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HomeMy WebLinkAbout07231986 ZBA Minutes2 4 6 SPECIAL MEETING ZONING BOARD OF ADJUSTMENT JULY 23, 1986 7:30 P.M. The Zoning Board of Adjustment of the City of West University Place convened in special session at the City Hall on Wednesday, July 23, 1986 at 7:30 p.m. with the following members present: Chairperson Billings, presiding; members John H. Maloney, Sterling Minor and Robert Crain; alternate member Doris J. Marshall. Chief Building Inspector, Wayne E. Perry, was also present. Chairperson Billings ascertained that Notice of Meeting had been posted in the City Hall on July 18, 1986; Notice of Public Hearing published in the Houston Chronicle on July 12, 1986 and Notice to Interested Property Owners mailed on July 11, 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. Motion was made, seconded and carried, to open Public Hearing to reconsider application docketed no. 86-5 filed by Emmett L. and Joann C. Mitchell and involves the following property in the City of West University Place, Texas: 6352 Buffalo Speedway S i-Lot 1 Block 21 WUP 1st Addition Mr. Mitchell stated that he and his wife have lived in West University Place for the last five years and they are currently remodeling their house and replacing the existing garage. Mr. Mitchell stated that they hired an architect to draw up the plans and also hired a structural engineer. Mr. Mitchell presented to the Board a "sequence of events", which was read into the record: "5/19/86 Plans submitted to city inspection dept. ($150.00 fee paid) 5/27/86 Plans signed by city inspector 6/19/86 Construction permit pulled 6/25/86 Footing inspected (Gordon) and accepted 7/2/86 Survey completed; submitted to Perry 7/3/86 Foundation forms inspected (Perry) and accepted 7/7/86 Perry called to inspect gas line; questioned setback on garage 7/8/86 4:45 p.m. - contractor told foundation not in compliance with side setback requirements 7/10/86 Application submitted to Z.B.A. for hearing" Mr. Mitchell further reiterated and reviewed the sequence of events with the Board members. Chairperson Billings read the following correspondence received in favor of the application docketed no. 86-5: "I have visited with Mr. Mitchell regarding the circumstances of his appeal and have personally viewed the subject property. I have no objection to his request for a variance and respectfully suggest that that it be granted. 1 Thank you for your attention to this matter. 2 4'7 Sincerely, Michael E. Casey 3115 Duke Houston, TX 77005 July 21, 1986" "I live at 6348 Buffalo Speedway, next door to Lee Mitchell. I was very surprised to receive the letter from the Zoning Board stating that the Building Inspector was required to deny the permit for an accessory building. It is my understanding that the Building Inspector has already issued and signed the permit, and was on the property several times before and after the slab ~9 was poured in accordance with the plans. I believe that it is a capricious abuse of the approval process for the City to approve plans, approve the plumbing and framing for the foundation, permit the slab to be poured, permit construction to begin, and then stop the construction. I think you should also be aware that the out- ~( building which was there before was within ten feet of the side street property line since at least 1978, when I bought my house. I do not object to the Mitchell's being able to complete con- struction of the building. Sincerely yours, B. J. Walter, Jr. 6348 Buffalo Speedway Houston, Texas 77005 July 23, 1986" "It has come to my attention that the construction of the garage on the lot owned by Joann and Lee Mitchell has been halted by the City Inspector due to an apparent violation of the side lot set back rules. This was done after the inspector had approved the plans, inspected the work on the lot a number of times., inspected the slab forms prior to pouring of concrete, and allowed the con- crete to be poured. The slab is apparently four feet over the set back line. The proposed garage abuts my garage. I have inspected the slab and have looked at the Mitchell's plans and drawings. I have absolutely no objection to the current place- ment of the slab and enthusiastically recommend that you grant the Mitchell's a variance from the set back rules. I believe that denial of a variance would constitute a serious injustice to the Mitchells and to their neighbors who would suffer through the slab demolition. I suspect that the City could have liability in this instance, which it does not need in this time of fiscal instability. Very truly yours, Oscar Kotteman 6355 Rutgers Houston, TX 77005" X48 "It has come to my attention that the Zoning Board of Adjustment has found some problem with the way the Mitchells at 6352 Buffalo Speedway are con- structing their new garage. Since we will be out of town for the hearing that has been scheduled regarding this matter, we would like to let you know that we do not object to the Mitchell's garage being constructed as it is now situat- ed. In fact, we are very pleased that these young folks have gone to such efforts to improve their property for it can only enhance the beauth of our neighborhood and West University. Dorothy M. Wey Herbert J. Wey 6401 Rutgers July 10, 1986" Board members reviewed the plans and questioned Mr. Mitchell if there was any alternative. Mr. Mitchell stated that there was no alternative to tearing out the slab and redoing it. Mr. B. J. Walter, a neighbor of the Mitchells', and Mr. H. B. Sampson, the general contractor for the Mitchells', both stated they were in favor of the application and that the variance should be granted. Speaking for the City in opposition to the application, Chief Building Inspector, Wayne E. Perry, stated that construction was halted when upon an inspection it was found that the foundation slab was located too close to the side street pro- perty line and was not in accordance with the Zoning Ordinance, Sec. 3, Para. 3, which requires a setback of ten (10) feet from the side street property line. Following, determination by Chairperson Billings that there were no others wishing to speak in opposition to the application, motion made, seconded and carried, that Public Hearing docketed no. 86-5 be closed. Following a discussion by Board members on application docketed no. 86-5, a motion was made by Mr. Crain, seconded by Mr. Maloney, that a variance be granted; provided, however, that if the slab presently in existence is ever removed that any building on this lot must meet the building setback lines then in force and that this condition be placed on the granting of the variance and be made a part of the deed records in the offices of Harris County, Texas. Voting Ayer Billings Voting No: None Maloney Minor Crain Marshall Minutes of the regular meeting of May 15, 1986 are to be amended and resubmitted at the next meeting. Minutes of June 19, 1986 and July 9, 1986 were approved as corrected. A general discussion was held by the Board members concerning the sign ordinance and it appeared that there are a number of questions which are not adequately ex- plained, including what happens to non-conforming signs which are part of a multi- ple company sign when one of the businesses changes? What is a parcel? Is it all 249 of the land in a shopping center or is it the property utilized by one business? It is respectfully requested that the City Council and the Zoning and Planning Commission consider clarification of the ordinances to clarify these and other questions. Upon motion duly made, seconded and carried, the meeting adjourned. CHAIRMAN nay ATTEST: SECRETARY 1 iL 250 1