Loading...
HomeMy WebLinkAbout05151985 ZBA Minutes189 r~ li L~ J REGULAR MEETING ZONING BOARD OF ADJUSTMENT MAY 15, 1985 The Zoning Board of Adjustment of the City of West University Place convened in regular session at the City Hall on Wednesday,. May 15, 1985,-7:30 p.m., with the following members present: Chairman Billings, presiding; members Padgett, Fougerat and McKelvey. 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 April 26, 1985; Notice of Public Hearing was. published in the Houston Chronicle on April 29, 1985; and Notice to Interested Property Owners were mailed on May 26, 1985. 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 Wednesday, May 15, 1985 at 7:30 p.m., at which time it will hear persons. desiring to be heard in connection with an application docket number 85-5 filed by Briand Builders, Inc. and involves the following property in West University Place, Texas Lot 3A, Block 53 West University 2nd Addition 3601 Rice Boulevard 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 was made, seconded and carried that the Public Hearing be opened. Mr. Steven. L. Pontbriand, President, Briand Builders, .Inc., presented the follow- ing information in connection with his request for an exception to the Zoning Ordi- nance to permit location of air conditioning and heating unit to encroach into the side setback 21z ` . Briand Builders made a substantial investment in moving property based on information received in advance from the West University Place permit Department. Specifically, the house was moved to the present location with the necessity to use a portion of the 5' side building line in order to utilize the existing air conditioning system. After having been granted permission went in a certain manner we find out being required to file for a varianc nance. to layout our air conditioning equip- now that, after the fact, we are or an exception to a zoning ordi- What's disturbing is that from the information we received, variances or exceptions are seldom approved, if at all. At this point it would be virtually impossible and cost prohibitive to revamp the system or to reroute the air conditioning ductwork 1 ning Board of Adjustment y 15, 1985 Page Two, under the house without disturbing its structural integrity. It is our position, that Briand Builders, Inc. made a substantial investment on the subject property based on the prior consent of the West University Place Permit Department, and, therefore, should be granted this variance. Briand Builders has made every effort to satisfy all of West Uni- versity's codes and policies in the past in the spirit of full cooperation. We are now asking for the City's indulgence and cooperation in al- lowing this exception. Chairman Billings determined that there were no others in attendance desiring to speak in favor of the application and that no correspondence had been re- ceived in support of the application. Chairman Billings .requested that anyone in attendance desiring to speak against the application be heard at this time.. Building Inspector Wayne Perry stated that his denial of the application was based on Section 4 of 24, paragraph 3, which requires a side. setback of five feet on corner lots. Mr. Russell Schulze, 3518 Rice Boulevard, submitted the following letter on behalf of Earl and Paula Britton, 3522 Rice Boulevard: Although we are not able to personally attend the public hearing con- cerning the request for a non-conforming approval to locate air handl- ing equipment outside the building line, I would appreciate your enter- ing the letter into the minutes and considering its contents in your decision:. We, Earle and Paula Britton, reside at 3522 Rice Boulevard diagonally across. Rice at Mercer from the subject site. We are opposed to the request to locate this equipment outside the building line for the following reasons: 1) Building lines are established as limits for the entire City and modification of this ministered. We recently had a request for a iron fence to cantilever .around the trunk of building line and it .was denied. Others wit] have every reason to expect that the "rules" others. as well. for on-site construction limit must be fairly ad- small portion of a wrought a large oak growing on the i similar requests and denials are to be maintained by 2) The. position of this equipment on the most prominent corner of the site is in itself a poor choice as it relates to the value of the pro- perty and the values of the properties having to view the equipment. Although the equipment is their presently, and recently screened with plants, this should not be a factor in the decision to disallow this violation. Zoning Board of Adjustment ~ 9 1 May 15, 1985 Page Three 3) If hardship is the basis for the request several issues should be considered. The choice for placement of this equipment was made by the developer who moved the house from its earlier location to this position on the site. The site density is excessive since these homes were constructed just prior to the passage of the site coverage ordi- nance to avoid conformity with it. It cannot be a hardship condition since it was a self inflicted decision. We ask that you deny this request and require site area conformity with ~' the ordinance as it is written and enforced in other situations. After the Chairman ascertained there were no more residents desiring to speak °~ against the application, motion made, seconded and carried that the Public Hear- ing be closed on Application 4~g5-5 Motion made, seconded and carried that the Public Hearing called to consider appli- cation 85-fs be opened.. 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 April 26, 1985; Notice of Public Hearing was published in the Houston Chronicle on April 29, 1985; and Notice to Interested Propery Owners were mailed on April 26, 1985. 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 Wednesday, May 15, 1985 at 8:00 p.m., at which time it will hear all persons desiring to be heard in connection with an application docketed number 85-6 filed by Robert Lang and involves the following property in West University Place, Texas: South Half of Lot 12 Block 40 West University Place 2nd Addition 6647 Rutgers Chairman Billings administered the Oath of Office to all those persons in atten- dance desiring to speak and requested that each give their name and address when speaking. Mr. Robert Lang, 6647 Rutgers, stated that his request was fairly simple and his request was for the location of a stairway within three (3') feet of the inside property line. Mr. Lang stated that he was aware of the fact that he did not ob- tain a permit and that he had noldsdomwaseto move the stairscin a footaandsthatdhe that about. the only thing he cou could not see that doing that would serve the purpose. Zoning Board of Adjustment Ma 1985 Pa ur Mr. Lang advised that. the stairs were located about two(2)feet from the side property line and had been constructed the height of his backdoor to reach easily. Board members questioned Mr. Lang about the construction and discussed possible alternatives. Following his determination that there were no .other residents desiring to speak in favor of the application. and no correspondence in favor of the. application, Chairman Billings invited those who were opposed to the application to speak. Building Inspector Wayne Perry spoke against the application, citing Section 24, Paragraph 3, which prohibits building of any structure within three(3)feet of the side property line. Following determination by Chariman Billings that there. were no others desiring to oppose. the application and no correspondence opposing the application, motion made, seconded and carried, that the public hearing to consider Application 85-6 be closed. Following a short break, the Board reconvened. Chairman Billings noted that again no minutes of previous meetings had been received by Board members and that at a meeting with the new City Council he had requested that Building Inspector Wayne Perry be furnished secretarial help.. Following discussion of the applciations that had been considered the Board rendered the following decisions: Motion by Ms. Padgett, seconded by Ms. Fougerat, that Application 85-5 be granted on the condition that the property. owner would agree that no fence or other structure be built within five(5)feet of the air conditioning condensing unit, and that such restriction be made a part of the permanent deed restrictions and made of record of the deed records of Harris County, Texas. Voting Aye: All Voting No: None The next order of business was the consideration of appeal Application 85-6.. There- upon the Board entered into a general discussion of the application and the evidence presented.. It was pointed out that there were numerous alternatives, which the land- owner could use to accomplish the desired use of the property. It was further pointed out that the only hardship testified to was. one created by the property owner and not one which meets the requirements the. Board must meet in order to grant a variance. Motion by P-is. Fougerat, seconded by Ms. Padgett, that Application 85-6 be denied on the grounds that it was not a proven hardship. Voting Aye: All Voting No: None The Board then discussed the possibility of approaching the City Council to express concern over the lack of minutes for past meetings. Chairman offered to address a letter to the Council requesting that members be furnished minutes of past meetings. Upon motion duly made, seconded and carried, the meeting adjourned at 9:20 P. M. 1 ATTEST: 205 20~