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HomeMy WebLinkAbout07181979 ZBA MinutesREGiJLAR MEETING ZONING BOARD OF ADJUSTMENT JULY 18, 1979 The Zoning Board of Adjustment of the City of 6Nest University Place convened in regular session at 7:30 p.m., Wednesday, July 18, 1979, with the following mem- bers present: Chairman Doughty, presiding; Members Billings, Commander, Fougerat and McCandless. Alternate member Rieger was also present. Chairman Doughty had the secretary read the Notice of Public JIearing and explained the procedure to be followed during the hearing. Motion by Mr. Billings, seconded by Mr. Commander, that the Public Hearing to con- - sider application docketed no. 79-7 from Mrs. Evangelos Papalexandrisa to leave an almost completed fireplace extending appro~limately 20 inches into the front setback, be opened. ~. Voting Aye: Billings Voting No: None Commander Doughty Fougerat McCandless Chairman Doughty ascertained from the secretary that notice of meeting was posted on July 13, 1979, that publication of notice of public hearing appeared in The Southwestern Argus on June 27, 1979 and the notice to property owners was mailed on June 27, 1979. Mr. Doughty also introduced himself and gave his residence in the city followed by other Board members and administered an oath to those in the audience desiring to speak on the application. Mrs. Papalexandrisa stated that a permit to enclose the garage had been issued and when the permit for the fireplace was issued her husband talked with the Building Inspector and it was his understanding that the fireplace could extend as far out as the eave of the house. After the foundation had been poured and the fireplace framed and everything finished except the stucco, the Inspector came by and said that the fireplace could not extend further than the front wall; that a house further down the block from her had an extension or post which was beyond the front building line. During the questioning from members of the Board, it was elicited that custom made windows had already been installed and if they were required to move the fire- place into the room, it would cut down on the size of the living room and lose the light from the windows and greatly distract from looks of house; that the onlyal- ternative was to move the fireplace forward into the living area. Chairman Doughty submitted letters from the following residents in favor of granting the application; Lewis Jackson, 4253 Lehigh; P~Ir. and Mrs. R. E. May, 4255 Lehigh; Mr. and. Mrs. Clyde J. Boren, 4239 Lehigh; Mr. and Mrs. E. J. Parks, 4243 Lehigh; R. J. Golden, 4239 Emory; E. 0. Boyd, 4235 Sunset; and The Jack Bar- bers, 4259 Lehigh. The following petition was submitted in support of the application: "July 12, 1979. We, the undersigned, residents of the City of .West University Place, hereby peti- 25 2~ tion the Zoning Board to allow a variance of 20" into the front setback at 4247 Lehigh, residence of Mr. and Mrs. E. Papalexandris. By our signature, we indicate our approval of this variance: Ilze Lazdins, 4246 Lehigh; Laverne J. Ryan, 4253 Lehigh;. Lewis P. Jackson, 4253 Lehigh; Mamie Jackson., 4253 Lehigh; Robert E. May, 4255 Lehigh; Carrie May, 4255 Lehigh; Jack Barber, 4259 Lehigh; Ethlrie Barber, 4259 Lehigh; Margaret Ehler, 4254 Lehigh; Mr. and Mrs. Howard L. Mays, 4250 Lehigh; Mr. and Mrs. C. S. Pinnix, 4244 Lehigh; Mr. and Mrs. C. J. Boren, 4239 Lehigh; JOhn J. Dobler III, 4235 Lehigh; Candice Dobler, 4235 Lehigh; Jack H. Norman, 4227 Lehigh; Mrs. M. A. Bettler, 4223 Lehigh; Kenneth Eblen, 4254 Lehigh; Judith Parks, 4243 Lehigh; E. J. Parks, III, 4234 Lehigh; Mrs. Frances Bouscaren, 4240 Lehigh; Susan Goodson, 4236 Lehigh; Sam Cowen, 4236 Le- high; Don Dye, 4228 Lehigh; Donna Rice, 4228 Lehigh; Linda Colthart, 4224 Le- high; Mr. and Mrs. Temple S. Morrow, 4226 Lehigh; A. R. Magdalena, 4219 Lehigh; Mrs. A. R. Magdalena, 4219 Lehigh; C. H. .Green, 4207 Lehigh; Becky GAudet, 4201 Lehigh; Joe Featherton, 4201 Lehigh; Ted Webb, 4211 SUnset,-Leigh Hollyer, 4211 Sunset." The following spoke in support of the appplication: Marcellus A. Bettler, 4223 Lehigh, stated they had lived here since 1950 and that a number of neighbors are making improvements on their houses and that the im- provements which have been made here have improved it immensely. Mrs. Robert E. May, 4255 Lehigh, stated she can see no reason why it would be a detriment. Linda Colthart, 4224 Lehigh, stated that the work was done in good faith and it would be a tremendous expense and waste to make them tear it out. Ilza Lazdins, 4246 Lehigh, remodeling has improved the property. Mrs. Howard L. Mays, 4250 Lehigh, stated she agreed they did the best they could and are making a lovely home - one. of the nicest on the block. Mrs. Jack W. Barber, 4259 Lehigh, stated that she greed that it looked beautiful. Mrs. Robert E. May, 4255 Lehigh, stated she agree they did the work in good faith, that it is all finished except the concrete, and that it would be very sad to make them tear it down. Mrs. B. F. Bourscaren, 4240 Lehigh, stated it was going to be beautiful and she would like to see it stay. Judith Parks, 4243 Lehigh, stated she felt it is a definite