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HomeMy WebLinkAbout12191991 ZBA Minutesa~ • ~ y • . ~ • • ZONING BOARD OF ADJUSTMENT MINUTES FROM DECEMBER 19, 1991 The Zoning Board of Adjustment meeting came to order at 7:40 P.M. with Chairman, Sterling Minor, Robert McBride, John Pickul and Frank Billings present. Ed Beasley, Building Official, Mike Tanner, City Manager, and Susan Thorn, Building Secretary from the City were present. Members introduced themselves, and procedures were explained. The first case on the Docket was 91-23, 6705 Rutgers, S 55' of the N 100' of Lot 4, Block 41, West University Place. Notices were read and participants were sworn in. Pat Foster, Construction Manager of Streller Homes was present representing David F. and Caroline D. Marr, Owners of the property. • Mr. Foster explained that the Owners wished to build a split driveway around a large pecan tree in order to save the tree. This would make the driveway 7 feet across on the right side of the tree. If the tree were to die and the area where it now stands be paved, the driveway would then be wider than the 20' allowed by ordinance. He said that Mr. and Mrs. Marr planned to plant another tree if the tree should die. Mr. Beasley, Building Official spoke in opposition. He explained that 7 feet on the right side of the tree is not a usable driveway, not being wide enough for a vehicle to drive through. The concrete would probably end up killing the tree and a straight driveway which was shown on the original plans is more practical. The driveway should be placed as close as possible to the house. Michael Walsh - 3002 Pittsburg spoke in opposition. John Pickul made motion seconded by Frank Billings to close the public portion of the hearing at 8:02 p.m. Vote was unanimous. The second case on the Docket was 91-24, 4210 Tennyson, Lot 10, Block 16, Colonial Terrace Addition. • 7 . .., . • ~ U Bob Prejean, Registered Land Surveyor with Prejean & Company, Inc. representing Milad W. Nassar, owner of the property explained that Richmark Homes constructed a brand new house on the property at 4210 Tennyson. Mr Prejean had done the survey on the property using historical monumentation and felt at the time the survey to be correct. Mrs. Phyllis Cole of 4211 Coleridge, owner of property directly behind 4210 Tennyson had a dispute with Mr. Nassar over the location of a fence being constructed and took Mr. Nassar to court. The court held the survey to be incorrect and found in favor of Mrs. Cole. This now left rear lot line to 1.4' + south of monumented position and the garage structure now encroaches into the rear set back line and 5' utility easement. He also explained that this was a problem with several different properties along the same street. The garage if allowed to stand in its present position would encroach into the utility easement, but not over the portion were utilities were present. They are asking for a variance to allow the garage to remain standing where it is. Mr. Prejean did not have a copy of the judgement. City Attorney, Jim Doughtrey explained that a subdivision plat determines where the City Easement is. Mrs. Phyllis Cole - 4211 Coleridqe, explained that the problem came • to light when she questioned the location of a fence being constructed. Susan Ohsfeldt - 4101 Tennyson, explained she had come across as a Realtor, cases such as this one. Mr. Beasley explained that ordinance does not allow a permanent structure, such as a garage to encroach into a utility easement and into a setback line. Frank Billings made motion, seconded by John Pickul to close the public portion of this hearing at 8:40 p.m. and reconvene at 8:45 p.m. Vote was unanimous. The third case on the Docket was 91-25, 3033 Carnegie, Lot 7, Block 6, West University Place lst Addition. Notices were read and participants were sworn in. David Allums, attorney for Mr. Lester Smith, owner of the property presented Exhibits 1 thru 8. (A copy of these exhibits are included with these minutes). Mr. Smith is requesting a special exception so that he can build his house beyond the required setback for a rotated corner lot. Exhibit No. 1 was a copy of a letter from the Zoning and Planning Chairman addressed to Sterling Minor, Chairman of the Zoning Board • of Adjustment dated September 19, 1991 regarding the approval of a plat with a 10 foot side setback if the Zoning Board of Adjustment ("ZBA") found that Mr. Smith's lot was an "original corner lot" or otherwise permits a 10-foot side setback by reason of Mr. Smith's request for a variance. ~ . .. r~ L_J • • • Exhibit No. 2 was a copy of the definition of a rotated corner building site from page 1764 of the Zoning Ordinance. Exhibit No. 3 was a copy of the definition of a subdivided lot. He pointed out the second sentence that states " In existence as a separately-owned and separately described lot or parcel continuously since September 12, 1983". Exhibit No. 4 was a copy of the minutes of the Zoning and Planning Board from February 25, 1950 where a Mr. J. R. Winston, owner of the west 140 Ft. of Lot 7, Block 6, West University First Addition, requested permission to resubdivide this property into two lots 70 x 100 ft. lot to front north on Carnegie Street. Exhibit No. 5 was a copy of a Comprehensive Plan Appendix B of the City