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HomeMy WebLinkAbout03211984 ZBA MinutesREGULAR MEETING ZONING BOARD OF ADJUSTMENT- . MARCH 21. , 1984 The Zoning Board of Adjustment of the City of West University Place, Texas convened in regular session at the City Hall on Wednesday, March 21, 1984 with the following members present: Chairperson Billins, presiding; members Fromen, McKelvey and Petronella. Building Inspector, Wayne E. Perry, was also present. Chairperson Billings ascertained from the secretary that Notice of Public Meeting had been posted in the City Hall on March 16, 1984; Notice of Public Hearing was published in the .Houston Chronicle on February 27, 1984; Notice ~~ to Interested Property Owners was mailed. on March 6, 1984. a~~ Board members introduced themselves-and gave their addresses. Chairperson Billings administered the oath to those persons desiring to speak at the Public Hearing. Public Hearing to consider application ~~84-3 filed by Mr. Michael A. Reesby to allow a deck to encroach into the rear five (5) feet setback area on 6444 Vanderbilt Lot: N 2 of E 2-Lot 1 Block 12 West University Place 1st Addition was opened. Mr. Michael A. Reesby appeared before the Board and explained that the deck in the rear yard is encroaching two (2) feet. into the rear setback area. Due to limited knowledge of zoning laws he .was not aware of a permit being needed to build the deck. Upon questioning, Mr. Reesby was asked if the variance was not granted, what alternative plan would he have? He explained that it would be hard to tear out the deck to comply with the zoning. ordinance, but that would be the al- ternative plan. The following correspondence was read into the minutes in favor of said application: March 11, 1984 Secretary City of West University Place Zoning Board of Adjustment Dear People, I see no reason why Mr. Reesby should not have his deck. If the honorable Zoning Board of Adjustment would confine their efforts to the fact that buildings, not a pleasure thing like a deck, are being built so close to property lines, West University Place would be the nice place to live like it was in the past. You've o.k.'d houses on our block so close one can sneeze out the window and send germs to inhabitants of the next house. The 161 is2 houses now being built all over West University Place cover so much of the lot, trees are being pulled down and our little community is going the way of the asphalt jungle of a big City! Right a bit of your wrongs and let Mr. Reesby enjoy ,what's left of the great outdoors from his deck. Velma Dulaney Building Inspector, Mr. Wayne Perry, stated that the permit was denied due to coverage of rear yard in excess of forty (40%) percent allowed by the zoning ordinance and that the deck i~ built closer to rear property line than established five (5) foot setback. Mr. Perry indicated that in his measuring, the structure is :closer to rear property line than indicated, twenty-two (22) inches from the fence line and twenty-eight (28) inches from the side property line. Motion was made, seconded and carried, to close the Public Hearing. Public Hearing to consider application 484-4 filed by Jim and Nita Short to extend living area into the side and rear yard setback, approximately 12' and workshop and carport into street side setback approximately 2'. Lot: 10 and adj. E20' of L9 Block 2 Pemberton Addition 2604 Fenwood was opened. Mr. Short presented plans for the remodeling of his residence, which are in violation of the zoning ordinance as follows: (1) encroachment 2 feet into side setback (2) living area (bedroom/sitting room) in rear 20 feet (.coverage in rear 20-feet not in violation). Mr. Short explained his reason for requesting these variances, which in- cluded noise pollution from Kirby Drive which would be decreased by the solid wall of a bedroom/living area within the rear 20 feet setback. He also stated that. townhouse construction to the rear of their property made the existing garage useless because of visual and physical difficulty of backing out on Kirby Drive. Therefore, plans to move the garage to the front .had resulted in encroachment into front setback, but this problem had been solved in discussion with Mr. Perry. He also stated a workshop on the last side encroachecl2 feet into side setback. This area also a defense against noise from Kirby into living areas. Board members reviewed the plans in detail with Mr. Short and discussed his choices for alternate construction. Mr. Perry reiterated the zoning violations for the proposed plan. Motion was made, seconded and carried, to close the Public Hearing. 163 Public Hearing to consider application ~~84-5 from Ada G. Barran to establish the allowable building setback lines on W70' of Lot 12 Block 7 WUP lst Addition 2930 Cason was opened. Mrs. Barras explained that her property is a corner lot created by a sub- - division of the original lot, which fronted Belmont Street; that her house faces Cason Street, that the 26 ft. setback on Belmont (her side) limits her use of the property. She requested that the property be declared to front Cason, thereby enabling her to have a five ft. side setback on Belmont. Mr. Perry explained side of Belmont lines up with those facing Belmont; could find no record of lot being subdivided although houses are built there, if stay within these setbacks limits construction area with 20 foot front set- back on Cason and 26 ft. side/front setback on Belmont is very limited. Members reviewed application ~~84-3 discussing meaning of "hardship", diffi- culty of removal of deck which encroaches into the setback and other criteria. for granting or denying a variance. Motion by Mrs. McKelvey, seconded by Mrs. Feazel, that application 484-3 filed by Michael E. Reesby concerning N z of E 2 of Lot 1 Block 12 WUP 1st Addition 6444 Vanderbilt be denied, without prejudice, pursuant to applicant reapplying for exception or variance, with revised plan. Voting Aye: Billings Voting No: None Feazel McKelvey Petronella Board members reviewed application ~~84-5. Chairperson Billings entertained a motion on application ~~84-5 filed by Mrs. Ada G. Barras as follows: The Board defines the front setback to front on Cason Street and the side setback on Belmont Street, should be applied as required by Zoning Ordinance ~~111. Mrs. Feazel moved the motion, seconded by Mr. Petronella. Voting Aye: Billings Voting No: None Feazel McKelvey Petronella is4 Minutes of the regular meeting of the Zoning Board of Adjustment on January 11, 1984 and February 8, 1984 were approved as corrected. Upon motion duly made, seconded and carried, the meeting adjourned. ~~, G~.~-. IRMAN ATTEST: ~~~ ~J SECRETARY []