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HomeMy WebLinkAbout09181985 ZBA Minutes20R REGULAR MEETING ZONING BOARD OF ADJUSTMENT September 18, 1985 The Zoning Board of Adjustment of the City of 4lest University Place convened in regular session at the City Hall on ~,'ednesday, September 18, 1985, at 7:30 P.M. with the following members present: Chairper- son Billings presiding, Mr. Maloney, Mr. Minor, Mrs. McKelvey; alter- nate members Mr. Heaton, Mrs. Marshall, Mr. McNeir, and Mr. Pickul. Building Inspector Wayne Perry was also present. Chairperson Billings ascertained from the secretary that Notice of Public Hearing had been posted in the City Hall on September 13, 1985, notice to property owners mailed August 25,.1985, and notice published in the Houston Chronicle on September 2, 1985. Board members. introduced themselves and gave the address of their residence in the City. In the absence of member Crain, Mr. Heaton was named to sit at this hearing. Mr. Minor withdrew, because of a possible conflict of in- terest and Mrs. Marshall was named to sit in his place. Chairperson Billings administered an oath to those present desiring to speak on the application. Public Hearing to consider application X685-8 from John W. Wawrose to extend the front setback to twenty (20) feet on: Lot 10, Block 10 College View i & 2 3804 Oberlin was opened. The first speaker was the applicant, John W. [Jawrose, of 3804 Oberlin. Mr. Wawrose explained his reasons for requesting a variance to build his house with a twenty (20) foot front setback, instead of a twenty- seven (27) foot setback was that he had been put under a hardship, due to the fact that when applying for a building permit, he was informed that the east ten (10) feet of the lot was either an unrecorded utility easement or an unusual case of a specific ten (10) foot side setback, which prevents him from building. on 20% of the lot. The .only plot plan configuration which would allow him to build a comfortable home would result in little or no unpaved backyard. Therefore, he was requesting permission to build the home observing the twenty (20) foot setback as required by the Zoning Ordinance. on one hundred (100) foot deep lots. A resident of the 3800 block of Oberlin.. spoke in opposition of the application stating that the other houses on the block are all set- back twenty-seven (27) feet, and for appearances sake the residents proposed Mr. Wawrose draw up new plans to comply with the City of West University Place setback ordinance. Zoning Board of _ September 18, 19b5 Page -2- The following petition was read into the minutes: "We, residents and property owners of the City of West University Place and the 3800 block of Oberlin Street, wish to voice our objection to the granting of the Pet- itioner's request to allow a residence to be built at 3804 Oberlin with a 20 ft. set-back. ~yy `~7 1 We object because of the Petitioner's purchased said pro- perty with implicit if not explicit understanding of the importance of prevailing community standards for land use and. aesthetics in West University Place. Therefore we feel that a critical. community standard. like the setback ordinance should not be compromised simply at the unjust- ifiable request of the Petitioner". Ailsa Seba 3816 Oberlin William H. Mize 3811 Oberlin Nancy Mize 3811 Oberlin. Diane Kruger 3823 Oberlin Mike Kruger 3823 Oberlin Sarg Mann 3825 Oberlin Jim Fulewinder 3826 Oberlin Jim Danoras 3833 Oberlin Joe Kotabra 3812 Oberlin Millie A. Cull 3815 Oberlin James Peppin 3820 Oberlin Rocky Jones 381b Oberlin The following was read into the minutes: "Thank you for sending me the "Notice to Interested Property Owners", dated 8/29/85, regarding the subject matter, i.e., the request to build a residence with a 20' front set-back at 3804 Oberlin. Please accept this letter as my formal written objection to the granting of said request. I-base my objection upon the following-points: 1. If this request were to be granted, it would be measureably easier to grant similar requests. to other future peti- tioners on the block. This would dis- advantage those of us who have recently built to the legal front set-back limits, including the future owner of the petition- er's "spec" house next door at 3808 Oberlin. 2. There is no undue hardship~to the Petitioner in "living" with the currently in-force set- back requirements and easements. As one who Zoning Board of ,.Adjustment September 18, 21 o Page -3- is knowledgeable of the residential building design trade, the City's set-back requirements and the existing easements to the property, I cannot believe that an acceptable house .could not be designed to legally fit the existing circumstances. 3. The Petitioner's request is self serving and does not address the interests of the neighbor- hood. The Petitioner is not now, and most prob- . ably will not. be in the future, a resident of the City. With little more than a profit motive it is difficult to understand how a builder of speculative houses can have the Community's best interests at heart. 4. The Interested Property Owner most affected by the outcome of this matter will not have the opportunity to voice his opinion regarding the Petitioner's re- quest, i.e., the actual resident of 3808 Oberlin. is, as yet, unknown; The Petitioner has this property up for sale. 5. The Petitioner should not be allowed to represent the interests of 3808 Oberlin for the reasons presented in 4) and 5) above. Thank you for the opportunity to express my objection to the subject request. West University Place is a great place to live. Let's keep it that way!". James H. Pepin Property Owner Upon motion-duly made, seconded and carried, the Public Hearing was adjourned. The meeting recessed. Board members reviewed application ~~85-8, covering hardship involved in maintenance of the ten (10) foot side setback, instead of the usual three (3) foot law, new plans to conform to zoning ordinance could be accomplish- ed within the setbacks, coverage of back yard with brick patio and/or drive- way and impact on remainder of the block. A motion by Mrs. Marshall was made to have Mr. Wawrose redesign the house plan to conform more suitably to the property in question.. Motion died for lack of a second. Motion by Mr. Heaton, seconded by Mr. Maloney, that application ~~85-8 from John W. Wawrose to extend the front serback line to the twenty (2) foot line on: Lot 10 Block 10 College View 1 & 2 3804 Oberlin ~' Zoning Board of September 18, 1985 Page -4- be allowed to build within twenty-three and one-half (23~) feet from the front property line, or to extend .three and one-half (3~) feet past the established front .setback of twenty-seven_(27) feet, provided that the applicant furnish the City with affidavit agreeing not to build any structures on the east ten (10) feet of the property, and that such affidavit be filed for record in the Deed Records of Harris County, Texas. Voting Aye: Chairperson Billings, Mr. Maloney, Mr. Heaton, Mrs. McKelvey. Voting No: Mrs. Doris Marshall Members reviewed the Rules of Procedure of the Zoning Board of Adjustment and approved the following amendments: Article I, Sec. l: Change meeting date to the third Thursday of each month. Article II, Sec. 2: "All information called for by Form No. 1 shall be furnished by applicant in the manner therein prescribed, and all notices shall be given and Form No. 2, or such other form as may be approved by the Board". Article III, Sec. 1: On line 2, the word "dated" shall be insert- ed after '"docketed". Sec. 2, on line 5, add after the word "day", or for which the meeting requirements of the State of Texas cannot be complied with". Article V, Sec. 3: On line 3, after the word "construction", de- lete the."completed within six (6) months" and insert "commenced and completed within two (2) years". Minutes of the Zoning Board of Adjustment meetings of June 19, 1985 and September 9, 1985 were approved as submitted. With no further business to bring before the Board, upon motion duly made, seconded and carried, the meeting adjourned at 10:30 P.M. G~ /~ -__- CHAIRMAN ATTEST: SE RETARY 211 212 ~~