HomeMy WebLinkAbout10181996 ZBA Minutes:iA
r'
• ZONING BOARD OF ADJUSTMENT ; ~
MINUTES FROM OCTOBER 18 1996 ~
~ ~~~
t~~tA~T
The Zoning Board of Adjustment came to order at 7:30 p.m. with the following
members present: Chairperson Sterling Minor, Frank Billings, Michael Neal & Ty
Hutchins. Absentwere Vice-Chairperson Sue Porretto, Melinda Snell, Lee Huberand
Amy Chaisson Selig. Present from the City was Chief Building Official Dennis Holm.
The first item on the agenda was the hearing of the residents.
No persons present wished to speak.
Notices were read and participants were sworn in.
Frank Billings made a motion to approve the notices as posted, with Ty Hutchins
seconding the motion.
Voting for: Minor, Billings, Neal and Hutchins.
Voting against: None.
• The motion carried.
The second item on the agenda was Public Hearing of Docket No. 96-11, concerning
property located at 6614 Mercer Street, South 1/2 of Lots 5 and 8, Block 36, West
University Place First Addition. This was a request for special exception filed by
Ruben and Marilyn Lemos to reduce the requirement for open area in a rear yard in
a single family district to not less than 40 per cent, if the rear yard abuts a non-single
family district
Properly Owner Dr. Marilyn Lemos gave the following as the reason for the request.
Dr. Lemos stated: "My husband and I reside at 6614 Mercer Street on a lot 50 feet
wide and 260 feet deep. The west side of the property backs up to the Edloe Street
Ditch. We wish to construct a swimming pool with a cabana located towards the
rear of the property. We feel we meet the requirement to allow for 40 per cent of the
rear yard to be open instead of the required 60 per cent open area, as our property
abuts a non-single family district"
Frank Billings asked "Why would this be considered to be abutting a non-single
family residential district?" Dr. Lemos replied "Because it abuts a flood control
district." Frank Billings stated " He would consider it still in the single family
• district." Ty Hutchins sated " This portion of the ditch abuts the City of Southside
Place on the other side, therefore in his opinion it does not abut a single family
district."
J~
% ~
• Sterling Minor asked "If the speciat exception is not granted what would be the
alternative?" Dr. Lemos replied " We would comply with the 40 percent open area
rule."
No correspondence was received in favor of the application.
Dennis Holm gave the City's point of view "The Cifiy requests either the Special
Exception be granted or the owners comply with the 60 percent open area
requirement, however, most of these lots do have an easement at the 130 foot point
which have created a problem for the property owners in relation to the
configuration of structures to be located in the rear yard."
Ty Hutchins asked "Does the Edloe Street ditch, which abuts another City qualify as
a non-single family district? Mr. Holm replied "This ditch is the Edloe Street ditch
and it is in the Harris County Flood Control District, which the City has no
jurisdiction over. In my opinion this would qualify as a non~ingle family district."
No correspondence was received in opposition.
Frank Billings made a motion to close the evidentiary portion of the hearing. This
motion was seconded by Ty Hutchins.
• ~ Voting for: Minor, Billings, Neal and Hutchins.
Voting against: None.
The motion carried.
After a brief discussion between the Board Members, Frank Billings made a motion
to grant the special exception with the condition that the exception to be valid only
if the 40 x 50 foot area between the main structure and the rear finrenty feet of the lot
remain open and be filed with the real property records."
Frank Billings made a motion to approve the minutes from August 15, 1996 with
corrections. This motion was seconded by Ty Hutchins.
Voting for: Minor, Billings, Neal and Hutchins.
Voting against: None.
The motion carried.
~ Frank Billings made a motion to adjourn the meeting. This motion was seconded by
Michael Neal.
.IN
• Voting for: Minor, Billings, Neal and Hutchins.
Voting against: None
The motion carried.
The meeting adjourned at 9:00 p.m.
CHAIRMAN
ATTEST:
SECRETARY
~
•