HomeMy WebLinkAbout08201980 ZBA Minutes6 4 REGULAR MEETING
ZONING BOARD OF ADJUSTMENT
AUGUST 20, 1980
The Zoning Board of Adjustment of the City of West University. Place cpnvenewlth
regular session at the-City Hall on Wednesday, August 20, 1980, 7:30 m.,
the following members present; Chairman Doughty, presiding; Members Billings,
Commander, Fougerat and McCandless.
Motion by Mr. Commander, seconded by Mr. McCandless, that public hearing to con-
sider application #80-6 from Carl G. Mueller., Jr. to enclose a front porch in or-
der to provide a second bathroom on
S of Lot 10, Block 16
West University Place 1st Addition
b321 Vanderbilt
be opened.
Voting Aye: Billings Voting No: None
Commander
Doughty
Fougerat
McCandless
Doughty
Chairman/introduced himself and gave his residence in the city followed by other
members of the Board, explained the procedure to be followed, administered oath to
those desiring to speak on the application, and ascertained from the secretary that
proper notice of meeting, publication and. notice to property owners had been made.
Mr. Mueller stated that fifty years ago when this house was built, it was the usual
and accepted practice to have only one bathroom in a residence., but that most accept-
that after
able plans for residences now includes three bedrooms and two bathrooms;
purchasing the property they had determined .they wanted a three bedroom, two bath
house,; that they felt this was a special condition whereby there was no other practi-
cal alternative: to place a second bathroom; that it would not be contrary to any
public policy; that there would be an undue hardship on his family; .that the spirit
of the ordinance would be observed and not be violated; and that substantial ustice
would be done for all parties. including neighbors.
Mr. Mueller reviewed with the Board a survey plant plan of the property, proposed plans
for locating the bathroom, and photographs showing the house as it exists and stated.
that they are now in the process of rewiring the entire house and remodeling the kit-
chen and existing bathroom. He also stated that in walking the distances from the
curb to the front of the porch, it is approximately 38 ft. and from inside the side-
walk it is approximately 24 ft.
During the discussion :and questioning with members, it was ascertained that the muellers
had purchased the property in May, 1980; that it was bought with another. person who
lives in Dallas; .that it might be rented or the partner might reside in it after re-
modeling; that the Muellers might eventually reside in it; that the proposed bedroom
would be 12 ft. x 13 ft.; that on purchasing the property they had made no plans for
adding a bathroo, but on study felt-this was the most practical answer, as the
other bathroom .was located at back of house and they did not feel two bathrooms
should be located together at the rear; that they also felt that the mast bedroom
65
should be located in the front of the house; that the plan was done by a designed,
not an architect; that plumbing would be on the ourside except for the drain into
the sewer line that the proposed bathroom would go all the way to the wall of the
porch.
Mr. Mueller stated on questioning that if the variance was denied he did-not know of
a practical alternative.
Building Inspector Perry staed that the proposed enclosed would violated requirement
of the Zoning Ordinance "...minimum .depth of front yard...pn lots having depth of
over 125 feet shall be thirty feet. However, if twenty-five percent'of a block front-
age is improved with buildings the front yard shall extend to the alignment of such
~, existing buildings". He stated that in his measurements he determined that from the
property line to front of fireplace, which determined the setback of the house, it
is 25 ft. 11 inches; that the house to the north is set back 27 ft, ll inches, and
the remainder of the houses appear to be 30 ft. or more back; that from the property
line to the back of the porch colum is 23 ft. 7 inches and the columns are 14 inches;
that if enclosure was made to front wall of the porch there would be a 7~ ft. encroach-
ment into the front setback. It was also determined. during discussion that-the portion
of the porch which would not encroach would not be large enough for a bathroom as
the Building Code requires; that a bathroom must have 35 sq. ft., including tub space.
The following correspondence was read and entered into the record:
"August 16, 1980
Zoning Board
City of West University, Texas
Dear Sirs:
I am writing you about Mr. Carl, G. Mueller, Jr., request for a variance.
At the time that Mr. Mueller talked to me, I said I didn't care. After thought, I
have changed my mind. I do object.
Sincerely yours,
Frances C. MacAllister
6327 Vanderbilt"
"6349 Vanderbilt
Houston, -Texas 77D05
August 18, 1980
Zoning Board of Adjustment
City of West University -Place
3800 University Blvd.
Houston, Texas 77005
Dear Sir:
Pde the undersigned residents in the 6300 block of Vanderbilt Street, would like to
respectfully request that the application for a variance in the zoning ordinance
at 6321 Vanderbilt be denied. We feel that the residence in question already appears
to be closed to the street than other houses on the block and to enclose the porch
would increase its nonconformity to the neighborhood and could adversely affect pro-
perty values in the area.
