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HomeMy WebLinkAbout01201994 ZBA Minutes~ - ~ • • ZONING BOARD OF ADJUSTMENT MINUTES FROM JANUARY 20, 1994 REGULAR SESSION 7:30 P.M. The Zoning Board of Adjustment came to order at 7:30 p.m. with the following members present: Sterling Minor, Chairman Frank Billings Sue Porreto Steve Masera Lee Huber Arden Morley Members absent: Rob Peterson Vic Hansen Melinda Snell Present from the City: Ed Menville, Director of Public Works Dennis D. Holm.,• Building Official • Kym Radley, Building Secretary No residents were present to express opinions regarding any items that were not on the agenda. Ed Menville, the Director of Public works, introduced Dennis D. Holm the new Building Official for the City of West University Place. The first item on the agenda was a rehearing of Docket No. 93-23, concerning 3771 Robinhood, Lot 4 and E 1/2 of Lot 3, Block 1, Sunset Terrace, a request for variance to allow lesser side setbacks than required by the Zoning Ordinance. David Allums, attorney representing the applicant Stephen D. and DeJeanne P. Keller, has requested that the board please postpone the rehearing until February. The board was polled and there was no objection for postponement. This request was put in writing and presented to the board. The second item on the agenda was Docket No. 94-01, a request for variance to allow a lot to be subdivided into 2 lots which would not comply with the Zoning Ordinance. Notices were read and participants were sworn in. ~ Frank Billings made a motion to approve the notices as posted. Steve Masera seconded the motion. Voting was unanimous. _ - • • • Ms. Carol Burke represented Mr. Pat Bullard, owner of the property. Ms. Burke explained that Mr. Bullard purchased the lot in 1975 and at the time he purchased the lot there were 2 separate residences on the lot, a single use garage type apartment that has been located on the back of the property for more than 35 years. Exhibits presented to the board contain statements from the utility company stating that there are 2 separate meters and a letter from the City that states that they have charged 2 residential garbage pick up fees because there are 2 separate residences on this lot with one fronting on Buffalo Speedway and one fronting on Carnegie. When the Zoning Ordinance was passed in 1987 there were 2 residences on this lot and if the Zoning Board of Adjustment grants this variance it will be in accordance with the public interest because the residences are there and will continue to be there. Ms. Burke pointed out that public interest would also include the interests of the City to increase the tax base. Ms. Burke explained that the Bullards bought the 150 x 100 property with the idea that they would sell the 100 x 100 and build a house on the back 50 x 100 when they retired, but were subsequently informed by the architect that they could not. Ms. Burke pointed out location of garage and house on drawing and also pointed out that they were separated by a fence which gave the impression of two separate residences. • Ms. Burke stated that the way the ordinance is written would result in unnecessary hardship on the Bullards. Ms. Burke explained that the Bullards had a vested right in the property at the time the ordinance was changed and they acknowledge that there was a 90 day window at the time the ordinance was passed in 1987 to make application for subdivision, but at that time the Bullards had no intent to build a house. Ms. Burke stated that the granting of the variance would not cause danger or damages to public health, safety or welfare and also maintain the spirit of the ordinance which is to preserve the character and physical relationship of the neighborhood. By allowing the subdivision of this lot to continue the two separate residences is not a change in that character or physical relationship in the neighborhood. Ms. Burke explained that granting of this variance would meet the ordinances requirements for size. Ms. Burke pointed out that of the original 158 100 x 150 or greater corner lots there are only 22 that are not subdivided and of the 22 there are only 5 that do not have brand new homes. Ms. Burke explained that the granting of the variance would be in accordance with state law, the granting of the ordinance would not ~ increase the traffic or the number of cars that are going to be on the lot other than what was needed. There would be no unreasonable burden upon the utility companies, public facilities, public services. Ms. Burke stated that the she believes they have . - . • • met the standards provided by State law and by the ordinance to establish that the Bullards should be allowed to subdivide the property. Ms. Burke stated that the hardship for the Bullards is an economic hardship, because the Bullards bought it with the understanding that they could subdivide and sell the 100 x 100 foot lot, but if the variance is not granted they would sell the lot and purchase another 50 x 100 foot lot in West University and building a retirement home, but this is the lot that they raised their family on. Ms. Burke stated that there is not a separate garage on the property for the front 100 x 100. There is a proposed garage for the front half. Ms. Burke stated that that construction would be in accordance to the Zoning Ordinance, no additional variances would be required. No correspondence was received in favor of the applicant. Mr. Menville gave the City's point of view. Mr. Menville stated that according to Section 5-101 that a lot may not be further subdivided so as to produce a lot less than 75 feet in width or less than 110 feet in depth, the Bullards application for variance does not meet this requirement. • Correspondence was received from Judy Skipper of 6540 Buffalo Speedway in opposition of the application. Frank Billings made a motion to close the evidentiary portion of the hearing. This motion was seconded by Sue Porreto. Voting was unanimous. The second case on the Docket was 94-02, concerning 3611 University Blvd., Lot 7, 8, 9, E 1/2 of 6, N 1/2 of 11, Block 25, West University Place lst Addition, a request for variance to allow a proposed structure to be 44' 4" in height. Notices were read and participants were sworn in. Steve Masera made a motion to approve the notices as posted. 