HomeMy WebLinkAbout091702 ZBA Minutes: ~ . ~ ~ •
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ZONING BOARD OF ADJUSTMENT
MINUTES FROM SEPTEMBER 17, 1992
REGULAR SESSION
7:30 P.M.
The Zoning Board of Adjustment came to order at 7:30 p.m. with the
following Members present: Sterling Minor, Chairman, Frank
Billings, Vice-Chairman, Robert Mc Bride and Teresa Fogler. Ed
Beasley, Building Official and Alice Benson, Secretary were present
from the city. Members introduced themselves and procedures were
explained.
No residents were present to express opinions on items not on the
agenda.
The first case on the docket was #92-09, 3724 Albans, Lot 5, Block
6, Sunset Terrace Addition, Section 9. Notices were read and
participants were sworn in.
Terry and Martha Yates filed an appeal based on the interpretation
made by the Building Official on July 21, 1992, as the the front,
rear and side setbacks on 3724 Albans.
• Mr. Yates explained to the board that he and his surrounding
neighbors were not comfortable with the set backs designated by the
Building Official. Mr. Yates further explained that the house
could have easily fronted on Wroxton as well as Albans and then the
neighbors facing Wroxton would have been unhappy.
By presenting this petition, he emphasized that all interested
parties had reached an accord by proposing setbacks that were
mutually pleasing for the neighbors as well the home builder,
Harlan Smith. The petition calls for a 15' front set back line
along Albans, a 14' front set back line along Wroxton, a 20' front
setback line from the curved property line between Albans and
Wroxton (as presently designated by the Building Official), a rear
set back of 7 1/2' along the common lot line of Lot 6 and Lot 5 and
a rear set back of 10' along the common property line of Lot 4 and
Lot 5. By centering the house, the overall visual effect was
balanced and all parties felt accommodated.
When asked about the city's viewpoint, Ed Beasley stated that he
had received a letter from David Beale (the current owner)
requesting that he establish setbacks for this irregular lot.
As done in the past, Mr.Beasley established Albans as the front and
proceeded to set the remaining setbacks. After he established the
setbacks, he received telephone calls and correspondence
(application of appeal) in opposition.
• Motion was made by Teresa Fogler at 8:20 p.m. to close the public
portion of the meeting. Frank Billings seconded the motion.
Voting in favor was unanimous.
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• A short break was taken. Meeting was called to order at 8:28 p.m.
Members re-introduced themselves and procedures were explained.
Notices were read and participants were sworn in.
The second case on the docket was # 92-10, 2720 Amherst, Lot 17,
Block 7, Virginia Court, filed by Christopher Brown. Mr. Brown
requested a variance to reduce his side set back from 7' to 5'.
He stated that a side set back of 7" would create a hardship to
construct a garage on his property, with the way his existing house
is currently situated. He explained to the board that his home was
built facing Amherst, which is also the widest portion of the lot.
His lot size is 100' X 71'and the existing garage encroaches on
both the side and rear set back. He proposes to demolish the
existing garage in disrepair and rebuild a new one 5' from the east
side property line. He explained that the additional 2' is
necessary for clearance of lawn equipment and bicycles. Without
the extra space, he would have to back the car out of the garage to
gain access. When questioned about the extra building space above
the garage, he reiterated that the hardship centered around the
ground floor and was not concerned with the possibility of losing
the 2' on the second floor.
Frank Billings made the motion to close the public portion of the
hearing at 8:50 p.m. Robert Mc Bride seconded the motion. Voting
• in favor was unanimous.
Chairman Minor called for a short break. Meeting reconvened at
8:53 p.m. Members reintroduced themselves and procedures were
explained. Notices were read and participants were sworn in.
The third case was # 92-11, 6732 Stella Link, Lot 2,3,4,5 & 6,
Block 6 and all of Block 2, Cunningham Terrace Addition filed by
Reid Friedman for Nationsbank. David Trevino, representing
Nationsbank, requested a variance for the following items: to have
the bank's front entrance situated on the property line in lieu of
placing it back 10', to have a 6'overhang (canopy) over the night
deposit/ATM and to have a 2 1/2' projection for the night
deposit/ATM. When asked why he needed these variances, he stated
that if he moved the building back 10', then it would eliminate one
stacking lane for traffic (6 car spaces) and could create
congestion. The canopy provides protection in inclement weather as
well as safety protection for motorists. The 2 1/2' projection for
the night deposit/ATM is designed to prevent motorists from
sideswiping the corner of the building.
In response to the 10' required setback, the city's position is
that the lot is triangular shaped and that portion of the parking
lot which lies in Single Family District can be used for either a
parking lot or single family dwelling (Ordinance 940). The request
for the canopy overhang in the 30' required setback is addressed in
• the Zoning Ordinance Section 8-100, which allows the ZBA to make a
special exception when there is a major thoroughfare (Stella Link)
and there is a setback of at least 10'.
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• Frank Billings made the motion to close the public portion of the
hearing at 9:20 p.m. Teresa Fogler seconded the motion. Voting in
favor was unanimous.
The fourth case was # 92-12, 3512 Cason, Lot 1-B (West 50' of Lot
1), Block 37, West University Place First Addition. The home
owner, Michael Hines has requested a variance to allow an existing
structure larger than 600 square feet to remain standing. He
recently purchased the property adjacent to his primary residence
and plans to demolish the garage on the property. A building site
must have garage space. However, the Hines wish to essentially
combine the present two building sites into one, after demolition
of the garage. As one building site, the existing structure would
be classified as an accessory quarters, under the ordinance the
size is of which is limited to a maximum of 600 square feet. The
current structure in question is approximately 1100 square feet.
