HomeMy WebLinkAbout12191991 ZBA Minutesa~ • ~ y •
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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.
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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.
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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.
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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. ~~
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Secretary
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