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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