held on June 2 9, 2 0 0 4
(^) Noticeofhearingwasgivenby: regular and certified mail (to nearby
property owners) and by posting on site, for both July 15 and
September 16 hearings.
(^) Hearing was held on July 15, 2004 ; supplemental hearing held on
September 16, 2004 .
(^) Required determinations have been made by the ZBA as follows: (i ) the proposed
special exception will not cause any significant increase in on-
street parking; (ii) the proposed special exception will not
cause any substantial traffic congestion; (iii) the proposed
special exception will not cause any substantial increase in
traffic; (iv) the proposed special exception will not cause an
unreasonable burden upon utility systems or upon any other
public facility or public service; (v) the proposed special
exception is consistent with--and in harmony with-- the general
purpose and intent of the Zoning Ordinance.
• SPEC/AL EXCEPTION, Page 1
•
(^) Additional findin s and determinations (if any) have been made, as follows: Each of the
~~~~~~~~e~"~a~~B~'t~~es, as specified and limited by this
decision, is: (i) subordinate and incidental to a lawful
principal building and use on the same building site (church
use), and (ii) necessary or convenient for a lawful principal
use of such building (church use).
(^) The vote was: for, against this decision.
Decision of the Zoning Board of Adjarstme~:t gra~:ting special exception (subject to all applicable
appeals): Under and subject to the City's Zoning Ordinance and applicable law, a special exception as
specifically allowed by (identify the exact provision) Table 7-1 ("Uses" ), including
Note 3 of the Zoning Ordinance, is issued for the site identified above subject to the following:
(1) SCOPE OF SPECIAL EXCEPTION
(a) Existing. Initially, this special exception
authorizes: (i) the existing church use of the
building site and structures shown on the attached
sketch labeled "Exhibit A," and (ii) the existing
accessory uses and accessory buildings specified and
limited in Exhibit A.
•
(b) Proposed. If a variance is issued for the proposed 2-
story building shown on the attached sketch labeled
"Exhibit B," this special exception authorizes: (i)
church use of the building site and structures shown
on the attached sketch labeled "Exhibit B," and (ii)
the accessory uses and accessory buildings specified
and limited in Exhibit B.
(2) CONDITIONS. This special exception is subject to the
following conditions:
(a) Within 90 days following the effective date of this
decision:
(i) the existing dumpster must be relocated in
compliance with applicable regulations; and
(ii) the applicant must submit, for review and
approval of the building official, an interim drainage
plan describing drainage measures that can be
implemented reasonably quickly (and at modest cost) to
mitigate the swampy conditions along the eastern
property line of the building site.
• SPECIAL EXCEPTION, Page 2
(b) Within 180 days following the effective date of this
Attachment to~l~~q~~$A minutes
• (i) the applicant must implement the interim drainage
plan approved by the building official (described
above) and maintain it in effect thereafter while this
special exception is in effect; and
(ii) the applicant must submit, for review and
approval of the building official, a traffic and
parking analysis by a traffic engineer (or other
qualified professional) including within its scope the
following:
--- Results and data obtained from the City's on-
going traffic study, particularly regarding
parking regulations along Mercer Street, together
with any comments or recommendations on behalf of
the applicant.
--- Dimensions of emergency accessways, parking
spaces, walkways, driveways, maneuvering areas,
loading space, etc. and certification as to
whether they comply with the detailed
requirements of the Zoning Ordinance. If any of
them does not, the report should indicate whether
an additional application to the ZBA will be
• -__ forthcoming to address those requirements.
A proposed pedestrian and vehicle circulation
plan for weekday operations, including day-care
dropoff and pickup; and
(iii) All lights on the building site must be
constructed or modified so that the bulb or light
source is not visible from eyelevel at any point on
any of the residential property across the eastern
property line of the building site, and they shall be
thereafter maintained in that condition while this
special exception is in effect.
