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HomeMy WebLinkAbout05152003 ZBA Minutes; _ .i City of ~est U~i~ersity P1ace • A Neighborhood City ~ RecycledPaper ZOI~TING BOARD OF ADJUSTMENT BILL WATSON CONFERENCE ROOM, MUNICIPAL BUILDING 3800 UNIVERSITY BOULEVARD MEETING MINUTES May 15, 2003 6:30 p.m. • I• MEMBERS PRESENT: Steven Segal (voting), Mark Plagens (voting), John Rentz (voting) and James Jordan (voting) Maril n Griffin, Council Liaison, resent u. MEMBERS ABSENT: Michael Neal, Michael Silver, Bill Richardson, Carolyn Galfione and Jeann Howse uI• STAFF PRESENT: Neslihan Tesno, City Planner, Sallye A. Clark, Planning Assistant and Dennis Mack, Building Official N• CALL TO ORDER: 6:30 p.m. Agenda Item • Discussion Action 1 Call the meeting to order and Protocol. ' Steven Segal called the meeting to order at 6:30 p.m. Steven Segal asked all members and staff to introduce themselves. Sallye Clark stated all notices were posted as required by city and state law. It was stated that James Jordan is the voting alternate for the meeting. John Rentz moved to accept that all notices had been properly posted and distributed for this meeting. James Jordan 2nd. Steven Segal, Mark Plagens, John Rentz and James Jordan voted aye. Motion passed. 2 Citizens who wish to None. None. be heard on items that are not on the agenda. 3 Citizens who wish to Those citizens who wish to address agenda items Steven Segal, Presiding Officer, address agenda items identified themselves. administered the oath to all witnesses. Swearing in of witnesses. Steven Segal, Presiding Officer read the attached sheet to request to move docket 03-07 to be heard before docket 03-06. James Jordan made a motion to move ' docket 03-07 before docket 03-06. ~ Mark Plagens 2"~ the motion. Mark Plagens, Steven Segal, John Rentz and James Jordan voted aye. Motion passed. 3800 University Boulevard • West University Place, Texas 77005-2899 • 713•668•4441 • www.westu.org Zo~ning Bo'ard of Adjustment Minutes May 15, 2003 Meeting • C~ • 4 Public Hearing of Reid Wilson, resident 3824 Case and attorney James Jordan made a motion to close Docket 03-07 (Special representing the applicant of 6614 Weslayan handed the evidentiary portion of the meeting. exception and out a written background (see attached) and gave a Motion was 2"d by John Rentz. Steven Variance). Request for brief overview of the variance request for docket 03- Segal, Mark Plagens, John Rentz and a special exception at 07. There was no correspondence received in favor James Jordan voted aye. Motion 6614 Weslayan or opposition of the request. No one spoke in favor passed. After discussion, John Rentz regarding Article 12, or opposition of the request. Nes Tesno, City moved to grant the variance at 6614 Section 12-105 Special planner presented the staff recommendation for the weslayan regarding Table 5-1 Exceptions to Extend variance request for docket 03-07. Building Site Dimensions to allow PNC Status. The minimum depth of lot of 97.50 feet request for the special instead of the required 100 feet deep. exception is to grant Motion was 2"d by James Jordan. prior non-conforming Steven Segal, Mark Plagens, John status as to size and Rentz and James Jordan voted aye. dimension of lot. (97.5" Motion passed. Variance granted. x 50.27'). Request for a variance at 6614 Weslayan regarding Table 5-1 Building Site Dimensions. The request for a variance is to allow minimum depth of lot of 97.50 feet instead of the required 100 feet deep. 5 Public Hearing of Dennis Mack, Building Official gave a presentation After discussion the applicant Docket 03-06 of the background of this matter. Sam Ionnadis, requested to table this request until (Appeal). An appeal of 3024 Pittsburg gave a brief overview of the request next month's meeting to seek legal the Building Official's to appeal the Building Official's decision and counsel. James Jordan made a motion decision that 3030 presented pictures of the original house on 3030 to table until next month at the Pittsburgh (6447 P~~sburgh (see attached). Mr. Ionnadis stated that applicant's request. Mark Plagens 2nd Vanderbilt) is not a he is in opposition of the proposed 8' stucco fence the motion. Steven Segal, John Rentz, rotated corner lot. on a corner lot concerning safety and aesthetics. Mark Plagens and James Jordan voted Steve Segal, Presiding Officer that these are not the aye. Motion passed. Request tabled. ~ issues before the ZBA and that the issue is whether the Building Official's decision should be retracted or not. Steven Segal, Presiding Officer administered the oath to Jeanie Eymontt, 3019 Pittsburgh at this time, as she was not present at the time the oath was administered in the beginning of the meeting. Jeanie Eymontt stated that because of history and concerns of safety and greenery reasons in a ddition t o t he permits being pulled under the 3030 Pittsburgh address that the home should not be allowed to face Vanderbilt. Steven Segal, Presiding Officer stated that she needed to address why this is not a rotated corner lot via Ordinance. Jerry Seade, 3015 Pittsburgh spoke in favor of the appeal of the Building Official's decision stating that he did not understand how the ermits could be ulled under Zoning Board of Adjustment Minutes May 15, 2003 Meeting • • the 3030 Pittsburgh address and then put in for a change of address. Dennis Mack, Building Official stated that as far as City Ordinances are concerned, the address has no bearing on setbacks and that setbacks are determined otherwise. Nes Tesno, City Planner stated that the address is not tied to setback requirements. No one spoke against the appeal of the building official's decision. No correspondence was received in favor or opposition of the appeal. 