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HomeMy WebLinkAbout091702 ZBA Minutes: ~ . ~ ~ • • 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. , , ~ • • 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'. •' ~ ~ • • • 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. -+ ' ~• • • • 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 • ~ • 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 c~~'r~: yi y ~•~n r7~ ~...~ At t: cretary ~