HomeMy WebLinkAbout08192004 ZBA Minutes. ,
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City of ~est Uni~ersity P1ace
A Neighborhood City
ZOI~TING BOARD OF ADJUSTMENT
BILL WATSON CONFERENCE ROOM, MUNICIPAL BUILDING
3800 UNIVERSITY BOULEVARD
MEETING MINUTES
August 19, 2004
6:30 p.m.
I. MEMBERS PRESENT: Mark Plagens (voting), Dick Yehle (voting), Jeann Howse (voting),
James Jordan (voting), Richard Wilson (voting), Michael Silver and
John Rentz
II. MEMBERS ABSENT: John Grabowski and Bill Richardson
III. STAFF PRESENT: Neslihan Tesno, City Planner, James Dougherty, City Attorney and
Sallye A. Clark, Planning Assistant
1v CALL TO ORDER: 6:30 p.m.
Agenda Item
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Discussion
Action
1 Call the meeting to Mark Plagens called the meeting to order at 6:30 Richard Wilson moved to accept that
order and Protocol. p.m. Mark Plagens asked all members and staff to all notices had been properly posted
Notices, Rules, Etc. introduce themselves. Sallye A. Clark, Planning and distributed for this meeting. Dick
Assistant stated all notices were posted as required Yehle 2nd. Mark Plagens, Dick
by ciry and state law. Yehle, Jeann Howse, James Jordan
Swearing in of wimesses. and Richard Wilson voted aye. ~
Motion passed. Mark Plagens
administered the oath to all witnesses.
2 Public Hearing of Nes Tesno, City Planner, gave a brief overview of James Jordan made a motion to close
Docket 04-09 Docket 04-09. James Konen, 4134 Rice Blvd and the evidentiary portion of the hearing.
(Variance). Reyuest for owner of 5904 Community gave a presentation of Motion was 2"d by Jeann Howse. Mark
a variance at 5904 the variance request. Nes Tesno, City Planner Plagens, Dick Yehle, Jeann Howse,
Community Drive to presented the staff recommendation of docket 04-09. James Jordan and Richard Wilson
allow an interior side No correspondence was received in favor or voted aye. Motion passed.
yard setback of nine (9) opposition of the request. No one spoke in favor or After discussion, Richard Wilson
feet and a street yard opposition of the request. moved to grant the request for a
setback of nine (9) feet. variance at 5904 Community Drive to
{Article 7, Table 7.2 allow an interior side yard setback of
yards (or setbacks)} nine (9) feet and a street yard setback
of n ine ( 9) f eet. Motion was 2"d by
Dick Yehle. Mark Plagens, Dick
Yehle, Jeann Howse, James Jordan
. and Richard Wilson voted aye.
Motion passed. Variance granted.
3 Public Hearing of Nes Tesno, City Planner gave a brief overview of James Jordan made a motion to close
Docket 04-10 S ecial docket 04-10. Russell Moses, 3902 Brownin , ave the evidenti ortion of the hearin .
3800 University Boulevard • West University Place, Texas 77005-2899 • 713•668•4441 • www.westu.org
Zor,ing Board of Adjustment Minutes
August 19, 2004 Meeting
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Ezception). Request for
a Request f or a s pecial
exception at 3902
Browning Street to
allow for an addirional
garage parking space.
{Article 7, Table 7-4a:
Garage Space, Note 1} a presentation of the special exception 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 recommendation for docket 04-10. Motion was 2" by Jeann Howse.
Mark Plagens, Dick Yehle, Jeann
Howse, James Jordan and Richard
Wilson voted aye. Motion passed.
After discussion, Jeann Howse moved
to grant the request for a special
exception at 3902 Browning to allow
for an additional garage parking space.
Motion was 2"d by James Jordan.
Mark Plagens, Dick Yehle, Jeann
Howse, James Jordan and Richard
Wilson voted aye. Motion passed.
Special exception granted.
4 Public Hearing of Nes Tesno, City Planner gave a brief overview of Jeann Howse made a motion to close
Docket 04-11 docket 04-11. Teresa Lauderdale, 4019 University the evidentiary portion of the hearing.
