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HomeMy WebLinkAbout03191980 ZBA Minutes REGULAR MEETING ZONING BOARD OF ADJUSTMENT MARCH 19, 1980 The Zoning Board of Adjustment of the City of Nlest University Place convened in regular esesion at the City Hall on Wednesday, March 19, 1980, 7:30 p.m., with the following members present: Chairman Doughty, presiding; Members Billings, Fougerat and McCandless. The Chairman ascertained from the secretary that notice of meeting had been post- ed in the City Hall on March 14, 1980 and notice to property owners mailed on February 27, 1980. 55 Motion by D4r. Billings, seconded by Mrs. Fougerat, that public hearing on appli- cation docketed #80-2 from Kevin Stuckey to build a single family house with living area in the rear twenty feet on South 75 ft. of Lot 5, Block 79 West University Place 2nd Addition 5500 block of Buffalo Speedway be opened. Voting Aye: Billings Voting No: None Doughty Fougerat. McCandless Chairman Doughty introduced himself and gave his address in the city followed by other Board members., explained the procedure to be followed during the public hear- ing and administered an oath to those desiring to speak. Mr. Kevin Stuckey stated that he is a builder and that his company owns this pro- perty at this time and Mr. and Mrs. J. B. Friedman are prospective purchasers and his com. will build the proposed house; that they are seeking a variance whereby fif-teen (15) feet of living area (master bedroom):-would be in the rear yard with a five (5) ft. setback; that this property is at the northwest corner of Buffalo and Nottingham and that the lot is oriented towards Buffalo Speedway as the front and Nottingham as the side; that the proposed structure would be oriented to Nottingham; that on the original plan the setback on Buffalo was approximately twenty-five (25) ft. but that by removing the breezeway, it would now be approxi- mately 38'4" which would be in line with other houses on Buffalo; that the setback on Nottingham is in line with other houses on Nottingham approximately twenty-two (22) ft. Mr. Marian Spiers, architect, stated that in this proposal they had tried to take down as few trees as possible; that the reason for putting the garage on the Buf- fala side is for it to act as a sound buffer; that flipping the plan the other way with the garage on the west end would achieve the same look and not be violation because the garage would not be living area and is allowed in the rear tweety (20) ft., but that it would remove the sound buffer on the Buffalo side. 56 During discussion and questioning with the applicants, it was ascertained that the proposed by window on the Nottingham side (approximately twenty-two (22) ft. from the property line) would be in line with other Nottingham houses; that there are no curb cuts on the Nottingham side at this time; that if necessary the circular driveway and two curb cuts could be eliminated; that Mr. Stuckey's company has owned the property since November; that the second story would not cover the area in violation. The requirement of the Zoning Ordinance limiting coverage of the rear twenty (20) ft of any lot to 40% was also discussed. Mrs. J. B. Friedman stated she had spoken to some area residents .and presented the following letter to the Chairman: "To the Zoning Committee, City of West University Place: We, the undersigned, being. the immediate neighbors for the proposed homesite for Mr. and Mrs. J. B. Friedberg, agree that we have studied the proposed house plans for Mr. and Mrs. Friedman to be built on the lot located at the northwest corner of Buffalo Speedway and Nottingham and agree that we do not object to the vari- ance which Mr. and Mrs. Friedman are trying to obtain regarding the rear setback line of the property. We feel that their proposed plans are in keeping with the spirit and overall look of the community.. Signed: Mrs. Oehlers, 3223 Nottingha; Mr. and Mrs. Michael Cemo, 5604 Buffalo; and Mr. and Mrs. R. Mithoff, 3220 Nottingham. d Mr. Doughty explained to Mrs. Vivian Owen who lives directly west of the subject property that the lot was originally dedicated towards Buffalo Speedway and that any construction must consider Buffalo as the front and the west property line the rear. At a request from Mr. Dupree Holman a copy of the proposed plans was made avail- able for hiss tudy and those in the audience looked at .the plans for a few minutes so as to better understand the proposed. request. Mrs. Owen stat that she thought it would be an addition to the neighborhood and did not have any problems with the 10 ft. setback on the side toward her house. Mr. Owen stated they had lived in West University for sever years .and have just recently moved to this. location and favored the request because, as stated, if the garage was moved to-the other end it would be the same thing. Mr. Stuckey asked Mr. Stuckey and Mr. Spiers that if the variance was not granted was it their intent to flip the plans to place the garage in the rear area. They replied that they would possibly redesign the plans. so that they would fit the ordinance. Further discussion included utility easements of which not a great deal is known at this time, but Mr. Stucket stated that one very old suvey showed that the easement appeared to be about 8 ft. into the west boundary line proceeding south from the corner. 5 `7 1 Motion by Mr. Billings, seconded by Mr. McCandless, that public hearing be closed. Voting Aye: Billings Voting No: None Doughty Fougerat McCandless The meeting recessed for five minutes. Mr. Billings stated that it appeared to him .that. the applicants failed to show undue hardsip; that in fact they had failed to show any hardship. Mrs. Fougerat stated that she agreed; that with a lot 75 ft. x 150 ft. a very nice residence would be constructed meeting the zoning requirements. Mr. McCandless stated that he agree with the other members; that the plan seemed to totally disregard zoning regulations. Motion by Mr. Billings, seconded by Mrs. Fougerat, that as it does not appear that lieteral enforcement of the zoning ordinance would result in unnecessary hardship and that granting the variance would not observe the spirit of the ordinance, that application docketed #80-2 from Kevin Stuckey to build a single family house with living area in the rear twenty (20) ft, on South 75 ft. of Lot 5, Block 79 West University Place 2nd Addition 550 block of Buffalo Speedway be denied. Voting Aye: .Billings Voting No: None Doughty Fougerat AcCandless Chairman Doughty suggested that the Board look at raising the filing fee for applications to the Zoning Board. of Adjustment inasmuch as newspaper rates for publishing notices have increased. The secretary was aksed to prepare statement of charges for an application for consideration of the Board at its next regular meeting. Minutes of the regular meeting of the Zoning Board of Adjustment on January 16, 1980 were approved as submitted. With no further business to-come before the Board, upon motion duly made,. seconded and carried, the meeting adjourned at 8:30 p.m. ATTEST: Chairma i~ ~ Secretary