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HomeMy WebLinkAbout09211964 ZBA Minute REGULAR. MEETING OF ZONING BOARD OF ADJUSTMENT AUGUST 17, 196+ The regular meeting of the Zoning Board of Adjustment was not held, as there was no business to come before the Board at this time. REGULAR MEETING OF ZONING BOARD OF ADJUSTMENT SEPTEMBER 21, 1g6~+ The Zoning Board of Adjustment met in regular session on Monday, September 21, 196- at the City Hall at-7:30 p.m., with the following members present: Mr. Snyder, chairman, presiding; Members Livermore, Haralson, Murff, Whenthoff, Alternate Member Reinhart. Alternate Member Adam was absent. The Board again discussed the adoption of Rules of Procedure. The Board was advised that a public hearing had been held by the Zoning and Planning Commission and by the City Commission, and that an amendment to zoning ordinance number lll, allowing the Zoning Board of Adjustment to adopt their own Rules of Procedure and make amend- ments thereto, had 'been passed by the City Commission in its regular session on September 1~+, 1964. Motion by Mr. Livermore, seconded by Mr. Haralson, that the following Rules of Procedure which were originally submitted to the City Com- mission, be adopted as the official Rules of Procedure for the Zoning Board~of Ad.ustment: ARTICLE I Meetings Sec. 1. Regular meetings of the Board of Adjustment shall be held at 7:30 p.m. on the third Monday of each month. Sec. 2. Special meetings may be called by the Chairman, or at the request of two members, of which notice shall be given to each member at least 48 hours before the time set, except that announcement of a special meeting, at any meeting at which all members are present, shall be sufficient notice of such meeting. Sec. 3. A quorum of the Board shall consist of four (~+) members. 9 ` ARTICLE II Cases Before the Board Sec, 1. Each application to the Board, whether an appeal from an order, decision, or determination of the Building Inspector or whether for a special exception or for a variance,. shall be made on official Form Number 1, as adopted by these rules, which application should be filed in person or by mail with the Secretary of the Zoning Board of Adjustment of the City of West University Place, 3800 University Boulevard, Houston, Texas, 77005. Sec. 2. All information called for by Form number 1 shall be furnished by ~ applicant in the manner therein prescribed, and all notices shall be given ~, on forms prescribed by the Board. (Form number 2) C~ Sec. 3. The Board shall reject all applications unless made on the pre- scribed form properly filled out with all required data attached. Sec. ~+. E"very appeal must be taken within ten days from the date of refu- sal of a permit by, or date of order, ruling, decision or determination of the Building Inspector, and the Building Inspector shall so advise the applicant. Sec. 5. Any communication purporting to be an appeal. shall be regarded as mere notice to seek relief until it is made in the form required by these rules. Sec. 6. Appeals made after ten days from the date aforesaid shall not be considered by the Board. ARTICLE III The Docket and Calendar Sec. 1. Each application filed in proper form with the required data shall be numbered serially, docketed and shall be placed upon the calendar of the Board by the Secretary thereof. The docket numbers shall begin anew each January first of each year and shall be hyphenated with the number of the year in which the application was filed. Sec. 2. All cases docketed more than ten days next preceding a regular meet- ing day , and in which the ten-day notice requirement has been complied with, shall be automatically set for hearing on the succeeding regular meeting day. Cases docketed within ten or less days of the regular meeting day shall be set for hearing on the second regular meeting day after docketing of the application. Sec. 3. Applications shall be heard in the order in which they appear on the cal~enc ar, except that an application .may 'be advanced for hearing. by order of the Board upon good cause shown. Where all applications cannot be dis- posed of on the day set, the Board may adjourn from day to day, or until the next regular meeting, as it may order. Sec. 4. No notice other than that provided for in these rules will be given to applicants or others interested in hearings by the Board. ARTICLE 1V Hearings Sec. 1. Hearings shall be held by the Board of Adjustment in the City Hall Building, corner of University Boulevard and Auden Street, in the City of West University Place, Texas. Sec. 2. A quorum for hearing by the Board shall consist of four, (4) members, but a lesser number may meet and adjourn a meeting. Sec. 3. Hearings shall be open to the public, but the Board may go into executive session in arriving at decisions. Sec. ~+. The. applicant may appear in his own behalf or be represented by agent or attorney at said hearing. In the absence of any personal appearance on behalf of applicant, the Board will proceed to dispose of the matter on the record before it or the Board may provide for a hear- ing at a future date, in which event it shall give verbal notice at the hearing, so that all present will be on notice of the date set for future hearing. Sec. 5. At a hearing the order shall be as follows: (a) Applicant's side of -the case (b) Building Inspector's side of the case (c) Interested property owners' side of the case (d) Applicant's rebuttal. ARTICLE V Final Disposition Sec. 1. 