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Home My WebLink AboutOrd 1556 - allowing prior non-conforming status for certain structures Sent by: Cole & Dougherty 713-880-1417 03/21/97 11: 31 Job 709 Page 2/4 ORDINANCE NO. 1556 AN ORDINANCE ALLOWING PRIOR NON-CONFORMING STATUS FOR CERTAIN STRUCTURES ON ENLARGED BUILDING SITES; ADDING A NEW SUBSECTION t2-102(d) TO THE ZONINGORDfNANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. '; WHEREAS, tbe City Council and the Zoning & Planning Commission C'Z&PC") of tbe City of West University Place, Texas ('~City'') have held a joint public hearing on a proposal to amend the Zoning Ordinance of the City, as last amended and readopted by Ordinance No. 1493~ adopted December 19, 1994 ("Zoning Ordinance"); WHEREAS, City staff has reported on the notices given for the hearing, and the City Council approves and adopts the notices and the manner in which notices were given; and the City Council finds and detennines that, at the hearing, all property owners, citizens and interested persons desiring to be heard were afforded an opportunity to be heard; WHEREAS, the Z&PC has made a final report to the City Council with respect to such proposal, whicb report is attached hereto as Exbibit A and. made a part hereof by reference; and WHEREAS, the City Council has considered the report of the Z&PC and is of the opinion that the proposed amendment should be adopted, as.more fully set out herein~ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY }>LACE~ TEXAS: Section ]. The City Council approves and adopts the matters set out in the preamble of this ordinance, and the Zoning Ordinance is hereby amended by adding a new Subsection 12-102(d) to read as follows: r""'~'C-=--="C""---"'---' -~._' "--rrr:'~1 -;:-IIT- '----"lmll!l~ml!lIII::llr Sent by: Cole & Dougherty 713-880-1417 03/21/97 11:32 Job 709 Page 3/4 (d) Enlargement ofbllilding site andyard A structure located in a yard (or '"setback" area) in apparent violation of Table 7-2 acquires PNC status if: (i) after the 1987 effective date. the building site was enlarged in compliance with City ordinances, (ii) the enlargement of the building site also expanded the yard to include the structure, (iii) the structure was built before enlargement of the site. and (iv) the structure did not violate the yard (or "setback") regulations before the enlargement. The. structure acquires PNC status only for non--compliance with Table 7-2. Section 2. All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. Section 3. If any word, phrase, clause, sentence, paragraph, section or other part of this ordinance or the application thereof to any person or cirewnstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction" neither the remainder of this ordinance, nor the application of such word, phrase, clause, sentence, paragraph, section or other part of this ordinance to any other persons or circumstances, shall be affected thereby. Section 4, The City Council officially finds, determines and declares that a sufficient written notice of the date, hour, place and subject of each meeting at which this ordinance was discussed, considered or acted .upon was given in the manner required by the Texas Open Meetings Act, as amended, and that each such meeting has been open to the public as required by law at aU times during such discussion, consideration and action. The City Council.ratifies, approves and confirms such notices and the contents. and posting thereof. The City Council officially finds, detennin~s and declares that sufficient notices of the joint public hearing Were given,. and the City Council ratifies, approves and confirms such notices, including the contents and the method in which they were given. Section 5. This ordinance shall become effective on the tenth day following its publication. as provided in the City Charter. 1""~::"'O;=----~ .=1='~:'~1 r."'..~...".~-...- ----. .nn CeUT -'Tlllilii:ililnlmm Sent by: Cole & Dougherty 713-880-1417 03/21/97 11:32 Job 709 Page 4/4 PASSED AND APPROVED ON FIRST READING, this .,;If'-1'ay of ~ ~ 19.u COWlcilmembers Voting Aye: Councilmembers Voting No: Councilmembers Absent: ,~/~ PASSED AND APPROVED ON SECOND READING, this LL day of ~. ,19'7 Councilmembers Voting Aye: CotUlcilmembers Voting No; Councilmembers Absent: Signed: ~ tJr~ Ma)or Attest: (Seal) ~~ City Attorney b33,54tkmlrg .""