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HomeMy WebLinkAbout11191980 ZBA Minutes~i REGULAR MEETING ZONING BOARD OF ADJUSTMENT NOVEMBER 19, 1980 The Zoning Board of Adjustment of the City of West University Place convened in regular session at-the City Ha11 on Wednesday, November 19, 1980, 7:30 p.m., with the following members present; Chairman Doughty; presiding; Members Fougerat and. McCandless. Alternate Member .Cummings also sat as member. Motion by Mr. McCandless, seconded by Mr. Cummings, that public hearing to con- sider application #80-8 from H. F. Foster to remove a 30".section of wall be- tween the second floor study and adjacent hallway to control air conditioning flor and provide emergency exit from second floor on W. 96 ft. of Lot 7, Block 34 West_University Place lst Addition 6505 Mercer be opened. Voting Aye: Cummings Voting No: None Doughty Fougerat McCandless Chairman Doughty introduced himself and gave his residence in the city followed by other members of the Board, explained the procedure to be followed, adminis- tered 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. Foster explained that the design for. the residence was done before it was learned that the front setback (on Mercer) was thirty feet instead of the twenty feet on which the plans were based; that the plann were changed to comply with the front setback which pushed the house back and located a bathroom and bedroom approximately siz feet nine inches into the rear twenty feet of the lot over a portion of the garage; that a wall-had to be installed in the upper. hallway be- tween the study and the bedroom and bath to comply with the ordinance which will allow no living space in the rear yard (rear twenty feet(; that an affidavit was signed at the time the plans were approved stating this would be used for ser- vants' quarters. He stated there were three reasons for the request: (1) There is no emergency exit from the study area upstairs without crossing the entire house on a "catwlak" type, access to the front entrance door; (2) The security sys- tem controls the doors and also is placed un the carpet at two strategic points; that domestic help would have to be given the code to open the doors to go from the main house into the garage and up the stairs to the bedroom and bath or the sustem turned off when occupants leave duing the day; (3) The air conditioning systems cold air returns were. designed without consideration of the wall which makes the system function less efficiently. Members reviewed plans of the house with Mr. Foster and during the discussion and questions the following information was elicited: that the rooms in question extend six feet nine inches into the rear yard; that Mr. Foster became aware of the situation whereby the wall would have to be installed making separate servants' quarters at the time the plans were presented to the Inspection office for approval; that '72 in modifying the house plans the system .was not modified; that louvers could be in- stalled to correct the air flow; that the bedroom had not originally intended to be used as servants' quarters as in the. original plans it was located within the necessary-area; that the air conditioning system is a dual system (heat pump). with a thermostat in the master bedroom downstairs controlling one half and a thermostat near the kitchen controlling the other one half; that the attic area adjcent to the servants' quarters is sheetrocked but only decked and not completely finished and used for storage and equipment; that there is no third floor only a crawl space for air conditioning, etc..; that they had first beomce aware of the. air. conditioning problem of balancing the. system after they moved into the house in July of this year; that the security system was prewired and. put in during con- struction; that it was probably possible to go back into the wall to modify the security system although it would be expensivel that the air conditioning system is more a matter of efficiency in .recirculation as the same temperature cannot be established on each side. When asked what he would do if his application is denied, hestated that he guessed they would simply live with the. access problem; that probably some compromise could be made on the security system; that on the air conditioning system he could see no compromises other than possibly the louvers, suggested. Members reviewed the plas of the house in de-tail also taking not of location of house to the east of the property and .size and design as it is located on the lot. Mr. Wes Seat, 6508 Mercer, stated .that he lives across the street from the .property. and that his is an architect and they watched the construction of the house and they "bled" for Mr. Foster as it was their opinion that the architect did not do his job; that he did not feel granting the application would depreciate the pro- perty or the property around it; that he could see no difference in using it for servants' quarters or .family; that was the thinking of a century ago`to separate servants from family. Building Inspector Perry s ated that a permit was denied because the zoning ordi- nance requires that "there be a rear yard alon the rear line of the lot. The mini- mum depth of such rear yard shall be twent feet", further states that additional uses in a single family district shall include "accessory buildings, including one private garage when located not less than seventy-five feet back from the front lot line, and. not less than .ten feet back from any street line and three feet from any lot line, or located in a compartment as an integral part of the main building and not less than ten feet from any street line and three feet from any lot line, and also including room or rooms for the use of servants employed on the premises". On questioning Mr. Perry, he stated that he had stipulated the wall separating the rooms in the rear twenty feet from the main dwelling at the time the plans were pre- sented and approved and mr. Foster had signed an affidavit that they would be used for servants' quarters. Motion by Mr. MCandless, seconded by Mrs. Fougerat, that the public hearing be closed. Voting Aye:. Cummings Voting No: None Doughty Fougerat McCandless The meeting. recessed for five minutes. Motion by Mr. Cummings, seconded by Mr. .McCandless, that public hearing to con- sider application #80-9 from Dr. William Attra, President, St. George Orthodox Church, for extension of proposed building approximately six feet into the thirty foot front setback on Lots 1 ~ 2, Block 92, West University Place 2nd Addition. 