of West University Place. Exhibit No. 6. was a copy of the 1987 Zoning Map for the City of West University place. Exhibit No. 7 from the South Western Reported, 2d series states that "Zoning Regulations interfering with property rights are invalid is founded upon purely aesthetic consideration." Exhibit No. 8 is a proposed motion to consider 3033 Carnegie an original corner lot with the following setback lines: a) West side setback line - 5 feet b) North front setback line - 20 feet c) East side setback line - 5 feet d) South back setback line - 5 feet Mr. Smith is unable to build the home he desires because of restrictions imposed on him if this is considered to a be a rotated corner lot and not an original corner lot. Mr. Ed Beasley explained that Mr. Smith's application for permit was denied because Section 7-100 E(iii) of the Zoning Ordinance requires a 15' side setback and Section 16-102 A& B for front and side street setbacks. The plans were originally reviewed and denied by Cecil Boles, Building Inspector and Mr. Beasley concurred with him on his decision. Mr. Jim Tyler, attorney for Mr. and Mrs. Lige Sandlin, owners of 6615 Vanderbilt presented Exhibits 1 thru 10. He explained that Mr. Smith's request for variance, if granted should meet requirements setforth in exhibits. Request should not be contrary to public interest and hardship other than monetary should be shown. ~ U ~ • ' • • • Traffic Engineering Study done by Traffic Engineers, Inc. shows the dangers of a vehicle backing onto Vanderbilt creating a serious hazard that would be a result of the proposed garage and proposed fence. (A Copy of this report is included in Exhibits 1 thru 10. A Botanical Study done by Botanical Research Laboratory showed that the trees lining Carnegie would be in jeopardy if the house were to built that close to the street. Mr. Tyler also explained that he felt financial hardship, such as monies spent drawing up plans should not be considered. The following residents spoke in opposition: Joan McCay - 3029 Carnegie, who presented a petition with signatures of a 143 residents in opposition, along with photographs of the lot in question. Linda Day - 4224 Lehigh Nick Angelos - 6623 Vanderbilt Mrs. Burges -6543 Vanderbilt Susanna Wong - 6518 Rutgers Priscilla Schubee - Rutgers ~ • Jo Sandlin - 6615 Vanderbilt Susan Ohfeldt - 4101 Tennyson Richard Larry - 2101 Jarrard Betty Bushong - 3001 Carnegie Steve Saxe - 2716 Quenby Peggy Caskey - 6402 Belmont David King - 3111 Wroxton Jim Landry - 3016 Carnegie John Pinole - 3017 Albans Richard Edleman - 6535 Vanderbilt Jack Carter - 4137 University John Yow - 4137 University Gordon Nees - 3707 Carnegie Frank Billings made motion to close public portion of hearing, seconded by John Pickul. Motion was unanimous. The last case on the Docket was 91-26, 2924 Jarrard Street, Lot 15, Block 9, Rice Court Addition. Notices were read and participants were sworn in. Paul Cones of Able Permits - agent for Mr. and Mrs. Milton H. Anderson, owner of 2924 Jarrard explained that a garage had been permitted and built without any problems. A problem was discovered when in the house was to be sold and a new survey was done by the Title Company and the new survey showed the garage with quarters • was encroaching 2 feet into the required 5' rear setback and easement area. Mr. Ed Beasley, Building Official explained that the garage was built according to the original plans and survey and the problem was brought to his attention by Mr. Cones of Able Permits when he applied for an Acquiescence to Encroachment. Dr. Milton Anderson, owner of the property, now a resident .,explained that t~ problem has created a h~ship for him and his .~ family and that had all necessary inspect ns done and permits taken out and met no obstacles at the time the garage was built. ~ Rich Larry - 2101 Jarrard spoke in favor of. Frank Billings made motion seconded by John Pickul to close the public portion of the meeting at 12:10 a.m. The meeting reconvened at 12:15 a.m. Frank Billings made motion, seconded by John Pickul to waive procedures and go ahead and hear cases out of order. After a brief discussion of Docket No. 91-26, Frank Billings made motion to grant a variance, as long as if a new garage were ever built that the new structure would be moved. Motion seconded by John Pickul. Motion was unanimous. Motion was made by Frank Billings to proceed with the next case, 91-25. Motion was seconded by John Pickul. Motion was unanimous. After a brief discussion as to whether this was a rotated corner building site or an original corner lot it was found to be a rotated corner lot. John Pickul made motion to deny variance, motion seconded by Robert Mc Bride. Motion was unanimous. After a brief discussion of 91-23 concerning the split driveway, Robert Mc Bride made motion to deny variance because of failure to • show hardship, seconded by John Pickul. Motion was unanimous. After a brief discussion motion was made by Frank Billings, seconded by Robert McBride to postpone a decision on 91-24 until the next regular session on January 16, 1992 and until a copy of the judgement could be provided. Motion was unanimous. Motion made by John Pickul, seconded by Frank Bi~/l.ings to adjourn meeting at 12:50 a.m. Motion was unanimous. ~~ irri~an At st: Secretary •