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HomeMy WebLinkAbout11281979 ZBA Minutes44 REGULAR MEETING ZONING BOARD OF ADJUSTMENT NOVEMBER 28, 1979 The Zoning Board of Adjustment of the City of West University Place convened in regular session at the City Hall on Wednesday, November 28, 1979, 7:40 p.m., with the following members present: Chairman Doughty, presiding; 1~lembers Billings, Commander Fougerat and McCandless. Minutes of the regular meeting of the Zoning Board of Adjustment on October 18, 1979 and special meeting on October 25, 1979 were. approved as submitted. Motion by Mr. Billings, seconded by Mr. Commander, that Public Hearing on re- hearing on application 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 openend. Voting Aye: Billings Voting No: None Commander Doughty McCandless Mrs. Fougerat did not sit on this re-hearing as she was not present at the public hearing on October 18, 1979, on this application. Chairman Doughty administered the oath to those desiring to speak on the re-hearing 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 Novem- ber 7, 1979 and letters to property owners mailed November 7, 1979. Mr. and Mrs. Gardner were in attendance and authorized architect Alton Parks to make the presentation on their behalf. Mr. Parks stated they had contacted the Harris County Flood Control District to attempt to secure the remaining land on this site; that the County Attorney had indicated this could be done subjecto to review of the land, a thorough engineering review to ascertain that this property is surplus land, and that then they would make a recommendation that the land would be sold if it would not hinder any future flood endeavors; that. it is proposed that the Gardners purchase all of the land to the concrete embankment which would create a lot 45 ft. wide at the front, 47 ft. wide at the rear, 150 ft. deep with 6900 sq. ft.; that there was an identical situation on Tangley St. in which a portion was sold back and they are optimistic they can purchase the land in question; and, therefore, if the land is acquired, the single condition that the lot would not meet would be the 50 ft. width. Chairman Doughty asked if they had any idea when they might receive an answer? Mr. Parks stated that as of 4:00 p.m. this date they said "tomorrow". Mr. Gardner stated that they had contacted the director, assistant director of HCFCD and the county attorney almost every day since the hearing. Mr. Parks further stated that the director had told him that any land taken for widening or access would be on the west side of the ditch and the Edloe right-of- way; and that there are numrous houses on the east side which set on the ditch. 45 He continued by stating that this particular lot is designated as 4A and has been taxes separately by West University and HISD as separate property and being denied the right to build on it would constitute a hardship. He cited the case of a lot in the identical situation on TAngley where a variance was given after the owners had purchased back 8 ft. from the HCFCD (making a 38 ft. x 150 ft. lot) which was all that was available to the concrete embankment, over the objections of fifty-eight residents, and that the Gardners' proposal was endorsed by eight resi- dents in the area and with only one expressing disapproval. Mr. Parks said that in accordance with procedure a public hearing was previously held on this application, the hearing close, and the Board went into closed meeting, and he would like to take some of the points discussed by the members at the closed meeting and answer them: (1) this is not an oversized lot which they are attempting to subdivide; it has for years been two lots and taxed as such; (2) there are other residences wuilt on lots located in this same position and designated A or B adjacent to the ditch; (3) as far as density, this was originally platted as a separate lot in the city and. they would not be building between two houses, but building one house with a house on the east and the open ditch on the west. He said he also wanted to point out that in the letter received by the Gardners' advising of the denial, it was stated that no gross hardship was involved and in his research he believed only unnecessary hardship had to be proven and they felt with the addition of the proposed land to be purchased from HCFCD, it would be an unnecessary hardship to deny the Gardners' use of the property for the building of a residence. Chairman Doughty advised. that no previous action of any Board sets a precedent for future applications and that it is specifically outlawed by ordinance and that each request is a separate entity and considered only on its merits. He also said he would like to correct the statement that the meeting after the public hearing was a closed meeting; that it was an open meeting but the Board could receive no more input on the application after the public hearing was closed and that Mr. Gardner and Mr. Parks