improvement to pro- perty and neighborhood, that she could see no sense in tearing~it down and that it added to the neighborhood. Building Inspector Perry stated that in his regular rounds he notices the fireplace did not meet the rec{uirements of the zoning ordinance in that it extended beyond the main building line of the house; that he conceded there could have been a mis- understanding and interpretation from their discussion; that he had worked with the Papalexandrisas and they had been most cooperative and that the zoning ordinance does allow an eave overhand of 2 ft. 2'7 Questioning elicited the information that the front setback of the house is 20 ft. and that the foundation for the fireplace has been poured and is about 15 ft. deep. Motion by Mr. Billings, seconded by Mr. Commander, that Public Hearing be closed.. Voting Aye: Billings Voting. No: None Commander Doughty Fougerat McCandless Motion by Mr. Billings, seconded by Mr. Commander, that Public Hearing to consider application docketed #79-8 from R. J. Simon to leave garage height as constructed 10 inches higher than the 25 ft. requirement, be opened. Voting Aye: Billings Voting No: None Commander Doughty Fougerat McCandless Chairman Doughty ascertained from the secretary that notice of public hearing had been published in the Southwestern Argus on June 27, 1979 and letters to property owners mailed on June 27, 1979. Mr. Doughty introduced himself and stated the address of his residence followed by other Board members, explained the procedure to be followed and administered an oath to all those in the audience desiring to speak. Mr. Simon stated that his request was to leave the 10' the garage was in viola- tion because the pitch matched the pitch of the other roof lines of the house; that he had bought the house which had been started and left in a state of aban- donment for nearly two years; that he had bought the plans with the property and had continued the construction from those plans with the exception of the garage which had been modified and servants quarters built over the garage; that modi- fications were not in violation of ordinances. Mr. Simon submitted plans, with modifications of the house and garage with quarters. During discussion and questioning Mr. Simon stated that if application denied he would, of course, remove the offending 10 inches, but that he would have to go to a flat roof i•:hich would not be aesthetically in accord with the other roof lines; 40% coverage of rear 20 ft. of property was c~.iscussed; coverage of permit secured; that neighbors to rear had complained about structure overlooking their back yards; servants quarters; and that Mr. Simon had signed an affidavit concerning the quarters; and definition of accessory building. Building Inspector Perry stated that the garage structure exceeded the 25 ft. height requirement of the zoning ordinance. Mr. Dave Miller, 6335 Brompton, stated that the request for variance is directed to the height of the garage which is not the basic issue; that this is whether or not there should be living quarters that close to the rear lot line; that the quarters have access from the building; that the room is not compartmented from 28 balance of house; that it has doors on the deck; and that in his opinion the eventual use of the auarters is other than simply servants quarters or gzme room; that in meeting with Mr. Simon concerning removal of the auarters Mr. Simon had said "that he would like. to help yon: out, but my wife has her heart set on it". Chairman Doughty advised Mr. Miller that Mr. Simon had signed an affidavit which establishes his intent and that there is nothing the Board can do in that regard as the only violation involved is the height of the structure. After a brief discussion with Mr. Miller concerning his concerns he was advised that the Zoning and Planning Commission and the Zoning Board of Adjustment have been requested to study the zoning ordinance for recommendations for possible amendment to it and that input from him on these matters would be helpful. Motion by Mr. Commander, seconded by Mr. McCandless, that Public Hearing be closed. Voting Aye: Billings Voting No: None Commander Doughty Fougerat McCandless Motion by Mr. Commander, seconded by Mr. Billings, that public hearing to consider application docketed #79-g from Mr. John Sasser for an air conditioning unit to remain within one foot of the side setback, be opened. Voting Aye: Billings Voting No: None Commander Doughty Fougerat McCandless Mr. Sasser advised the Board that he and the contractor had made arrangements to have the air conditioning unit moved to meet requirements and he requested that hearing be postponed to a later date in the event the contractor did not fulfill his contract. Motion by Mr. Billings, seconded by Mr. Commander, that public hearing on applica- tion docketed #79-9 be postponed until the next regular meeting of the Zoning Board of Adjustment on August 15, 1979. Voting Aye: Billings Voting No: None Commander Foughty Fougerat McCandless Motion by Mr. Billings, seconded by Mr. Commander, that public hearing to consider application docketed #79-10 from Mr. Robert Kendrick concerning inter- pretation of porch, be opened. 