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Home My WebLink About08191981 ZBA MinutesREGULAR MEETING ZONING BOARD OF ADJUSTMENT AUGUST 19, 1981 The Zoning Board of Adjustment of the City of West University Place convened in regular session at the City Ha11, August 19, 1981, 7:30 p.m., with the following members present: Chairman Billings, presiding;- Members Fromen, Loftice, McCand- less,and Alternate Member Kendrick. Chairman Billings introduced himself and gave his address in the city followed by other Board members; ascertained that notice of meeting had been posted in the City Hall on August 7, 1981., Notice of public hearing published in The Houston Chronicle on July 31, 1981 and letters to property owners mailed on August 3, 1981. He also administered an oath to those in the audience desiring to speak on application for public hearing. 9'7 Motion by Mr. Loftice, seconded by Mr .: McCandless, that public hearing to consider application from Robert Borah, docketed #81-3, to allow an outside stairway and landing to encroach into the side setback on Lot 9, Block 14 Colonial Terrace Addition 4214 Milton be opened. Voting Aye: Billings Voting No: None Fromen Kendrick Loftice McCandless Mr. Bora stated that as his application shows the stairway was begun under the impression~he did not need a permit; that it was a replacement of a staiiway/ladder which had been torn down within the first year of purchasing the house which was seven years ago; that the chief reasons for the stairway is as a fire safety exit and access for furniture to be moved in. He further stated that the interior stairs are only 30 inches wide makeing it difficult to move furniture up and down and that when the stairway was built a hole was cut in the. wall and .that the upper area has a very low ceiling; that he cannot stand at this junction and that he had talked to neighbors on each side and they. had no objections to the stairway as submitted. He also presented some photographs showing the location and appearance of the stair- way. A survey of the property was submitted :showing that the stairway encroaches to within 2'-3/4" of the side setback and. that the upper landing is l0 inches from the side setback. During discussion and questioning, it was ascertained that the one-half story was finished approximately 20 years ago and that interior stairway could not be in- creased in size. Mr. Borah stated that if application denied he would just do without an outside stairway; that one could be placed'on the other side within the setback requirements but that it would not look good. T'he following written-communications were received stating no objection to the stairway as proposed: 98 "I have no objections.. Mrs.. A. M. Numbers, 4204 b4ilton." "Zoning Board of Adjustment City of West University Place 3800 University Boulevard Houston, Texas 77005 To Whom It May Concern: Although I am unable to attend the Public Hearing on Wednesday, August 19, 1981, I would like to take this opportunity to submit my views concerning Appeal No. 81-3 'Construction of a stairway and landing to be located within the side setback of the property located. at-4214 Milton'. This property, owned by Mr. Robert E. Borah, is directly adjacent to my own pro- perty and I see absolutely no reason; either physical or aesthetic, that the aforementioned stairway and landing could harm anything in any way. Your.. consideration will be appreciated. Sincerely yours, /a/ Roy R. Thompson Resident West University Place 4220 Milton" Mr. William Jones, 4225 Milton, stated that Mr, Borah had done a good job and that he was here to support his application to leave the stairway." Building INspector Perry stated that .the zoning ordinance. required that "no building or, other structure shall be constructed within the 3 ft.-side set-' back" and that the. side. setback "shall be open and unobstructed". He also ad- vised that at the time the stairway was .installed to the one-half story that the National Building .Code which was in use by the city at that time allowed a 30 inch stairway; that the Standard Building Code, which was adopted.in 1977, requires a 36 inch stairway. The following written communication was: received concerning the application: "Zoning Board of Adjustment City of West University Place Attn.: Opal McKelvey, Secretary Re: Appeal #81-3 I looked at this property on August 5, 1981,-and stairway and landing. If a per- mit was requested and denied why was it built? I do not believe in breaking laws. If it is broken for one,. it must be broken for all. In reference to safety, the stairway could have been built at the rear of the home, if no suitalle place could be found inside for a disappearing stairway and/or that was not suitable. We have always had excellent zoning laws in iNest University; I would hate to 99 i~ have them changed, as some have been changed. If I have a vote, I would vote to conform with the law as it is. Thank you, for this notice of July 29, 1981. Sincerely, /s/.Mrs. Robert F. Hughes 4204 Amherst". Motion by Mr. McCandless,. seconded by Mr .- Loftice, that public hearing be closed. Voting Aye: Billings Voting No: None Fromen Kendrick Loftice McCandless Members reviewed. the application and information presented and discussed interior stairwell size, location, alternates to outside stairway,. any hardship involved, enforcement, interpretation and reason for. setback requirement. Motion by Mr. Kendrick that application docketed #81-3 from Robert Borah to allow an outside stairway and landing to encroach into the side setback on Lot 9, Block 14 Colonial Terrace Addition 4214 Milton be approved as submitted. Motion died for lack of a second. Motion by Mr. Loftice,: seconded by Mr. McCandless, that application docketed #81-3 from Robert Borah to allow an outside stairway :and landing to encroach in- to the-side setback on Lot 9, Block 14 Colonial Terrace Addition 4214 Milton be denied, because no. hardship has been shown for such a variance and it is in direct violation of the zoning ordinance. Voting Aye r Billings Fromen Loftice McCandless Voting No: Kendrick The following letter was presented to the Board for their information: goo August 11, 1981 "Mr. F. E. Billings Hinds and Meyer Attorneys at Law 200 Plaza Level - ING Tower 2919 Allen Parkway Houston, Texas 77019 Re: 5426 Buffalo Speedway Paul S. McDonald and Mary McDonald, Owners Dear Mr. Billings: Than you for your letter of June 26, 1981 responding to my Letter to the Zoning Board of Adjustment-on behalf of Paul S, and Mary McDonald. It is not at all clear to me why the pending lawsuit should keep the Board from taking any action which it is otherwise capable of taking. Just as-any party to a lawsuit may negotiate a reasonable and amicable resolution, I feel sure that the Board is able to do the same, and that the. Court would encourage such-action. Irrespec- tive of that issue, however, Mr, and Ms. McDonald appreciate the Board's con- sideration in this matter, and hope that the Board will recommend to the City Commission that our suggested change be included in the forthcoming amendments. Sincerely, Kirkham ~ Roberts /s/ Joe M. Kirkham cc: Zoning and Planning Commission Mr. David Allums Mr, and Ms. McDonald Mr. Winfield Campbell" Minutes of the regular meeting of the Zoning. Board of Adjustment on July 15, 1981 were approved as submitted, The requested opinion from the City Attorney concerning certain .Rules of Proce- dure having not been received, the secretary was instructed to write a letter again requesting such information. With no further business. to come before the Board, upon motion duly made, seconded and carried, the meeting adjourned at 8:30 p.m. Chairman ATTEST: Secretary