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HomeMy WebLinkAbout08151979 ZBA Minutes32 REGULAR MEETING ZONING BOARD OF ADJUSTMENT AUGUST 15, 1979 The Zoning Board of Adjustment of the City of West University Place convened in regular session at the City Hall on Wednesday, August 15, 1979, 7:30 p.m., with the following members present: Chairman Doughty, presiding; Members Billings, Commander, Fougerat and McCandless; Alternate Members Cummings and Rieger. It was ascertained from the secretary that notice of meeting had been posted on August 10, 1979. Motion by Mr. Billings, seconded by Mr. Commander, that Public Hearing on appli- cation docketed #79-11 from Village Savings Association to extend construction to within approximately 25 feet of the south property line of Lot 1, Block 7, Cunningham Terrace Addition, be opened. Voting Aye: Billings Voting No: None Doughty Commander Fougerat McCandless Mr. Billings withdrew from sitting on the Board for this application because of a conflict of interest and Mr. Cummings, alternate member was appointed to sit. Chairman Doughty ascertained from the secretary that proper notice of meeting had been published in The Suburbia-Reporter on July 25, 1979 and letters to property owners mained July 25, 1979. Mr. Doughty 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. Mr. Michael Parks, representing the Savings Association, spoke briefly stating they desired to set the proposed structure forward from the required fifty-five feet so as to have a drive through window and to meet other requirements and have a nice building which will be an asset to the City of West University Place. Mr. Bill Hoff and Mr. Jamie Pratlow, architects for the project, presented a slide presentation showing the existing building in relation to the street, adjacent buildings and building across Stella Link. During questioning, the following information was elicited from Mr. Parks, Mr. J. B. Thompson and above mentioned architects: That the plans are to demolish the exist- ing building and construct an entirely new one; that a two story structure had not been considered because of the nature of the saving and loan business which needs to be available and because of parking requirements which requires one park- ing space for each 200 square feet of floor area but not less than three parking spaces; that adjacent building (Jack-in-the-Box) is approximately 31 feet from front property line; ownership of alley behind lot (Pilgrim) and that they had not investigated usage of same because they felt that the project should be self- contained and not rely on a lease for traffic flow; the lot size is 110 ft. x 125 ft. and they would accept setback even with adjacent building; and that if application denied there would be economic hardship and hardship of establishing a traffic flow around the building to handle the drive-in window and business peculiar to this type facility. 6N. E. Perry, Building Inspector, advised that he had denied permit because of the requirement of the Zoning Ordinance that "the front building line on Bellaire Boulevard in the retail business district......shall be fifty-five feet from the north Iine of Bellaire Boulevard"; that his office had attempted to determine method whereby other buildings on Bellaire Boulevard had been allowed with less than fifty-five foot front setback and had been unable to find any record and he had no idea in which manner the setbacks were determined which do not adhere to this requirement. It was determined from Mr. Perry that the parking ordinance of the city states ~. that in computing the number of parking spaces required "'floor area" shall mean the gross floor area of the specific use"; that his determination for a setback would be from the property line; that he did not measure the setback of the Shell building or St. Mark's Episcopal Church but they appeared to be 50 to 55 ft. back from the property line. Mr. Billings asked to speak and was given the oath by Mr. Doughty. Mr. Billings suggested that the Board make sure what the applicants are asking for. Mr. Hoff advised they were only asking for a variance from the front line. Motion by Mr. Commander, seconded by Mr. Cummings, that Public Hearing be closed. Voting Aye: Doughty Voting No: None Cummings Commander Fougerat McCandless The meeting was recessed for ten minutes. Board members discussed establishment of retail business district, interpretation of measurement of setbacks on Bellaire Boulevard, i. e., from property line, center line of street or curb line, Section 29 (5) of the Zoning Ordinance which states ''all lot lines (or set-back lines) for property in retail business districts in the City of West University Place shall be set at not less than thirty (30) feet from the property line": wording of application. 33 Motion by Mr. Cummings that application docketed #79-11 for 25 ft. setback on Lot 1, Block 7, Cunningham Terrace Addition, be denied. Mr. Cummings withdrew his motion. Discussion of appropriate manner in which to proceed in accordance with wording of application and/or restrictive requirements. Motion by Mr. Cummings, seconded by Mr. Commander, that a variance be granted on application docketed #79-11 to build a building on Lot 1, Block 7, Cunningham Terrace Addition, such building to be setback not less than thirty (30) feet from the-south property line. Ms. Fougerat offered an amendment to the motion to add: "In compliance with SEction (29(5) of Zoning Ordinance No. 111 amended by Ordinance No. 34b". 34 Mr. Cummings and Mr. Commander accepted the amendment to the motion. Voting Aye: Doughty Voting No: None Cummings Commander Fougerat McCandless Board members discussed amendments to Rules of Procedure concerning public attendance during decision making discussions in relation to "open meetings" law. Minutes of the regular meeting of the Zoning Board of Adjustment on July 18, 1979 were approved as submitted. With no further business to come before the Board, upon motion duly made, seconded and carried, the meeting adjourned at 10:00 p.m. ATTEST: Chairman ~'' u SEcretary LJ