~'. ~ ,"-,':,:;:"--;:o,'.r-:"'=='=~i"'" r-,~,CC""~~~'~"m"~ 'ilT"..-------- '''!'TIllllnnlnll&lIIm. fj; ~f.J ~ '2.fft - 3-Vf17 Exhibit A Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard Houston, Texas 77005 March 24, 1997 Honorable Mayor & Members of the City Council City of West University Place 3800 University Boulevard Hou~on, Texas 77005 Subject: Final report on a proposal to amend the zoning ordinance of the City of West University Place, Texas ("City") to allow prior non-conforming status for certain structures on enlarged building sites To the Honorable Mayor & Members of City Council: The Zoning & Planning Commission of the City submits this, its final report, on the subject proposal, for the assistance of the Council as well as other interested persons. Scone of ProposaL The P..YIP-ose of the proposaJis to allow prior non- conforming ("PNC") status for certain structures on e!Jlarged building sites. This issue arose on February 13, 1997 when the Z&PC considered a proposal to replat three lots $to two. Under the Zoning Ordinance, the sizes of the yards (or "setbacks") are often determined by the size of the building site. So; when a building site is enlarged, the yards may also expand. In the February replatting case, both surviving lots would be enlarged, and the the yards would also expand. On one lot, the front yard would expand from 20 feet deep to 30 feet deep. As it happens, there is a house on that lot, and the house is set back about 20 feet. Expanding the front yard to 30 feet deep would put the house in violation of the Zoning Ordinance. L- The Z&PC does not believe this is a good result, because it would virtually prohibit the enlargement of some building sites. The proposed amendment would avoid this problem by granting PNC status to structures caught by an expanded yard caused by enlarging a building site.. The amendment would add a new subsection (d) to Section 12-102 of the Zoning Ordinance, as follows: (d) Enlargement of building site and yard A structure located in a yard (or "setback" area) in apparent violation of Table 7-2 acquires PNC status if: (i) after the 1987 effective date, the building site was enlarged in compliance with City ordinances, (ii) the enlargement of the building site also expanded the yard to include the structure, (iii) the structure was built before enlargement of the site, and (iv) the structure did not violate the yard (or "setback") regulations before the enlargement. The structure acquires PNC status only for non-compliance with Table 7-2. This amendment also addresses an enlargement of a building site resulting from the combination of two separate lots into one large building site. This has happened in the past, and it does not usually require replatting. Scope ofTnfonnation Reviewed The Commission has considered the proposed amendment as it would be applied in a specific case and has received input from the Building Division. At the joint public hearing on this matter held this date, the Commission received additional evidence. Approximately 40 persons attended the public hearing, and there were about four oral statements and no written statements submitted. The Commission has reviewed the City's Comprehensive Plan as well as the Zoning Ordinance and the Zoning District Map (which is not proposed to be changed). Findings And Recommendation The Commission: (i) finds that the proposed amendment would be consistent with the Comprehensive Plan and in the public interest, (ii) finds that the proposed amendment reaso:qably addresses circumstances which have arisen since the last comprehensive revision of the ordinance, (ill) makes its final recommendation in favor of the proposed amendment, and (iv) recommends that the City COlmcil adopt the amendment. The Vote. The following members of the Commission approve this preliminary report: Commissioners e~s I11t.HJJFb >--11111/:1 v / STJ314lcJ.1, GtLtt:p"J all voted "Aye," with Commissioners-~ - voting "No." l_________ __~~~__~_ ~"-7-::-,-'~- :-'!'~':'~--_:_T..'r. ---'~-~'I-~-~-'~~-- '-'I~Jlnll:~mllllrr:llI- Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS By: ML For the Commission ,- ---r~cc~c~~c~o_"-:'CC"~_''f1~.-~F~~_C'~ '" 'm''''I-' ---in ,. "TTn-!!l"lmmm