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 variance 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 variance or special exceptions are permitted and what conditions, if any, shall be complied with. Every application 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. Sec. 2. Any applicant may, in writing, withdraw his application at any time prior to its hearing by the Board of Ac~j ustment. 1 Sec. 3. If an application is granted by the Board, all permits necessary for the prosecution of the work shall be obtained within ninety (g0) days and construction completed within six (6) months from the date of permis- sion by the Board, unless extension of said time is granted by the Board; otherwise, such permission shall be considered void. Sec. ~+. The applicant and the Building Inspector will be notified on Form number 3, of 'the decision of the Zoning Board of Adjustment. ARTICLE VI C~ ~` ~?'~ ~. C~ 1 J Rehearings Sec. 1. No rehearing of any decision by the Board of Adjustment shall be had except on motion by a member of the Board to reconsider the vote, made and-acted on within ten days after its decision and carried by not less than four (~+) concurring votes. Sec. 2. No motion for a rehearing shall be entertained except upon written request for rehearing, and then not unless new evidence is submitted which could not reasonably have been presented at the meeting at which the hear- ing was originally had. Sec., 3. If a rehearing is granted, the case shall be put on the calendar for a rehearing and new notices issued in accordance with the notice pro- visions of these rules. Sec. 4. No additional application to the Board of Adjustment shall be allowed unless there shall have been a substantial change in the circum- stances affecting such. property since the prior decision on the same piece of property. q ARTICLE VII PrPCPdPntS Sec. 1. No action of the Board of Adjustment shall set a precedent. Each case shall be decided upon its merits and upon the circumstances attendant thereto. ARTICLE VIII Officers Sec. 1. The Board shall elect a chairman and vice-chairman annually at the regular meeting in December. Sec. 2. The Chairman shall preside at all meetings and hearings of the Board. In the event of the absence or disability of the Chairman, the. Vice-Chairman shall preside. Sec. 3. The Chairman, subject to these rules, shall decide all points of procedure, unless otherwise directed by a majority of the Board in session at the time. Sec. ~-. The Chairman may designate members of the Board of Adjustment to make personal inspections when necessary from time to time, and unless directed by a majority of the Board, shall appoint such committees,as may be found necessary. Sec. 5. The Chairman shall report at each meeting on all official trans- actions that have not otherwise come to the attention of the Board. Sec. 6. The Chairman shall, subject to these rules and further instruc- tions from the Board,. transact the official business of the Board, super- vise the work of the Secretary, request necessary help, direct the work of all .subordinates, and exercise general disciplinary powers. Sec. 7. The Secretary shall be such person as may be designated by the City Manager. Sec. 8. The Secretary, subject to the provisions of the. Zoning Ordinance, these rules, and the direction of the Board and the Chairman, shall con- duct all correspondence of the Board; send out all notices required by these rules and the order of. the Board; shall attend all meetings Qf the Board and all hearings; shall scrutinize all applications. to see. that these rules are complied with; shall keep the dockets and minutes of the Board's proceedings; shall compile all records required; shall maintain the necessary files and indexes and generally. supervise all clerical work of the Board.. The Secretary shall, upon docketing any application, notify on Form number 2, any property owner or owners, or other persons required to be notified under the provisions of the Zoning Ordinance and State Enab ling Act, as amended from time to time. Upon the docketing of any application, the Building Inspector or his designated representative shall make a personal inspection of the prem- ises, see that all maps and plats are properly prepared, and be pre- pared to advise the Board on the physical conditions of the property affected by such application. The Building Inspector or his designated representative shall demand from the applicant such additional information and data as may be required to fully advise the Board with reference to the application, whether such information and data is called for by the official forms or not. Any failure or refusal on the part of the applicant to fur- nish such additional information or data shall be grounds for the dismissal of the application by the Board. ~~ 1 ARTICLE IX Forms C? ~_ C~ 1 Sec. 1. The forms referred to in the above rules of procedure and made a part thereof are: (a) Form Number 1 - Application to Zoning Board of Adjustment (b) Form Number 2 - Notice of Public Hearing on Application to Zoning Board of Adjustment (c) Form number 3 -Report to Building Inspector and~or Appellant the decision by action of the Board. ARTICLE X Docket and Minutes~ook Sec, 1. The Secretary shall be provided with a docket and minute book which shall be kept posted to date. The docket shall be a well-bound book in which the Secretary shall enter the number of the application the name of the applicant, short description, by street number or other- wise, of the premises, the nature of the application, and the final dis- position, after the case has been disposed of. All continuances, post- ponements, dates of sending notices, and other steps taken and