HomeMy WebLinkAbout01181978 ZBA Minutes
REGULAR MEETING ZONING BOARD OF ADJUSTMENT
January 18, 1978
The Zoning Board of Adjustment convened in regular session on Wednesday, January
18, 1978, 7:30 p.m., with the following members present; Chairman Wilkins, pre-
siding; members Commander, Doughty and Marshall. Alternate member Burge had been
designated to sit as a member in the absence of Mr. Billings. Alternate member
Cummings was absent.
Mr. Wilkins requested that the Board Secretary read the Notice of Public Hearing.
Motion by Mr. Doughty, seconded by Mr. Burge, t}xat the public .hearing was now
open to comer an application Docketed 78-1, filed by Mr. Larry J. Doherty,
6032 Fordham, for permission to construct a six (6') foot screen along a deck
porch in front of his residence.
Voting Aye: Burge Voting No: None
Commander
Doughty
Marshall
Wilkins
Mr. Wilkins ascertained from the secretary that Notice of Public Hearing had
been published in the Southwestern Argus on Wednesday, December 28, 1977, and
that notice was mailed to all property owners within a 200' radius of the pro-
perty in question on January 4, 1978. In accordance with the provisions of Arti-
cle 6252-17, V.A.T.C.S. notice was posted on the .City Hall bulletin board on
December 16, 1978.
Mr. Wilkins administered the Oath to Mr. Doherty, his architect Ms. Karen
Poser, Mr. Frank Schleicher, Mr. Harvey Trammell and Building Inspector Wayne
Perry.
Mr. Doherty presented plans showing remodeling of his home and the proposed
screen construction that would provide privacy for his home, the front of
which is glass. Mr. Doherty stated that the deck porch extends across the
full width of the house and the proposed screen would be constructed of 1"x2"
with 3/4" openings between each.
Questions by members of the Board developed that there are two steps up to the
porch, that the house was built on the front setback line; and that the total
height of the proposed screen would be 72".
Mr. Frank Schleicher stated that he lived at 6105 Fordham and. he and his wife
had no objections to the planned construction.
Mr. Harvey Trammell stated that he lived at 6102 Fordham and it was his belief
that construction of the screen would set off remodeling that had been completed
on the house.
Ms. Poser stated that she was currently working with a landscape architect to
finish the exterior of the property and they would be berming down from the front
screen which would make the screen not appear to be its full height, and that
the screen would be sealed and stained to match the existing deck.
2'~ ~
Inspector Perry advised the Board that Mr. Doherty's request for a building per-
mit had been denied inasmuch as a front porch, covered or uncovered, was permit-
Mr. Wilkins read the following correspondence that had been received in response
to notices mailed to adjacent property owners:
ted to extend ten (10') feet into the front setback with a railing of up to 42"
in height. Mr. Perry further advised that the screen, if permission was granted
by the Board for its construction, would have to be tied into the deck porch so
as to not constitute a free standing fence. In the event a freestanding fence
were constructed, or planned for construction, the Zoning Board of Adjustment
would .have no authority to grant or deny such application.
We will not be able to attend the scheduled hearing on the 18th, but
~ take this means of stating that no variance from Section 25(2) should
~ be granted in this case.
~ Nolan H. Schulze
102 Williams Street.
Baytown, Texas
It was determined that Mr. Schulze was owner of the property located at
6032 Annapolis which is within the 200' radius of the property located at
6032 Fordham.
Motion by Mr. Burge, seconded by Mr. Doughty, that the Public Hearing be
closed.
Discussion by the Board indicated th e opinion that the glass enclosures in the
front of the residence necessitated the construction of a type screen; the ap-
pearance of a screen of the proposed height; the proposed open space in the
screen; and t he lattice-type screen that had been constructed next door.
Motion by Mr. Burge, seconded by Mr. Marshall, that the variance be granted.
Voting Aye: Burge Voting No: Doughty
Marshall Wilkins
Mr. Commander abstained from voting.
Article V, Section 1 of the Rules of Procedure of the Zoning Board of Adjust-
ment provides:
"In the final disposition of any application, the decision shall affirm,
modify or reverse the refusal of a permit by, or any order or decision
of, the Building Inspector. In case of an application for variation or
special exception, the decision shall set forth that the application is
denied or that it is granted with or without conditions, and said decision
shall specifically set forth that the variations or special exceptions are
permitted and what conditions, if any, shall be complied with. Every ap-
plication shall be disallowed unless the concurring vote of four members
of the Board shall favor the appeal or application. The vote of each
member present on each decision shall be recorded with the decision.
Motion by Doughty, seconded by Commander, to approve minutes of December
~~~~
21st.
With no further. business to come before the Board at this time, upon motion
duly made, seconded and carried, the meeting adjourned at 8:25 p,m.
Chairman
ATTEST:
ecretary
1
1