had attended that meeting. He further said that the Board is aware these are two separate lots as it is so stated in the minutes of the public hear- ing. Mr. Parks said their concern here. is that if they cannot use the Tangley property as a precedent they did not feel it appropriate that the Board concern itself against possible future applications, persons with large lots wanting to sub- divide, density, etc., and asjed that the Board reciprocate on this point. Mr. Gardner stated that they desired to build a residence to live in, their "dream house", and felt htat it would constitute a hardship for the Board to deny them of this. Mr. Billings stated that possibly the ise of the word gross hardship was mislead- ing, but no hardship had been proven except monetary. Discussion of the application further with the applicatns and architect, included possibility that price asked by HCFCD might not be acceptable to purchasers, pro- blems which might be entailed by the city if variance. granted before purchase of property thereby putting the Board in a position of making a judgement on a specu- lation, and influence an approval by the Board might have on HCFCD decision. Mr. Gardner also stated that he did not plan to sell the house at 3618 Amherst unless he had to later for financial reasons. 46 Mr. Parks stated in answer to a question from Mr. Billings as to what they planned to do if the request denied that they had no other option except District Court. Mr. McCandless stated that in his opinion the crux is the price of the land, if it is available, and if it is available at a price they can afford. Motion by Mr. Billings, seconded by Mr. McCnadless, that public hearing be closed. Board members discussed with the applicants and their representative, procedure to pursue to either have a re-hearing, with evidence of new information or with- drawal of .application and submittal of new application at a future date. The following, in writing, was presented to the Board and placed in the file on application docketed #79-14: "11-28-79. I hereby request that my application docketed #79-14 be withdrawn. /s/ Frederick C. Gardner." Mr. Billings moved the previous question to close the public hearing and accept request for withdrawal of application docketed #49-14. Voting Aye: Billings Voting No: None Commander Doughty McCandless The meeting recessed for five minutes. Motion by Mr. Billings, seconded by Mr. Commander, that public hearing on application docketed #79-15 from Nancy Jo Mayeux to construct an addition with a 52 ft. intrusion into the rear yard, be opened. Voting Aye: Billings Voting No: None Commander Doughty Fougerat McCandless Mr. Doughty introduced himself and gave his address in the city followed by other Board members. Chairman Doughty administered the oath to those desiring to speak and ascertained from the secretary that notice of public hearing was published in The Suburbia Reported on November 7, 1979 and letters to property owners mailed November 7, 1979. Mr. Mayeux presented proposed plans for the remodeling of the house at 3804 Milton on which 5Z ft. encroaches into the rear yard. He stated the part en- croaching consists of a closet which opens into a bath and dressing room. He said that on the east of the house is the parking area for the West University library and a small house on the west is owned by the West University Baptist Church and used for a Youth Center and storage and the West University Baptist Church is across the street in front and that a residence is to the rear of the property. He said a hardship would be experienced by lack of living space and closet space as two closets would be eliminated by the expansion of the living dining area. 0 _~ The plan presented was reviewed with the applicants and it was ascertained that 4'7 Mrs. Mayeux had lived there for about two years and they had been married and. living there for approximately two months. On being asked if they had an alter- nate plan and what they would do if application denied, Mr. Mayeux said he did not know that the architect felt that holding the encroachment to the 52 ft. was giving them the ultimate situation. '~ Building Inspector Perry stated that a permit had been denied because the Zoning Ordinance requires a 20 ft. rear yard in which only a garage or accessory building can be located. Motion by Mr. Billings, seconded by Mr. Commander, that public hearing be closed. Voting Aye: Billings Voting No: None Commander Doughty Fougerat McCandless The meeting recessed for five minutes. Mr. Billings stated that if the ordinance is enforced it will not cause unnecessary hardship; that there are a number of alternatives as to how the property can be used, therefore, Motion by Mr. Billings, seconded by Mr. Commander, that application docketed #79-15 from Nancy Jo Mayeux to add an addition to encroach 52 ft. into the rear yard, be denied. 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 9:25 p.m. ATTEST: Secretary Chairman