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HomeMy WebLinkAbout06191967 ZBA Minutes~3 .REGULAR MEETING OF ZONING BOARD OF ADJUSTMETJT JUT~lE 1~ , 1967 The Zoning Board. of Adjustment of the City of West University Place convened in regular session at the City Hall on Monday, June 19,1967 730 p.m., witY~ the following members present: Acting Chairman John Neighbors; Members Murff, Wheeler and.. Whenthoff. Alternate Members Waldt and. Scott were also present. Mr. Neighbors advised. that this meeting had been called. for the purpose ~ of holding a public hearing in connection with the application of Mr. ~' John L. Kluppel, 3224 Tangley, filed on June 5, 1967 for permission to ~ reconstruct a detached garage in the same location as his old garage, to ~' extend. within five (5) feet of the side property line. He stated. for ~ the record. that notices had been mailed. to all persons owning property OG within 200 feet of the property in question, and. that notice had been published. in the Houston Chronicle on June 8,186'7. Motion by Mr. Murff seconded- by Mr. Whenthoff that the public hearing be called. to order, Mr. Kluppel advised. the Board. that he had. torn down his detached garage which was located. five (~`) feet from the side property line an'Fiutgers, in order to corstruct a new garage. He stated. he was not aware at that time that he would- not be permitted to reconstruct the garage in the same location with a five-foot side setback. He stated. that he desired. to construct the garage five feet from the side property line in order to align with all other garages in the area on the side street, and. so that he would. not have to pour a complete new slab and cut down a very large elm tree which was immediately behind. his old. garage. Mrs. Norman West, 5720 Buffalo Speedway, advised. the Board. that she had. driven from Bissonnet south on Rutgers and. that there were no other gar- ages on°Rutgers in the area which were more than five (5) feet from the side property line. She stated. that she felt Mr. Kluppel should. be per- mitted. to construct his garage in the same location as the old.. garage, and that she also had. observed. that there were no houses fronting on the street, and that there were'no sidewalks on. Rutgers Street side. Mr. Carlson, 3223 Robinhood, who lives directly behind Mr. Kluppel, stated. that he would hate to see Mr. Kluppel's garage moved. back five feet, because he thought it would. be unfair to Mr. Kluppel, and also his own garage is located, five (5) feet from the side property line and. aligned. with Mr. Kluppe].'s. Mr. J. S, Bailey, 3215 Robinhood., advised. the Board that he had. observed the construction on both sides of Ruts~ers Street. He stated. that he understood.. the garage was constructed 30 years ago when the zoning ordi- Hance permitted the five-foot setback fro m the side property line. He stated. that all garages in the area north and south of Robinhood. were five feet from the side line. iie stated setting back ten feet would. break up the that he felt Mr. Kluppel's uniformity of construction in the neighborhood. and was thus opposed. to this. He stated. that he felt Mr. Kluppel should be congratulated. for his civic pride in wanting to construct a new garage, and. urged. the Board. to permit Mr. Kluppel to replace the garage in the same location a s his old. garage. Nrs. J. S. Bailey, 3215 8obinhood, stated that she felt Mr. Kluppel should. be allowed. to rebuild his garage in the same place as the old. garage, because if he constructed. a garage at a ten-foot setback it would. ca~zse a breaking up of the uniformity in the neighborhood.. r1r. Neighbors read. letters from the following property owners in the area, all advising that they were in favor of allowing Mr. Kluppel.. to lACpnctruCt his garage in the same location, five feet From the side property lines Mrs. F. H. Meeker, 32,1 Tangley; Mr. a.nd. Mrs. Melbourne C. Driscoll., 3?_23 Ta.ngley; Mrs. M. K. Qulver., 33Q? Tar.gley; Mr. F. L. Hodges, 3303 Tan.>gley. Mr. Hodges also adv3.sed that if the garage were moved. back to a ten-foot setback, Mr. Kluppel would. be forced. to cut dovrn a large el~r~ tree in the r. ear yard . There being no further persons desiring to be heard, Mr. Neighbors advised those present that this Board had. the authority to hear this re~_zest ~znder provisions contained. in the zoning ordinance which states "When in its judgment the public convenience and. welfare will be sub- stantially served., a.nd the appropriate use of neighboring property will not be substantially or permanently injured., the Board of Adjust- fxaent may, in specific cases., after public notice and. hearing and. subject. to appropriate conditions and. safeg~.zards, authorize special. exceptions to the reg?zlations herein established. as follows --- (2) Permit the reconstruction of ~. huildin.~~ occupied by a non-conforming use, or permit the extensior_ ~~f a non-conforming use of ~~. building upon the lot oec~a- pied by sucl•.~ ~:.:=~~>> cf wilding at tr~e~ time cf the passage of this ordin- ance. "' He then advised those present that the Board v~ra?ald go into executive session and. yak e a decision, ?.nd that ~:r. Kluppel wo~.zld be advised of their decision on the Boarc'~f s official form within the TiE'~_t two days . Motion by Mr. Murff, seconlea_ by Mr. Whenthoff th~.t the public hearing be clcsc:d. Those pz~eser~t at the .meeting left at this time. ~rbting Aye : .fLll Voting; ~?o : None r~.oticn by ~.r. F~TUrff, secoz7d.ed byi~r. ~~rheelez~ that the request of Nr. Jahn L. Kluppel be granted., any? that the Board. of Adjustment allow an ex.cep- tion to the zoning, ordinance in accordance with provisions contained in Section 30, article (2), Paragraph (2), quote? previously by Mr. I~;eighbors, to permit Mr. Kl~zppel to reconstruct hss detached garage in the same location s?~own on t.~e iot plan submitted. which would. be five (~) feet from the siege property line. Voting Aye : All ?toting ~v'o : gone There being ro further buc:iness to come before the Board at this time, uNon motion duly mate, seconded and. carried, the meeting was adjourned. Chairman ATTESTS Secretary