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HomeMy WebLinkAboutORD 1882 Regarding Variance LimitationsCity of West University Place Harris County, Texas Ordinance No. 1882 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS REGARDING VARIANCE LIMITATIONS; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. WHEREAS, the City Council and the Zoning & Planning Commission ("Z&PC") of the 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 re-formatted and re- adopted by Ordinance No. 1672, adopted March 12, 2001 and as subsequently amended ("Zoning Ordinance"); WHEREAS, the Z&PC has made a final report to the City Council with respect to such proposal, which report is attached as Exhibit A and made a part of this ordinance; and WHEREAS, the City Council has considered the report of the Z&PC as well as the City's Comprehensive Plan, and the City Council formally approves and adopts the report of the Z&PC; and WHEREAS, all notices, hearings and procedures relating to amending the Zoning Ordinance, as may be required by law, the City Charter or the Zoning Ordinance, have been duly given, held and followed, and the City Council has jurisdiction to amend the Zoning Ordinance as provided herein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE: Section 1. The City Council officially finds, determines, declares and adopts all of the matters set out in the preamble of this ordinance, and the Zoning Ordinance is hereby amended as recommended by the Z&PC, according to the Z&PC's final report in Exhibit A, which is attached and made a part of this ordinance for all purposes. 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 All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only.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 circumstance, 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 all 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, determines 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. CONSIDERED, PASSED AND APPROVED on first reading on October 27 , 2008. Councilmembers Voting Aye: Kelly, Fry, Talianchich, and Guffey Councilmembers Voting No: N/A Councilmembers Absent: Councilmember Cohen CONSIDE ED, PASSED AND APPROVED on second reading, AND SIGNED, on mO> Councilmembers Voting Aye: / Councilmembers Voting No: T Counci em ers Abse a Atte t: y Secretary (Seal) A9 Recommended: City Mana a Mi a Prepared by: James L. Dougherty, Jr. 1 N~~~s Mayor Approved as to legal form: City Attorney Alan Petrov Exhibit A Zoning & Planning Commission City of West University Place, Texas 3800 University Boulevard West University Place, Texas 77005 October 9, 2008 Honorable Mayor & Members of the City Council City of West University Place 3 8 08 University Boulevard Houston, Texas 77005 Subject: Final report on a proposal to amend the zoning ordinance of the City of West University Place, Texas ("City") relating to VARIANCE LIMITATIONS 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. Scope of Proposal. Sometimes, owners try to obtain variances for structures built in violation of a zoning ordinance. State zoning law makes this very difficult ---even impossible. The law requires both "special conditions" and an "unnecessary hardship" to support the granting of any variance. A "personal" or "self-created" condition usually does not count. In a 2006 variance case (called City of Dallas v. Vanesko), the Texas Supreme Court ruled that building a house in violation of a height limit was a "personal" or "self-created" condition that could not support the granting of a variance. In part, the Supreme Court relied upon language limiting variances in the Dallas zoning ordinance. This proposal would recognize the Supreme Court's ruling by putting similar language into the City's zoning ordinance. The new language would be as follows: A "special condition" or "hardship" that is self-created, personal or based only on financial reasons is not sufficient to support the issuance of a variance. This language reflects the traditional approach taken by the zoning board of adjustment in this city. The proposal would also clarify that the applicant carries the burden of proof when seeking a variance (or special exception). This, too, reflects actual practice at zoning board of adjustment hearings. Proceedings After Preliminary Report. Pursuant to public notices, the Zoning & Planning Commission and the City Council held a joint public hearing on September 8, 2008. The hearing provided an opportunity for parties in interest and citizens to be heard in relation to the proposal. At the hearing, City staff and legal counsel explained the proposal, and there was limited discussion. The Commission has considered all of this information and the Comprehensive Plan. Recommendation. Based on the review given this proposal, the Commission: (i) finds that the proposal would be in the public interest and consistent with the Comprehensive Plan, (ii) finds that the proposal reasonably addresses circumstances which have arisen since the last comprehensive revision of the zoning ordinance, (iii) makes its final recommendation favorable to the proposal, and (iv) recommends that the City Council adopt the proposal with no amendment, as shown in the attachment to this report. The Vote. This report was authorized by the Commission at its meeting held on the date of this report. The vote was as follows: Commissioners Brown, Clark, Duncan, Elkowitz, Mc Manus and Yehle voted "aye," Commissioner (s) -None- voted "no," Commissioner (s) -None- absent. Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS For the Commission Amendment relating to variance limitations Draft 5-8-08, recommended by ZPC 6-12-08 (preliminary) and 10-9-08 (final) Amend Section 11-102 as follows: Section 11-102. Findings; burden of proof. (a) Variances. The ZBA may not issue or modify a variance unless all of the following circumstances are present: (1) The ZBA has made all findings and determinations required by state law for the granting of a variance. A "special condition" or "hardship" that is self- created, personal or based only on financial reasons is not sufficient to support the issuance of a variance. (2) The ZBA has made any additional findings and determinations required by a specific provision of this ordinance which relates to the variance. (3) The variance has been reduced to writing and includes any conditions prescribed by the ZBA or required by this ordinance for the variance in question. (b) Special exceptions. The ZBA may not issue or modify a special exception unless all of the following circumstances are present: (1) The ZBA has determined that the proposed special exception will not cause any significant increase in on-street parking, will not cause any substantial traffic congestion, will not cause any substantial increase in traffic or an unreasonable burden upon utility systems or upon any other public facility or public service. (2) The ZBA has determined that the proposed special exception will be in harmony with the general purpose and intent of this ordinance. (3) If the proposed special exception involves a bar, the ZBA has found that the applicant has clearly demonstrated that there is a readiness, willingness and ability to comply with all applicable laws, rules, regulations and ordinances relating to alcoholic beverages. (4) The ZBA has made any additional findings and determinations required by a specific provision of this ordinance. (5) The special exception has been reduced to writing and includes any conditions prescribed by the ZBA or required by this ordinance for the special exception in question. (c) Burden of proof The applicant has the burden of presenting evidence to the ZBA and persuading the ZBA that: (1) each circumstance required for a variance or special exception is present: and (2) each required finding and determination is supported by substantial evidence.