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HomeMy WebLinkAbout07152004 ZBA Minutes~ MEETING MINUTES July 15, 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 In. STAFF PRESENT: Neslihan Tesno, City Planner and Sallye A. Clark, Planning Assistant IV. CALL TO ORDER: 6:30 p.m. • ~ Cit of ~est Universit P1ace y Y A Neighborhood City ~ R.~„~~~~,~~ ZO1vING BOARD OF ADJUSTMENT BILL WATSON CONFERENCE ROOM, MUNICIPAL BUILDING 3800 UNIVERSITY BOULEVARD Agenda Item Discussion Action 1 Call the meeting to order and Protocol. Notices, Rules, Etc. Mark Plagens called the meeting to order at 6:30 p.m. Mark Plagens asked all members and staff to introduce themselves. Sallye A. Clark, Planning Assistant stated all notices were posted as required by city and state law. Swearing in of witnesses. Jean Howse moved to accept that all notices had been properly posted and distributed for this meeting. James Jordan 2nd. Mark Plagens, Dick Yehle, Jeann Howse, James Jordan and Richard Wilson voted aye. Motion passed. Mark Plagens administered the oath to all wimesses. 2 DoCket 03-09. Matters Nes Tesno, City Planner, gave a brief overview and Jean Howse made a motion to close the relating to the extension staff recommendation of Docket 03-09. No evidentiary portion of the hearing. of time for a variance correspondence was received in favor or opposition Motion was 2"d by James Jordan. Mark granted at 3211 of the request. No one spoke in favor or opposidon Plagens, Dick Yehle, Jeann Howse, Pittsburg/6500 Buffalo of the request. James Jordan and Richard Wilson Speedway, docket 03- voted aye. Motion passed. 09. After discussion, Dick Yehle moved to grant the extension of time for a variance granted at 3211 Pittsburg/6500 Buffalo Speedway, docket 03-09. Motion was 2nd by Jeann Howse. Mark Plagens, Dick Yehle, Jeann Howse, James Jordan and Richard Wilson voted aye. Motion passed. Extension of time granted. 3 Public Hearing of Nes Tesno, City Planner, gave a brief overview of Jeann Howse made a motion to close Docket 04-05 (Special Docket 04-OS and that there were three requests: the evidentiary portion of the hearing. Exception & • S ecial Exce tion to allow church use in a Motion was 2"d by James Jordan. Mark 3800 University Boulevard • West University Place, Texas 77005-2899 • 713•668•4441 • www.westu.org Zon~ng Board of Adjustment Minutes July 15, 2004 Meeting • C~ • Variance). Request for single-family district. Plagens, Dick Yehle, Jeann Howse, a special exception at • Special exception to grant PNC status for James Jordan and Richard Wilson 3611 University Blvd to certain yard encroachments voted aye. Motion passed. authorize the existing . Variance (for side yard interior setback) After discussion, Dick Yehle moved to church and customary Sallye Clark, Planning Assistant read suspend deliberation for staff to return ancillary uses (which correspondence from Sarah and Ralph Frates, Jr., to the next meeting with a step-by-step may include schools, 3602 University Boulevard in favor of the request. procedure and sample decisions with daycare, gymnasium, She also read correspondence from Charles Blum, conditions. Motion was 2"d by James etc. in a single family 6318 Mercer and Staci and Joe Edmonds, 6315 Jordan. Mark Plagens, Dick Yehle, district and to grant PNC Mercer in opposition of the request. Jeann Howse, James Jordan and status for y~'d ' Rodney Bland, Senior minister at West University Richard Wilson voted aye. Motion encroachments (9.5 side ' Methodist Church and resident 4204 Albans; John passed. Deliberation suspended. rear). { Table 7- and 5 Cox, Chairman of the Board and Building 1:UseslSpecial Committee for West University Methodist Church Exceptions and Section and resident 4030 Swarthmore; and Aaron Jones, 12-102(e) Acquiring Merriman Holt Architects, 3900 Essex gave a PNC Status/Certain presentation of the requests for docket 04-05. Yard Encroachments} Request for a variance at Diane Wiley, 6338 Riley spoke and stated that the 3611 University Blvd to church is an asset but the ancillary use is vague and allow the interior side p~.~ng is an issue and very inadequate and that the yard setback of lot 9 to a playground is an eyesore. She believes that the 9' setback and of Lot 10 church is going to expand the school program that to a 13' setback. {Table has gone from a Mothers Day out program to a Day 7-2: Yards (or Care/ Preschool. She also has questions about the setbacks)} gas regulator station and feels that the plans for the proposed building are vague. She also has concerns about the Virginia Court Right of Way easement. Malcolm Elliott, 6330 Mercer spoke in opposition to the request stating that drainage and pazking are a problem. Mike Criar, 6324 Mercer spoke and stated that church is great but is concerned about ancillary uses. He also submitted pictures and spoke about the ponding of water in his yard when it rains due to the church parking lot and that he i s o pposed t o t he granting of the variance reyuest. Charles Blum, 6318 Mercer submitted pictures and spoke in reference to the problems he has with visual obstructions which reduces his property value, drainage problems, continual garbage problems from waste being disposed creating a rodent issue. Nancy Stabiner, 6318 Mercer is not objecting to the church, but it is in a residential area and the church should buy land somewhere else and not expand. She ~ stated there are drainage, trash and rodent problems and she is opposed to the request. She also stated that she has concerns about the vagueness of the proposed building plans and the gas regulator station. Rodney Bland, senior minister stated that the proposed building is not to house an expanded school program. Rodney Bland, senior minister asked if the Special Exception is not granted and the church would be in violation of the Zonin ZonYng Board of Adjustment Minutes July 15, 20(}4 Meeting • C~ • Ordinance, would the church have to move out. Nes Tesno, City Planner stated that staff would have to consult with the City Attorney and City Council. John Cox stated that the parking lot drains into Poor Farm ditch and that the church is working with an architect /engineer to develop a drainage plan. John Cox stated that in reference to the gas regulator station, that Center Point Energy has told them that it is no longer needed but there is no plan to move it and that the church could not do anything until it is capped off. Nes Tesno, City Planner presented the staff recommendations for docket 04-05. 