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.
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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.
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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