(c) Within 270 days following the effective date of this
decision: •
(i)the applicant must either install or provide all
emergency accessways, parking spaces, walkways,
driveways, maneuvering areas, loading space, etc.
required by the Zoning Ordinance or submit an
additional application to the ZBA to address those
requirements; and
~ SPECIAL EXCEPTION, Page 3
ii) the applicant must implement the pedestrian and
Attachment to~~~~~1~Z~~~~on plan for weekday operations,
including day-care dropoff and pickup, as approved by
~ the building official, and thereafter maintain it in
effect while this special exception is in effect.
(d) This special exception must be recorded in the Harris
County.Real Property records. The fee must be paid by
the applicant.
(3) BUILDING OFFICIAL; SUBMISSIONS TO BOARD. The building
official is requested to keep the ZBA informed about
compliance with these conditions. Should any of these
conditions not be fulfilled, the building official is
requested to take appropriate action and submit the matter
to the ZBA for further review and action.
THIS SPECIAL EXCEPTION APPLIES ONLY TO THE SPECIFIC USES AND STRUCTURES
DEFINED ABOVE. IT DOES NOT APPLY TO ANY OTHER ASPECT, USE OR PART OF THE
SITE OR STRUCTURE IN QUESTION, NOR DOES IT APPLY TO ANY OTHER ACTNITY, SITE
OR STRUCTURE.
TO OBTAIN A SPECIAL EXCEPTION FOR ANY OTHER ITEM REQUIRES SEPARATE
APPLICATION, NOTICE, HEARING, PROOF AND BOARD FINDINGS. NOTHING IN THIS
• SPECIAL EXCEPTION IMPLIES THAT ANY SUCH FINDINGS WOULD OR WOULD NOT BE
MADE BY THE BOARD.
THIS SPECIAL EXCEPTION REMAINS SUBJECT TO THE REGULATORY NRISDICTION OF
THE CITY. IT MAY BE AMENDED OR REVOKED. THIS SPECIAL EXCEPTION GRANTS NO
PROPERTY RIGHT OR VESTED RIGHT OF ANY KIND.
OtherProvisions: The following provisions apply to the pending request
for a variance for the proposed 2-story building shown on Exhibit B:
(1) The applicant is requested to provide to the building official:
(a) a proposed permanent drainage plan for the building site
(taking into account the proposed 2-story building) that
meets the City's current drainage requirements, but also
including provisions to prevent any drainage from the
building site across the eastern property line, assuming a
10-year rainfall frequency event (using TxDOT criteria),
which permanent drainage plan would be implemented as part
of the construction of the proposed 2-story building (in
addition to or in lieu of the interim drainage plan
mentioned above);
(b) a proposed plan to relocate or otherwise address the
existing large, metal "weatherhead" (now located on the
~ SPECIAL EXCEPTION, Page 4
eastern roperty line of the building site), as part of the
Attach~~~-~~10~~~ ~~te~roposed 2-story building;
(c) a traffic and parking analysis by a traffic engineer (or
~ other qualified professional) describing any changes to
emergency accessways, parking spaces, walkways, driveways,
maneuvering areas, loading space, etc. (or the weekday
pedestrian and vehicle circulation plan) that may be
necessary to accommodate the proposed 2-story building.
(2) Pending receipt of the items described above, the variance
request will be carried as a pending matter on the ZBA's. docket.
After the items are received, the City staff is requested to
designate a supplemental hearing date before the ZBA and issue
appropriate notices.
(3) After the supplemental hearing, the ZBA will resume its
deliberations and make its decision on the variance.
(4) Notwithstanding anything listed above, the applicant has the
right to request the ZBA to make a decision at any time. Any
such request should be submitted in writing, and it should
indicate whether the applicant desires to submit the items
described above and have a supplemental hearing (or not).
(5) To the extent necessary to accommodate the proceedings described
above, the ZBA's normal rules of procedure are suspended.
Effective Date & Appeals: Subject to any applicable appeals, this decision takes effect on the date it is
filed in the Board's office (c/o Secretary of the Zoning Board of Adjustment, 3826 Amherst, West
• University Place, Texas 77005), unless otherwise indicated above. Any appeals of this decision are
subject to and governed by applicable ordinances and laws, including: the Zoning Ordinance and
Chapter 211, Tex. Local Government Code. Under Chapter 211, petitions for judicial review must be
presented within 10 days after the date this decision is filed in the Board's office.
