HomeMy WebLinkAbout12191979 ZBA Minutes48
REGULAR MEETING
ZONING BOARD OF ADJUSTMENT
DECEMBER 19, 1979
The Zoning Board of Adjustment of the City of West University Place convened in
regular session at the City Hall on Wednesday, December 19, 1979, 7:30 p.m., with
the following members present: Chairman Doughty, presiding; Members Billings,
Commander, Fougerat and P•4cCandless.
The Chairman ascertained from the secretary that notice of meeting had been
posted in the City Hall on December 14, 1979 and notice of public hearing pub-
lised in The Suburbia Reporter on November 28, 1979 and letters to property
owners mailed on November 28,.1979.
Motion by Mr. Commander, seconded by Mr. Billings, that Public Hearing on appli-
cation docketed #29-16 from Mr. and Mrs. Thomas V. Rushing to place. concrete
beams to support two bay windows on the front of the house within the setback
on
East 5 ft. of Lot 13 and All of Lot 14
Block 2, Pershing Place Addition
3720 Rice Boulevard
be opened.. A4otion carried unanimously.
Mr. Doughty gave the oath to all those in audience desiring to speak on the appli-
cation, introduced himself and gave his address in the city followed by other
members of the Board.
Mr. Tom Rushing stated that in 1972 they converted their two car garage into
a denl that the garage area was on a slab and the rest of the residence on pier
and beams; that about a year after the conversion the front part of the house
where there are two bay windwos started to settle and crack; that they engaged
a contractor to repair the foundation but that about a year later the settling
and cracking started again at which time they again hired someone to repair and
correct the problem, but that now it had started again; that their intent is not
to break a rule or disagree with an ordinance, but they did not know how to keep
the front of the house from falling off without using this method.
Mrs. Rushing presented pictures showing cracking of interior front wall away from
ceiling and explained they were also having a problem with water coming through
the ceiling, apparently where the front area is pulling away from the original
building.
The following was presented by Mr. Rushing:
"December 18, 1979. We as neighbors of the Rushings are familiar with the request
for variance and wish to state that we encourage the granting of same.
Signed:
Joe Koch
Sally McCandless
3716 Rice Blvd.
3712 Rice Blvd.
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Carol Taaffe 3724 Rice Blvd.
H. 0. Boone 3706 Rice Blvd.
H. C. Simpson 3728 Rice Blvd.
Elaine Erwin 3723 Rice Blvd.
Gayle Regan 3735 Rice Blvd.
Bettye Fitzgerald 3700 Rice Blvd.
MArshall Graham 3711 Rice Blvd.
Caroline Graham 3711 Rice Blvd."
The following letter was also introduced by Mrs. Rushing:
"November 30, 1979
Zoning Board of Adjustment
City of West University Place
3800 University Boulevard
Houston, Texas 77005
Re: Appeal No. 79-16
Dear Mrs. McKelvey:
My wife and I have reviewed the notice letter regarding the Rushings appeal.
We are familiar with the request for variance and wish to state that we
encourage the granting of same. The request for variance seems to be the
only alternative the Rushings have available and such support beam would
not create, in our opinion, any detriment to the neighborhood.
Please note our letter at the hearing in the event we are unable to attend.
Very truly yours,
/s/ David G. Allums
Jayne B. Allums
3715 Rice Boulevard
cc: Mr and Mrs. T. V. Rushing"
Mrs. Rushing introduced Mr. Jerry Moorehead, architect, who has been working with
them on remodeling of the house and the problem with the front settling and
cracking.
Mr. Moorehead stated that the area in question is about three steps up from the
other portion of the house; that a pad previously placed for support is apparently
on a poor layer of soil and continues to sink or move; that they propose to con-
struct a reinforced concrete beam across the affected area with drilled footings to
support the windwos with grade beams beneath bays at ground level and continue
shingles on front of house; that the proposed beams would extend sixteen to eighteen
inches into the front setback line; that the bay windows now project twnety-five
inches; that the problem for any other solution is the in accessibility because of
the concrete floor of the addition.
The Board discussed in detail with Mr. Moorehead and the Rushings characteristics
of the original structure, roof lines, the enclosed area and other possible solu-
tions which might or might not solve the problem; and ascertained that they planned
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no othermodifications to this area, that their other remodeling plans were to
add a second story bathroom and a deck and modifications to the rear of the
original house, and that if the request is denied they had no other solution
to the problem of the front of the house pulling ways from the original
structure.
Building INspector Perry stated that a permit had been denied because this.
would be an actual extension of the foundation past the building line; that
he had measured several houses on the block and could find no stakes but that
they all measured thirty-seven feet from the sidewalk; that the usual property
line started two feet from the sidewalk which established the front setback as
thirty-five feet and that this house was in line with the other houses at that
point.
When asked by the Chairman if he had any comments on the proposal he stated
that this appeared to be the only solution; that the garage slab may be a
floating slab and with the bay windows cantilevered out the weight was pulling
the upper front away from the other part of the building. He also stated on
questioning that the bay windows had been allowed as a policy interpretation
under Section 25 (2) of the zoning ordinance which states...."Cornices or
eaves of the main building may project not more than two (2) feet into the
front yard". He stated this interpretation had been used to include bay win-
dows for many years if windows did not go into the foundation.
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 was recessed for five minutes.
Members of the Board reviewed the plans presented and discussion with the appli-
cants with conclusions that there is definitely a problem, that the line of sight
would not change, that the modification would not show and the choices seemed to
be an extension of ten inches into the front with two beams or eighteen inches
with three beams.
Motion by Mr. Billings, seconded by Mr. Commander, that application docketed
#79-16 by Mr. and Mrs. Thomas V. Rushing to put a concrete beam to support two
bay windows on the front of the house, be approved to allow the structure to be
placed no further than eighteen (18') inches from the setback line.
Voting Aye: Billings Voting No: None
Commander
Doughty
Fougerat
McCandless
si
The minutes of the regular meeting of the Zoning Board of Adjustment on
November 28, 1979 were approved as presented.
With no further business to come before the Board, upon motion duly made,
seconded and carried, the meeting adjourned at 8:30 p.m.
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ATTEST: Chairman 1
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~„~ Secretary /
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