Loading...
HomeMy WebLinkAbout05-15-1986 ZBA Minutes3 ~ REGULAR MEETING ZONING BOARD OF ADJUSTMENT MAY 15, 1986 The Zoning Board of Adjustment of the City of West University Place, Texas convened in regular session at Parish Hall, St. George Orthodox Church, 5311 Mercer Street, Houston, Texas 77005 on Thursday, May 15, 1986, 7:30 p.m. with the following members present: Chairperson Billings, presiding; members Opal McKelvey, John Maloney, Sterling Minor; alternate members Robert Heaton, John Pickul and Doris Marshall. Chief Building Inspector, Wayne E. Perry, was also present. Chairperson Billings ascertained that Notice of Meeting had been posted at the City Hall on May 12, 1986; Notice of Public Hearing published in The Houston Chronicle on April 30, 1986 and Notice to Interested Property Owners mailed on April 29, 1986. Chairperson Billings introduced himself and gave his address in the City, followed by other members of the Board and administered the oath to all those present desiring to speak. Prior to the opening of the Public. Hearing, Mr. Robert Crain, member of the Board,. arrive and .introduced himself. Motion was made, seconded and carried, to open Public Hearing to consider appli- cation 486-2 from John B. Young to locate swimming pool equipment within street side setback area on: Lot 20 Block 10 Belle Court Addition 2701 Centenary Mr. John Young stated to the Board that he had wanted to build a swimming pool and locate the pool equipment within the street side setback area. Mr. Young stated that they are requesting a variance to locate the pool equipment within the setback, because he does not think it violates the spirit of any of the regulations of the City.. The reason for wanting to locate the equipment in this area is the equipment could not be placed under the stairs from the garage, since the heater would be in violation of the fire code. The only other alter- native would be to put the equipment in back of the house where the air condi- tioning equipment is, but this location is too far away and based on the con- tractor`s experience this would just invite problems with the equipment so far away. Mr. Young further stated that the property is adjacent to Annapolis with no neighbors beside the property, plus the equipment is hidden by a fence with a gate so not to cause any interference existing or entering in case of fire or an emergency. Board members then questioned Mr. Young on why he could not relocate the equip- ment within the side setback requirements. Chairperson Billings then ascertained if there was any correspondence in favor of the application or anyone wishing to speak were invited to do so; there were none in favor. 0 ~~ ~~ Chief Building Inspector, Wayne E. Perry, stated the reason the permit was denied was because under the provisions of the Zoning Ordinance a 5'0" setback is requir- ed for corner lots from the streetside property line for any structure or equipment. 235 Chairperson Billings read the following letters received in opposition to the application docketed no. 86-2, dated May 5, 1986: "I am opposed to the variance being granted to John B. Young on property situated in the III Zoning District and located at 2701 Centenary, Houston, Texas. Jerrel C. and Betty G. Nash 2817 Arbuckle, Houston, Texas" "I am opposed to the variance being granted to John B. Young on ~' property situated in the III Zoning District located at 2701 Centenary, Houston, Texas, as described in this letter. Mrs. C. R. Lewis (Alice H.) 2724 Arbuckle, Houston, Texas" Upon motion duly made, seconded and carried, the Public Hearing docketed no. 86-2 was closed. A discussion was then held by Board members where it was the consensus of opinion that the equipment could be placed in a number of locations other than the setback, including on the side next to the deck or on the end next to the stairs and next to the house. It was further pointed out that the swimming pool and deck could be made smaller. It was further pointed out that the lot could be used without a swimming pool, so literal enforcement would not cause undue hardship. Mr. Minor made a motion that application docketed no. 86-2 from John B. Young to place swimming pool equipment into the side setback on Lot 20, Blk. 10 Belle Court Addition 2701 Centenary be denied, inasmuch as applicant failed to show that literal enforcement of the Zoning Ordinance would cause undue hardship since there were a number of alterna- tives to placing the equipment in the setback. Motion seconded by Mrs. McKelvey. Voting Aye: Billings Voting No: None Crain Maloney McKelvey Minor Motion was made, seconded and carried, to open Public Hearing to consider applica- tion docketed no. 86-3 from James W. McDaniel to construct a fence in front of the main front wall of the house located at: N125' of Lot 4, Blk. 42 WtJP 1st Addition 3323 Cason 236 Chairperson Billings ascertained that Notice of Public Hearing had been posted at the City Hall on May 12, 1986; Notice of Public Hearing published in The Houston Chronicle on April 30, 1986 and Notice to Interested Property Owners mailed on April 29, 