5ue Porreto seconded the motion. Voting was unanimous. Voting members Sterling Minor and Frank Billings are members of West University United Methodist Church. Steve Masera made a motion to elect Sue Porreto as acting Chairman. Arden Morley seconded the motion. Voting was unanimous. Voting members were Sue Porreto, Chairman, Steve Masera, Arden Morley and Lee Huber. Dr. Douglas Caldwell, Senior Pastor of West University United Methodist Church, personal address 3221 Amherst was present to • represent the church. s • • • Dr. Caldwell explained that building from Mercer because is screened by the oak trees and the Poor Farm~Ditch side but if you go along Edloe in screened by other buildings. it would be difficult to see the new of the sanctuary, the University view that cover the front of the facility has the only view of the building, Southside Place it is effectively Dr. Caldwell explained that they are not trying to violate the public interest in creating an eyesore. Dr. Caldwell indicated that the new structure is located in the center of the complex. Dr. Caldwell stated that the church's hardship would be they would be able to provide the church programs more effectively and their ministry to the community would be greatly effected and that would be contrary to the public interest. If the variance were allowed, they believe that they would be able to continue these many community services, which are provided without charge. If the variance were allowed, they would have the ability to improve the facilities for greater use and also believe they will be able to increase the number of groups that could use the facility . simultaneously. If the code were enforced it would hinder their ability to offer their very best effort to the community and members. Dr. Caldwell explained that the spirit of the Ordinance would not be violated by this building, but it would enhance the community. • The building would increase the square footage of the facility by 15,000 feet. Parking would not be affected by the new building, but could be increased if the parking lot was restriped. The current fellowship hall will only seat 200 and almost any event the church has is beyond capacity. The maximum membership of the church would be 1,500 to 2,000 and current membership is just over a 1,000. Dr. Caldwell thinks 1,500 is more reasonable number for growth of the church. If the variance were not granted the church would have to limit the use of the facility by the public and they also believe that a number of persons have chosen to go elsewhere because the facilities are not able to serve a growing youth population. The new building would be far more accessible to the senior population. The facilities would have to be upgraded in order for the church to be certified as an accredited mothers-day-out and preschool. Dr. Caldwell explained that the only way to add the square footage was to go up because they did not want to remove any of the oak trees, the sanctuary and chapel are sacred to them, and they could not lose any of the parking spaces; so height and depth were the only options they had to increase the square footage and the only way to get the handicapped accessibility would be they have all the meeting rooms and kids on the first floor, the gym on the second floor. Dr. Caldwell stated that they would be 9 1/2 feet ~ over the height requirement of the Zoning Ordinance, but they feel that this would be effectively screened. When the building was originally designed they met the minimum gymnasium height at 20 to 22 feet, but it was discovered later that the average height in r • . • • that sporting event is 24 to 26 feet so they felt they would rather have the average height not the minimum. Also, it was pointed out that the parking would not be a problem because there would not be a time when both structures would be fully occupied. Steve Roberts, a resident of Bellaire, is Chairman of the Building Committee for the church, spoke in favor of the applicant. Mr. Roberts stated that the variance be granted for health of the congregation and foundation problems. With the construction of a new building they can better serve the youth and elderly population of West University Place. Also, Mr. Roberts also pointed out that the steeple on the church is at 70 feet. David Allums, 3750 Rice Blvd., former basket ball coach of the church spoke in favor of the applicant. Mr. Allums stated that construction of the new building would provide facilities to practice basketball and provide voting facilities. Whitt Johnson, 3216 Nottingham, spoke in favor of the applicant. The architect for the church explained that they have taken into consideration the drainage and they are not taking up any ground that is free draining and the only section they are taking is connected to the City sewer. • No correspondence was received in favor of the applicant. Mr. Holm gave the City's point of view. He explained that due to the existing setback this new building and additional height will not cause any problems concerning health, safety, police and fire protection. The City does not oppose the granting of the variance. Mr. Charles Blum, 6318 Mercer, spoke of his concerns about drainage, installing a privacy fence, parking and decrease of the value of his property. No correspondence was received in opposition of the applicant. Arden Morley made a motion to close the evidentiary portion of the hearing. Steve Masera seconded the motion. Voting was unanimous. After a brief break at 8:53 p.m., the meeting was reconvened at 8:57 p.m. After a brief discussion, Frank Billings made a motion to deny Docket No. 94-01 a variance to allow a lot to be subdivided into 2 lots. The motion was seconded by Sue Porreto. Voting was unanimous. Voting members were Sterling Minor, Frank Billings, Steve Masera, Sue Porreto and Lee Huber. ~ After a brief discussion, Lee Huber made a motion to grant Docket No. 94-02 a variance to allow a proposed structure to be 44' 4" in ,..: i • ~ height. The motion was seconded by Steve Masera. Voting in favor were Sue Porreto, Steve Masera, Lee Huber and Arden Morley. Frank Billings made a motion to approve the minutes from December 16, 1993 with corrections. The motion was seconded by Arden Morley. Voting was unanimous. ~ • Frank Billings made a motion to adjourn. ,,The motion was seconded by Sue Porreto. Voting was unanimous. ~~ . ~ The meeting was adjourned at 9:17 p.m.:' ,, , ~r i' / ~ ~ C rman ATTES : Secretary ~