5311 Mercer, be opened. Voting Aye:. Cummings Voting No: None Doughty Fougerat McCandless Chairman Doughty introduced himself and gave his residence in the city followed by-other members of the Board,. explained the procedure to be followed, adminis- tered oath to those desiring to speak on the application, and ascertained from the. secretary that proper publication and notice to property owners had been made. Dr. Attra stated the church is in the process of the construction of educational facilities for their church school, additions to existing auditorium, adding rest room facilities, office facilities and a work room; that this.has been a continuing program with the church for over ten years with the purchase of the two lots on which thye had -uilt the auditorium, sanctuary and parsonage; that on presentation of plans for a permit it was learned that there. is a thirty foot setback on the Bissonnet property line.. '7 3 Mr. Larry Dailey and Mr. Allen James, architects, Dr. Attra and other members of'the church reviewed with the Board the plans for the building showing the new facilities will "wrap around" two sides of the existing auditorium; that the encroachment occurs where the kitchen and office is located; that in making the kitchen .smaller it would be almost unworkable and the office would be cut down. to a room l0 ft x 18 ft.; that architects had placed a phone call to "someone" at the City Hall inquiring if there was a setback on "the north side. of West University Place on Bissonnet", and re- ceiving a negative answer had not pursued ordinance requirements; that the church serves 200 to 2.50 active families. Other discussion ascertained that directly east of this block, also located on an entire block frontage is another church, continuing across into the next block is a residence, and the next block another church, directly west of this block a townhouse development is located approximately twelve feet from the Bissonnet pro- perty line; and that even with the addition, the church property has a large pro- portion of open space. When asked what would happen if the application was denied, Dr. Attra stated that their permanent financing time is running out and the time it would take for a church review Board to approve a new set of plans would nullify their chances of meeting the deadline; that if they could not start construction within the next week they would lose their financing and it would stop all their. plans for $xpan- sion because of the national economic situation, inflation and financing interest; that they have a pen percent interest rate which could not be .managed again. He I `* also stated they had enjoyed their relationship with the City and had contributed to the community and would continue to do so when and where they could. Building Inspector Perry stated that the permit had been denied because the zoning ordinance requires a thirty foot setback on lots 125 fte depth or more or to line up with existing buildings on the block. On questioning, Mr. Perry estimated that the church property after this addition would still have approximately 600 open space. Motion by Mr. Cummings, seconded by Mr. McCandless, that public hearing be closed. Voting Aye: Cummings Voting No: None Doughty Fougerat McCandless The meeting recessed for five minutes. Members reviewed application #80-8 from Mr. H. J. .Foster and the following action was taken: Motion by Mr. .McCandless, seconded by Mrs. Fougerat, that application from H. J Foster to remove a 30" section of non-load bearing interior wall between the second floor study and an adjacent hallway on W. 96 ft. of Lot 7, Block 34 West University Place 1st Addition 6505 Mercer be denied, inasmuch. as literal enforcement of the ordinance would not cause unneces- sary hardship. Mr. Doughty offered the following amendment to the motion: in that there seems to be several alternatives to the stated problems. The amendment was accepted by Mr. McCandless and Mrs. Fougerat and in its entirety reads as follows: Motion by Mr. McCandless, seconded by Mrs.. Fougerat, that application from H. J. Foster to remove a 30" section of non-load bearing wall between the second. floor study and an adjacent hallway on W. 96 ft. of Lot 7, Block 34 West University Place 1st Addition 6505 Mercer be denied, inasmuch as literal enforcement of the ordinance would not cause unneces- sary hardship, in that there seems to be several alternatives to the state problems. Voting Aye: Cummings Voting No: None Doughty Fougerat McCandless '7 5 Board members reviewed application #80-9 from St. George Orthodox .Church. It was noted that as far an aesthetics of the street is concerned they could see no pro- blem, that the plan leaves a great deal of open space and is oriented on the property at seemingly the best possible place; that loss of spce in the kitchen area especially would not be beneficial in that the removal of the work area in this type voluntee activity would be detrimental; and that the time involved in a church review Board for new plans would lose the financing. Motion by Mr. Cummings, seconded by Mrs. Fougerat, that ;application docketed #80-9 from Dr. William Attra, President, St. George Orthodox Church, for extension of proposed building into the 'front setback on ~. Lots 1 ~ 2, Block 92 West University Place 2nd Addition 5311 Mercer be approved,. with condition that the encroachment into the front setback may not exceed six feet and shall be as specified by plans as presented for Additions and Alterations to ST. George Orthodox Church dated 2-15-80. Voting Aye: Cummings Voting No: None Doughty Fougerat McCandless Minutes of the previous meeting of the Zoning Board of Adjustment on August 20, 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 10:00 p.m. ` Chairman: ATTEST: S retary