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HomeMy WebLinkAbout09162004 ZBA Minutes-, ~ • : ' City of ~est Uni~ersity P1ace • A Neighborhood City ~ Reeyeled Paper ZOlvING BOARD OF ADJUSTMENT COUNCIL CHAMBERS,. MUNICIPAL BUILDING 3800 UNIVERSITY BOULEVARD L J • 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 • • • 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 . C~ • 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 ~ ~ ~ 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 " " . 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 • • • 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 • 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. • PASSED THIS DAY OF 2004. I ~ Mark Plagens, siding Officer • 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 9 ,, , Attachment to 09-16-04 ZBA minutes ; ~ . ~ , ' WEST UNIVERSITY ~ ~'-' '~\~\ \~ ~ , UNITED METHODIST i CHURCH ~ ~ EXISTING StTE PUN SGLE 1°~54'-~ ~ 1 _..,:;;,::.,, ~ DEMO EXISTINC BUILDING ~ ~ ~ ~..:. , ~ EXI511NG GAS C MP I R GULATOR ST ON \~ ~ PROPEF7TY LINE 1~_ 1. _ r I p~y~a~~!•~sr ,:~;~~t~"*~'a• ~ I Irl: :~• ~ r_py«~"~.a•l.' %' '+" ~ i I I ' ` ' ~" ' { ~ - EXISTING BUILDINGS ~ ~:~i R. •' ~ • ;, ~ ~' _ .~ ~ •• ;. , ;:F~~STING~r<~~ ,:~ ~ ~ BWILDII~G•~-E'~ . TO 8E DEMOUSHED IN FUTURE DEVELOPMENT ~ , • 1d'k,.:ti. ;; = • ',_~~~_/~ ~"'~~•'~'~ ~ . I~J;I !ti. V 1 4'-9" ~'r . ~:t.`,~ `.9"~~'a~'--~"'r~,,.'''•'•`1~ ~Y`;'~ ~':~'.:'t. . G * ~ p " ~ ='•3, , 1 ~ . -,, i: . I. rT €~XISTIN r Y' ~ = BUI~D~ G:~,~C+~~:~~.~' . ~ L?. ~; a,t 'i ~ ~1i~~~:ti'Ii4 1.:.•~~~ ~A Y ~ ""' '' ~ f ~• - ~ y ~R f ~ F. ~' ~~~a::~+';..i'}'.J~ 1•~5}.•'•. ~i.'ll/~ ' '~ K ~ j ~~ ~ ~ 2 l ' .~ . . . . I ~I jcouRnra~o . I ~ y O i ~ I i ~ g ~ ' I I ~ I I I> J I ~ I O _ ~ ~ BUILDING_F" ~ H _ . . . _ . _ , _ Z I I . ~ ~ D(I ING ~ ~ BUI G 'A" (SAN UARY) ~ I ~ O ~ . O ~ I ~ ~ I I I IL ING ' I I Z I ~ ~ O I I . ~ I ~ ( N I ~ ~ ~ - - - Q . ~ . . 2 l ~ 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) i ~ , • ' . ' • ~~ i , .. ~ ' . . . , '' ` i Attachment to 09-16-04 ZBA minutes .. , ~ ~ WEST UNIVERSITY ~ " ;~ ~ U N ITE ~ ~~~~\ \~~ ; D METHODIST ~ ~ ~ CHURCH ' SlTE PUW SC+ILE: 1'~50'-d' s ''=" '~ PROPOSED DEVELOPMENT AREA ~ ~ : 1 ^b -~.~r':yl •: ~ PROPER7Y UNE . ( a 1r,~;r.; ~A~! •: r~N • .~;a;rx" ., ~~' ~ 1 13'-D' ~ ~ ~• ~~~~ , ~ ;~'' ~' t I . .~;, I.S :n . ~ v; ;~ 4~: rt . : .~ ' ~ .l.:~ .,4 v~~" . ' r tY ~ 0 ~~$~~ ~~~ ',•Y~ U" I~DI~J,,, ~ ~ : .,.. ~ x ~~~ ' ~"~:~ ~; • g}~ . ~. ._ ~ ~6 ~~ ' r ~f~ T~ 1 . . d.~, •.t . w , ~ .+~~~ 'u „+r.•, ' , ' ~1 R, " „G..f; ~'}W~' ~ ~~~~ !. ~ 1. IyJ.~, r'•t ~y~~.. • I 1 . i.9.y ~!~~''~ .l YS~~ r^ ~.ti-.,i`~y ~~ I . .. I I g r~r •!~:'.; :LS .~{1~~'::~4~. .F;.,. i ~ . _. , ••e ,_, : } - couRnrnR ~ ~ , ~ ~. ~ ~ ii~. - • ~ • - • ~I~ -I ~ - BUILDING_F" . _ . ~ A` ~ 'Y) ~ _ E~r~c ° i _ I _ ~,. , _ ....,..t._ _ a ' 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. 0 ~ ~ 0 ~ F-- Z O U 0 O O J ~ ~ Z ~ O U ~ ~ ~ Q 2 EXHIBIT B /D~n~ 4 ..4 ~ ~..~..I ., \ :i . 'r:i ~i: „' I ~V~ / 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: ~ ~. ~ , ,. :,~ Attachment to 09-16-04 ZBA minutes WEST UNIVERSITY ~'-' ~ . ~~~~\ \~~ ~ UNITED METHODIST i ~ CHURCH ~ ~ E7(ISfiNC SITE PUW SGLE 1'~50'-d ~ i . .;.,,5.,;. 1-~- ~ DEMO EXISTING BUILDING ~ ~ ~•:~•- ~.. ~.~ I IXISTiNG GAS C MP I R GULATOR ST ON . \ ~., ~.- .?-~- r PROPER'TY LINE 1 ~: ~~,~~ .•~t, ?' ~ ~ ~ ` i+~' T';. . ,~_ . ~ ~~~~~~'.=•~~:~~. ~,~~~~ I EXISTING BUILDINGS ~_ . N~~-"`.;: ~ ~ TO BE DEMOUSHED ~~~ ~'BllILD~~~~'+"-~• ~ ~ .~Y,~~~•, i ~ IN FUTURE OEVELOPMENT ~ ~{' ~ !~ ..L \ ~~ .~^ .~. Yard encroachments 4~_q~~ - ~~~'~ ^~ ~'~~~~~ ;' ~'~ 3 granted PNC status ~ ~.~ ~ '~ ~~~-NG-' .~ -~:4 ~ ° ~ , ~i~i' c~ .~~ ': (existing buildings in these areas) ~ ~ ~ ~~~ .J~~~~~'w,~°~~'~~,~; ~ ~ ~ ~ . .MTr ~4 ~i .7a.S'~'+fa~'•~. ~'` .!1i'.•v." ~ rti I W ~ j~couRrrazD I ~ \ ~ ~ ~~ ~ g ~ ~ ~ i ii~~ I ~ I ~ , _ _ . ~ L . _ BUILDING_F". _ . _ ~ ~ ~ I I ~ D(I ING I I ~ B~~ Cf ~A~ (SAN UARI~ I ~ ~ I - I \ j I I IL ING ' ~ ~ ~ I I ~ . - I ~ I ~ ~ ~ \ . ~ i ~ .... - \ a UNIVERSITY BOULEVARD Site Plan O ~ J O ~ H Z O~ U 0 O O J ~ F- Z ~ O U N ~ ~ Q _ , ~ 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