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HomeMy WebLinkAbout02171982 ZBA Minutes1 ®6 REGULAR MEETING ZONING BOARD OF ADJUSTMENT February 17, 1982 The Zoning Board. of Adjustment of the City of West Univeristy Place convened in regular session at the City Hall, February 17, 1982, 7:30 p.m., with the following members present: Chairman Billings, presiding; Members Fougerat, Loftice, McCandless and Alternate Member Kendrick. Motion by Mr. Kendrick, seconded by Mr. McCandless, that. Public Hearing to consider application docketed #82-1 from Paul Gloriod to demolish an existing bedroom and construct a new bedroom and bath in the same location which extends fifteen feet into the rear setback and increase the width of the new construction on: East 57.2 ft. Block 12 College View 3902 Byron be opened: Voting Aye: Billings Fougerat Kendrick Loftice McCandless of Lot 9 lst Voting No: None Chairman Billings introduced himself and gave his address in the City followed by other Board members; ascertained from the secretary that Notice of Public Hearing was published in the Houston Chronicle on January 30, 1982 and Notice to Property Owners mailed January 29. 1982; and administered an oath to those in the audience desiring to speak on the application. Mr. Paul Gloriod, owner of the property, stated that he bought the house last March as a three bedroom, 12 bath and that until a month ago, he had no knowledge that the bedroom on the back was illegally constructed in violation of the Zoning Ordinance in that the area was permitted as a utility and evidently at some later date it was reconditioned, panelled, acoustical ceiling installed, air conditioned and made into a bedroom without a permit. Mr. Gloriod stated that the entire house had bad foundation problems and upon having the main structure levelled it became more apparent that the addition was poorly constructed, had sunk into the mud, the roof is built with a 3 inch pitch which is inadequate for a composition roof and that it was built with the ridge so that a valley is formed and has caused a bad leak recently shorting out a light fixture, so that my solution was to remove this existing and completly construction a new addition. He also stated that if his new construction was to conform with the rear yard setback it would mean relocating the electrical service and replacing sanitary sewer lines which run directly across the lot (almost through the middle). Mr. Gloriod stated that he feels consideration should be given to his request in that his lot is only 87.05' in depth and 57.2 in width which brings it approximately twenty swuare feet below the minimum lot size and that on the East side there is approximately a twelve foot electrical utility easement although in conversation with HL $ P it was discovered that it is an unrecorded easement he still would like to honor it and _ _ J [J not build under the electrical lines. He further stated that he felt 1 0 it is a unique case. and that the existing added structure at this point is beyond cosmetic renovation. Mr. Gloroid presented pictures showing the inside and outside of the addition and consdition of same, survey plot plan of the existing improvements and plans showing the proposed remodeling and addition to the house. In addition he presented the following petition: "This petition is drawn up to serve as evidence to the Zoning Board of Adjustment of the City of 1Vest University P1ace,Texas. This petition affirms that on 13 day of February, 1982, the neighboring residents of 3902 Byron willingly endorse the proposal of Paul C. Gloroid to demolish an existing bedroom which is poorly constructed and rebuild anew bedroom in the same location. The new bedroom .would maintain the present side and rear setbacks but will be wider than the bedroom to be demolished now extends fifteen (15) feet into. the rear twenty (20) foot .setbacks." ~ Signed: R.B. Cleland, 3906 Byron; Karen Cleland, 3906 Byron; Virginia Wasson, 3924 Byron; F.C. Wasson, 3924 Byron; David Zeger, 3928 Byron; Gary Burke, 3923 Byron; Shelia A. Burke, 3923 Byron; J.A. Gearty, 3009 B yron; Cordelia Richards, 3901 Byron; Danny L. Doughty, 3840 Byron; Katherine L. Parker, 3905 Byron, Mrs. L. Van Dries, 3916 Byron; E11 Jvelian, 3918 Byron; Carole Reese, 3939 Byron; Harry Seligman, 3907 Case; Genevieve Seligman, 3907 Case; Mrs. M.W. Jackson, 3908 Case, W.W. Jackson, 3908 Case; H.W. Hightower, 3919 Byron; and Lucille Mabry, 3835 Case. During discussion and questioning with Mr. Gloriod, it was reiterated that his plan would increase the width of the now existing room by adding to the bath area; that the sanitary sewer goes across the back yard and would have to be replaced if any .more footage was added into the interior of the lot; that the electrical service goes across the house and ties into the service box at the point where he had stopped the proposed construction; and with a transparent overlay he also explained how he tried for an alternate by placing primary of occupable space out of the twenty feet and leaving bathroom, storage and utility space located there. Chairman Billings administered the oath to John Gearity, 3909 Byron, who stated that he was in favor of it and all the neighbors he had talked to were in favor of it considering the fact that it is a reconstruction rather than new construction. Building Inspector Perry stated that the area in question is being used as a bedroom within five feet of the rear property line which is in violation of the Zoning Ordinance in that no living space should be located within 20 feet of the rear property line. On question from Ms. Fougerat, he stated that it was not brought to anyone's attention because at the time of inspection one is not sure when the addition was made and whether or not it was legally constructed until circumstances such as this comes up, and that the utility area was permitted in 1950 and the connecting area in 1965, but that no permit was issued for the utility area to be made into a bedroom and bath. ® S Motion by Mr. Kendrick, seconded by Mr. McCandless, that Public Hearing be closed. Voting Aye: Billings Voting No: None Fougerat Kendrick Loftice McCandless The meeting adjourned for five minutes. Mrs. Fougerat stated that she felt it was unfortunate that the gentleman had bought a house in which there is an illegally built area, but the fact remains he had and that she doesn't think they would do anyone any service by letting him perpetuate that and that she does not feel the relocation of some of the area and some of the utilities was a real hardship, and she could not in good conscience grant him a variance and not only does he want to stay in the back but he wants to cover more area. Mr. Billings stated that the larger area was something he had noted and that it appeared to him stat he had an alternative, although it might be harder to accomplish, by having to move the service, therefore he did not feel he had shown requisite hardship because he has alternate ways to accomplish the construction. Other members expressed similar opinions. Mr. Loftice stated that it is unfortunate that he (the applicant) is a victim of many different circumstances - distance to primary conductors, the fact that the existing structure is in violation and he bought it expecting to replace it all in good faith - it still does not relieve the responsibility of the ordinance governing those things, and that is what we are here for to make sure those are enforced, there- fore, I make a motion that the variance be DENIED. Motion was seconded by Mrs. Fougerat. Voting Aye: Billings Voting No: None Fougerat Kendrick Loftice McCandless Minutes of the regular meeting of the Zoning Board of Adjustment of November 18, 1981 were approved as submitted. With no further business to come before the Board, upon motion duly made, ` ~ ~r seconded and carried, the meeting adjourned at 8:.25 p.m. ~' j `~_il j ~, L Chairman ~ ~_ ATTEST: Secretary