(Variance). Request for gave a presentation of the variance request. Motion was 2°d by James Jordan. Mark
a variance at 4019 Correspondence from Michael and Lynn Altman, Plagens, Dick Yehle, Jeann Howse,
University Boulevard to 4020 Swarthmore was received in favor of the James Jordan and Richard Wilson
allow the proposed request. Sallye Clark, Planning Assistant read voted aye. Motion passed.
building behind the correspondence from Charles and Kelly Schmidt, After discussion, James Jordan moved
garage to have a 3' 4015 University that was in opposition of the to deny granting the variance at 4019
setback from the side request. No one spoke in favor of the request. University Boulevard to allow the
property line instead of
' Charles Schmidt, 4015 University spoke in proposed building behind the garage
the standard 5
setback. opposition of the request. Nes Tesno, City Planner '
{Article 7, Table 7-2:
presented the staff recommendation for docket 04- to have a 3
setback from the side
Yards (or `setbacks') 11. property line instead of the standard
5' setback. Motion was 2"a by Mark
Plagens. Mark Plagens, Dick Yehle,
and James Jordan voted aye. Richard
Wilson a nd J eann H owse v oted n ay.
Due to Rules of Procedures, Article VI,
Final Disposition, Section 1, motion
carried and decision was denied.
Variance was not anted.
5 Docket 04-05 (Special Jim Dougherty, City Attorney went over the draft After discussion, James Jordan made a
Exception & documents and referred to them as the "little motion to suspend deliberation to take
Variance). special exception" and the "big special exception appiication under advisement and
(A) Request for a special with the variance request." He wanted to make direct staff to re-notice and continue
exception at 3611 sure that the draft documents were sample docket 04-OS at the next meeting.
University Blvd to documents for the ZBA to look at, possibly use or Richard Wilson 2"d the motion. Mark
authorize the existing deny and that they were not decisions. He stated Plagens, Dick Yehle, Jeann Howse,
church and customary ~at two major components of these documents are James Jordan and Richard Wilson
ancillary uses (which a systematic approach because it is a very involved voted aye. Motion passed. Richard
may include schools, Process and to unbundle the conditions. (See Wilson made a motion that the re-
daycare, gymnasium, attached draft documents for full explanation). notice specify Special Hearing
etc. in a single-family
Nes Tesno, City Planner, and Jim Dougherry, Ciry Provisions as follows: The ZBA has
district and to ant PNC
~ Attorney stated that someone has come forward set this additional hearing to receive
status for ~YaTd stating they were not noticed. evidence from: (1) persons who did not
encroachments (9.5 side speak at the previous hearing on this
and 5' rear). { Table 7- matter and (2) persons who spoke at
1:Uses/Special the previous hearing but have new
Exceptions and Section evidence to resent or comments on
Zor.ing Board of Adjustment Minutes
August 19, 2004 Meeting
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12-102(e) Acquiring draft documents (proposed decisions
PNC Status/Certain and conditions). Motion was 2"d by
Yard Encroachments} Dick Yehle. Mark Plagens, Dick
(B) Request for a Yehle, Jeann Howse, James Jordan
variance at 3611 and Richard Wilson voted aye.
University Blvd to allow Motion passed.
the interior side yard
(setback) of lot 9 to be 9
feet and of Lot 10 to be '
13 feet. {Table 7-2:
Yards (or setbacks)
Resumption of
deliberations, decision,
etc. and related matters.
(Public Hearing on this
matter completed at the
meeting held on July 15,
2004
6 MeeNng Minutes. Dick Yehle made a motion to approve
the minutes of the July 15, 2004 ZBA
meeting as amended. Motion was 2"a
by Jean Howse. Mark Plagens, Dick
Yehle, Jeann Howse, James Jordan
and Richard Wilson voted aye.
Motion assed.
7 Adjournment. James Jordan made a motion to adjourn
the meeting. Motion was 2"a by Jeann
Howse. Mark Plagens, Dick Yehle,
Jeann Howse, James Jordan and
Richard Wilson voted aye. Motion
passed. The meeting was adjourned at
8:30 .m.
Attachments: Proposed decisions and conditions for docket 04-05.
PASSED THIS ~ C.Y~ DAY OF 04.
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M age , residing Officer
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Sallye A. Clark, anning Assistant
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• 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)
Address of buildingsite: 3611 University Blvd. ; West University Place,
• ' Texas 77005 • ~ ~ .
Legaldescriptionofthebuildingsite: Lots (or tracts) 6A, 7, 8, 9, 10A, lOB 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, Findings, Vote:
(/) Notice ofhearing was given by: regular and certified mail f to nearby
property owners) and by posting on site
(/) Hearing was held on Ju 1 v 15 , 2 0 0 4
(/) Required determinations have been made by the ZBA as follows: (i ) the propqsed
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 uppn 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.
