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HomeMy WebLinkAbout07191978 ZBA Minutes~~82 REGULAR MEETING ZONING BOARD OF ADJUSTMENT JULY 19, 1978 The Zoning Board of Adjustment convened in regular session at the City Hall on Wednesday, July 19, 1978, 7:30 p.m., with the following members present: Chairman Wilkins, presiding; members Billings, Commander and Marshall. Alter- nate member Cummings had been designated to sit as a member in the absence of Mr. Doughty. Alternate member Burge was also present. Inasmuch as Mr. W. C. .Boykin was not in attendance at the meeting, Chairman Wilkins requested that the Board consider minutes of meetings of the Zoning Board of Adjustment on May 17, 1978 and June 21, 1978. Motion by Mr. Commander, seconded by Mr. Marshall, that minutes of the regular meetings of the Zoning Board of Adjustment on May 17, 1978 and June 21, 1978, be approved as submitted. Voting Aye r Billings Voting No: None Commander Cummings Marshall Wilkins Mr. Wilkins requested that the Board Secretary read the Notice of Public hear- ing. Motion by Mr.'Billings, seconded by Mr. Cummings, that the Public Hearing was now open to consider an application Docketed 78-5 filed by Mr. W. C. Boykin, 6602 Westchester, for permission to leave a previously constructed carport. Mr. Wilkins ascertained from the secretary that Notice of Public Hearing had been published in The Southwestern Argus on Wednesday, July 5, 1978, and that notice had been mailed to all property owners within a 200' radius of the pro- perty in question on June 30, 1978. In accordance with the provisions of Article 6252-17, V.A.T.C.C. notice was posted on the City Hall bulletin board on July 17, 1978. Mr. WIlkins adminsitered the Oath to Mr. Wayne Perry, Building Inspector. Inasmuch as Mr. Boykin was not present and there had been no correspondence received regarding the application, Mr. Wilkins requested that Mr. Perry pre- sent evidence in the case. Mr. Perry advised that Mr. Boykin had employed Wilson Enterprises for an ex- tensive remodeling project and that all necessary permits had been obtained with exception of the carport and that such carport was already in place when de- tected by the Inspection Department. Mr. Perry. stated that some modification. would be necessary to the carport if the application was approved inasmuch as a portion of the structure was over the property line. Motion by Mr. Billings, seconded by Mr. Cummings, that the Public Hearing be closed. 2~~ 1 :YJ "~ Voting Aye Billings Commander Cummings Marshall Wilkins Voting No: None Mr. WIlkins requested that the Board Secretary read the Notice of Public Hear- ing. Motion by Mr. Billings, seconded by Mr. Marshall, that the Public Hearing was now open to consider an application Docketed 78=6, filed by Mr. Tom S. Beard, 5919 Fordham, for an appeal from the decision of the Building Inspector deny- ing him an application for the construction of a porch at his residence. Voting Aye: Billings Voting No: None Commander. Cummings Marshall Wilkins Mr. WIlkins introduced himself and gave the location of his residence in the city, followed by other members of the Board. Mr. WIlkins ascertained from the secretary that Notice of Public Hearing had been published in The Houston Chronicle on Saturday, July 1, 1978, and that notice had been mailed to all property owners within a 200.' radius of the property in question on June 20, 1978. In.accordancew with the provisions of Article 6252-17; V.A.T.C.S. notice was posted on the City Hall bulletin board on July 17, 1978. Mr. Wilkins adminsitered the Oath to Mr. Tom Beard, Mrs. Clara Alice Beaver, Mr. James Horn, h9rs. A. G Conrad and Mr. Wayne Perry. Mr. Beard advised the Board that Inspector Perry had denied his-request for a permit for the .construction of a porch on the front of his residence on the grounds that it does not fit his definition of a porch because of the angular orientation of the structure with regard to the front of the house, and .that he had taken some photographs of other porches in the city with angular con- struction.. Mr. Beard presented the Board the photographs and additional draw- ings of the proposed construction. Mr. Beard stated that plans for the porch had been prepared. by his architect as a compliment to the type of construction of his residence and that he was aware that such porch would not be attractive on some other types of construction, but was believed to be very suitable for hims home. In response to a question regarding his intent in the event the application was denied, Mr. Beard stated that he would appeal such decision. In response to a request of Mrs. Clara Alice Beaver, who owns property at 5906 Fordham, regarding clarification of the ten (10') foot provision for construction of a porch in regard to the property line, Inspector Perry ad- vised that a porch was permitted ten (10') feet in fromt of the existing structure. r.