By: Attest:
Chairman, For the Zoning Board of Adjustment
Filed in the Board's office on , and copies mailed (see mailing list
attached) on , By:
~ SPECIAL EXCEPTION, Page 5
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Attachment to 09-16-04 ZBA minutes
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' WEST UNIVERSITY
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UNIVERSITY B~ULEVARD ~...=
Accessory uses and structures:
Church-provided day care and pre-school (not including kindergarten), limited to 185 pupils and 6,912
square feet of building space (plus part-time use of the 6,857-square-foot gymnasium).
() Church-sponsored athletic activities, limited to part-time use of the 6,857-square-foot gymnasium.
(3) Structures as shown, but subject to the conditions imposed by special exception.
EXHIBIT A
(Page 1 of 1 total pages)
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'' ` i Attachment to 09-16-04 ZBA minutes
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' UNIVERSITY BOULCJLAFi'~ ~~
Accessory uses and structures (with proposed 2-story building):
(1) Church-provided day care and pre-school (not including kindergarten), limited to 185 pupils and 8,562
square feet of building space (plus part-time use of the 6,857-square-foot gymnasium).
~) Church-sponsored athletic activities, limited to part-time use of the 6,857-square-foot gymnasium.
(3) Structures as shown, but subject to the conditions imposed by special exception.
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EXHIBIT B
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Attachment to 09-16-04 ZBA minutes
Form ZBA-203 dec granting sp excep, PNC under 12-102(e)
~ Zoning Board of Adjustment
City of West University Place, Texas ("City")
DECISION TO GRANT A SPECIAL EXCEPTION
(PNC STATUS FOR YARD ENCROACHMENT UNDER SECTION 12-102)
Addressofbuildingsite: 3611 University Blvd., West University Place,
Texas 77005
Legal description of the building site: Lots (or tracts ) 6A, 7, 8, 9, 10A, l OB and
11A, Block 25, West University Place Section 1(First Addition), City
of West University Place, Harris County, Texas
Applicant: Trustees, West University United Methodist Church
3611 University B1vd.,West University Place, Texas 77005
Decision orAction Requested: Special exception to grant PNC status for old
encroachments into certain yard areas.
Notice, Hearing, Findi~tgs, Vote:
(^) Notice ofhearing was given by: regular and certified mail (to nearby _
property owners) and by posting on site (both hearings) .
~(^) Hearing was held on July 15, 2004 ; supplemental hearing held
September 16, 2004.
( ~) Required deternunations have been made by the ZBA as follows: (i ) the proposed
special exception will not cause any significant increase in on-
street parking; (ii) the proposed special exception will not
cause any substantial traffic congestion; (iii) the proposed
special exception will not cause any substantial inc'rease in
traffic; (iv) the proposed special exception will not cause an
unreasonable burden upon utility systems or upon any other
public facility or public service; (v) the proposed special
exception is consistent with--and in harmony with-- the general
purpose and intent of the Zoning Ordinance.
(^) Additional findings (if any): ( i) The encroachments commenced before 1970
(so no findings about inadvertency, misrepresentation, etc. are
required), (ii) The encroachments will not cause a substantial
adverse effect on other persons. (iii) The encroachments do not
create a significant health or safety risk.
(^) The vote was: for, against this decision.
Decision of the Zo~ing Board of Adjustment (subject to all applicable appeals): Under and subject to
the City's Zoning Ordinance and applicable law, a special exception as specifically allowed by (identify
the exact provision) Sect ion 12 -102 ( e) of the Zoning Ordinance, is issued for the
~ site identified above subject to the following:
Attachment to 09-16-04 ZBA minutes
(1) This special exception only applies to the following "PNC
• item": the existing building encroachments into certain
yard areas, as marked on the attached "Site Plan."
(3) Such encroachments are hereby granted PNC status, subject
to all provisions of the Zoning Ordinance.
