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HomeMy WebLinkAbout09191984 ZBA Minutes1~1 C REGULAR MEETING ZONING BOARD OF ADJUSTMENT SEPTEMBER 19, 1984 The Zoning Board of Adjustment of the City of .West University Place convened in regular session at the City Hall on Wednesday, September 19, 1984, 7:30 p.m., with the following members present: Chairman Billings, Members Crane, Fougerat, McKelvey and Padgett. Chairman Billings introduced himself and. gave his address in the city, followed by other members of the Board. Chairman Billings ascertained from the secretary that Notice of Meeting. had been posted in the City Hall on September 14, 1984; Notice of Public Hearing publi- shed in the Houston Chronicle on September 3, 1984; and Notice to Interested pro- perty owners were mailed on August 28, 1984. The Secretary read the Notice of Public Hearing as published. Notice is hereby given that the Zoning Board of Adjustment of the City of West University Place,. 3800 University Boulevard, Houston, Texas 77005, will hold a Public Hearing on September 19, 1984, 7:30 P.M., at which time it will hear all persons desiring to be heard in connection with an application Docketed 84-9 filed by Alfonso and Sandra Varella and involves the following property in West University Place,. Texas: Lot 25, Block 12 Rice Court Addition 2808 Amherst Street Chairman Billings administered the Oath to all those persons in attendance de- siring to speak and requested that each give their name and address when speak- ing. Motion made and seconded that the Public Hearing be opened. To the Honorable. Zoning Board of Adjustment City of West University Place, Texas In the sincerest spirit of cooperation and community participation I began weekly visits in the months of February and: March to discuss my architectural sketches with Mr. Pepin for the remodeling and restoration of our house at 2808 Amherst. In order to eliminate any possible problems that may arise we jointly discussed and made changes as per his suggestions and recommendations. The issues of doors and lighting were talked about at length, particularly the doors on the west side with respect to safety and to the limited amount of space. Finally after all the discussions and added costly wait of 10 to 12 weeks a permit was granted in May by Mr. Kahn who assumed Mr. Peppin`s work load. Since there is no room to accommodate steps, an elevated wood sidewalk of approximate finish floor height was refelected on PLAN ADDENDUM sheet 1 and sections of the drawing approved. i Wing Board of Adjustment 1 ptember 19, 1984 Page Two After construction began Mr. Perry on his 2nd or 3rd routine inspection informed me that the wood sidewalk in question was more than b" above grade and thus in violation. Unfortunately Mr. Perry did not have the benefit of those work sessions with Mr. Pepin and myself. In the meantime extensive economic hardships to the degree of $6,.000 plus has. been spent on safety glass doors and lighting alone. These expensive costs have been incurred in order to make exciting and entering that side of the house safe, accessible and aesthetically pleasing. As an architect and actively involved citizen in the City of West University, and in the spirit of positive cooperation I am requesting a variance by the Zoning Board of Adjustment, allowing to raise the wood sidewalk or landing from 6" to 20", or a 14" difference, above grade in order to make it an accessible;:. safe and viable sidewalk,. which after much study is the only manner the problem can be solved architecturally. Chairman Billings announced that the Board would first hear from all those pre- sent who wished to speak in favor of the application and then hear anyone in attendance desiring to speak against the application. After determining there were no other persons desiring to speak in favor of the application and no correspondence favoring the application, Chairman Billings requested that the letter received in opposition to the application be read: This is to advise you that I am opposed to any construction that is in violation of Section 24-3 of the Zoning Ordinance which requires a set- back of 3 feet from side property lines. By granting the request of the Varelas, it will (1) reduce the amount of green area between houses, (2) can prevent privacy, (3) could obstruct proper lot drainage, as well as create other problems. Also, if the Zoning Ordinance is not properly upheld for all property owners, our City could soon become one of townhouses with a common wall. Therefore, I think Mr. & Mrs. Varela's appeal should be denied, and urge you to do so. Mrs. B. B. Kennerly 2907 Amherst Speaking for the city in opposition to the application, Building Inspector Wayne Perry stated that the. deck would be in violation of Section 24-3 of the Zoning Ordinance which requires a setback of three (3') feet from side property lines for any construction, with the exception of a concrete sidewalk or driveway. In response to a question from Mr. Crain regarding the meaning of "construction of any kind" to differentiate the construction of a wooden sidewalk and concrete sidewalk Mr. Perry replied that through the years the city had permitted construc- tion of anything that could conceivable be considered a