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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 4 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. i 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