THIS SPECIAL EXCEPTION APPLIES ONLY TO THE SPECIFIC PNC `ITEM' DEFINED ABOVE.
IT DOES NOT APPLY TO ANY OTHER ASPECT, USE OR PART OF THE SITE OR STRUCTURE
IN QUESTION, NOR DOES IT APPLY TO ANY OTHER ACTNITY, SITE OR STRUCTURE.
TO OBTAIN PNC STATUS FOR ANY OTHER ITEM REQUIlZES SEPARATE APPLICATION,
NOTICE, HEARING, PROOF AND BOARD FINDINGS. NOTHING IN THIS SPECIAL
EXCEPTIONS IlVIPLIES THAT ANY SUCH FINDINGS WOULD OR WOULD NOT BE MADE BY
THE BOARD.
THIS SPECIAL EXCEPTION REMAINS SUBJECT TO THE REGULATORY NRISDICTION OF
THE CITY. IT MAY BE AMENDED OR REVOKED. THIS SPECIAL EXCEPTION GRANTS NO
PROPERTY RIGHT OR VESTED RIGHT OF ANY KIND.
Effective Date & Appeals: Subject to any applicable appeals, this decision takes effect on the date it is
filed in the Board's office (c/o Secretary of the Zoning Board of Adjustment, 3826 Amherst, West
University Place, Texas 77005), unless otherwise indicated above. Any appeals of this decision are
subject to and governed by applicable ordinances and laws, including: the Zoning Ordinance and
Chapter 211, Tex. Local Government Code. Under Chapter 211, petitions for judicial review must be
• presented within 10 days after the date this decision is filed in the Board's office.
By.•
Chairman, For the Zoning Board of Adjustment
Attest:
Filed in the Board's of, jice on , and copies mailed (see mailing list
attached) on , , By:
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:,~ Attachment to 09-16-04 ZBA minutes
WEST UNIVERSITY ~'-' ~
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CHURCH ~ ~
E7(ISfiNC SITE PUW SGLE 1'~50'-d ~
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IN FUTURE OEVELOPMENT ~ ~{' ~
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Yard encroachments 4~_q~~ - ~~~'~ ^~ ~'~~~~~ ;' ~'~ 3
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UNIVERSITY BOULEVARD
Site Plan
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Form ZBA-~D~3t~chme g sp o 09 ~~04 ZBA minutes
~ Zoning Board of Adjustment
City of West University Place, Texas ("City")
DECIS~ON GRANTING A SPECIAL EXCEPTION
(PUBLIC SCHOOL USE)
Address of buildingsite: 3756 University Blvd. , West University Place,
Texas 77005
Legaldescriptionofthebui/dingsite: 13.09 acres, West University School Site,
A. C. Reynolds Survey, Abstract 61, generally bounded by University
Blvd., Edloe Street, Auden Avenue and Pershing Place, City of West
University Place, Harris County, Texas, as more completely described
in Exhibit B.
Applicant: Houston Independent School District
DecisionorActionRequesterl: Special exception to authorize public school
with accessory uses.
Briefing, Notice, Hearing, Findings, Vote:
~(^) Notices of pre-application briefing were given.
(^) Pre-application briefing was held on
(^) Notice of hearing was given by:
(^) Hearing was held on September 16, 2004 .
(^) Required determinations have been made by the ZBA as follows: (i ) the proposed
special exception will not cause any significant increase in on-
street parking; (ii) the proposed special exception will not
cause any substantial traffic congestion; (iii) the proposed
special exception will not cause any substantial increase in
traffic; (iv) the proposed special exception will not cause an
unreasonable burden upon utility systems or upon any other
public facility or public service; (v) the proposed special
exception is consistent with--and in harmony with-- the general
purpose and intent of the Zoning Ordinance.
(^) Additional findings and determinations (if any) have been made, as follows: Each of the
accessory uses and structures, as specified and limited by this
decision, is: (i) subordinate and incidental to a lawful
~ principal building and use on the same building site, and (ii)
SPECIAL EXCEPT/ON, Page 1
necessary or convenient for a lawful principal use of such
~t~aYe~~~t to 09-16-04 ZBA minutes
~
(^) The vote was: for, against this decision.