6 Meeting Minutes. Mark Plagens made a motion to accept minutes for the April 17, 2003 ZBA meeting as amended. Motion was 2"a Steven Segal. Steven Segal, Mark Plagens, John Rentz and James Jordan voted aye. Motion passed. Minutes accepted. Steven Segal, Presiding Officer stated that he will be resigning as he will be sworn in as a City Council member and requested that the Election of Presiding Officer and Vice - Presiding Officer be put on next month's agenda. 7 Adjournment. 7ohn Rentz made a motion to adjourn the meeting. 1Vlotion was 2"d by James Jordan. Steven Segal, Mark Plagens, John Rentz and James Jordan voted aye. Motion passed. T'he meeting adjourned at 7:50 p.m. PASSED THIS ~I ~'t'1 I DAY OF 2003. ~ Mark Pl , -Presiding Officer ATT t Sallye . Clark, Pl ing Assistant • C~ r„ ~~ ,~v , ~ ~~ ~ ~3 u ~~ ~ ~~ ~~~1 ~ ~~ i(~~~~~~ ~.~ ~~ ~a ~` ~ ~~ ~. ~ ~-~ ~ I move to suspend the app(icable seceions of ZBA's Rules of Procedure for this meeting in order to hear Dacket 03-~fi b~fore hearing Docl:et 03-06, and farther to su.~sentk such apptipb}e Rul~ ta errable 7.~3~t tcs discuss and render a decisio.n on Docket 03-07 before heartng Docket Number 03-06. . Applicable sections: Art fTF, 3ecti~n 3(csrder of Dt~cket~ mattersxwoulct re~rire maJarity vote bvt for seconct part} Art V, Section 5(suspend any other rule for a single meeting) (tequiring a 3/4 vote of ZBA) 3/4 Vote o.FZBt1 requ"ved to pass the above motion. ~ • i ~(~~ ~~15~G3 ~~ YYlii~lA.,f-~ Zoning Board of Adjustment City of dVest University Place Docket No. 03-07-6614 Weslayan • Annlicant: Steve & Lisa Koprowski ~a~.~- ~r D~C~~' ~?~,D ~ ~ ~l~a(J ~ti~ ; :~~ (.~' ~ a. pB s~~'~ ~ Variance Requested: Building site dimension - 97.5' instead of 100' (Table 5-1) Factual Background: Lots 9 and 10, Block 23, Collegeview Addition were conveyed to Miss Carrie M. Flanagan by San 7acinto Trust Company (original developer) by deed dated July 11, 1931 recorded in Volume 872, Page 426 of the Deed Records of Harris County, Texas. Thereafter, in approximately 1937, a southern 50.27 feet of Lots 9 and 10 were split out and the existing cottage constructed. The existing cottage has remained in existence, with various modifications and additions (including a swimming pool) since that time. The building site created in 1937 complied with then City requirements. In 1948 Harris County acquired 2.5' of property on both sides of Weslayan Road from Bellai.re Blvd. to Bissonnet Street (then Richmond Road) to widen Weslayan Road. This acquisition was under threat of condemnation. Apparently, no condemnations were required for any of these properties. The form of document used by the County for all acquisitions was consistent with the deed for Lot 10 (the portion of 6614 Weslayan abutting Weslayan). Paul H. Clazk and wife, Vivian M. Clark conveyed a 2.5' right of way over Lot 10 to the County of Hazris by document dated April 6, 1948, recorded under Volume 1929, Page 561 of the Deed Records of Harris County, Texas. The document's granting clause states: "remised, released and quitclaimed and by these premises do remise, release and quitclaim unto the said County of Hairis, the right of way of 2.5 feet in width ..." The deed further states: "the sole consideration for this conveyance is the agreement by the County of Harris, on or before April 15, 1949, to commence the paving of Weslayan Road .. . if this consideration should Fail, this easement will automatically become null and void and the rights granted herein will, ipso facto refer to Grantors, their heirs and assigns." • Although the legal affect of the conveyance is to grant a conditional easement to Harris County while retaining fee title in the owner, title cornpanies and surveyors have consistently treated this document as a conveyance of fee title. For this reason, deeds conveying title to 6614 Weslayan have conveyed the southerly 50.27 feet of Lots 9 and 10, Block 23, Collegeview save and excent Harris County's rights. The Koprowskis acquired 6614 Weslayan by deed dated August 5, 1998 with a similar description. g:~clients~5964W02~zba prcsenlation.doc 5/l S/2003 2:53:07 PM ° ' ~l.