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HomeMy WebLinkAbout02151984 ZBA Minutes158 REGULAR MEETING ZONING BOARD OF ADJUSTMENT FEBRUARY 15, 1984 The Zoning Board of Adjustment of the City of West University Place, Texas convened in regular session at the City Hall on Wednesday, February 15, 1984 with the following members present: Chairperson Billings, presiding; members Fougerat, Feazel and Fromen. Chairperson Billings ascertained from the secretary that Notice of Public Meeting had been posted in the City Hall on February 10, 1984; Notice of Public Meeting was published in The Houston Chronicle on January 25, 1984; Notice to Interested Property Owners were mailed on January 27, 1984. Public. Hearing was called to-order to consider application ~~84-2 filed by Mr. Hal M. Zimmerman to construct a new house to extend living area struc- ture approximately three and one. half (32) inches into the side setback area on E35'-Lot 13, W15'-Lot 14 Block 2 Evanston Addition 2623 Albans was opened. Mr. Hal M. Zimmerman, president of Zest Homes, Inc., appeared before the Board and explained that there was an error made in the construction of the house. The brick columns under the overhang area had been brough into com- pliance with the setbacks. The structure itself was still approximately 3.1 inches extended into the setback. Upon questioning, Mr. Zimmerman was asked if the variance was not granted what alternative plan would he have. He explained that it would take ex- tensive structural work to bring the house into compliance,. but that the work could be done and would be done if so directed. The following correspondence was read into the minutes in opposition of the application: T0: The Zoning Board of Adjustment We the residents at 2619 Albans (Mr. & Mrs. Avi Salami) are against the adjustment of property at 2623 Albans. Avi Sulami Building Inspector, Wayne Perry, stated that in the course of setting up for the foundation, there was a question of the property line. A surveyor was out twice, which he indicated that the property lines were correct, but that an encroachment into the setback area did exist. Mrs. Feazel asked if the problem was not corrected, what potential problems would exist. Inspector Perry stated that the house was in violation of the zoning ordinance and the building code. The zoning ordinance states that there must be three (3) feet from the structure to the property lines. The I C i~~ 0 A 1 i 1 building code states that if you build on the three (3) foot property line, you must build a one hour fire wall with no openings. Mr. Joe Kline of 2627 Albans stated he had no problem with allowing the variance, but his concern was of the possible drainage problem and resale value of his property. Chairperson Billings asked Mr. Zimmerman if the problem with the gutters would be taken care of. It was stated that there would be no problem with installing a new gutter. Motion by Mrs. Feazel, seconded by Mr. Fromen, that Public Hearing be closed. Voting Aye: Billings Voting No: None Fenzel Fromen Fougerat The meeting recessed for five minutes. Chairperson Billings called the meeting back to order to consider application ~~84-2 from r4r. Hal Zimmerman. Board members discussed the application with particular discussion concern- ing the fact that there was no showing of a hardship other than monetary hardship, and that literal enforcement would not result in unnecessary hard- ship. Motion by Mr. Fromen, seconded by Mrs. Feazel that application X684-2 from Mr. Hal Zimmerman to construct a new house to extend living area structure approximately three and one half (31z) inches into the side setback area on: E35'-Lot 13, W15'-Lot 14 Block 2 Evanston Addition 2623 Albans be denied, inasmuch as literal enforcement of the ordinance would not cause. unnecessary hardship, and that it should not be contrary to the public interest. Voting Aye: Billings Feazel Fromen Fougerat Voting No: None With no further business to come before the Board, upon motion duly made, seconded and carried, the meeting adjourned at 8:30 p.m. .~ 160 ~ ~ ~~ ~~~ ~ CHAIRMAN ATTEST: r ~~A~ ~~~ C._. SECRETARY