HomeMy WebLinkAbout05021967 ZBA Minutesf
REGULAR MEETING OF ZONING BOARD OF ADJUSTMENT
MAY 2, 1967
The Zoning Board of Adjustment of the City of West University Place convened
at 7:30 p.m. at the City Hall, with the following members present: Chairman
Livermore, presiding; Members Neighbors, Wheeler and Whenthoff.
Chairman Livermore announced that the public hearing called for 7:30 p.m. would
now begin. He advised that the notice of public hearing had been legally pub-
lished in the regular section of the Houston Chronicle on April 21, 1967 and
that notices had been mailed to all property owners within 200 feet of the
property under consideration on April 19, 1967. He stated that the public
hearing was called to give consideration to the application bearing docket
number 67-2 filed by Mr. W. F. Bettis of the Cellar Door Restaurant on
April 17, 1967, requesting an exception to the zoning ordinance to permit-him
to use the south 60 feet of Block 2, Cunningham Terrace for parking purposes
in connection with the operation of the Cellar Door Restaurant on the property
immediately adjacent. Chairman Livermore read the following provision con-
tained in the zoning ordinance, under which the Zoning Board of Adjustment
would have the authority to grant the request: "Section 30: Paragraph 2,
Article (3): Special Exceptions: When in its judgment the public convenience
and welfare will be substantially served and the appropriate use of neighbor-
ing property will not be substantially or permanently injured, the Board of
Adjustment may, in specific cases, after public hearing and notice and sub-
ject to appropriate conditions and safeguards, authorize specific exceptions
to the regulations herein established as follows:---(3) Permit the exten-
sion of a building or use into a more restricted district immediately adja-
cent thereto, but not more than 50 feet beyond the boundary line of the
district in which such building or use is authorized." The applicant, Mr.
Bettis, advised the Board that he still desired that they consider allowing
him to use the south 50 feet of Block 2, Cunningham Terrace for parking
purposes, although his application was made for 60 feet, as he had made
application fior the amount of property he owned. Mr. Bettis was advised
that should he desire to make application for more than 50 feet of the
property, he should request rezoning by the City Commission through the
Zoning and Planning Commission. They also advised him that the Zoning and
Planning Commission would probably prefer that application for rezoning
include the entire Block 2, Cunningham Terrace, and not just the 50 or 60
feet owned by Mr. Bettis..
Mr. Bettis appeared before the Board in behalf of his application, stating
that he desired to pave and use the south 50 feet of Block 2, Cunningham
Terrace for parking purposes in connection with the Cellar Door Restaurant
at 6732 Ste17a Link, and that he desired to make three entrances and/or exits
from the property, one onto Weslayan and two onto Stella Link. He stated
that he felt this additional opening onto Weslayan would help to alleviate
the congestion of traffic at the entrance to the parking lot on Ste71a Link.
Mr. E. H. Robinson, 6712 West College, appeared before the Board to speak in
behalf of a number of the residents in the area, stating that they would
not be opposed to the proposal, provided a four-way "stop" light were in-
stalled at Stella Link and Bellaire, and at Stella Link and Ruskin Street
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to allow the residents from Ruskin and College to get onto Stella Link during
heavy traffic, which he stated they are unable to do at present. He presented
a petition signed by residents in the 3800 and 3900 blocks of Ruskin Street
and in the 6700 block of East College and West College, as follows, "An appeal
for an exception to permit W. F. Bettis, Cellar Door Restaurant, 6732 Stella
Link, to pave and fence the south 60' of Block 2, Cunningham Terrace for
parking purposes, is hereby requested that it be denied until a four-way
traffic Light be installed at the intersection of Stella Link and Ruskin
Street-and :al o at Stella Link and Bellaire Boulevard". He stated that they
felt additional parking would create more traffic, and thus more of a problem
for the residents in the area.
The City Manager was present at the meeting, and Mr. Livermore asked that
d-+ he answer questions in connection with installation of a traffic signal
~ at the locations requested. Mr. Johnson stated that the light at the inter-
'~ section of Bellaire and Stella Link belongs to Harris County, but was under
~ the jurisdiction of Southside Place, and that the City of West University
00 had no control over this light. He further stated that a four-way light at
the intersection of Stella Link and 'Ruskin would be too expensive to install
at this time.