29 Voting Aye: Billings Voting No: None Commander Doughty Fougerat McCandless Chairman Doughty ascertained from the secretary that notice of public hearing had been published in The Southwestern Argus on June 27, 1979 and letter to property owners mailed June. 27, 1979. He introduced himself and stated his residence followed by other Board members, explained the procedure to be followed, and administered an oath to those in ~. the audience desiring to speak on the application. htr. Kendrick presented plans for the construction of a house which showed a porch entirely across the front of the house and extending across the driveway to the side setback in front of a carport and stated that he did not agree with the Building Inspector's interpretation that the extension of the porch across the driveway was in violation of the zoning ordinance. Mr. Ray Kerr, 6212 Rutgers, asked if he might see the .plans, and after studying then stated he was concerned about closing of front porch and would hate to see the building line broken. Building INspector Perry stated that the zoning ordinance allows a front porch a maximum of 10 ft, in the front yard; that the front of the carport cannot be cal-led a porch; that a vehicle parked in the carport would extend into this area. During discussion with Mr. Kendrick, it was ascertained that the carport could not be pushed back further because of a large pecan tree directly behind it which he was trying to preserve; that the existing building on the lot, at this time was being considered as a dressing room for the pool; and that his only alternative would be to remove a 60 ft. pecan tree. Motion by Mr. Billings, seconded by Mr. McCandless, that public hearing be closed. Voting Aye: Billings Voting No: None Commander Doughty Fougerat McCandless The meeting was recessed for five minutes. Procedure of Zoning Board of Adjustment was presented for consideration. Following a review of the procedure the following action was taken: Motion by Mr. Billings, seconded by Mr. Commander, that Procedure of Zoning Board of Adjust- ment be adopted as submitted. Voting Aye: Billings Voting No: None Commander Doughty Fougerat McCandles s 30 Minutes of the regular meeting of the Zoning Board of Adjustment on May 16, 1979 were approved as corrected. Board members reviewed application docketed #79-7 Mrs. Mrs. Evangelos Papalexandrisa discussing intent of applicant in that it appeared the violation was in adver- tently done by a misunderstanding of the Inspector's information and apparent extension of area of house further down the block. Motion by Mr. Billings, seconded by Mrs. Fougerat, that application docketed #79-7 from Mrs. Evangelos Papalexandrisa for permission to leave a fireplace ex- tending 20 inches into the front yard be approved. Voting Aye: Billings Voting No: None Commander Doughty Fougerat McCnndless Board members reviewed the application docketed #79-8 fromt R. J. Simon dis- cussing accessory building definition, alternative and neighbors concern. Motion by Mr. McCandless that application #79-8 for variance of 10" roof line be approved. Motion died for lack of a second. Members discussed the zoning ordinance in relation to definition of height and how height is determined in accordance with mean level measurement. Motion by Mrs. Fougerat, seconded by Mr. Commander, that application #79-8 for variance of 10" roof line be approved. Discussion concerned wording of motion in connection with conclusion that roof height is not in violation in accordance to determination of mean level measure- ment. Motion was withdrawn by Mrs. Fougerat with consent of Mr. Commander. Motion by Mrs. Fougerat, seconded by Mr. McCandless, that after reviewing plans which were submitted for evidence at the hearing on application docketed #79-8 from R. J. Simon for variance of 10" roof line that the mean height level between eaves and ride is less than 25 ft., therefore, no variance is needed and it is moved that appeal be granted. Voting Aye: Commander Doughty Fougerat McCandless Voting No: Billings 0 1 Board members reviewed application docketed #79-10 from Robert Kendrick concern- ing interpretation of a porch and held a lengthy discussion on definition of porch, porte cochere, carport, usage of porch, roof lines, various usages and alternatives, zoning ordinance need clarification on these definitions. 31 J Motion by Mr. Billings, seconded by Mr. McCandless, due to the fact that area behind the building setback is adequate in depth to act as a shelter for auto- mobiles that the area shown on the plans submitted in evidence should be considered as a porch throughout its width and appeal #79-10 be granted. Voting Aye: Billings Voting No: None Commander Doughty Fougerat. McCandless Motion by Mr. Billings, .seconded by Mr. Commander, that drawing submitted be marked Exhibit I on application docketed #79-10 and placed in the file to show what we consider as a porch. Voting Aye: Billings Voting No: None Commander Doughty Fougerat McCandless With no further business to come before the Board, upon motion duly made,seconded and carried, the meeting adjourned at 12:02 a.m. ATTEST: Se etary i Chairman