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HomeMy WebLinkAbout12171980 ZBA Minutesi7 REGULAR MEETING ZONING BOARD OF ADJUSTMENT DECEMBER 17 ,1980 The Zoning Board. of Adjustment of the City of West University Place convened in regular session at the City Ha11, December 17, 1980, 7:30 p.m., with the following. members present: Chairman Doughty, presiding; Members Cummings, Fougerat and Mc- Candless. The Chairman explained that the first agenda item was a rehearing on the applica- tion of H. J. Foster, 6505 Mercer, docketed #80-8, to remove a 30" section of non-' oad bearing interior wall between the second floor study and an adjacent hallway. The Chairman ascertained from the secretary that notice of meeting had. been posted in the City Hall on December 12, 1980 and notice to property owners mailed on December 1, 1980 and an oath given to those desiring to speak on the application who ha- not previously received same. Motion by Mr. McCandless, seconded by Mr. Cummings, that the rehearing on appli- cation docketed #80-8 on W.96' of Lot 7, West University 6505 Mercer be opened. Voting Aye Cummings Doughty Fougerat McCandless Block 34 Place 1st Addition Voting No: None J 1 Mr. Foster introduced Joe Brand, the architect who planned their residence at 6505 Mercer. Mr. Brand outlined the steps in the development of the plan for the house from the time contract was awarded in July, 1979 to the approval of plans-for construction stating that the first plan presented for approval was turned down by the Inspection Department because of a front setback violation being planned for 20 ft. instead of 30 ft. He stated that when this was turned down, over the weekend, a new plan was drawn and presented, in which the structure was moved back the required 10 ft. and footage taken from interior and this located a bedroom and bath approximately 6 ft. into the rear yard area (rear 20 ft.) and a closet from .the bedroom extending com- pletely to the rear building line over the garage; that the Inspection Department would not issue a permit because ofiving area over the garage in the rear 20 ft. and required that a wall be installed separating the bedroom, bath and closet over the garage from the remainder of the house; that this was included in the plans Mr.: Foster signed an affidavit to the effect that the bedroom would be used only for servants' quarters; .that the market conditions causing interest rates to rise was the reason for the rush and quick action needed so that the Fosters-:could take advantage of lower interest rates; that this bedroon is needed for guests as there is only one other bedroom in the residence; that the Fosters have no children nor plan to have any. During disucssion with the Fosters and Mr. Bran the following information was r. elicited; that the Fosters and architect were aware at the time of construction that the area could be used only for servants' quarters. and that an affidavit was signed to that effect; that they never intended to use it for servants' quarters but were planning to make an application for a variance after construction con- pleted; that. the air conditioning and burglar alarms systems problems seem to be soluable; that the Fosters and r1r. Branc felt that the removal of the wall would not hurt the neighborhodd and retain the spirit of the .ordinance; that. the dimensions of the lot (95 ft. deep on the Pittsburg side and ,100 ft. deep on Mercer) made it difficult for the architect to be creative in the planning of the residence; that information the architect worked with in the planning of the house was derived from Mr. Foster or other sources; that the architect had not visited with the personnel of the city nor obtained any information from the city concerning requirements for... building; that the replatting of the lot to face Pittsburg was considered but on ~, advise from others (not city hall personnel) this could not be done, they returned to the platting with Mercer St. as the front. Members reviewed the plan of the second story area and it was pointed out that the actual encroachment, includingthe closer area was the complete 20 ft, over the garage; that the storage or hobby room was wired with ane ceiling fixture and one outlet and used at this time by the Fosters for their hobby of stain glass. Mem- bers explored various possibilities for a solution to the problem without violation of the zoning ordinance but no conclusions were reached. Mrs. Foster asked to be given an oath so that she might speak and it was administered by the Chairman. She stated that she could not understand why they felt people would not live in .there and that could not the wall have been removed with the city having no know- ledge of it, and that were not servants' people who lived in the delegated area. The Chairman advised that what she said was probably true that the wall could be removed without immediate detection and that they agreed with the statement about servants, but that the ordinance specifically allowed servants' quarters in the rear yard. Other discussion revealed that the Fosters had moved here from the Montrose area to be in a neighborhood which had rules and regulations, but they could not see that they would be violating the spirit of the ordinance; that it was unlikely they would be transferred from Houston. Mrs. Fougerat specifically summed up information by inquiring if it was not true that both- the Fosters and Mr, Brand were aware of the conditions of the area over the garage, that the affidavit was signed with the knoialedge that they never in- tended to use the area for servants' quarters, and they intended from the beginning to ask for a variance for the use of the area? She received an affirmative answer. Motion by Ms. Fougerat, seconded by Mr. McCandless, that public hearing be closed. Voting Aye: All .Voting No: None The meeting recessed for five minutes. Members of the Board discussed the various ramifications of the use of living space in the rear yard and. the long rangeeffect of allowing any variances, again re- ~o viewed the plans of the residence, expresse d concern for the Fosters, but felt .they had acted hastily and created their own problems, and the responsibility of the architect to ascertain requirements before beginning plans. Motion by Mr. McCandless, seconded by Mrs. Fougerat, that rehearing on applica- tion docketed #80-8 from H. J. Foster to remove a 30" section of non-load bear- ing interior wall between second floor study and an adjacent hallway on W. 96' of Lot 7, Block 34 West University Place 1st Addition 6505 Mercer produced no new evidence on which to reverse the previous decision on the applica- tion on November 19, 1980. Voting Aye: Cummings Voting No: None Doughty Fougerat McCandless Item no. 2 on the agenda concerning amending of the Rules of Procedure was tabled until the next scheduled meeting of the Board. MInutes of the regular meeting on November 19, 1980 and special meeting on November 26, 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 10:00 p.m. (/ 1 (~ , Chairman ATTEST: ~ ~~ Secretary I~