() Additionalfindings(ifany): (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 Zoning 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) S e c t i on 12 -10 2( e) ~ of the Zoning Ordinance, is issued for the
site identified above subject to the following:
• Page 1
' (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 ACTIVITY, SITE OR STRUCTURE.
TO OBTAIN PNC STATUS FOR ANY OTHER ITEM REQUIRES SEPAR.ATE APPLICATION,
NOTICE, HEARING, PROOF AND BOARD FINDINGS. NOTHING IN THIS SPECIAL
EXCEPTIONS IMPLIES THAT ANY SUCH FINDINGS WOULD OR WOULD NOT BE MADE BY
THE BOAR.D.
THIS SPECIAL EXCEPTION REMAINS SUBJECT TO THE REGULATORY JURISDICTION 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 Boazd 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:
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WEST UNIVERSITY
UNITED METHODIST
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Site Plan
PROPERTY LINE
EXISTING BUILDIMGS
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IN FUTURE DEVELOPMENT
Yard encroachments
granted PNC status
(existing buildings in these areas)
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foi;n ZBA-203 dec granting sp excep, PNC under 12-102(e)
~ 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 Bovd., West University Place,
Texas 77005
Legaldescriptionoft/:ebuildingsite: Lots (or tracts) 6A, 7, 8, 9, 10A, 10~ and
11A, Block 25, West University Place Section 1(~'irst Addition), City
of West University Place, Harris County, Texas
Applicant.• Trustees, West UnivErsity United Methodist Church
3611 University B1vd.,West University Place, Texas 77C~~~5
DecisionorActionRequested: (1) Special exception to authorize existinc
church and ancillary uses. (2) Variance to allow reduced yards J;or
"setbacks") for a proposed new building.
Briefiirg, Notice, Hearing, Findings, Vote:
(/) Notices of pre-application briefing were given.
(/) Pre-application briefing was held on June 2 9. 2 0 0 4
•(/) Notice ofhearing was given by: _ reaular and certified mail f to nearbv_
propertv owners) and by postina on site
(/) Hearing was held on Ju 1 v 15 , 2 0 0 4
(/) Required determinations have been made by the ZBA as follows: (i ) the proposed
special exception will not cause any significant increase ir. on-
street parking; (ii) the proposed special exception will no=
cause any substantial traffic congestion; (iii) the proposed
special exception will not cause any substantial increase ir:
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 qeneral purpose and
intent of the Zoning Ordinance.
(/) Additional findings and determinations (ifany) have been made, as follows: Each of ~ne
~ 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 (church
use), and (ii) necessary or convenient for a lawful princip~l use
of such building (church use).
(/) The vote was: for, against this decision.
• Page 1
• Decision of tlre Zoning Board of Adjustmenl granting special exception (subject to al! 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] Existina. Initially, this special exception
authorizes: (i) the existing church use of the buildi ng
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. ~
(b) Within 180 days following the effective date of this
decision:
(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.
(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:
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. °. _., --- Results and data obtained from the City's on-qoi ng
, . traffic study, particularly regarding parking
. regulations along Mercer Street, together with a n y
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 requiremen ts
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.
(iii) Al1 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 thereafte r
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
(ii) the applicant must implement the pedestrian and
vehicle circulation 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.
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• 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 ACTIVITY, SITE
• OR STRUCTURE.
TO OBTAIN A SPECIAL EXCEPTION FOR ANY OTHER ITEM REQUIRES SEPAR.ATE
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 JURISDICTION OF
THE CITY. IT MAY BE AMENDED OR REVOKED. THIS SPECIAL EXCEPTION GRANTS NO
PROPERTY RIGHT OR VESTED RIGHT OF ANY KIND.
Otl:erProvisions: 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) tha~t
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
~ eastern property line of the building site), as part of the
construction of the p~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).
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• "';~~)r ~o the extent necessary to accommodate the proceedings describe d
' , • above, the ZBA's normal rules of procedure are suspended.
~ Effective Date & Appea/s: 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 offrce on , , and copies mailed (see nzailing list
attached) on , , By;
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UNIVERSIIY BOU~EVARD y
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).
(2) 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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PROPOSED OEVELOPMENT AREA
PROPERTY IJNE
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UNIVERSITY BOULLaCAF~ ~./
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).
~2) 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.
WEST UNIVERSITY
UNITED METHODIST
CHURCH
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EXHIBIT B
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