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HomeMy WebLinkAbout12191985 ZBA MinutesREGULAR MEETING ZONING .BOARD OR ADJUSTMENT DECEMBER 19, 1985 7:30 P.M. The Zoning Board of Adjustment of the City of West University Place convened in regular session at the City Hall on Thursday, December 19, 1985 at 7:30 p.m. with the following members present: Chairperson Billings, presiding; members Robert Crain, John Maloney, Opal McKelvey; alternate members Robert Heaton, Doris Marshall and Ralph McNeir. Mr. Heaton was designated to sit in the absence of member Sterling Minor. Chief Building Inspector, Wayne E. Perry, was also present. Chairperson Billings ascertained that Notice of Meeting had been posted in °~ the City Hall on December 13, 1985; Notice of Public Hearing was published in the Houston Chronicle on December 7, 1985; Notice to Interested Property Owners mailed on November 19, 1985. He also introduced himself and gave ,~ his address in the City followed by other members of the Board and admini- stered the oath to all those present wishing to speak. Public Hearing to consider application ~~85-8 from. Intercity Investment Prop- erties, Inc., Dan Bryan and Associates, Inc. (agent), represented by J. D. Bryan to construct a dumpster into the front setback on: Lot 1,2,and 3 Block 22 College View 1st Addition Lot 18,19and 20 Block 1 Cambridge Place Addition 4056 Bellaire Boulevard was opened. Mr. Bryan presented a written presentation describing the request, which follows in its entirety: "December 18, 1985 Honorable Zoning Board of Adjustment City of West University Place 3800 University Boulevard Houston, Texas 77005 Re: Appeal - Bellaire Shopping Center, 4004-4060 Bellaire Blvd. Gentlemen: Dan Bryan and Associates, Inc., as agent for Intercity Investment Properties, Inc., owner of the Bellaire Shopping Center respect- fully requests your consideration of a zoning variance to the existing city ordinances to permit an existing trash enclosure constructed in front of the Black-Eyed Pea restaurant that is situated within the building "set-back" line to remain in place. 215 21~ The owner's purpose for constructing this trash enclosure was to hide a very unsightly and unsanitary trash container from view from the restaurant's front door, the parking areas of the shopping center, and traffic on Bellaire Blvd. Construction was initiated without knowledge of a zoning vio- lation and without a building permit as no permit was required. The owner's agent's decision to proceed was based on the belief that such a structure having no roof or utilities, being behind the plane of recently erected pylon signs and serving the good of the restaurant, shopping center, and city would be a welcome improvement for all. The enclosure is a three sided structure, having no roof and being constructed out of concrete blocks. Plans are to paint the enclosure to match the shopping center in order to improve its appearance. The open side faces and is parallel to Bellaire Boulevard to allow the maximum blockage of view of the container in- side. Two vertical steel bollards are along the inside rear wall of the enclosure and two additional steel bollards protect the side walls from collisions by garbage trucks. The enclosure consumes one parking space on the concrete parking lot and has the following dimensions: Height - 8'7" Rear wall width - 10'7" Side wall width - 10' Width of opening - 10'7" Distance from building - 10'8" Distance from street - 31'6" Distance from property line - 5'' Distance from front door - 44'5" The owner has just completed remodeling the entire front of the shopping center, including new signage, two new pylon signs and new landscaping along Bellaire Boulevard, and in this spirit, is seeking to cure an unsightly "eyesore". It is for these reasons and the good of the community that the appellant now appeals, in accordance with the provisions of the zoning ordinance, to the Honorable Zoning Board of Adjustment to grant the heretofore requested variance, and to permit him to use the completed premises as a trash con- tainer enclosure. Respectfully submitted, Intercity Investment Properties, Inc. Dan Bryan & Associates, Inc. (Agent) J. D. Bryan Appellant" 2i~ Also presented was a site plan of the premises on which was shown location of the enclosure of dumpster and photographs of enclosure. He stated error was made by constructor in not obtaining a permit before construction. During discussion of the application with Mr. Bryan, it was .ascertained that before the enclosure was built a dumpster was placed in the same location; there is only 5 feet from rear of building to property line; that the building is approximately 39 feet from front property line making enclosure approximately 29 feet from:-property line; and if application should be denied the dumpster would still stand in the same location. Chief Building Inspector, Wayne E. Perry, reiterated Mr. Bryan's pre sentation stating the enclosure was in process, or nearly. completed, when he saw it and that a permit should have been taken for the con- struction. Motion by Mr. Crain, seconded by Mr. Maloney, that an exception be granted as provided in Sec. 29 (4) D for the limited pursue of building a tree sided wall around a trash receptacle as applied for on applica- tion ~~85-8 from Intercity Investment Properties, Inc., Dan Bryan & Associates, Inc. (Agent), represented by J. D. Bryan on: Lots 1, 2, and 3 Block 22 College View 1st Addition Lots 18, 19, and 20 Block 1 Cambridge Place Addition During discussion of the motion, Mr. Heaton offered the following amend- ment: "That the enclosure be no greater than 10 ft. x 12 ft. x 9 ft. tall, and be painted in a color complementary to the main struc- ture." Mr. Crain and Mr. Maloney accepted the amendment. Voting Aye: Billings Voting No: None Crain Heaton Maloney McKelvey Minutes of the regular meeting of the Zoning Board of Adjustment on October 18, 1985 and November 21, 1985 were submitted and corrections made. These minutes are to be re-submitted for approval at the next regular meeting of the .Board. Upon motion duly made, seconded and carried, the meeting adjourned. 218 ,~: .f ~_ ~_ CHAIRMAN ATTEST: erx. L~ ~-~'- L- SEC ETARY 0