HomeMy WebLinkAbout11051998 ZBA Minutes~ ZONING BOARD OF ADJUSTMENT
CITY OF WEST UNIVERSITY PLACE
3826 AMHERST
MEMBERS PRESENT:
lI. STAFF PRESENT:
[II. CALL TO ORDER:
M INUTES
November 5, 1998
Sue Porretto, Chairperson, David Mannon, Mark Plagens,
Michael Neal
Dennis Holm, Building Official, Christine Cavalier, Buildi.ng
Secretary
7:30 p.m.
The meeting was called to order by Chairperson Sue Poretto. Protocol for the meeting was given and those persons
wishing to speak regarding various agenda items were sworn in. Secretary Christine Cavalier reported that all notices
for this meeting had been properly posted in accordance with State law. Michael Neal made a motion to accept that
notices had been properly posted for this meeting. Mark Plagens seconded the motion, and it passed with all board
members in agreement.
Matters relating to 6616 Belmont, South 1/2 of Lot 5, Block 6, West University Place, First Addition was next on
~ the agenda. Board members considered evidence from homeowner Gordon Hall, regarding his request for variance
concerning interior side yard for garage, along with staff recommendations (see attached). Michael Neal made a
motion that the variance requested by denied. Sue Poretto seconded the motion. Those in favor were Sue Poretto
and M.ichael Neal. Those opposed were David Mannon and Mazk Plagens. The motion failed for lack of unanimous
vote. More discussion followed among Board members. .David Mannon then moved to deny the variance request.
Michael Neal seconded the motion. Sue Poretto, Michael Neal, David Mannon and Mark Plagens voted aye. There
being no nays the motion passed, denying the variance.
The Board members next considered matters relating to 3124 Albans, Lot 18, Block 3, Monticello Addition. Lisa and
Anthony Haines presented evidence for their request for variance concerning interior side yard for gazage. Dennis
Holm rendered staff recommendations. Mark Plagens moved that the variance be granted with a stipulation that there
be no extemal modifications, i.e. window a/c units, additional windows, etc. Michael Neal seconded the motion, all
members favored, thus the variance was granted.
Matters relating to 4130 Riley, Lot 67 and West 1/2 of Lot 68, Fairhaven Addition was the next item on the agenda.
T7te request was for variance to side yard setback. Frank Mai, builder of the project and Kevin Mai, owner of the
project presented evidence regarding this situation. Dennis Holm, .Building Official explained staff's position. After
discussion, David Mannon moved to deny variance request and Michael Neal seconded the motion. Those in favor
were Sue Poretto, Michael Neal, Mark Plagens and David Mannon. No one opposed the motion and the variance
was denied.
Item # 5 on the agenda, matters relating to 2728 Wroxton, 2723 Wroxton and 2736 Wroxton, A.C. Reynolds Survey,
A-61 totalling 0.4891 acres of land was tabled pending the Zoning and Planning Commission's decision regarding
townhouses.
Michael Neal then moved to adjourn the meeting. Mark Plagens seconded the motion. All favored and the meeting
was adjoumed at 9:50 p.m.
CHAPTER 22 Urban Forest Preservation and Enhancement
Sec. 22.003. Tree disposition (for buitding pei~mits); tree surveys
(a) General requirement. Every pernut for development or pre-development activity must contain
tree disposition conditions meeting the requirements of this section.
(b) Essential and mandatory conditiorrs. Tree disposition conc~itions are the most important means
of protecting the urban forest of the City from unreasonable harm during development and pre-
development activity. Tree disposition conditions shall:
(1) Prohibit removal of or damage to any large tree, except):
(i) removal of a tree which is diseased, severely damaged or dead may be authorized;
and
(ii) damage to or removal of a tree which causes an unreasonable impediment to the use
and enjoyment of the applicant's property may be authorized; and
(iii) damage to or removal of a low-value tree may be authorized.
(2) Require replacement trees, to the extent provided in the criteria manual, for any large trees
authorized to be Damaged or Removed. Exception: No replacement is required for low-
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value trees.
(3) Require protection for large trees (and Critical Root Zones). The conditions may specify
the methods of protection to be used.
(4) Require that any authorized damage to trees be minimized and mitigated. The conditions •
may specify methods of mitigation to be used.
(5) Require, if there is major development, that the affected subject site attain a minimum
planting standard of tree density as set forth in the criteria manual.
(c) Procedure. The building official shall not issue any pernut for any development or Pre-
development Activity unless ali the following have first occurred:
(1) Tree Survey. 'The applicant must have filed a tree survey, and the urban forester must have
approved it for compliance with this chapter.
(2) Tree Disposition Condirions. Tree disposition conditions approved by the urban forester
must have been inserted into the permit. The urban forester may require all persons owning land
where a tree is located to agree to any removal of or damage to the tree authorized by the
conditions.
(d) "Low-impact" exception. Except for the requirement to insert the mandatory conditions, this
section does not apply to a subject site, project or other activity that will not have any significant, adverse
effect upon any large tree, as determined by the urban forester.
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