HomeMy WebLinkAboutMinutes Mr. Taylor made the motion tatuthorize a variance to the landscaping- quirements form the terms of
this Ordinance as it will not be contrary to the public interest, due to the following special conditions:
the property is burdened by an easement which is a drainage collection for adjacent property; and
)because a strict enforcement of the provisions of the Ordinance would result in unnecessary hardship to
this applicant being: it would be difficult to successfully maintain in a flood collection area; and such
that the spirit of the Ordinance shall be observed and substantial justice done. Mr. Braune seconded
the motion, which passed(4-1). Denise Whisenant voting against granting the variance.
AGENDA ITEM NO. 5: Public hearing, presentation, possible action, and discussion to
consider a parking variance for 1200 University Drive East, Lot 1, Block 1, in the Wheeler
Subdivision Phase 2. Applicant is Rabon Metcalf Engineering for Mae Dean Wheeler. (05-214)
Staff Planner Jennifer Reeves stated for clarification that the request is for parking setback variance.
Ms. Reeves presented the staff report and stated that the applicant is requesting a front setback, for
parking along Lincoln Avenue, of 10-feet from the parking area, instead of 20-feet that is required in
Section 5.8.A.1 Setbacks. The property is located in the Corridor Overlay District.
For Special Conditions the applicant states that "the subject property is encumbered by multiple items
which restrict the developable and buildable area" The items are summarized as follows:
A secondary drainage way, flowing south to north, bisects approximately through the middle of the
property;
An unnamed tributary of Burton Creek, located in the secondary drainage system, bisects the northern
1/3 of the property. This creek drains from west to east and is a studied creek with mapped floodway
}and floodplain. This floodway is located in a platted variable width drainage easement which is
significantly wider than the studied floodway;
A 30-foot wide gas easement, running north and south, bisects approximately through the middle of
the property; and
A 20-foot wide sewer easement, running west and east, bisects the northern 1/3 of the property.
As a hardship the applicant states that the "Reasonable development of the land would be significantly
decreased and undesirable due to the reduced buildable area and locations for accessory uses on the part
of the multiple encumbrances and the required corridor setback increases".
Staff supports the applicant's special condition and hardship, of existing floodway, floodplain and
drainage way that bisects the subject property and inhibits the developable area.
The setback for parking that is not located in an Overlay District is 10-feet from a right-of-way. The
subject property is located in the Corridor Overlay District and is required by Ordinance to provide a
20-foot parking setback if parking is located along the right-of-way. Because of the above mentioned
special conditions and hardships and the applicant still meeting the spirit of the Ordinance by providing
a 10-foot parking setback, staff recommends approval of this variance request.
ZBA Minutes January 10,2006 Page 3 of 8
Chairman Goss asked for Ms.'ieeves to give the Board and citizens ah overview of what the Overlay
District purpose is. Ms. Reeves stated that the is district was established to enhance the image of
gateways and key entry points into the city and to provide openness and continuity, as well as more
green space between the developments.
Chairman Goss opened the public hearing.
Rabon Metcalf, the applicant, stepped before the Board and was sworn in by Chairman Goss. Mr.
Metcalf spoke in favor of the request. Mr. Metcalf stated the area that they are requesting the variance
for is not along the University Drive Overlay District. The Overlay District extends to the area along
Lincoln Avenue which is not a gateway into the city. Mr. Metcalf added that all they are asking for is a
variance to the position that the cars are parked. He further added that the site plan for the property has
not been submitted to the city and it could change from what is being shown now. The use will not
change unless they ask for a zoning change.
Mr. Richards stated that he has a hard time approving something without an approved site plan.
The Board had several questions concerning the site plan. Mr. Metcalf dedicated time explaining what
the applicant hoped to accomplish. Mr. Metcalf stated that from the back of the curb on Lincoln to the
back of the curb for parking they will have 20-feet of green space.
Ron Cowe, 1919 Whitney, Houston, Texas, spoke in favor of the request.
Those speaking in opposition were:
Cyril Hosley, 911 Grand Oaks
Pete Normand, 918 Grand Oaks
Chairman Goss asked for clarification if the variance was for both University and Lincoln Drives. Ms.
Reeves state that variance request if only for along Lincoln Drive.
Chairman Goss closed the public hearing.
Mr. Goss made the motion to authorize a variance to the parking requirements from the terms of this
ordinance as it will not be contrary to the public interest, due to the following special conditions:
various drainage ways and various easements cross the property which limit the ability to develop the
area: and such that the spirit of the ordinance shall be observed and substantial justice done subject to
the following limitations: variance relates to the southern border of the overlay district to green space on
Lincoln Avenue. The variance is only for Lincoln Avenue. Motion was seconded by Donald Braune.
The Board voted(4-1). Mr. Richards voting against granting the variance.
AGENDA ITEM NO.6: Public hearing, presentation, possible action, and discussion to
consider a parking variance for 1351 Earl Rudder Freeway South. Lot 2, Block 1, in the High
Ridge Subdivision. Applicant is Natalie Ruiz, IPS Group—Planning Solutions. (05-215)
Staff Planner Lindsay Boyer presented the staff report and stated that the applicant is requesting the
parking variance to reduce the number of required parking spaces for a proposed furniture store
development located north of the Varsity Ford development.
ZBA Minutes January 10,2006 Page 4 of 8