HomeMy WebLinkAbout08181994 ZBA Minutes~ v` • •
~ MINUTES FROM AUGUST 18, 1994
ZONING BOARD OF ADJUSTMENT
MINUTES
The Zoninq Board of Adjustment came to order at 7:30 p.m. with the
following members present: Rob Peterson, Arden Morley, Sue
Porretto, Sterling Minor, Chairman and Frank Billings, Vice
Chairman. Absent were Victor Hansen, Lee Huber, Stephen Masera
and Melinda Snell. Also present from the City were Dennis Holm,
Chief Building Official and Cathleen King, Building Secretary.
Members introduced themselves and procedures were explained.
No residents were present to express opinions regarding any items
that were not on the agenda.
The first case on the Docket is the continuation of Docket No.
94-09 concerning property located at 3604 University, Tract 6a,
Block 44, West University Place Second Addition, an application
filed by West University Methodist Church, a request for a special
exception to allow a single family residence to be used as a
meeting place for classes, staff office & storage space.
Sterling Minor explains that Docket 94-09 will not be heard
because there are not enough members present to grant a request.
• Two of the members of the Board are members of the applicant, The
West University Methodist Church and can not vote. Sterling Minor
would like to have a special meeting for the church as soon as can
be arranged, the chair thinks that the hearing notice would be ten
days posted and would like to have the notices posted on August
19, 1994.
The third case on the Docket was 94-12 concerning property located
at 3908 Bellaire, TRS lb & 2b, Block 7, Cunningham Terrace & TRS
26a & 26c, Cambridge Place, an application filed by Foodmaker Inc.
(Jack in the Box), (withdrawn by applicant to be submitted at a
later date).
The second case on the Docket was 94-11 concerning property
located at 4034 Byron, Lot 19, Block 32, Collegeview 4th, an
application filed by Caroline & Lawrence P. Heard, a request for a
variance to allow an accessory building to encroach 5' into the
20' rear setback.
Notices were read and participants were sworn in. Arden Morley
made a motion to approve the notices as posted. This motion was
seconded by Sue Porretto. Voting was unanimous.
Lawrence P. Heard owner of 4034 Bryon explains that he is in the
process of contemplating a 280 foot addition to the rear of his
• house. This addition would necessitate a 5' encroachment into the
20' rear setback area against the back fence. Mr Heard explains
that the depth of the room that they are trying to add on is 13
1/2' X 20' as opposed to 8 1/2' wide which it would have to be if
they did not go 5' into the rear 20' setback, which would then not
make it a functional room.
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Mr. Heard explains that another issue would be that this would not
cause them to violate the overall coverage of the house to the lot
ratios that are required by the City of West University Place.
Another critical issue is that they have a single structure
facility and a front loader garage which he explains that they
have seen many in the neighborhood and that the garages that they
saw went into the 5' setback. He explains that he has contacted
his neighbors on the East and West side, Ronald and Lorretta Ciora
who live at 4032 Byron and Jim and Barbara Dale who live at 4040
Byron and they both have no problem with the granting of this
variance. Also the neighbor to the North, who shares the back
fence with, Jim Donivan who resides in Colorado has no objection.
The neighbors across the street Bob and Jill Adams were also
notified of the request for variance and have no objection.
Additionally Mr. Heard feels that this will add to the value of
the house and make it a more functional house.
Lawrence Heard explains the floor plan of the house to the Board
members showing that they need the additional square footage to
meet the plans that they have proposed.
Sue Porretto asks if they have any hardships regarding the request
for this variance.
~ Lawrence Heard explains that when they first moved into their
house they only had one child now they have three children. Also
the garage takes up so much of the downstairs square footage it
makes the primary living space so much smaller. He states that he
feels the granting of the variance would provide a much better
lifestyle. He also states that this addition would be done with
the original material that was used on the original house.
Barbara Dale of 4040 Byron - explains that she has no objection to
the granting of the variance. She wonders what type of alternative
would there be if the variance was not granted and hopes that it
would not mean that they will have to move into a bigger house.
