Loading...
HomeMy WebLinkAbout01241974 ZBA Minutes.i SPECIAL MEETING OF ZONING BOARD OF ADJUSTMENT January 21} ; 197+ The Zoning Board of Adjustment convened in special session at the City Hall on Thursday, January 21+, 1971+, 7;00 p.m., with the following mem- hers present: Chairman Dunn, presiding; members Hilton, Jahns and John- son. Alternate member Casey had been designated to sit as an acting member in the absence of Mr. Wilkins. Alternate member Wissel was also present. Chairman Dunn called the meeting to order explaining that a special meet- ing was being held as a result of a communication to the Board in the form of an application for a rehearing on the case of Mrs. Rosemary G. Toomey, Docket No. 73-9, such application being filed with the Board Secretary on Wednesday, January 23, 1971+, fulfilling the requirements of the Procedure of the Zoning Board of Adjustment. Mr. Philip C. Lewis, 3611+ Tangley, appeared before the Board to present additional evidence which he believed would justify a rehearing on Mrs. Toomey's application. Mr. Lewis called the Board's attention to the fact that the petition signed by 58 residents requested that in the event that the written protest was turned down by the Zoning Board of Adjustment that the matter be determined by the City Commission. Mr. Lewis advised that he had subsequently been advised that if turned down bTT the Zoning Board of Adjustment the matter would have to be resolved in District Court. Mr. Lewis presented the Commission a copy of the record from the office of the County Clerk of Harris County, Texas evidencing that the property was conveyed to Mr. and Mrs. Toomey on June 6, 1951. Mr. Lewis also presented a non-certified title search prepared by Stewart Title Company indicating the following: 1. That the property was conveyed to Mr. & Mrs. Toomey on June 6, 1951. 2. That on May 11+, 1955, Harris County Flood Control District con- demned 20' of the property, for which it offered to pay Mr. Toomey a total of $600.00. 3. That Mr. Toomey filed a suit in the District Court of Appeals to recover damages for the remaining property which had been rendered useless as a building site under the Zoning Ordinance provisions of the City of West University Place. 1+. That Mr. Toomey was awarded a total of $1,300.00 for the 20' of condemned property and damages to the remaining property. 5. That such damages were accepted by Mr. & Mrs. Toomey as a fair sum. 6. That on 5/5/71 the property was involved as a portion of a community property settlement upon the filing of a divorce suit. Mr. Lewis pointed out that nowhere in the report was any record to sub- stantiate Mrs. Toomey's allegation that the property had a 36' frontage, and that there was no evidence of a buy-back by Mr. Toomey of any port- ion of the 20' of property condemned by Harris County Flood Control District.- Mr. Johnson advised the Board that the decision made by such Board on January 17, 197+, was in great part on the belief that the property met the overall building requirements of 5,000 square feet, but did not have a 50 foot front building line. '~ In reply to Dr. Jahns' question with regard to the ability of this evidence having been produced at the original hearing on the application, +-~ Mr. Lewis responded that he had made a request at the hearing that a ~ decision be delayed pending the Board's being furnished a surveyor's plat ~ of the property to show the exact size of the lot. Dr. Jahns stated that to his knowledge there was no evidence p-~esented at the hearing that addit- ional evidence could be presented. Following a discussion with regard to the Zoning Ordinance being confiscatory in this instance, it was pointed out that a District Court ruled that there had been damages and the owner was paid and accepted settlement. With regard to whether or not substantial justice had been done, it was de- cided that if the Court of Appeals awarded these damages, the applicant had been treated justly, Mr. Casey stated that if one's land had been condemned and you are in a position to take it to court that is all you can do. Chairman Dunn stated that following a discussion with the City Attorney, it was his opinion that the evidence which had been presented is evidence which was not considered at the public hearing and would be considered evidence on which to base a rehearing. of the case.. Motion by Mr. Johnson, seconded by Dr. Jahns, that in view of new evidence presented to the Zoning Board of Adjustment in the Case of Docket No. 73-9, filed by Mrs. Rosemary G. Toomey, with regard to Lot 1+A, Block 73, West Univ- ersity Second Addition, that a rehearing be called. Voting Aye: Casey Voting No: None Hilton Jahns Johnson It was the decision of the Board that Mrs. Toomey be granted time to secure additional information in support of her application prior to a rehearing being scheduled. With no further business to come before the Board at this time, upon motion duly made, seconded and carried, the meeting adj urned at 8:x+5 p,m. ~, ATTEST: Chairman ~~.-/t~~ ~^ r~~ .- ~ -z" G~~~ Secretary