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HomeMy WebLinkAbout01161980 ZBA Minutes52 REGULAR MEETING ZONING BOARD OF ADJUSTMENT JANUARY 16, 1980 The Zoning Board of Adjustment of the City of West University Place convened in regular session at the City Hall on Wednesday, January 16, 1980, 7:30 p.m., with the following members present: Chairman Doughty, presiding; Members Billings, Commander and McCandless. Alternate member Cummings was appointed to sit at this meeting in the absence of Member Fougerat. The Chairman ascertained from the secretary that notice of meeting had been posted in the City Hall on January 11, 1980 and notice of public hearing published in The Suburbia Reporter on December 26, 1979 and notice to property owners mailed on December 26, 1979. Chairman Doughty introduced himself followed.; by other members of the Board. Motion'by Mr. Billings, seconded by Mr. Commander, that public hearing on appli- cation docketed #80-1 from Mr. and Mrs. Frederick Gardner to build a single family detached residence on Lot 4A, BLock 53 West University Place 2nd Addition 3620 Amherst which, pending acquisition of seventeen feet from the Harris County Flood Con- trol District, would have a 47 ft. frontage, be opened. Voting Aye: All Voting No: None Mr. Alton Parks, architect, representing owners, gave a presentation on the application. Mr. Parks asked that the minutes of the meeting of the Zoning Board of Adjustment on November 28, 1979 be made apart of his presentation so as to shorten the time of the presentation and avoid repition of facts already presented. He then submitted a copy of a petition from adjacent property owners stating they did not object to the variance and a letter from James B. Green, P.E., Acting Director of Harris County Flood Control District stating he could see no reason why they could not. go ahead with the sale pending approval of Commissioner's Court... Mr. Parks stated that it was their understanding that after recommendation of the sale of the property by Harris County Flood Control District, it would be a for- mality for Commissioner's Court to approve same and that they had done everything they could to bring this lot to the requirements of a buildable site and with the purchase of the seventeen feet now belonging to HCFCD the lot would have a 47 foot frontage and would only in violation of the Zoning Ordinance requiring a 50 foot frontange and would meet the square footage requirement and they felt they were meeting the spirit of the ordinance. He also stated that the price for the land would be $13,000, 500 of market value. During discussion with and questioning of Mr. Parks and Mr. Gardner, the following information was obtained: That it would be approximately a month before an appraisal of the property could be madel that a building date was very indetermi- nate because of the money market at this time, but it was felt that interim financ- ing could be obtained; that they could not even say they would start building in 53 ane year; that as far as their understanding is concerned, HCFCD would put no restrictions on the portion sold. Mr. Landless expressed concern that HCFCD would recommend the sale of any flood district. property and that Commissioner's Gourt would approve any sale because of flooding problems now encountered in the county. Mr. Doughty stated that he had talked to Mr. Green and other personnel of HCFCD and had been advised there was no study-made of Poor Farm Ditcy; that-he had not considered runoff from the new phase of Greenway Plaza as being a threat because West University Place had not flooded so far as he knew; that he had not intended to give. Mr. Parks the impression that only the west side of PFD would be utilized if rechannellin became necessary; also in reviewing recorded instruments with .HCFCD personnel, there appeared to be a descrepancy in the legal descriptions and some question as to the amount of property under consideration. Mr. Doughty said he did not feel that any judgement could be made without seeing a copy of an engineering study and projection from HCFCD to safeguard the interest of other residents along PFD as well as other portions of the city, including the Gardners. This opinion was held by other members also. In answer to a question from Mr. Billings concerning their feelings if a variance was granted restricting any structure being built on the 17 feet, Mr. Parks and Mr. Gardner stated they did not think they should be restricted in that manner,' because they were denied a variance on a 30 ft. front lot and this would in effect restrict them to the same requirementsas:sa 30 ft. lot and if this were done they could not see payint for land they could non use. At this point, Mr. Parks asked for a short recess in order for he and the Gardners to have a consultation. The meeting was. recessed for five minutes. When the meeting was reconvened, Mr. Gardner withdrew his application and gave. written notice of withdrawl. Motion by Mr. Billings, seconded by Mr. McCandless; that. application for withdrawal of appeal docketed #79-14 from Mr. Frederick Gardner, be granted. Voting Aye: .Billings Voting No: None Commander Cummings Doughty McCandless The secretary advised that the last application from Mr. Gardner under considera- tion at this meeting was docketed #80-1. Mr. Billings acknowledged the correction and the morion was corrected to so state. Motion by Mr. Billings, seconded by Mr. McCandless, that publis hearing be closed. Voting Aye: Billings Voting No: None Command er Cummings Doughty McCandless 54 Minutes of the regular meeting of the Zoning Board of Adjustment on December 19, 1979 were approved as submitted. With no further business to come before the Board, upon motion duly made, seconded and carried, the meeting adjourned at 8:55 p.m. Chairman ATTEST: Secretary [1 0