She has known the Heards for a long time and says that they are
wonderful people. She submits a letter.
Dennis Holm, Chief Building Official gave the City's point of
view. Mr. Holm explained that this application for a variance, if
granted, would allow an addition to the main structure, to project
into the required rear twenty (20) foot setback area. The Code of
Ordinances, City of West University Place, Appendix A, Zoninq
Ordinance, Ordinance 1298, Article 7, Residential Districts,
Section 7-100, Single-Family District One (SF-1), (e) Site
Criteria, (1) Setback Areas, (iv) states:
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The rear setback area, being the area
of the rear property line. Projection
Where Projection Occurs, Setbacks Fro
Type of Structure, Building, Rear:
Y8; Each projecting
criteria: (a) & (b)
allowed within the
within the twenty (20) feet
Schedule, Type of Areas
m Building Site Boundaries,
building must meet
are not applicable;
rear setback area:
all of the following
(c) Only the following are
(i) in a principal building or in an attached accessory building:
garage space and up to 600 square feet (gross floor area) of other
space used for residential purposes, which may only be located
above the garage space;
(ii) in a detached accessory building: garage space and any other
kind of space used for residential purposes.....
As provided in Ordinance 1435, the addition would be part of the
principal building and not located above garage space; therefore,
the extension of the main building into the rear setback area of
twenty (20) feet is not allowed as provided in the Zoning
Ordinance for the City or West University Place. Therefore, the
City opposes the granting of this variance.
Sterling Minor asks Dennis Holm if he believes there are any
special conditions involving this property that would lead to a
hardship.
Dennis Holm states that he does not believe there is any hardship
at this time.
Sterling Minor asks if he has any comments on whether the granting
of the variance would be within the spirit of the ordinance.
Dennis Holm states that he does not.
One letter was received in opposition.
Frank Billings moves that they close the evidentiary portion of
the hearing. This motion was seconded by Sue Porretto. Voting was
unanimous.
Sterling Minor opens up the discussion by explaining that he knows
that they would love to have this extra room but the legislative
body has certain rules. Here we have a residence that has a 5'
side setback which is the minimum required by the Zoning
Ordinance. A setback as close to the front as you can get with a
front loading garage which allows more room in the back. The
legislative body has allowed front loading garages but to show
their disdain for them makes them be back ten (10) feet the
building setback line, and allow space to be built over them like
the detached garages in the back or the attached garages in the
back.
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• Mr. Minor states that he doesn't know if this would be contrary to
the public interest, he doesn't see any special conditions here
which the Board would need to find so that the enforcement of the
ordinance would lead to an unnecessary hardship. He explains the
spirit of the ordinance whether or not its proper in itself, the
spirit of the ordinance is to try to keep people from trying to
extend every place, and here he feels the Heards are trying to go
beyond that. He believes that they are at the maximum everywhere
else on the property and to encroach into the rear therefore does
not keep the spirit of the ordinance.
Frank Billings states that he feels they have not showed that
there is a hardship other than they would like to have more space,
and the ordinance will not allow them to go into that twenty (20)
feet with unnecessary hardship, He feels that they can not grant a
variance to everyone that would just like to have more space.
Frank Billings made a motion to deny the variance. This motion was
seconded by Sue Porretto. Voting was unanimous.
Frank Billings made a motion to approve the minutes from the July
21, 1994 meeting. This motion was seconded by Rob Peterson. Voting
was unanimous.
• The Board Discussed the Rules of Procedure of Zoning Board of
Adjustment.
Sterling Minor states that the notices for the continuation of
Docket No. 94-09 are to be posted on August 19, 1994 and letters
sent to residents within 200 feet. The Date for the continuation
meeting will either be Thursday, August 25, 1994 or Tuesday,
August 30, 1994 depending on what the City Attorney says.
Frank Billings made a motion to adjourn the meeting. This motion
was seconded by Sue Porretto. Voting was unanimous.
The meeting adjourned at 9:25 p.m.
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CHAI
Attest:
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SECRETARY