66
We will sincerely. appreciate your consideration of our objections and trust you will
act in our best interest.
Yours very truly,
Betty a Kirk Pauline Waters
Donald M. Kirk. 6351 Vanderbilt
6349 Vanderbilt
Mr. and Mrs. King H. Robinson
Mildred Retting 6337 Vanderbilt"
6341 Vanderbilt
"August 18, 1980
6319 Vanderbilt
Houston, Texas 77005.
Zoning Board of Adjustment
City of West University Place, Texas
Dear Board Members:
This is in reference to the variance requested by Mr. Carl G. A4ueller for construc-
tion at 6321 Vanderbilt which was described in the Notice to Interested Property
Owners which we received from you.
Since both of us will be out of the city on the date of the .Public Hearing, the
following statements are offered as our feelings about the requested variance:
The alleged special condition concerning an adequate place "as a practical matter
to add a second bathroom" is a condition that exists or did exit in most of the
houses on Vanderbilt. However, in numerous houses on this street homeowners have
converted a moderate sized bathroom to a full bath plus ahalf-bath,-sometimes
taking space from or rooms or hallways.
In other cases, additional space was obtained by adding to the side or rear of an
existing building.. Nle believe that similar changes could readily be made in this
house without building beyond the existing front setback. While it is not intended
to offer a design for this project, the attached sketch is included to show that at
least one feasible alternative exists which would afford the house its proper
utility and potential.
We fell that by having buildings. on or behind the setback line the street looks
wider and a appearance of congestion is minimized. 19hen one is in front of the
enclosed portion of his home, the ability to look "up and down" the street instead
of at the side of a neighbor's house is a desirable one. The enclosed portion of
the house being considered, in its present configuration, is nearer the street than
others in .this block. To us, the outer limit of the porch does not appear to be
the front line of the home. Enclosing the front porch would provide additional
space for the least expense but it seems to us this would not be just to others in
this neighborhood.
Respectfully,
Monroe F. Jahns
Ruth M. Jahns"
"August 18, 1980. memorandum of telephone message. Mr. William Dean, 6320 Vanderbilt
telephoned this date and said he was against granting variance at 6321 VAnderbilt. He
was going out of town but would put this in wirint if he had time before he ..leaves."
Opal McKelvey.,.SEcretary.
s~
Motion by Mr. Billings, seconded by Mr. Commander, that public hearing be closed.
Voting Aye: Billings Voting No: None
Commander
Doughty
Fougerat
McCandless
The meeting recessed for five minutes.
Motion by Mr. Commander, seconded by Mr. McCandless, that public hearing to consider
application #80-7'from Norman R. Dobbins requesting to leave a gazebo constructe d
and encroaching into the side setback and shelves for storage encroaching into
`~"' side setback on
~'
~.~.~ Lot 1B, Block 86
West University Place 2nd Addition
3419 Albans
be opened.
Voting Aye: Billings Voting No: None
Commander
Doughty
Fougerat
McCandless
Mr. J. S. Norman, attorney, appeared to represent Mr. Dobbins. He stated they would
like to be granted an exception or variance to leave the gazebo in its present location
in the back yard; that-the allegation that it encroaches into the side setback if
true and Mr. Dobbins states that if necessary he will remove two. posts which would
correct said violation and leave only an overhang into the setbakc; that the shelves
in question also extend into the side setback, but by removing the top they would
be corrected; that if these were structures they still did not violate the spirit of
the .ordinance; that the zoning ordinance did not give a definition of a building or
a structure and that a definition taken from the Building Code defines a building as
"any strucutre built for support, shelter or enclosure of persons, animals, chattels,
or property of any kinf which has enclosing walls for fifty percent of it perimeter
and that the gazebo would not be considered a structure, that the gazebo would not be
considered to violate the spirit of the ordinance anymore than a porte cochere which
is allowed to extend to the property line.
Mr. Roy Grice, 3423 Albans, helped explain the location of the shelves which are
attached to the wall of the house on the west side. He pointed out on pictures the
location.
Mr. Norman continued in discussion with Board members and stated that in liis opinion
the shelves were 30 inches. from the property line and the could be brought into com-
pliance by cutting off six inches, but that it .would. be difficult to move the ga-.
zebo, but that by cutting off posts, it would comply. He stated after questioning
that the floor of the gazebo is wooden and that it is attached to the house, but
he could not state when the gazebo was built, either at the time of occupancy or at
a later date. Mr. Norman repeated several times that the .gazebo did not violate.
the spirit of the ordinance and on being asked the alternative if the variance was
denied stated that Mr. Dobbins said he would not move the gazebo, but would remove
68
two post and that he would remove the top from the shelves which in his opinion
would make both structures in compliance. It was further ascertained that the
gazebo. is wired.