He proposes to have his children's nanny reside in the quarters
that is currently well maintained and functional. He does not
intend to rent the structure out.
Ed Beasley stated that the building would present a violation to
the code; accessory quarters are limited to 600 square feet. Mr.
Beasley requested that if the variance is granted then the
structure should have a standard housing inspection done to ensure
• housing code compliance.
All written correspondence pertaining to the the variance has been
positive; the neighbors want to see the structure remain, even if
it is larger than what is currently stipulated in the ordinance.
Frank Billings made the motion to close the public portion of the
hearing at 9:40 p.m. Teresa Fogler seconded the motion. Voting in
favor was unanimous.
Chairman Minor called for a short break and reconvened at 9:43 p.m.
Procedures were explained, notices were read and participants were
sworn in.
The last case on the docket was # 92-13, 3936 Southwestern, Lot 18,
Block 4, Collegeview Addition. David Bauer with Norwood Homes
filed the request which would authorize the use of the 2.5'
easement as part of the required 5' setback. This 2.5' was
conveyed to Harris County in the 1940's and was intended primarily
for paving purposes and not for the widening of Weslayan. He
informed the board that there were at least six other homes in the
immediate vicinity that had problems involving the dedication of
this easement.
The city's position is that although the county still feels it is a
valid dedication, it is sporadic in location and only shows on some
~ of the lots in the area. Thus, there is no possibility of the
easement actually being used for street widening. This request for
variance aligns with Docket # 92-02, 3933 Oberlin.
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• Robert Mc Bride made the motion at 9:50 p.m. to close the public
portion of the hearing. Teresa Fogler seconded the motion. Voting
in favor was unanimous.
The board opted to start deliberations on voting without taking
further breaks.
In Docket # 92-09, the board discussed whether the Building
Official's interpretation as to the front, rear and side setbacks
was correct or to modify his decision with information presented by
the neighbors or to continue with the setbacks established by the
Board approximately a year ago. It was determined by the Chairman
that the board has authority to interpret the Zoning Ordinance,
which includes creating stipulations to grant relief.
Teresa Fogler made the motion to grant an appeal for relief and
adopt the setback restrictions detailed in the resident's August
17, 1992 letter which states there will be a 15' front setback on
Albans, a 14' front setback on Wroxton, a 20' front setback from
the curved property line between Albans and Wroxton (as presently
designated by the Building Official), a rear setback of 7 1/2'
along the common line of Lot 6 and Lot 5 and a rear set back of 10'
along the common line of Lot 4 and Lot 5. She also included a 120
day time frame to begin construction with this specified set of
• plans. Robert Mc Bride seconded the motion. Voting in favor was
unanimous. Docket 92-09 closed at 10:25 p.m.
In Docket #92-10 the board discussed setbacks on this particular
request for variance and Chairman Minor stated that the Ordinance
specifically scaled down setbacks when lots got smaller and that
these two 100' lots on Amherst were "quirks". Teresa Fogler
mentioned how much larger Mr. Brown's house could have been if he
leveled his existing home and rebuilt. In conclusion, Mr. Brown's
hardship centers around the fact that he is deprived of a
functional garage due to the way his existing home is situated on
his lot.
Frank Billings made the motion to grant the variance to allow Mr.
Brown a 5' side setback instead of a 7' setback to build his garage
and second floor addition. Robert Mc Bride seconded the motion.
Voting in favor was unanimous at 10:45 p.m.
In Docket # 92-11 the board discussed the zoning restrictions.
Teresa Fogler stated that the portion of the property.zoned for
Single Family District was never going to be used as such and that
it would always be a parking lot. In treating the designated area
as a Single Family residence with the appropriate setbacks, the
effect would be to only make an already large parking lot even
larger. Therefore, in actuality, this particular area should be
~ deemed commercial.
Frank Billings made the motion to grant the variance except for the
following condition. He stated that the overhang canopy should
stay as originally proposed; 6'of canopy should offer enough
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protection against the elements as well as safety for motorists.
He specified that the night deposit/ATM could only project out a
maximum of 8", not 2 1/2'. Teresa Fogler seconded the motion.
Voting in favor was unanimous at 10:53 p.m.
In Docket # 92-12 the board discussed all the relevant facts and
Frank Billings made the motion to grant the variance with the
following conditions: 1) The existing house (also known as the
"accessory quarters") have a standard housing inspection done to
ensure it meets all codes of the city. 2) The two lots remain
under the same ownership. 3) In the event that the present
structure is torn down, then its replacement must meet all
ordinance requirements as an accessory building. 4) The structure
must never be rented. 5) Such conditions be made record of Harris
County. Teresa Fogler seconded the motion. Voting in favor was
unanimous at 11:01 p.m.
In Docket # 92-13 the board discussed the same situation on 3933
Oberlin and Frank Billings made the motion to grant the variance
with the following condition: the property can't be built on or
enclose the 2 1/2' area outside the 47.5' without written
permission of Harris County. Robert Mc Bride seconded the motion.
Voting in favor was unanimous at 11:09 p.m.
~ Prior to closing the meeting, Frank Billings made the motion to
approve the amended minutes from the June 18, 1992 meeting. Robert
Mc Bride seconded the motion. Voting in favor was unanimous at
11:15 p.m.
Frank Billing made
the motion. Voting
11:16 p.m.
the motion to adjourn. Teresa Fogler seconded
in favor was unanimous. ~Meeting adjourned at
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