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HomeMy WebLinkAbout01171974 ZBA Minutes REGULAR MEETING OF ZONING BOARD OF ADJUSTMENT January 17, 197+ The Zoning Board of Adjustment convened in regular session at the .City Hall on Thursday, January 17, 197+, 7:30 p.m., with the following mem- bers present: Chairman Dunn, presiding; members Hilton, Jahns, John- - son and Wilkins. Alternate member Mike Casey was also present. Mr. Dunn announced that the Board would hold the Public Hearing called for this date and hour to consider an application bearing Docket No. 73-6, filed b~~ Mr. W. B. Whenthoff, 2803 University Boulevard. Mr. Dunn requested that the Board secretary read the Notice of Public Hearing. Motion by Mr. Wilkins, seconded b Mr. Hilton, that the Public Hearing was now open to consider an application filed by Mr. W. B. Whenthoff for the establishment of a 20' front setback on a sub-divided lot. Voting Aye: Hilton. Voting No: None Jahns Johnson Wilkins Mr. Dunn introduced all members of the Board,.. the Building Inspector and his assistant. Mr. Dunn ascertained from the secretary that notice of .public hearing was published in the Southwestern Argus on Wednesday, December 26, 1973, and that notice was mailed to all property owners within a 200' radius of the property in question on December 20, 1973, therebv fulfilling all legal requirements for the public. hearing. Mr. Dunn administered the. Oath to Mr. Whenthoff, Mr. Allstott and Mr. Perry. Mr. Whenthoff stated that his original lot fronting on University Boulevard was 100' x 220' and that on September 9, 1965 the Zoning and Planning Commission sub-divided the lot into two lots, one 70' x 100' to front on Wakeforest and one 100' x 150' fronting on University Boulevard. Mr. Whenthoff stated that inasmuch as the newly created lot was 70' x 100' he was of the opinion that the front setback would be 20' because of lot size, whereas other lots in the area were much larger and had a setback of 30' on the front, with one possible ex- ception. Mr. Dunn apologized to Mr. Whenthoff for his having to attend a second hearing, stating that an opinion from the City Attorney had clarified the question on the Board's ability to hear the case and to approve or deny the application. Mr. Whenthoff stated that it was his desire to sell the lot, but need- ed a front setback established in order that he could advise a pro- spective purchaser for determination of the size home that could be built on the lot. i . l~ ~: Motion by Mr. Johnson, seconded by Mr. Hilton, that the Public Hearing be closed. Voting Aye: Hilton Voting No: None Jahns Johnson Wilkins Mr. Dunn announced that the Board would hold the Public Hearing called for this date and hour to consider an application bearing Docket No. 73-8, filed by Mr. G. H. Stanbaugh, 3+11 Tangley. Mr. Dunn requested that the Board secretary read the Notice of Public Hearing. Motion by Mr. Wilkins, seconded by Mr. Johnson, that the Public Hearing was now open to consider an application filed b y Mr. G. H. Stanbaugh, for permission to leave a previously constructed carport in its present location even though the support posts are located within 8" to 10" of the property line rather than the 3' required by the Zoning Ordinance. Voting Aye: Jahns Voting No: None Hilton Johnson Wilkins Mr. Dunn introduced all members of the Board, the Building Inspector and his assistant. Mr. Dunn ascertained from the secretary that notice of public hearing had been published in the Southwestern Argus on Wednesday, December 26, 1973, and that notice was mailed to all property owners within a 200' radius of the property in question on December 20, 1973. Mr. Dunn administered the oath to the following: Mr. Stanbaugh Mrs. Stanbaugh Mr. Allstott Mr. Perry Mr. Elmer L. Summers Mrs. Elmer L. Summers Mrs. Stanbaugh stated that their home was located on less than a full size lot, being half of a subdivided 97 1/2' lot and if constructed with the support posts the required three feet off the property line they would have been unable to have access to their rear yard. Mr. Simpson, 3+01 Tangley, stated that it was his thought that the car- port should remain where constructed inasmuch as he could see no detri- ment to the city or the neighborhood. Mr. Austin, 3+02 Tangley, stated that he thought the carport should remain inasmuch as it was quite nice looking and added to the property. Mrs. Skinner, 3+16 Tangley, stated that she believed the carport added to the appearance of the property and that she had no objection to the encroachment. Mr. Allstott stated that the carport was constructed approximately 1 1/2 years ago and that the support posts were directly in line with another that had been constructed some 20 years previously. In response to a question regarding the accuser of this violation, Mr. Allstott replied that it was the responsibility of the Building Inspector to look for violations to the Zoning Ordinance and to see that necessary ,,,~ corrections are made, or if necessary, make an application to the Zoning ~„~ Board of Adjustment to appeal the decision made by the Building Inspector. `~ Motion b Mr. Johnson seconded b Mr. Wilkins to close the r-j Y' y public hear- (~ ing. Voting Aye: Jahns Voting No: None Hilton Johnson Wilkins Mr. Dunn announced that the Board