HomeMy WebLinkAbout10171979 ZBA Minutes38
REGULAR MEETING
ZONING BOARD OF ADJUSTMENT
OCTOBER 17, 1979
The Zoning Board of Adjustment of the City of West University Place convened in
regular session at the City Hall on Wednesday, October 17, 1979, 7:30 p.m., with
the following members present: Chairman Doughty, presiding;Members Billings,
Commander and McCandless. Alternate members Cummings was appointed to sit in the
abasence of member Fougerat.
Chairman Doughty introduced himself and gave address followed by other members.
Motion by Mr. Billings, seconded by Mr
cation docketed #79-13 from Gayland G.
approximately ten feet into the front
Voting Aye: Billings
Commander
Cummings
Doughty
McCandless
. Commander, that Public Hearing on appli-
Nance to construct a screened atrium
angle of the house at 2728 Plumb, be opened.
Voting No: None
Chairman DOughty administered the oath to those desiring to speak on the applica-
tion and ascertained from the secretary that notice of meeting had been posted
in the City Hall, notice of public hearing published in The Suburbia-Reporter on
September 26, 1979 and letters to property owners mailed September 26, 1979.
Carol Barnwell, 2819 Plumb, was authorized in writing to speak on behalf of the
applicant, Gayland Nances, as she was out of town.
Mrs. Barnwell advised that the front and side windows of the residence are fixed
glass and that due to the unusual shape of the lot lights from cars traveling
down either plumb or Wakeforest shine directly into the living room and dining
roon; that she desired to erect a screened (or slatted) atrium on the front of
the dwelling enclosing the front door and continuing around the side to enclose
the dining room windows; that it would be slatted at the top to connect to the
house; that this was desired for privacy and an attempt to provide mor e safety
as she had been bothered with some trespassers onto the property.
During questioning from Board members the following information was elicited
from Mrs. Barnwell; that the atrium wall would be constructed of rough cedar
(she thought); that she believed she intended to place it approximately ten feet
from the house front but she was not sure of her exact plans; that the applicant
had lived at this address for approximately one year; that she thought the intent
to sell the house as indicated by the "For Sale" sign on the premises was in a
manner of speaking to "test the market', but that personal pressure might result
in a move; that b4rs. Nance would be back in the city November 1st; that she had
no idea what shouod would do in the event application is denied.
Building Inspector Perry advised that a building permit was denied because the
zoning ordinance requires that only an open front porch may be built in the
front yard and the fence ordinance does not allow a wall or fence to extend be-
yond the front building line; that with the slatted top to the house it becomes
part of the building thereby setting a different building line. He also gave
measurements from the corner of the structure to the street as the property
line is not defined on the survey presented.
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(Mr. Cummings was called from the meeting during discussion.)
Motion by Mr. Billings, seconded by Mr. Commander, that public hearing be closed.
Voting Aye: Billings Voting No: None
Commander
Doughty
McCandless
Motion by Mr. Billings, seconded by Mr. Commander, that public hearing on appli-
cation docketed #79-14 from Frederick and Helen Gardner to build a single-family
~, detached residence on a lot 30 ft. x 150 ft. at 3620 Amherst, be opened.
Voting Aye: Billings Voting No: None
~e ~ Commander
Doughty
McCandless
Mr. Doughty introduced himself and gave his address in the city followed by other
members.
Chairman Doughty administered the oath to those desiring to speak on the appli-
cation and ascertained from the secretary that publication was made in The Suburbia-
Reporter on SEptember 26, 179 and letters to property owners mailed on Septem-
ber 26, 1979.
Mr. Frederick Gardner stated that he was the applicant and owner of the property;
that he lived and owned property adjacent at 3618 Amherst and that Harris County
Flood Control District had bought twenty feet of 3620 Amherst leaving a thirty
foot lot. He introduced Alton Parks, architect, to make a presentation of their
request.
Mr. Parks presented a petition signed by David L. Stirton, 3615 Amherst; Roger
Chism, 3610 Amherst; Mike Price, 3600 Amherst; W. D. Nelson, 3604 Amherst;
Brenda Meyer, 3611 Amherst; I. L. Wubie, Jr., 3621 Amherst; Mrs. Russell Forester,
3617 Amherst and Jackie Patteson, 3616 AMherst which stated: "It was brought
to the attention of the below signed neighbors in the 3600. block of Amherst
Street in the City of West University Place that Frederic and Helen Gardner re-
quest authorization to use property located at 3620 Amherst for the construction
of asingle-family dwelling. The purpose of this letter is to inform you that
the below signed have no objection to their request which will be made at the
hearing on October 17, 1979".
Mr. Parks submitted a presentation of a schematic nature of diagram ideans whereby
a residence could be constructed on the thirty foot lot and maintain the setbacks
as required by the zoning ordinance. He stated that Poor Farm Ditch is continuous
through the city and that the sections of land which the Flood Control District
obtained is uneven and not continuous throughout its length; that the lot contains
264 ft, of building area; that he had talked with the Director of the Flood Con-
trol District and obtained the following: (1) The Flood Control District is not
adverse to the building of a single-family dwelling adjoining their twnety foot
strip (2) Flood Control District has no plans for using the twenty foot strip (3)
Flood Control District would likely grant access to the thirty foot lot through
its twenty foot strip (4) there seems to be a precedent for buying back condemned
land but the current policy is unclear.