sidewalk. Zoning Board of Adjustment September 19, 1984 Page Three 1'7 3 Motion by Ms. Padgett, seconded by Ms. Fougerat, that the Public Hearing to con- sider Application Docketed 84-9 be closed. Following a short break Chairman Billings re-convened the meeting to consider Ap- plication Docketed 84-10. Chairman Billings introduced himself and gave his address in the city, followed by other members of the Board. Chairman Billings ascertained from the secretary that Notice of Meeting had been posted in the City Hall on September 14, 1981; Notice of Public Hearing published ~, in the Houston Chronicle on September 3, 1984; and Notice to Interested property owners were mailed on August 29, 1984 The Secretary read the Notice of Public Hearing as published: Notice is hereby given that the Zoning Board of Adjustment of the City of West University Place, 3800 University Boulevard, Houston, Texas 77005, will hold a Public Hearing on September 19, 1984, 8:00 P.M., at which time it will hear all persons desiring to be heard in connection with an application Docketed 84-10 filed by Gaylord Hanes and involves the following property in West University Place, Texas: East 70'x100', Lot 1, Block 13 West University Place 1st Addition 6448 Belmont Chairman Billings administered the Oath to all those. persons in attendance de- siring to speak and requested that each give their name and address when speak- ing. Motion made and seconded and carried that the Public Hearing be opened. Mr. Haynes stated that he purchased the property located at 6448 $elmont and plan- ned to remove the existing house for construction of a new home. Subsequent to his purchase he had learned that the seven (7') foot rear setback that was in force when the existing structure was completed and had now been changed to twenty (20`) feet in the rear. Having to use current setback requirements would not. permit him to build the house he desired. Mr. Haynes requested that the Board consider letting him use the same setbacks as were permitted for the original construction in the rear and not require him to adhere to the existing thirty (30') foot setback required on Belmont. Mr. Perry stated .that the original lot had been sub-divided into three lots on March 27, 1947 and permit issued in August of that year. After determining. that there were no additional persons desiring to speak in favor of the application and that no correspondence had been received favoring the ap- plication, Chairman Billings requested that anyone in opposition to the applica- tion be heard at this time. Building Inspector Wayne Perry stated that the problem comes in with the configu- ration of the lot and the ordinance requires a minimum twenty (20`) foot rear yard and that following established setbacks Mr. Haynes would only have twenty (20`) of buildable property. Zoning Board of Adjustment eptember 19, 1984 ~. ~ age Four It was explained to Mr. Ron Borge, 3008. Pittsburg, that the Zoning Board of Adjust- ment has the power to grant variances to the Zoning Ordinance but not to change it in response to his request that the Zoning Ordinance be .changed to permit precidents. Mr. Borge stated that he realized that the process was complex and he did not know if he agreed or not. Following his. determination that there were no others present desiring to be heard, and that no correspondence had been received opposing the application Chairman Billings entertained a motion that the Public Hearing be closed. Motion made, seconded and carried that the Public Hearing to consider Docket 84-10 be closed. Chairman Billings requested that Mr. Haynes leave all of his material for consi- deration by the Board The meeting re-convened to consider application Docketed 84-9,,2808 Amherst. Following a general discussion by Board members on the application, motion by Mrs. McKelvey, seconded by Mrs. Fougerat, that the-application docketed 84-9 be denied because the applicant did not show the Board that literal enforce- ment of the Zoning Ordinance would not cause unnecessary hardship. Voting Aye: Billings. Voting No: None Crain Fougerat McKelvey Padgett Following a general discussion by Board members on the application, motion by Mrs. McKelvey, seconded by Mrs. Fougerat, that in view of the fact that the ap- plicant has shown a hardship that application Docketed 84-10 by Gaylord Hayes on the East 70' of Lot 1, Block 12, West University Place 1st Addition, 6448 Belmont be granted, so that a structure no greater than thirty-three feet by seventy feet (33' x 70') may be built; such structure to be no closer than ten (10') feet from the rear property line; no closer than twenty-seven (27`) from the front property line; no closer. than ten (10`) feet from the north or in- terior, side property line; and consisting of no more than two (2) stories, with a total height no greater than twenty-eight (28') feet, as defined in the Zoning Ordinance; and that the variance be effective only if the property owner agree to the restrictions and that such restrictions be made of record in the Deed Re- cords of Harris County, Texas. Voting Aye: Billings Voting No: None Crain Fougerat McKelvey Padgett Upon motion duly made, seconded and carried, the meeting adjourned. 1'7 5 t _. ~~' ~ ~.__ CHAIRMAN ATTEST: ~+ SECRETARY 1