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Home My WebLink About01232025 ZBA Agenda Item 3 City of West University Place Public Works Department ZONING BOARD OF ADJUSTMENT MUNICIPAL BUILDING 3800 UNIVERSITY BOULEVARD MEETING MINUTES December 19,2024 6:30 p.m. I. MEMBERS Ross Fava(voting),Nikhil Nayak(voting), Mateo Fisher(voting) and PRESENT: Francois Daube (voting) and Zack Liu(voting) IL MEMBERS Shaffer Braun, Jennifer Sickler and Cameron Cuenod ABSENT: III. STAFF PRESENT: Philip Boedeker, Legal Counsel, Brett Cast, Assistant Public Works Director, Josie Hayes, Administrative Coordinator, Chris Guess, Planning &Zoning Administrator, Evan DuVall and Jordan Cruz, Zoning Officials IV. CALL TO ORDER: 6:32 p.m. 1. Call the meeting to Ross Fava called the meeting to Ross Fava administered the oath to all order.Notices,Rules, order at 6:32 p.m. Ross Fava asked witnesses. Josie Hayes stated Francos Daube etc. members to briefly introduce and Zack Liu were the alternate voting themselves. Ross Fava then members. described the hearing procedures. Swearing in of witnesses. 2. Docket No.2024-0009; Applicant's Request The applicant presented their request for the regarding property at The applicant in Docket#2024-0009 variance.After deliberation, Mateo Fisher 3117 Carnegie,West —3117 Carnegie St.request a made a motion to approve the variance to University Place,Texas variance to the City's Zoning allow a garage to be 2.6 feet from the side 77005 (Variance). Ordinance to allow a 2.4"interior property line and 4.4 feet from the back a. Public hearing side yard setback where three(3) property line with the conditions listed on the regarding a variance from feet is required and a rear-yard staff report as listed: 1)All remaining the City's Zoning setback of 4.6"where five(5) is Zoning Ordinance requirements be satisfied, Ordinance,Appendix A, required. The property owner's goal other than the existing interior side and rear Article 7A-7, Projection is to build a two-story garage where yards, 2)Overhang cannot be closer than 2' Schedule,Note 5, a previous one-story garage was from the side property line,3)Compliance Garages in the side yard built. The proposed encroachment with applicable International Building Code to allow a garage to into the interior side-yard and year- Requirements and 4)Flood plain project 5 inches into the yard will be for a one car garage requirements must be satisfied. Second by required three feet with guest quarters on the second Francos Daube. AYES: Ross Fava,Nikhil 3826 Amherst St. wwzv.westutx.gov West University Place, TX 77005 713-662-5830 City of West University Place Public Works Department interior side-yard and a floor. Nayak, Mateo Fisher,Francois Daube and variance from the City's Zach Liu. Motion carried (5-0). Zoning Ordinance to Staff received correspondence in allow a garage to project against the variance from Jason& 3 inches into the required Jennifer Dunn. five feet interior side- yard. Andrea Spiering, Roger Le,My-Linh b. Deliberation, Nguyen,and Branch Sheppard on decisions, other action, behalf of Jennifer Dunn spoke etc. regarding the against the variance. preceding matters. Background Information Building permit was issued for a garage remodel. Previous one-car garage was one story and approximately 324 square feet. A building permit was submitted for a prosed remodel of the garage that included a second story guest quarters. This old stock housing garage was a prior non-conforming structure that did not meet the required three (3) foot side setback for a garage in the rear yard. As a prior non-conforming structure, it was allowed to remain if the non- conformity was not expanded. The original garage was built in 1936,the same year this existing old stock house was constructed. The remodel/addition required significant structural changes to allow the second story guest quarters above the garage, as this prior garage was not designed to support a second story. City staff reviewed and approved this permit as a remodel of an existing prior non-conforming garage. Although this permit was approved, it had significant issues because it was reviewed as a remodel project. This permit should have been reviewed as new 3826 Amherst St. www.westutx.gov West University Place, TX 77005 713-662-5830 City of West University Works Place PublicDepartment construction. That process would have resolved any prior non- conforming aspects of this development. This permit was issued in error and then went through the inspection process, including the foundation inspection. This meant that the foundation was allowed to be poured, and the garage framed with the second- story addition. Soon after, a complaint was received about the new garage's proximity to the property lines. As the City reviewed the permit, it was determined that the prior non- conforming nature of the garage had been removed due to the new garage being constructed. A form survey revealed that the structure was closer to both required interior side yard and the rear yard property lines. The original contractor is no longer involved, and the homeowner and new contractor have been left to resolve this issue. The importance of the three (3) feet separation from the property line allows for the International Residential Code's minimum separation distance without rated walls assemblies (one-hour) and to provide for privacy from adjacent property owners. To address this issue, the property owner has submitted a Variance request to allow the garage to remain at its current built setbacks. The City has worked with 3826 Amherst St. www.westutx.gov West University Place, TX 77005 713-662-5830 City of West University p Place Public Works Department the homeowner's new contractor to halt the project and address the concerns regarding the proximity to the property line. The west elevation closest to the interior side property line has two small, non- operable windows on the first floor designed for light, which do not present a privacy issue (See Exhibit 1: Elevations of Structure (Existing and Proposed). However, these windows must either meet a one- hour fire rating or be removed. Any wall assemblies within three (3) feet of the property line must have a minimum one-hour fire rating. The rear elevation has one window on the second floor,which will have to be non-operable and translucent to conform to West University Place's Zoning Ordinance. Additionally, any overhang of the building cannot be closer than two (2) feet from the property line. The property owner has been cooperative and is working with City staff to resolve the issues. Staff is recommending approval of the Variance request with the appropriate conditions. Staff is also working on a process to pre- approve form surveys and train staff to alleviate this issue in the future. The approval of this Variance request will require the homeowner to modify this project from where it was originally approved.The foundation has already been 3826 Amherst St. www.westutx.gov West University Place, TX 77005 713-662-5830 City of West University Place Public Works Department poured,and the main structure has been framed out.The structure must be redesigned to satisfy all International Residential Code (IRC)requirements,flood plain regulations,and all other Zoning Ordinance requirements.To comply with these requirements, significant changes to the plans must be made. 3. Meeting Minutes. Approval of meeting minutes from Mateo Fisher moved to approve the November 21,2024. November 21, 2024,minutes. Second by Nikhil Nayak. AYES: Ross Fava,Nikhil Nayak, Mateo Fisher, Francois Daube and Zack Liu. Motion carried (5-0). Adjournment. The meeting was adjourned at 8:41 Mateo Fisher moved to adjourn the meeting. p.m. Second by Francois Daube.AYES: Ross Fava,Nikhil Nayak,Mateo Fisher,Francois Daube and Zack Liu.Motion carried (5-0). APPROVED THIS DAY OF 2025. Presiding Officer ATTEST: Josie M. Hayes, Administrator Coordinator 3826 Amherst St. wwzv.westutx.gov West University Place, TX 77005 713-662-5830