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Other points made in his presentation and schematics indicated that the twenty
foot strip is visually inseprable to the adjacent lot and would be a permanent
open space within which are mature trees and hedges, irrespective of ownership;
that the existing trees and hedges form a visual screening, provide a natural
sun and heat shield; that from the tree row west to the top of the concrete em-
bankment there is a drop in elevation and the sloping 3 ft. to 4 ft. to the top
of the embankment would be a building problem if the twenty foot strip were
available, but east of the tree row is flat and buildable; that even if the
strip could be bought back they would not plan to build on that section because
of the elevation difference and the destroying of the tree row and the sun and
heat shield.
The following information was brought forth during discussion; that the property
has been two separate. pieces of property for many years; that Mr. Gardner bought
the property aware that he had the thirty feet area on the west aside from the
fifty feet on which his house is located; that he is not speculating but wants
to build the house for himself; that he would possibly sett the house at 3618 if
variance granted; that he would not enlarge or remodel existing house if variance
denied; that purchasing strip back from Flood Control District would not be econo-
mically feasible to add to cost of construction. Mr. Parks stated in answer to
question of reason on application that he felt their proposal met the spirit of
the ordinance by meeting all setback requirements and maintaining a single family
dwelling and that it would be a hardship monetarily to purchase back the twenty
foot strip and that the construction would not reduce the amount of open space
when considering the twenty foot strip as always open and would not change the
character of Amherst St.
Extension of street at this point was discussed, and it was stated that the
curb runs twenty-one feet in from east property line and possibly so does the
street, but this is unclear at this point as grass and soil have grown over
portions of the street.
Building Inspector Perry stated .that a permit was denied because the lot dimensions
do not meet the requirements of the xoning ordinance in that the minimum lot size
is fifty foot width and 5,000 square feet.
In answer to a question, Mr. Perry stated that the developer would be responsible
for any street extensions.
Motion by Mr. Commander, seconded by Mr. McCandless, that public hearing be closed.
Voting Aye: Billings Voting No: None
Commander
Doughty
McCandless
The meeting was recessed for ten minutes.
Motion by Mr. billings, seconded by Mr. Commander, to re-open public hearing on
application docketed #79-14.
Voting Aye: Billings Voting No: None
Commander
Doughty
McCandless
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The following letter was read into the minutes which had been hand delivered to
the secretary on 10-18-79:
"To: Zoning Board of Adjustment
City of West University Place
Subject: Appeal No. 79-14
Dated 9-21-79
Frederic U Helene Gardner.
Dear Sirs:
In regard to the construction of single family dwelling on the less than mini-
mum size lot listed above, it is my opinion that such request be denied.. In
order to retain the long-term value of West University Place neighborhoods and
real estate, current zoning ordinances regarding minimum lot .sizes should be
enforced.
Sincerely,
/s/ Gary D. Martin
3606 Rice Blvd
Houston, Texas 77005"
Motion by Mr. Billings, seconded by Mr. Commander, that the public hearing be
closed.
Voting Aye: Billings
Commander
Doughty
McCandless
Voting No: None
Minutes of the regular meeting of the Zoning Board of Adjustment on September 19,
1979 were approved as corrected..
Chairman Doughty submitted copies of recommendations concerning amendments to
the Zoning Ordinance on which study and work has been done for the past several
weeks. He briefly reviewed the recommendations and advised they have been sub-
mitted to the City Commission for consideration and invited comments after mem-
bers have had an opportunity to study same.
Discussion on application #79-13 to construct an atrium in the front of the
dwelling at 2728 Plumb concerned lack of information concerning future plans,
how far the atrium would extend, dimensions to property line, status of re-
sell and alternatives.
Motion by Mr. Billings, seconded by Mr. Commander, that application #79-13 from
Gayland L. Nances to construct an atrium into the front angle of the house at
2728 Plumb be denied on the grounds that appplicant failed to present facts
sufficient to justify the Board granting the application and that there was a'~
failure to show the application met the seven points required for approval.
Voting Aye: .Billings Voting No: None
Commander
Doughty
McCandless
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The secretary was instructed to advise the applicant that if she so desired she
could apply for a re-hearing on the application if it was received so that
it could be acted upon within the ten days as required by procedure.
Discussion on application #79-14 to allow construction of a single family resi-
dence on a lot 30 ft. x 150 ft., at 3620 Amherst concerned liklihood of future
application for less than minimum size lots for construction, density within
city, waste capability facilities, only hardship shown was monetary, consideration
of leaving the smaller area was taken into consideration at time twenty foot strip
was condemned and taken over by Flood Control District, possibility of Flood Con-
trol District selling back part of land when recent flooding conditions in the
County are so severe.
Motion by Mr. McCandless, seconded by Mr. Commander,that application docketed
#79-14 by Frederic and Helen Gardner to construct a single family dwelling on
a lot 30 ft. x 150 ft. be denied due to the fact that it would violate two re-
quirements of the zoning ordinance and the applicant did not show any gross hard-
ship.
Mr. Billings commented that in his opinion there was a lack of evidence of hard-
ship shown other than monetary and none shown at the time property was purchased.
Voting Aye: Billings Voting No: None
Commander
Doughty
McCandless
With no further business to come before the Board, upon motion duly made,
seconded and carried, the meeting adjourned at 10:10 p.m.
Chairman t
ATTEST:
Secretary