4 Public Hearing of Nes Tesno, City Planner gave an overview of James Jordan made a motion to close Docket 04-06 background for the special exception request for the evidentiary portion of the hearing. (Special Exception). docket 04-06. John Elwood, 2737 Cason, gave a Motion was 2°d by Jeann Howse. Mark Request for a special Presentation of the special exception request. No Plagens, Dick Yehle, Jeann Howse, exception at 2737 Cason correspondence was received in favor or opposition James Jordan and Richard Wilson to grant prior non- of the special exception request. No one spoke in voted aye. Motion passed. conforming status, favor or opposition of the special exception. Nes After discussion, James Jordan moved Section 12-102 e ~~ Tesno, City Planner presented the staff to grant the special exception at 2737 Certain Yard recommendation for the special exception request Cason to grant prior non-conforming Encroachments, to an for docket 04-06. status, Section 12-102 (e) Certain Yard existing stnicture to Encroachments, to an existing structure project into the required to project into the required side yard side yard (2.7 feet from (2.7 feet from side property line) with side property line). the condition that Prior non- conforming status is lost if the structure demolished or alterations cause the removal of the encroachment. Motion was 2°d by Dick Yehle. Mark Plagens, Dick Yehle, Jeann Howse, James Jordan and Richard Wilson voted aye. Motion passed. Special exce tion anted. 5 Public Hearing of Nes Tesno, City Planner gave an overview of James Jordan made a motion to close Docket 04-07 background for the special exception request for the evidendary portion of the hearing. (Special Ezception). docket 04-07. Wayne Marchand, 4201 Riley gave a Motion was 2"d by Dick Yehle. Mark Request for a special Presentation of the special exception request. Sallye Plagens, Dick Yehle, Jeann Howse, exception at 4201 Riley Clark, Planning Assistant read correspondence from James Jordan and Richard Wilson to grant prior non- Ruby Behrend, 4137 Riley in favor of the special voted a e Morion assed. Y• P conformin status, g exception request. No conespondence was received After discussion, James Jordan moved Section 12-102 (e) m opposirion of the special exception request. No to grant the special exception at 4201 Certain y~d one spoke in favor or opposition of the special Riley to grant prior non-conforming Encroachments, to allow exception request. Nes Tesno, City Planner status, Section 12-102 (e) Certain existing 2 story garage Presented the staff recommendation for the special Yard Encroachments, to allow structure to encroach on exception request for docket 04-07. ~ existin 2 sto ara e structure to Zonqng Board of Adjustment Minutes July 15, 2004 Meeting n U • • average 3" into rear 5' encroach on average 3" into rear 5' setback. setback with the condidons that prior non-conforming status is lost if the structure demolished or alterations cause the removal of the encroachment and an acquiescence to encroach into the utility easement is granted. Motion was 2"d by Richard Wilson. Mark Plagens, Dick Yehle, Jeann Howse, James Jordan and Richard Wilson voted aye. Motion passed. Special exception granted. 6 Public Hearing of Nes Tesno, City Planner gave an overview of James Jordan made a motion to close Docket 04-08 background for the special exception request for the evidentiary portion of the hearing. (Special Exception). docket 04-08. ~Iugh Tanner, President of the West Motion was 2"a by Dick Yehle. Mark Request for a special University Place Little League and resident 6318 Plagens, Dick Yehle, Jeann Howse, exception at 3780 Rutgers gave a presentation of the special exception James Jordan and Richard Wilson University Blvd to grant request. Ed James, 37390 Albans presented voted aye. Motion passed. an extension of prior ~formarion on the proposed new building. No After discussion, James Jordan moved non-confornvng (`PNC') correspondence was received in favor or opposition to grant the special exception at 3780 status to allow of the special exception request. No one spoke in University Blvd to grant an extension construction of a new favor or o osition of the ecial exce non re uest. pp ~ p q of prior non-conforming (`PNC') status structure to r lace ~ eP Nes Tesno, City Planner presented the staff to allow construction of a new structure existing dugout facility) recommendation for the special exception request ~to replace exisring dugout facility) including: paz~g, for docket 04-08. ~~ minor adjustment to setback, setbacks, use, quantity including: parlcing, setbacks, use, of accessory buildings quantity of accessory buildings and and height of accessory height of accessory structure {Section structure {Section 12- 12-105 Special Exceptions to Extend 105 Special Exceptions PNC Status} as attached site plan. to Extend PNC Status} Motion was 2"d by Dick Yehle. Mark Plagens, Dick Yehle, Jeann Howse, James Jordan and Richard Wilson voted aye. Motion passed. Special exception granted. 7 Meeting Minutes. Jeann Howse made a motion to approve the minutes of the June 17, 2004 ZBA meeting as written. Motion was 2nd by James Jordan. Mark Plagens, Dick Yehle, Jeann Howse, James Jordan and Richard Wilson voted a e. Motion assed. 7 Adjournment. James Jordan made a motion to adjourn the meering. Motion was 2"d by Dick Yehle. Mark Plagens, Dick Yehle, Jeann Howse, James Jordan and Richard Wilson voted aye. Motion passed. The meeting was adjourned at 9:10 p.m. • • Zorsing Board of Adjustment Minutes July 15, 2004 Meeting •