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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. 1 39 (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. 40 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 41 1 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 42 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