would hold the public hearing called for this date and hour to consider an application bearing Docket No. 73-9, filed by Mrs. Rosemary G. Toomey, 3007 Castlewood. Mr. Dunn requested that the Board secretary read the Notice of Public Hearing. Motion by Mr. Johnson, seconded by Mr. Wilkins, that the public hearing was now open to consider an application filed by Mrs. Rosemary G. Toomey for permission to use Lot ~+A, Block 73, West University 2nd. Addition as a building site with a 36' front building line. Voting Aye: Hilton Voting No: None Jahns Johnson Wilkins Mr. Dunn introduced all members of the Board, the Building Inspector anal his assistant. Mr. Dunn ascertained from the secretary that Notice of Public Hearing was published in the .Houston Chronicle on January 2, 197+, and that notice was mailed to all property owners within a 200' radius of the property on December 31, 1973, with a supplemental notice being mailed to property owners on January 11, 197~t, to clarify the location of the property in question. Oath was administered to the following by Chairman Dunn: Mrs. Rosemary G. Toomey,-3007 Castlewood Mr. Richard Kesselus, 3020 Albans Road Mrs. Richard Kesselus, 3020 Albans Road Linda Lewis, 361+ Tangley Philip Lewis, 361. Tangley Sara Seymour, 3618 Robinhood Kelly Seymour, 3618 Robinhood Hall Robertson, 3701 Tangley r~ 108 Paula Robertson, 3701 Tangley Carolyn Wilson, 3610 Robinhood Jim Cole, 3523 Robinhood Gene Hines, 37+8 Rice Charles Hall, 3608 Plumb Mrs. James Goodrich, 3606 Tangley E. E. Griffin, 3520 Tangley Harold Smith, 3608 Robinhood Elizabeth Mossy, 3706 Tangley Richard Chambers, Jr., 3715 Tangley G. R. Mattei, 3523 Tangley Other residents whose names were not obtained Mrs. Toomey advised the Board that when originally purchased by she and her husband, the lot was the standard 50 foot lot, but that in 1951 the Harris County Flood Control District had condemned a portion of the lot to widen Poor Farm Ditch, and later resold to them the unused portion, resulting in a lot only 36' in front width. Mrs. Toomey further stated that the lot met the overall building requirements of 5000 square feet, but merely did not have a 50' front building line. Chief Richard Kesselus advised the Board that he had recently moved to West University upon accepting the position as Chief of Police of the city and that he and his wife were having a very difficult time finding a home in West University that was both desirable and affordable, as required as a provision to his employment. Mr. Kesselus stated that funds were available to him to contract a new home, but were not appli- cable to an existing residence. ,~ Mrs. Betty Kesselus advised that she understood that people never like change, but that she and her husband thought this to be a beautiful lot on which to build a home. Being located on a dead end street would be much safer for their two children; convenient to the West University Elementary School; and within their price range. Ms. Linda Lewis, 361+ Tangley, asked how access would be gained to the property inasmuch as the street does not extend that far, and who would bear the expense. Chief Kesselus stated that he would bear any expense necessary to gain access to the property. Mr. Allstott stated that if the property was developed it would be the responsibility of the city to complete the paving to the fence on Poor Farm Ditch. Mr. Philip Lewis, 361+ Tangley, asked what were the setback requirements and surveyed distance of the lot. Mr. Allstott advised that there would be a 20' rear setback and 3' re- quired on either side of the property. Mr. Kelly Seymour, 3618 Tangley, stated that this would not leave room. to build a house comparable with others in the area. Y.7 R Mr. Jim Cole, 3523 Robinhood, was advised that the minimum square foot- . age of a lot must be 5,000 square feet. Mr. Gene Hines, 37~+8 Rice, asked Mrs. Toomey if she had ever owned the adjacent lot to which Mrs. Toomey replied that the original deed was for only Lot ~+A, Block 73, West University 2nd. Addition. In response to a question from Dr. Jahns as to whether or not she knew the property might be condemned when it was purchased, Mrs. Toomey stated that actually her husband bought the property and she knew very little about it until she acquired it in a community property settlement in April, but that it had been purchased a number of years prior to the widening and addition of a concrete liner to Poor Farm Ditch, and there would 'have '~'~ been no way to know of possible condemnation. Mr. Charles Hall, 3608 Plumb, asked Mrs. Toomey if the property had been for sale prior to the time Chief Kesselus had contacted her. Mrs. Toomey ~ responded that her son had posted a sign with her telephone number on it, at the lot soon after she acquired it in April. In .response to a remark that the adjacent neighbor had been using the property, Mrs. Goodrich, 3606 Tangley, stated that she had kept the lot mowed and edged for seventeen years in order to make her own property look better. Ms. Sara Seymour, 3618 Robinhood, asked Chief Kesselus if he thought the rule that required a 50' front building line should be changed just for him. Chief Kesselus stated that the application had been filed by Mrs. Toomey and she was requesting that the lot be designated as a building