1986. Chairperson Billings introduced himself and gave his address in the City followed by other members of the Board and administered the oath to all those present desiring to speak. Mr. James McDaniel presented to the Board a statement which was read into the record: "Subject: Appeal for Variance Ref: Appeal No. 86-3, Dated 4-14-86 Basically, the need for my requesting a variance is the result of two errors by the City Building Inspector's office. In September, 1985, I applied. for a permit to build the fence in its present location and provided a plan showing the fence in line with what I thought was the front of my house. The permit was approved at that time, apparently in error. When the fence posts were put up, the inspector discovered the error and tried to stop construction. Unfortunately, he was told that I lived on Riley Street and delivered the stop work order to that add- ress. .Consequently, the fence was completed before I found out that it was in violation of the building code. The section of fence in question faces Cason and runs from the north- east corner of my house to my east property line. I believe the variance should be granted for two reasons: 1. The fence is in line with what I truly thought was the front of my house. The porch was enclosed by the pre- vious owner, Mrs. Irene Oliver, before I bought the house, and it has always been a part of our living area. I acted in good faith and believed that I was in compli- ance with the building code. 2. The Building Inspector's office made errors that permitted the fence to be completed in violation of the building code. In order for me to correct the violation at this time will cost me close to $1,000. This would penalize me harshly for the city's mistakes. Thank you, Jim McDaniel 3323 Cason" Mr. McDaniel also presented to the Board the original plan submitted to the Inspection Office for the fence permit. After questioning and discussing the application with Mr. McDaniel, Chairperson Billings read the following correspondence in favor of granting Mr. McDaniel the variance: "I believe that a variance should be granted to Mr. McDaniel at 3323 Cason. It is a very nice fence and should be allowed to stand. Sincerely, Nessie Minge Wendt 6646 Westchester May 7, 1986" ~' 0 2 3'7 "I would like to advise you that I have no objections to the variance requested by the McDaniels family. I feel that they have done more to maintain the character of West University Place by not drastically remodeling their older home. Their fence. goes more with the neighborhood look that we are trying to maintain than any I have seen being built recently. Please consider my opinion in making your decision. Sincerely, Patsy Jones 6635 Westchester May 9, 1986" "This note is support of Mr. Jim McDaniels and I have no problem with granting him a variance for his fence. He has built a very nice fence and truly thought it was on his property. line.. The fence has hurt nothing as far as I am concerned and in fact en- hanced all of his neighbors property values. Thank you, Ki Mon 6709 Westchester" "I live directly across the street at 6645 Westchester. My wife and I support the grant of the requested variance. Randall A. Hopkins Mary H. Hopkins" "I have no opposition to the placement of the fence. Mrs. Bonnie Sciulli Joe Sciulli" Mr. Paul Martin, 6714 Westchester, stated "that Mr. McDaniels has been a neighbor of his for many ,years and-his effort to build this fence has definitely been an enhancement to the neighborhood. I think Mr. McDaniels should be granted this variance." Speaking for the City in opposition to the application, Chief Building Inspector, Wayne E. Perry, stated that he had stopped construction when it was noticed that the fence posts were set out in line with the enclosed front porch (enclosed front porch allowed by variance application no. 77-1, dated February 24, 1977). Inspector Perry delivered a violation notice on March 20, 1986, unfortuantely to an incorrect address given to him. Upon motion duly made, seconded and carried, the Public Hearing docketed no. 86-3 was closed. Following a short recess, the meeting reconvened. Following a discussion by Board members on application docketed. no. 86-3, a motion was made by Mr. Maloney, seconded by Mrs. McKelvey, that application docketed no. 86-3 from James W. McDaniels to construct a fence in line with 238 the front wall of an enclosed porch on: N125' - Lot 4, Blk. 42 WUP 1st Addition 3323 Cason be granted to allow the existing fence to remain and that the variance be no more than five (5) feet and a condition be placed on the granting of the variance that this fence shall not be replaced at its present location, which is in line with the front wall of the enclosed porch without an additional variance from the Zoning Board of Adjustment, and that such restriction on replacement be made a part of the deed records in the offices of Harris County, Texas. Voting Aye: Billings Voting No: None Crain Maloney McKelvey Minor Upon motion duly made, seconded and carried, the meeting adjourned. 1 _J ~/ ~~`. CHAIRMAN ATTEST: :, ,e:.~c~ SECRETARY c1- i~