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HomeMy WebLinkAbout05161984 ZBA MinutesREGULAR MEETING ZONING BOARD OF ADJUSTMENT MAY 16 , 19 84 The Zoning Baord of Adjustment of the City of West University Place, Texas convened in regular session on Wednesday, May 16, 1984 at 7:30 p.m. with the following members present: Chairperson Billings, presiding; members Fougerat, Fromen and Petronella. Building Inspector, Wayne E. Perry, and Assistant Building Inspector were also present. Chairperson Billings ascertained Notice of Meeting had been posted in City ~"' Hall on May 11, 1984. `~ Board members introduced themselves and gave their addresses in the City. Public Hearing to consider application 484-6 from George Berg for variance to encroach 5Z" of living space in rear setback on second story as S50' of E112` of Lot 1 Block 9 WUP 1st Addition 6548 Brompton was opened. It was ascertained that Notice of Public Hearing was published in The Houston Chronicle on April 23, 1984 and Notice to Interested Property Owners mailed on April 17, 1984; the oath was administered to all those. desiring to speak on the application. Mr. Berg stated that he and his wife now live at 2637 Amherst and are the owners of 6548 Brompton and building a residence for their home. He explained the contractors were ready for bricking when it was discovered that on this wall the floor plat had been laid in reverse. The area in question extends 5Z inches into the rear setback and consists of a bedroom and bath. To comply with zoning ordinance would require moving bathtub and commode, all plumbing located beneath them and the wall 512 inches into room. He stated he didn't know how much that would entail as far as roof joists, etc., to replace win- dows and remove brick; that cost would be several thousand dollars. He said he ahd talked to his neighbors•on the rear who would be the only one effected and he had no objection. He stated he could see no visual or safety hazard by leaving as is. The Assistant Building Inspector explained the encroachment was not visible fand that one of the builders had pointed out-the discrepancy which was veri- fied on measurement. Fred Ruger, 5516 Brompton, spoke in opposition to the bariance. Motion was made, seconded and carried, that public hearing be closed. Public hearing to consider application ~~84-7 from Don Barnett to place two air conditioning condensors into the 3 ft. side setback and build a wooden 165 is~ deck in the back yard extending into rear and side setback on Lot 19 Block 3 Rice Court Addition 3126 Georgetown was opened. It was ascertained that Notice of Public hearing was published in the Houston Chronicle on May 1, 1984; Notice to Property Owners was mailed on April 30, 1984; Chairperson Billings administered the oath to those desiring to speak on application ~~84-7. .Board members introduced themselves and gave their addresses in the City. Mr. Barnett stated that the two air conditioners ahd been moved from the rear of the house into the side setback to enable a deck to be constructed around and adjacent to a swimming pool. He said he presumed a permit had been secur- ed by the contractor, but found this was not true when Mr. Perry discovered the air conditioners were in violation and also the deck by encroaching into the rear and side setbacks. Also said neighbor did not object to air conditioners where located. He also stated upon questioning that if denied the alternative would be to remove portions of deck which encroaced and place air conditioners back in rear. The foolowing letter was read:. "May 9, 1984 I have viewed this situation and looked into it very carefully and feel that if the two air conditioners were to be moved it would be a greater noise fac- tor for me. My den and patio are sued quite frequently and it could be an irritation to hear the air conditioners going on and off. The present location affords me quietness. Judith Berardine 3122 Georgetown" The following was read in opposition to the application: "May 5, 1984 City of West University Place Zoning Board of Adjustment City Hall Building 3800 University Boulevard Houston, Texas 77005 Re: Appeal 84-7 Members of the Zoning Board of Adjustment We, the undersigned property owners in West University Place, are opposed to the placement of the air conditioner condensors between 3126 Georgetown and 3122 George- town for the following reasons: 16'7 1. a variance of this nature will set a detrimental precedent that could allow the dissolve and/or alteration of other ordinances that, for years, have preserved the charm, prestige and value of West University. 2. This encroachment will also allow a transfer of noise from the condensors to the neighboring house. i Michael & Maxine Winter 3-112 Georgetown J. H. Cheek & Estelle Cheek 3115 Georgetown J. C. Morton & Lou Morton 3101 Georgetown" Upon motion duly made, seconded and carried, the public hearing was closed. Board members reviewed application ~~84-6. Motion by Mr. Petronella, seconded by Mrs. Fougerat, that application ~~84-6 from Mr. George Berg, Jr. concerning S50' of E112' of Lot 1 Block 9 WUP 1st Addition 6548 Brompton be granted a variance to encroach second floor bedroom and bath 5 2/3" into the twenty (20) foot rear setback area. Voting Aye; Fougerat Petronella Froman Voting No: Billings Due to the Zoning Board of Adjustment's Rules of Procedure, which reads as follows: "Every application shall be disallowed unless the concurring vote of four (4) mem- bers of the Board favor the appeal or application." Therefore, application ~~84-6 was disallowed. Board members reviewed application ~~84-7. The discussion was that there were alter- nate means of using the property without violation of the ordinance and that .the applicant had failed to show that it was necessary for use of the property to place the units in the location they were. Motion by Mr. Fromen, seconded by Mrs. Petronella, that application ~~84-7 filed by Don Barnett concerning Voting Aye: Billings Voting No: None Fougerat Fromen Petronella Lot 19 Block 3 Belle Court Addition 3126 Georgetown be denied, inasmuch as literal enforcement of the ordinance would not cause un- necessary hardship, and would not be contrary to the public interest. isg Upon motion duly made, seconded and carried, the meeting was adjourned. ~~ N ATTEST: ~~ ~ i~ ~, ~ y~ i ~ ~ SECRETARY 1