Mr. Clem Beard, 507 Sea Shell, an associate of Mr. Dobbins, after being given
the Oath by the Chairman, helped identify objects and areas on the pictures,
but he could not state when the gazebo was built, but that the house and other
appurtenances were built to Mr. bobbin's specifications.
Mr. Roy Grice, 3423 Albans, stated that he lives next door to this residence on the
side on which the shelves ares constructed and they present no problem to him; that
the house and yard a very attractive and an asset to the street. In answer to a
question, he stated that he did not feel that access for fire fighting equipment
to his house would be impeded by the shelves.
The .following correspondence was read into the record:
"Zoning Appeals Board.
City of West University Place
Re: 3419 Albans Rd. (Norman Dobbins)
To Whom It May Concern:
This letter is to evidence my approval of the existing location of all of Mr. Norman
Dobbins' structures on his lot at 3419 Albans Rd.
I am in full agreement with the design, location-and construction of-his .residence
and all auxiliary buildings including the gazebo adjacent to my property.
If I can be of further assistance please let me know.
Very truly yours,
Gerald J. Goff"
Building Inspector Perry stated that the structures violated the zoning ordinance
section which requires "the space in a side or rear yard shall be open and unob-
structed except for a pone cochere and the ordinary projections of window sills,
belt courses, cornices, eaves and other ornamental features".
In discussion with Mr. Perry it was determined that the plans for the. house did not
show the gazebo and that at the time a certificate of occupancy and final inspections
were made on the house the gazebo was not constructed; that he could not give the
measurements of the shelves as he had not obtained entry into the atea, but they
appeared from sighting to extend approximately three feet from the house.
John W. Garrett, 3410 Sunset, stated that he lived behind this property and had live d
there for 37 years; that he has had problems with drainage since the house was built;
that he is firmly of the opinion that the spirit of the ordinance and restrictions
of the ordinance have been violated; that he is agains the granting. of the variance.
Motion by Mr. Commander, seconded by Mrs. Fougerat, that public hearing be closed.
s~
Voting Ayer Billings. Voting No: None
Commander
Doughty
Fougerat
McCandless
The meeting recessed for five minutes.
Members of the Board reviewed the plans as presented by Mr. Mueller and discussed
the presentation, including alternate use of rear space or utilization of hall
or closet spaces and removal of inside walls.
Motion by Mrs. Fougerat, seconded by R4r. McCandless, that application from Carl G.
Mueller, Jr. docketed #80-6 to enclose a front porch-in order to provide a second
bathroom on
Sa of Lot 10, Block 16
West University Place 1st Addition
6321 Vanderbilt
be denied, inasmuch as literal .enforcement of the zoning ordinance would not result
in unnecessary hardship.
Voting Aye: Billings Voting No: None
Commander
Doughty
Fougerat
McCandless
Board members discussed the exhibits and presentation from Mr. Norman including
determining if the gazebo is a structure, if cutting the posts would correct the
violation, moving of gazebo.
Motion by Mr. Billings, seconded by Mr. McCandless, that as the Board construes
the ordinance, the gazebo is an accessory building or structure and would be in vio-
lation whether or not it had pillars that were cut to the. bottom or removed.
Voting Aye: Billings Voting No: None
Commander
Doughty
Fougerat
McCandless
Board members reviewed the presentation as it pertains to the shelves., including
impediment of access areas pertaining to safety factors.
Motion by Mr. Billings, seconded by Mrs. Fougerat, that as the Board interprets the
ordinance, the shelving as constructed now ans. if it were to be without a roof would
still be a structure.
Voting Aye: Billings Voting No: None
Commander
Doughty
Fougerat
McCandless
~o
Motion by Mr. Billings, seconded by Mr. Commander, that application from Norman R.
Dobbins docketed #80-7 to leave a gazebo constructed. and encroaching into the side
setback and shelves for storage encroaching. into the side setback on
Lot 1B, Block 86
West University Place 2nd Addition
3419 Albans
be denied, because applicant failed to convince the Board that lieteral enforcement
would cause unnecessary. hardship and that if variance granted it would be contrary
to the public interest in that it would impede access to property for firefighting
and other safety purposes.
Voting Aye: Billings Voting No: None
Commander
Doughty
Fougerat
McCandless
Minutes of the regular meeting of the Zoning Board of Adjustment on July 16, 1980
were approved as corrected.
With no further business to come before the Board, upon motion duly made, seconded
and carried, the meeting adjourned at 10:30 p.m.
ATTEST:
~' .~
Secretary
~-
Chairman