Decision of the Zoning Board of Adjustment granti~:g special exception (s[~bject to n[l. app/icab/e
appeals): Under and subject to the City's Zoning Ordinance and applicable law, a special exception as
specifically allowed by (identify lhe exactprovision) Table 7-1 ("Uses") , including
Note 3 of the Zoning Ordinance, is issued for the site identified above subject to the following:
(1) SCOPE OF SPECIAL EXCEPTION
(a) Existing. Initially, this special exception
authorizes: (i) the existing public school use of the
building site and existing structures, (ii) the
existing accessory uses (child care and park,
playground and community center) and existing
accessory buildings.
(b) During Construction. During construction, this
special exception also authorizes public school use of
temporary buildings on the same site, to the extent
allowed by other City ordinances.
i~
(c) Proposed. After construction, this special exception
authorizes: (i) public school use of the building site
and both the existing and proposed structures shown on
the attached drawing labeled "Exhibit A," and (ii) the
accessory uses and accessory buildings specified and
limited in Exhibit A.
(2) CONDITIONS. This special exception is subject to the
following conditions:
(a) This special exception applies only to the "use"
regulations Table 7-1 of the Zoning Ordinance. It
does not apply to or affect: (a) other requirements
(such as, for example, regulations of portable
buildings and other structures under Chapter 6 of the
Code of Ordinances, or any other provisions of the
Zoning Ordinance), or (b) property rights of the City
or other persons or entities (including, for example,
City property and easements). The applicant must
separately apply for and receive appropriate
permissions from the City Council, or other bodies
that may have authority to act on such requirements.
(b) This special exception should be recorded in the
~ Harris County Real Property records.
SPEC/AL EXCEPT/ON, Page 2
Attachment to 09-16-04 ZBA minutes
THIS SPECIAL EXCEPTION APPLIES ONLY TO THE SPECIFIC USES AND STRUCTURES
~ DEFINED ABOVE. iT DOES NOT A:PPLY TO ANY OTHER ASPECT, USE OR :PART OF THE
SITE OR STRUCTURE IN QUESTION, NOR DOES IT APPLY TO ANY OTHER ACTIVITY, SITE
OR STRUCTURE.
TO OBTAIN A SPECIAL. EXCEPTION FOR ANY OTHER ITEM REQUIRES SEPARATE
APPLICATION, NOTICE, HEARING, PROOF AND BOARD FINDINGS. NOTHING IN THIS
SPECIAL EXCEPTION IMPLIES THAT ANY SUCH FINDINGS WOULD OR WOULD NOT BE
MADE BY THE BOARD.
~ By
THIS SPECIAL EXCEPTION REMAINS SUBJECT TO THE REGULATORY NRISDICTION OF
THE CITY. IT MAY BE AMENDED OR REVOKED. THIS SPEC~AL EXCEPTION GRANTS NO
PROPERTY RIGHT OR VESTED RIGHT OF ANY K1ND.
Ot/:erProvisions: The ZBA urges the applicant to consider platting the
building site to resolve easement and boundary issues.
Effective Date & Appeals: Subject to any applicable appeals, this decision takes effect on the date it is
filed in the Board's office (c/o Secretary of the Zoning Board of Adjustment, 3826 Amherst, West
University Place, Texas 77005), unless otherwise indicated above. Any appeals of this decision are
subject to and governed by applicable ordinances and laws, including: the Zoning Ordinance and
Chapter 211, Tex. Local Government Code. Under Chapter 211, petitions for judicial review must be
presented within 10 days after the date this decision is filed in the Board's office.
