HomeMy WebLinkAbout06201991 ZBA Minutesr
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• ZONING BOARD OF ADJUSTMENT
MINUTES FROM JUNE 20, 1991
REGULAR SESSION
The Zoning Board of Adjustment meeting came to order at 7:30
P.M. with Acting Chairman Robert Heaton, Joe Webb, John
Pickul, Victor Hansen, and Teresa Fogler present. Sterling
Minor arrived at 7:50 P.M. Brent Sherrod, Director of
Engineering and Construction, Cecil Boles, Assistant
Building Official, and Elizabeth Bethune, Secretary, from
the City were present. Members introduced themselves, and
procedures were explained.
The first case on the docket was #91-7, 4212 Dartmouth.
Notices were read and participants were sworn in. Dr.
Rabih Darouiche, the owner of the property located at 4212
Dartmouth was present. Mr. Darouiche explained that for
safety reasons he wants to install an electric gate across
his driveway. Mr. Darouiche was denied a permit for the
electric gate because the electrical box which controls the
gate will protrude past the front building line.
• Cecil Boles gave the city's viewpoint: The projection
schedule will not allow the electric box for the gate to sit
in front of the building line.
Leo Shipman and Karin Echols Shipman, the residents at 5424
Fairmont wrote a letter in favor of the electric gate.
Michael Henderson the resident at 4216 Dartmouth wrote a
letter in favor of the electric gate.
The second case on the docket was #91-8, 5902 Community.
Notices were read and participants were sworn in. Harry
Sedue was present, representing John Sylvester, the owner of
the property located at 5902 Community. Mr. Sedue explained
that Reliance Construction has a contract with the City of
West University Place to install water lines. Reliance
construction uses the lot located at 5902 Community to store
their equipment. Mr. Sedue said Reliance construction
wants the property to be considered as a municipal use,
because they have a contract with West University.
Cecil Boles gave the City's viewpoint: The city needs to
know if the Zoning Board of Adjustment considers the
property located at 5902 Community to be under municipal use
at this time.
• The consensus of the board was that 5902 Community was not a
municipal use, but they would consider granting a variance
to allow the equipment to be store on the property.
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• Linda Lamb, the resident at 5908 Community was opposed
to granting the variance.
Randall Glash wrote a letter commending Reliance
construction for neatness when they worked near his home.
Bob Simpson, Deputy Director of Public Works/Utilities for
the City of West University Place, wrote a letter in favor
of a variance to allow Reliance Construction to continue
storing equipment on the property located at 5902 Community.
The third case on the docket was #91-9, 3724 Albans. Notices
were read and participants were sworn in. Marshall Willis of
Jonathan Marshall Homes was present, representing David
Beal, the owner of the property located at 3724 Albans. Mr.
Willis explained that he wanted to build a new house on the
property located at 3724 Albans and he wanted the house to
face Albans with a rear setback of 10 feet. Mr. Willis said
he came before the Zoning Board of Adjustment for them to
decide the setbacks for the property.
Cecil Boles gave the city's viewpoint: Due to the unusual
configuration of the subject property, the city is asking
the Zoning Board of Adjustment to determine the setbacks.
~ Philip Nickman, 3704 Wroxton, spoke in opposition to a
less than 20' setback on Wroxton.
David Burman, 3727 Albans, spoke in opposition to a less
than 20' setback on Albans.
Ralph Goldsticker, 3736 Wroxton, spoke in opposition to a
less than 20' setback on Wroxton.
Cecil Ulmstead, 3711 Wroxton, spoke in opposition to a less
than 20' setback on Wroxton.
Alva Davis, 3742 Wroxton, spoke in opposition to a less than
20' setback on Wroxton.
Carol Garnett, 3715 Wroxton, spoke in opposition to a less
than 20' setback on Wroxton.
Martha Yates, 3724 Wroxton, spoke in opposition to a less
than 20' setback on Wroxton.
The last case on the docket was #91-10, 4004 Bellaire. The
applicants involved in this application were not present.
• Joe Webb made motion seconded by John Pickul to close the
public portion of the meeting. Motion carried.
Motion was made by Sterling Minor to take a five minute
break and motion was seconded by Joe Webb. Motion carried.
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• The discussion portion of the hearing began when the members
reconvened at 9:00 P.M.
After a brief discussion on #91-7, John Pickul made motion
seconded by Joe Webb to allow a gate operator box no more
than 24"x18" to sit in the front setback. Motion carried
unanimously.
Discussion of #91-8: Joe Webb made motion seconded by
Sterling Minor to allow Reliance Construction to store
equipment on the property located at 5902 Community for a
period of 180 days, but there must be a buffer created at
least 10 feet inside the property line on the south side of
the property. Motion carried unanimously.
After a long discussion on #91-9, Sterling Minor made motion
seconded by Teresa Fogler, that the following absolute
building lines apply allowing for no projection except as
proposed: 18' setback along Albans, 18' setback along
Wroxton, 25' setback on the tangent point where Wroxton and
Albans meet, 5' along the property line between the subject
property and lot 4 and lot 6. The exception projections
include fencing to the property line between the subject
property and lot 4 and lot 6. Patio, sidewalk, and driveway
• are to be as prescribed in the present projection schedule
with a maximum of 800 sq.ft. allowed. Eaves and cornices as
allowed in the projection schedule with the following
matters of clarification: Garage is to be built at least 3
feet behind the 18' projection line along either street,
there shall be no circular driveway allowed, the property
will maintain the present address of 3724 Albans, all other
restrictive portions of the Zoning Ordinance still apply,
and these restrictions only apply to the setbacks and
projections. Motion carried unanimously.
Motion was made by Sterling Minor and seconded by Teresa
Fogler to approve the minutes for May 16, 1991. Motion
carried unanimously.
Motion was made by John Pickul and seconded by Joe Webb to
adjourn the meeting. Motion carried and the meeting
adjourned at 10:05 P.M.
Chairman
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Attest:
Secretary