Mr. Johnson advised that he was present at phis hearing at the request of
Mayor Gill, to present information in connection with the possible widening
of Weslayan and Stella Link in the future. He presented a planning study
prepared by Ralph Ellifrit, Traffic Engineer, made in 1964. He stated
that the proposed improvements would require some 12 to 15 feer variable
from the property under consideration, for widening Stella Link. He stated
that the recommendation was that a row of houses be taken from the east
side of Weslayan a depth of 50 feet, until Ruskin Street was reached,.
and from there the right-of-way would be taken from the west side of Stella
Link to Be17aire Boulevard. He stated that it was not known when the im-
provement of Weslayan might be accomplished, as it would have to be financed
by a bond election, through the County or State.
The Board was also advised that there is the possibility that a city sewer
line transverses the property under consideration from east to west, and
that this determination would have to be made as to whether the city has
an easement across the property.
There was a question concerning the fact that the application was made for
permission to use 60 feet of the property, whereas the Board of Adjustment
would only have authority to grant an exception extending the use for 50
feet of property. It was explained that the application had been made on
the amount of property owned by the applicant, but that he desired considera-
tion of permission to use 50 feet if this was the only amount over which the
Board of Adjustment had authorization.
Chairman Livermore read a letter received by the Board from L. F. Corrigan,
President of Corrigan Properties, who own the shopping center across. Weslayan
to the west of the property in question, advising that they were fully in
favor of the request to pave and fence the property under consideration,
and felt that it would specifically benefit the area around the property,
as well as the City of West University Place, generally.
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There were several residents of the area present at the hearing, but they
expressed no opposition other than the request for a traffic signal to be
placed at the intersection of Ruskin and Stella Link and at Bellaire and
Stella Link. Chairman Livermore advised that this matter should be handled
through the Police Department and the city, rather than the Zoning Board of
Adjustment.
There being no further persons desiring to be heard, the following action
was taken: Motion by Mr. Wheeler, seconded by Mr. Whenthoff that the public
hearing 6e closed.
Voting Aye: Livermore, Neighbors, Wheeler, Whenthoff
Voting No: None
Chairman Livermore advised those present that the Board would, go into execu-
tive session at this time and arrive at a decision based on the facts pre-
sented to them.
It was agreed that the applicant definitely had a need for additional park-
ing facilities in connection with the Cellar Door Restaurant, and it was
also decided that the additional entrance and exit on Weslayan would probably
help to alleviate the traffic congestion presently existing on Stella Link
at this location. It was further atjreed that the use of neighboring prop-
erty would not be substantially or permanently injured by the granting of
this request, and that the public convenience and welfare would be substan-
tially served, if the request were granted.
Motion by Mr. Neighbors, seconded by Mr. Whenthoff, that the Zoning Board of
Adjustment grant an exception to the zoning ordinance to allow the extension
of the existing use (which is now parking only) fifty (50) feet into the im-
mediately adjacent property,'in~~accordance with provision of the zoning
ordinance contained in Section 30, paragraph 2, article (3), to allow Mr.
W.F. Bettis to pave and use the south fifty (50) feet only of Block 2,
Cunningham Terrace for parking purposes only, in connection with the Cellar
Door Restaurant located on the immediately adjacent property at 6732 Stella
Link, and that the applicant execute an affidavit that this fifty (50)
feet of Block 2 will be used only for parking purposes and that no permanent
structure will ever 6e erected on said fifty-foot (50'} lot.
Voting Aye: Livermore, Neighbors, Wheeler and Whenthoff
Voting No: None
The Board requested the City Manager to give attention to the updating of
the official zoning map of the city, inasmuch as the current map is dated
January, 1947 and does not show a number of zoning changes since that time.
There being no further business to come before the Board at this time, upon
motion duly made, seconded and carried, the meeting was adjourned at $:50 p.m.
Chairman
ATTESTa
Secretary