~ ~~ Mr. James Horn, 5907 Fordham, stated that he could not. understand why the re- quest for a building permit had been denied because the planned porch would enhance the property. Mrs. A. C. Conrad, 5911 Annapolis, stated that she had watched improvements htat had been made to the residence and thought that it was a lovely home and that the proposed porch would be a compliment to the house. Mr. Wilkins read the following correspondence that had been received: "As a property owner and neighbor of Mr. Beard's on Fordham, I have no objection to permitting his angular porch design which conforms to his modern house. I recommend the Zoning Board grant a variance in this case." Rodney K. Crowl 6016 Fordham " I will be out of town on July 19 and unable to attend the hearing on the above appeal. I have inspected the proposed construction at 5919 Fordham, and have no objection to it. It appears to me to be consistent with the style of the house, and should add to the value of the property as well as to the general appearance of the. neighborhood." Mrs. T. E. Buchanan 6001 Annapolis Building Inspector Wayne Perry advised the Board that he had denied the applic- cation for a permit because it was his belief that the so-called porch with the multi-level construction with sharp angular projections extending out to the full ten (10') feet limit was more of a deck structure than a porch.. Mr. Perry stated that it was his feeling that if the request for a permit had been granted it would result in numerous requests for the construction of decks in front of residences. In response to a question regarding a defn- tion of a porch used by the Inspection Department, Mr. Perry stated that over the years it had been tried to encourage construction of relatively conven- tional type porches, and that the Department worked unader a hardship without any definition or guidelines insofar as porches and decks were concerned. It was noted that the total height of the porch would be approximately 24 inches. Chairman Wilkins presented the following correspondence that had been received: "Regarding the property in question on Fordham Street for tonight's meeting, my vote is "NO". Reason: Once we made one commitment toward extending a building it will weaken the enforcement of the zoning law hereafter on all other property. Thank you for .your interest and work." Mrs. Anthony Feuex 6009 Lake 2~5 "It is my firm belief that the prime reason that properties in West University Place have progressively increased in appearance, life- style.,. and real value is because we have a Zoning Board .with a strong feeling of public responsibility and good judgement. I feel that if this Board relaxes its now rigid standards that it-will become increasingly easy for an applicant to obtain permission to vary in future new construction and modifications or additions. Thank you for your attention." Scott Hart 6006 Fordham :'rJ ~ Motion by Mr. Billings, seconded by Mr. Commander, that the Public Hearing ?~ be closed. Voting Aye: Billings Voting No: None `~ Commander Cummings Marshall Wilkins The application of Mr. W. C. Boykin, docketed 78-5, for permission to let a carport constructed at .6602 Westchester was reviewed, with Chairman Wilkins requesting that the minutes of the meeting reflect that he feels plans should be submitted and checked before any permit is issued. It was again noted that the contractor had failed to obtain a permit for the construction of the carport and that it would be his responsibility to con- form to the city's requirement. and his contract with the owner of the pro- perty. Motion by Mr. Billings,. seconded by Mr. Commander, that Application 78-5 be denied. Voting Aye: Billings Voting No: None Commander Cummings Marshall Wilkins In reviewing evidence presented in support of Application 78-6 filed by Mr. Tom S. Beard for the construction of a porch at his property at 59.19 Fordham, consideration was given to a recommendation by the Zoning and Planning Com- mission for a definition of a porch; the definition of a porch was contained in Waster's dictionary; photographs and plans submitted by Mr. Beard. Motion by Mr. Marshall, seconded by Mr, Commander, that Application 78-6 be approved and the decision of the Building Inspector be over-ruled and Mr. Beard issued a permit for the construction. of his porch. I ~~ I~as Voting Aye: Commander Cummings Marshall Wilkins Voting No: Billings Members of the Board discussed in depth the need for immediate action to obtain definitions for porches and decks in order to provide guidelines for use of the Inspection-Department. It was decided that a workshop session will be held in lieu of the regular meeting of the Board in August and that City Attorney David Allums will be requested to meet with. members of the Board. With no further business to come before the Board at this time, upon motion duly made, seconded and carried, the meeting adjourned at 9:20 p.m. ATTEST: Secretary Chairman 1 1