site, whether he did or did not purchase the lot. In response to a question regarding the property being owned for twenty- years and could not be built on, why was Mrs. Toomey now requesting a variance, she replied that construction types have changed greatly in twenty years and now it was quite feasible to build a nice home on a lot 36' in width. In response to a question regarding the criteria to be used in making a decision on this case, Chairman Dunn advised that the criteria used had been provided through the State Statutes of Texas. Mr. Harold Smith, 3609 Robinhood, stated that as senior owner of the group, having owned his home since August 1, 19+1„ it was his belief that the 50' frontage requirement should continue to be the minimum unless this was the last lot in West University and if so then put a house on it. He also stated that if the Chief of Police were not paid enough money to live in West University Place he should be given a raise. Other thoughts expressed during the public hearing were that lowering the minimum frontage on lots would open the door to construction of townhouses on small lots and would be an intrusion into the community; that enough re- search had not been done to adequately hear the case inasmuch as there was no plat of the area showing the exact size of the lot; that there would be inconveni nce to the neighbors during the period of construction; and what influence on the decision of the Board would the people attending the meet- ing have. Motion by Mr. Johnson, seconded by Dr. Jahns, that the public hearing be closed. Voting Aye; ,Hilton Voting No: None Jahns Johnson. Wilkins Following a recess of ten minutes, .the Zoning Board of Adjustment re- convened to evaluate the information presented and render a decision in each of the. three cases heard. In reviewing Mr. Whenthoff's application the Board referred to the minimum setback requirements which specify that a lot, having a depth of 110' or less shall have a front building line of 20'. Also con- sidered was the provision stating, except if a block is 25% built up, new buildings will lane up with existing buildings, but in no case shall a setback be less than 20'. Motion by Dr. Jahns, seconded by Mr. Hilton, that the Zoning Board of Adjustment render an interpretation in this case of the following: That Mr. Whenthoff's lot is less than 110' in depth and the p escribed 20' building setback line is in order in this case. The Board holds that the part making reference to whether a block is 25% improved with build- ings would, in .some cases, allow a property owner to build closer to the street, but it would-not make him build further back. Voting Aye: Hilton Voting No: Dunn Jahns .Johnson Wilkins A review of the Application filed by Mr. G. H. Stanbaugh indicated that the posts on the carport constructed 1 1/2 years ago were lined up with the posts of the twenty year old construction; not objected to by any of the residents in the area; and was in no way a detriment to the neighbor- hood. Motion by Mr. Johnson, seconded by Mr. Wilkins, that it is the Board's in- terpretation that in the case of Mr. G. H. Stanbaugh that the posts on the property line in .this particular instance, are within the spirit of the ordinance and thereby find in favor of his petition. Voting Aye:. Hilton Voting No: None Johnson Wilkins Dunn Dr. Jahns abstained from voting. It was pointed out during the discussion that the application filed by Mrs. Rosemary G. Toomey fora variance to allow construction on a 36` wide lot was an appropriate appeal; that the case was specific since only one lot was being considered and that conditions were special and peculiar to this one lot. In regard to public interest, the public health, safety and welfare, in general, would not be endangered due to the erection of a 1 1 1 .~, house on this prop qty and in the open meeting there was no evidence in- dicating otherwise. The evidence presented was deemed to indicate that the Zoning Ordinance as applied to this lot would be confiscatory by making it practically worthless by not permitting any resonable use of the. lot. The spirit of the ordinance shall be observed in that other than the front of the lot, no other modifications are being made. No evidence was presented that would indicate that any or all of the public would suffer damages by the construction of a house on this lot. :'~ CA 1 Motion by Mr. Johnson, seconded by Mr. Hilton, that the application filed by Mrs. Rosemary G. Toomey, bearing Docket No. 73-9, filed on December 27, 1973, for a variance be granted on the basis that the following seven (7) elements as required by the Texas Statutes have been met: (l) It must be granted on appeal. (2) It is granted only in specific cases. (3) It must be because of special conditions. (~+) The variance granted shall not be contrary to the public interest, (5) Literal enforcement would result in unnecessary hardship. (6) The spirit of the ordinance shall be observed. (7) Substantial justice must be done to all parties involved. Voting Aye: Dunn Voting No: None Hilton Jahns Johnson Wilkins With no further business to come this time, upon motion duly made, at 12:50 a.m, before the Zoning Board of Adjustment at seconded and carried, the meeting adjourned }~ \~i~ C-~C ~~--.. Chairman ATTEST: Secretary 1