Attest:
Chairman, For the Zoning Board of Adjustment
Filed in the Board's o~ce on
attached) on , , By:
, arrd copies mailed (see mailing list
~ SPEC/AL EXCEPT/ON, Page 3
Attachment to 09-16-04 ZBA minutes
Form ZON-201 dec granting variance, HISD
~ Zoning Board of Adjustment
City of West University Place, Texas ("City")
DECISION GRANTING A VARIANCE
(WEST UNIVERSITY ELEMENTARY SCHOOL SITE)
Addressofbuildi~:gsite: 3756 University Blvd., West University Place,
Texas 77005
Legal description oftl:ebuildingsite: 13 . 09 acres, West University School Site,
A. C. Reynolds Survey, Abstract 61, generally bounded by University
Blvd., Edloe Street, Auden Avenue and Pershing Place, City of West
University Place, Harris County, Texas, as more completely described
in Exhibit B.
Applicant: Houston Independent School District
Decision or Action Requested:
Notice, Hearing, Determinations, Vote:
( 0) Notice of hearing was given by:
(^) Hearing was held on September 16, 2004 .
~(^) Required determinations have been made by the ZBA as follows: (i ) due to special
conditions, a literal enforcement of the Zoning Ordinance provision
identified below would result in unnecessary hardship, (ii) by
granting this variance, the spirit of the ordinance is observed and
substantial justice is done, and (iii) this variance is not contrary
to publ ic interest . () Additional findings and determinations (if any) have been
made, as follows:
(^) The vote was: for, against this decision.
Decision of tl:e Zonii:g Board of Adjustment granting variance (subject to all app[icable appeals):
Under and subject to the City's Zoning Ordinance and applicable law, a variance from (identify the exact
provision) of the Zoning Ordinance is
granted for the site identified above subject to the following:
~ VAR/ANCE, Page 1
Attachment to 09-16-04 ZBA minutes
This decision applies only to Zoning Ordinance provision
• identified above. It does not apply to or affect: (a) other
requirements (such as, for example, regulations of portable
buildings and other structures under Chapter 6 of the Code of
Ordinances, or any other provisions of the Zoning Ordinance), or
(b) property rights of the City or other persons or entities
(including, for example, City property and easements). The
applicant must separately apply for and receive appropriate
permissions from the City Council, or other bodies that may have
authority to act on such requirements.
This decision should be recorded in the Harris County Real
Property records.
THIS DECISION APPLIES ONLY TO THE SPECIFIC ITEMS DEFINED ABOVE. IT DOES NOT
APPLY TO ANY OTHER ASPECT, USE OR PART OF THE SITE OR STRUCTURE 1N
QUESTION, NOR DOES IT APPLY TO ANY OTHER ACTNITY, SITE OR STRUCTURE.
TO OBTAIN A RULING FOR ANY OTHER ITEM REQUIRES SEPARATE APPLICATION,
NOTICE, HEARING, PROOF AND BOARD FINDINGS. NOTHING IN THIS DECISION IlVIPLIES
THAT ANY SUCH FINDINGS WOULD OR WOULD NOT BE MADE BY THE BOARD.
~ THIS VARIANCE REMAINS SUBJECT TO THE REGULATORY JURISDICTION OF THE CITY.
IT MAY BE AMENDED OR REVOKED. THIS DECISION GRANTS NO PROPERTY RIGHT OR
VESTED RIGHT OF ANY KIND.
OtherProvisioi:s: This variance is for an indefinite period unless a
temporary period is indicated above.
The ZBA urges the applicant to consider platting the
building site to resolve easement and boundary issues.
Effective Date & Appeals: Subject to any applicable appeals, this decision takes effect on the date it is
filed in the Board's office (c/o Secretary of the Zoning Board of Adjustment, 3826 Amherst, West
University Place, Texas 77005), unless otherwise indicated above. Any appeals of this decision are
subject to and governed by applicable ordinances and laws, including: the Zoning Ordinance and
Chapter 211, Tex. Local Government Code. Under Chapter 211, petitions for judicial review must be
presented within 10 days after the date this decision is filed in the Board's office.
By:
Chairman, For the Zoning Board of Adjustment
Filed in the Board's office on
~ attached) on
~ By~
Attest:
, and copies mailed (see mailing list
VARIANCE, Page 2