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Home My WebLink About10262023 ZBA Minutes City of West University Place Public Works Department ZONING BOARD OF ADJUSTMENT MUNICIPAL BUILDING 3800 UNIVERSITY BOULEVARD MEETING MINUTES October 26,2023 6:30 p.m. I. MEMBERS Jay Cohen(voting), Owen Rutz (voting), Francois Daube(voting), PRESENT: Michael Tucker(voting) and Harold Rocketto (voting) H. MEMBERS Ross Fava, Lawrence Foust, Frank Monacelli and Donald Yurewicz ABSENT: III. STAFF PRESENT: Loren Smith, Legal Counsel, John McGowan, Building Official, Josie Hayes, Administrative Coordinator and Joseph Newton,Zoning Official IV. CALL TO ORDER: 6:30 p.m. 1. Call the meeting to Owen Rutz called the meeting to Owen Rutz administered the oath to all ZBA order.Notices,Rules, order at 6:30 p.m. Owen Rutz asked members and witnesses. Michael Tucker etc. members to briefly introduce made a motion that the agenda and notices themselves. Josie Hayes, were posted per state and local law. Second Administrative Coordinator, stated by Jay Cohen. AYES: Jay Cohen, Owen that all notices were posted in Rutz, Francois Daube, Michael Tucker and accordance with state and local laws. Harold Rocketto. NOES: None. Motion Owen Rutz then described the carried(5-0). hearing procedures. Swearing in of witnesses.Francois Daube,Michael Tucker and Harold Rocketto were the alternate voting members. 2. Docket No.2023-0010; Applicant's Request After deliberation,Harold Rocketto made a regarding property at The applicant in Docket#2023- motion to approve the site plan for a special 3307 Sunset Blvd.,West 0010; 3307 Sunset Blvd.requests the exception to allow the construction of a University Place,Texas Board approve a special exception as sports court on a residential building site 77005 (Special allowed by Appendix A—Table 7- where there is neither a currently existing nor Exception). 101,Table 7-1,Note 2,to allow the a proposed structure on the building site. a. Public hearing construction of a sports court on a Second by Francois Daube.AYES: Jay regarding a special residential building site where there Cohen, Owen Rutz,Francois Daube,Michael exception from the City's is neither a currently existing nor a Tucker and Harold Rocketto. NOES:None. Zoning Ordinance, proposed principal structure on the Motion carried(5-0). 3826 Amherst St. www.westutx.gov West University Place, TX 77005 713-662-5830 West University Place Public Works Department Appendix A of the Code building site. of Ordinances,Article 7, Section 7-101, Table 7-1, Staff received correspondence in Note 2 to allow the favor of the special exception: construction of a sports court on a residential Joseph&Robin Cunningham, 3312 building site where there Nottingham; Patricia&Jarrod Mills, is neither a currently 3303 Sunset; and Kari Phillips and existing nor a proposed Khalid Muslih, 3311 Sunset. structure on the building Dick Yehle, 6401 Rutgers spoke site. opposing the special exception. b. Deliberation, decisions, other action, Background Information etc.regarding the The applicants have recently preceding matters. acquired the lot contiguous to the rear of their current home and are seeking approval from the ZBA to construct a sports court on a building site where there is neither an existing nor a proposed principal structure. The applicants have expressed a desire to refrain from combining the two building sites to preserve the option of constructing a new home on the newly acquired lot at a later date. Combining the two building sites would render them ineligible for re-division, as they would no longer meet the minimum building site dimensions stipulated by Article 5, Table 5-1. 3. Docket No.2023-0011; Applicant's Request After the applicant's presentation,Michael regarding property at The applicant in Docket#2023-0011 Tucker made a motion to incorporate all 3609 Plumb St.,West —3609 Plumb St,request that that testimony into evidence. Second by Jay University Place,Texas Zoning Board of Adjustments Cohen. AYES: Jay Cohen,Owen Rutz, 77005 (Variance). approve a variance from the City's Francois Daube,Michael Tucker and Harold a. Public hearing Zoning Ordinance to allow a Rocketto.NOES: None. Motion carried)5- regarding a variance from building site with more than 6,000 0).After deliberation,Owen Rutz made a the City's Zoning SF in area to utilize the Narrow Site motion to grant variance to allow a building Ordinance,Appendix A "3/7"Exception. site with more than 6,000 SF in area to of the Code of utilize the narrow site"3/7"Exception with Ordinances,Article 7, Staff received correspondence the conditions of the variance: The building Section 7-101,Table 7-2, opposing the variance: sites constructed on the site shall have the 3826 Amherst St. www.westutx.gov West University Place, TX 77005 713-662-5830 City of West University Place Public Works Department Note 2 to allow a building Julie and Will Thomas, 3613 Plumb; setbacks of 4 feet on the west side and at site with more than 6,000 Donna and James Donnell, 3620 least 10 feet on the east side of the property. SF in area to utilize the Plumb; Dick Yehle, 6401 Rutgers Second by Harold Rocketto. AYES: Jay narrow site"3/7" spoke opposing the variance. Cohen, Owen Rutz,Francois Daube and Exception. Harold Rocketto.NOES: Michael Tucker. b. Deliberation, Background Information Motion carried(4-1). decisions, other action, The applicant wishes to employ etc.regarding the alternative side yard setbacks that preceding matters. deviate from the city's standard, which mandates a minimum of 10% of the building site width or 5 feet, as permitted by Note 2 of Table 7-2, Note 2 outlines a set of criteria that must be met to qualify for the 3/7 Exception.Earlier this year,the language of the 3/7 Exception was modified to clarify the existing exception criteria and introduce additional requirements to qualify for the exception. Once notable change is the addition of a stipulation that restricts building sites larger than 6,000 square feet in area from using the 3/7 Exception. The City Council approved the 3/7 Exception amendments on May 8, 2023, during the first reading and subsequently,these amendments were approved on the consent agenda at the second and final reading of the ordinance on May 22, 2023, during the City Council session. Plans for this project were submitted to the City on July 20, 2023, obligating the project to conform to the current version of the 3/7 Exception. The applicant has stated that the drafting of plans for the new home began as early as February 17,2023, and they were unaware that the 3/7 Exception criteria were being revised. The application wishes to utilize the prior 3826 Amherst St. www.westutx.gov West University Place, TX 77005 713-662-5830 City of West University Place Public Works Department edition of the exception criteria, as the proposed building site complies with all the previous requirements. 4. Meeting Minutes. Approval of meeting minutes from Harold Rocketto moved to approve the September 28, 2023. September 28,2023,minutes. Second by Francois Daube. AYES: Jay Cohen, Owen Rutz,Francois Daube,Michael Tucker and Harold Rocketto. Motion carried(5-0). 4. Adjournment. The meeting was adjourned at 8:06 Jay Cohen moved to adjourn the meeting. p.m. Second by Michael Tucker. AYES: Jay Cohen, Owen Rutz,Francois Daube,Michael Tucker and Harold Rocketto. Motion carried(5-0). APPROVED THIS '\ DAY OF ' 6j O 2023. ArAgilejillWAte 'residing Officer ATTEST: \4). Josie M. Hayes, Administrator C�inator 3826 Amherst St. www.westutx.gov West University Place, TX 77005 713-662-5830