~C~11'Yl~l~ `~O I ~ ~~~ ~ ~(1~1er1t,~~C~ The Koprowskis lost a contract to sell their house earlier this month due to a buyer's conceii~s • that 6614 Weslayan is an "illegal building site," after nieeting with City officials. Harris County officials have verbally acknowledged both that the 1948 conveyance was a right of way easement only and that since the 2.5' was not necessary for the actual construction, the reversionary clause took effect. The Koprowskis intend to pursue a written "abandonment" or "relinquishment" from Hams County, but believe it will take at least 6 months. Stewart Title Company has now indicated it will insure title to the entire 100' depth of 6614 Weslayan, subject to the County's right of way easement. The surveyor is revising the survey of 6614 Weslayan to reflect the entire 100' of depth and to include the 2.5' of right of way within the building site boundaries. Zoning Ordinance Provision Section 2-102 (specific definitions): "Subdivided Lot - a lot or parcel which was ... in existence as a separately owned and separately described lot or pazcel continuously since September 12, 1983." [6614 Weslayan qualifies.] Section 5-100 (a){basic building site requirements): "Every structure must be located on a building site meeting all of the following criteria .. • .(2) the site must consist of one or more whole subdivided lots, excluding only ... areas lost because of public acquisition ..." [6614 Weslayan qualifies] Section 5-102 - This section incorporates Table 5-1 "Building Site Dimensions" which sets forth 50' minimum width, 100' minimum depth and 5000 sq. ft. minimum lot area for "old building sites (before October 24, 1987)." Note 1 to Table 5-1 establishes the "4,500 square foot exception" as follows: "The structure may be located on an old building site with at least 40 feet of width and at least 4,500 square feet total area if the building site: (i) was improved with a principal building in existence on the 1987 effective ~date or for any period of 20 consecutive years prior to the 1987 effective date, under circumstances where there was no additional land use for the building site, and (ii) was created bv subdivision plat and not made smaller thereafter except to provide public right of way or to accommodate physical encroachment, or as specifically allowed by Article 5." [6614 Weslayan was not created by subdivision plat and therefore does not qualify for the 4,500 square foot exception.] Poli ~ Behind 4,500 Square Foot Exception When the City's Zoning Ordinance was comprehensively redrafted in 1987, the Zoning and • Planning Commission was aware of the Hams County right of way issue from dealing with the g:lclienlsl5964~902~zba presenwtion.doc 2 5/15l2093 2:53:07 PM . . ~:~-ui.c~l~rne~ ~ ~I ~~~c~ ~ ~ ~a)~ ,~ - ~r~~ former Eastern Star Temple site at Bissonnet and Weslayan. Ahnost every lot abutting • Weslayan is oriented north/south and the focus was dealing with inadequate widths. Due to oversight, the handfull of building sites facin Weslayan were overlooked. This is probably because the subdivision maps utilized by the City refl.ect the platted lot lines rather than the actual ownership lines. There is no logical distinction between building sites facinQ Weslayan and those sidin on Weslayan. Variance Request The Zoning Boazd of Adjustment has authority under Section 11-100 and under Texas Local Govemment Code Section 211.009 to issue a variance under the following circumstances: ~ 1. Not contrary to public interest. 2. Due to special conditions, literal enforcement would result in unnecessary hazdship. 3. So that the spirit of the Zoning Ordinance is observed and substantial justice is done. Conferring legal status to 6614 Weslayan with 97.5' in depth is consistent with the "4,500 square foot exception" in Note 1 of Table 5-1 of the 1987 Zoning Ordinance. The basis for the 4,500 square foot exception is that actions of the government in exercising its police power for general public purposes of the expansion of Weslayan should not deprive an innocent citizen of their personal property rights to own, use and sell what was a legal building site before govemment action. In addition to the other Weslayan lots affected by the Harris County right of way, there aze lots on the north side of Byron (3800 and 3900 blocks) which have 91' in depth due to a • surveyor's error in their initial development. These lots aze legitimized in the 4,300 square foot exception contained in Note 2 of Table 5-1. Staff Report The report of City Staff supports the applicant's variance request. Formal Request Applicant requests approval of a variance so 6b14 Weslayan as it is currently situated, whether 100' in depth subject to 2.5' of Harris County Right of way, or 97.5' in depth is a legal building site and is not required to comply with the 100' minimum depth requirement for old building sites set forth in Table 5-1. • Attorneys for Applicant g:klientst596410031zba presenlation.doc 3 5/IS/2003 2:53:07 PM Wilson, Cribbs, Goren & Flaum, P.C. ~ C~J tul.~.~' ~ + ~ : ~ ~~ ~~~ ~,;~~~ • ~r`~-- n~ -~~ ~-~ A '-~ T.~3~ ,v SLun SC~dV.~`U ~~~ ~~~~ ~,~,~ ~ ~~ _~ ..~ . ~~ ,. . ~.. ,..,:.:...;r.,.. ' ~