acts done shall be noted on the docket. The Minute Book shall be a well-bound book, in which shall be recorded the decision relating to each case acted on, together with the Grote of each member of the Board, those absent being so marked, together witi~ all other actions of the Board. ARTICLE XI Resolutions Sec. 1. Eery resolution not otherwise provided for shall require a majority vote of the members present at a legally constituted meeting. ARTICLE XII Advice .i Sec. 1. No informal requests for advice, or moot questions, shall be con- sidered by the Board; any advise, opinion, or other information given by any Board member or the Secretary, or any other official or employee of the City of West University Place, shall not be binding on the Board. Because of the annoyance caused ~y individuals appealing personally to members of the Board, it is declared to be the policy of the Board to deprecate any such personal appeals. 1 G ARTICLE XIII Order of Business at Regular Meetings Sec. 1. The order of business at all regular meetings of the Board. shall be as mellows: (a) Roll Call (b) Consideration of minutes of previous meeting (c) Communications (d~ Report of Committees (e) Unifnished business (f) New business. ARTICLE XIV Amen cbnPnt s Sec. 1. These Rules may be amended.. or modified by an affirmative vote of not less than four (~+)_members of the Board, provided that such. amendment be presented in writing at a regular meeting and action taken thereon at a subsequent regular meeting. Form Number 1 Date Filed Lot No. Block No. Addition STATE OF TEXAS ~ TO THE HONORABLE BOARD OF ADJUSTMENT: COUNTY OF HARRIS Now comes , a citizen of County, and affirms that on the day of , 19 , he~she applied for a permit to at on a lot feet by feet, in District , as shown to scale, with all existing struc- tures on the attached plot plan and the Zoning Map of the City of West University Place, and to use the same as The permit was denied, however, upon the following grounds: 1 i Form Number 1, continued 'T`herefore, the appellant now appeals, in accordance with the provisions of the Zoning Ordinance, to the Honorable Zoning Board of Adjustment to grant the heretofore requested permit and to permit him to use the completed premises as a , for the following reasons: '~ Respectfully submitted, 0~ ~; , Appellant ~ Telephone Number Address Form Number 2 ZONING BOARD OF ADJUSTMENT CITY OF WEST UNIVERSITY PLACE Notice to Interested Property Owners Reference:: Appeal No. Dated Dear Property Owner: An (avpeal) (application) for (an interpretation of the ordinance or map) (a variance) (a special exception) has been filed with the Board of Adjustment by The property is situated in the Zone District and is located at This request, if approved, would authorize The Building Inspector, under the provisions of the Zoning Ordinance, was required to deny the permit because However, the Board of Adjustment, under certain conditions and safeguards, may have the authority to grant the request. A public hearing will be bald by the Board of Adjustment on 19 , at p.m. in the City Hall Building, 3 00 Un iversity Boulevard, at which time you may submit your views on the matter in person, by writing, or by representative. [.) Form Number 2, continued If you know of any interested property owner who, for any reason, has not received a copy of this letter, it would be greatly appreciated if you would inform him of the time and place of the hearing. Sincerely yours City of West University Place Zoning Board of Adjustment Secretary Date Form Number 3 ZONING BOARD OF ADJUSTMENT CITY OF WEST UNIVERSITY PLACE Decision Reference: Appeal No. Dated Hearing Held: 1. IN'T'ERPRETATION: The Board adopted the following order which states its interpretation of the Zoning Ordinance or Zoning Map as requested in your appeal: 2. SPECIAL EXCEPTION. By order of the Board it was determined that a special exception ( ~ be granted, ( ~ be denied, ( ~ be granted subject to the following conditions: Pursuant to Article , Section , subsection , paragraph , of the Zoning Ordinance, and the decision of the Building Inspector ( ~ be reversed, ( ~ be confirmed, ( ~ be modified, because 3• VARIANCE: By order of the Board, it was determined that: (a) Strict application of the ordinance (would) (would not) produce undue hardship because: °~ Form Number 3, continued (b) The hardship created (is) (is not) unique and (would) (would,not) be shared by all properties alike in the immediate vicinity of this property and in the same use district, because: (c) The variance (would) (would not) change the character of the district because: Lam` (d) and therefore, it was further determined that the requested var- ~*' fiance (be granted) (be denied) (be granted subject to the following ~ conditions): C1'~ ~ and that the previous decision of the Building Inspector (be confirmed) (be reversed ) (be modif ied) . A list of findings of fact, as determined by the Board, is attached and is a part of this decision. ~] Unless otherwise stated, any authorization by the Board of Adjustment for a special exception variance or conditional use shall expire if the applicant fails to obtain a building permit witlin. six months from the date of authorization of such special exception, variance or con- ditional use. City of West University Place Zoning Board of Adjustment Date Secretary 1 Voting Aye: Messrs. Snyder, Livermore, Haralson, Murff, Whenthoff Voting No:, None With no further business to come before the Board at this time, upon motion duly made, seconded and carried, the meeting was adjourned. ATTEST: o " Secre ary l airman