HomeMy WebLinkAbout07251974 ZBA Minutes
REGULAR MEETING OF ZONING BOARD OF ADJUSTMENT
JULY 25, 1974.
The Zoning Board of Adjustment convened in regular session at the. City
Hall on Thursday, July 25, 1974, 7:30 P. M. with the following members
present; Chairman Dunn, presiding; members Casey, Johnson, and Wilkins.
Alternate member Wissel had been designated to sit as a member in the
absence of Dr. Jahns.
Mr. Dunn announced that the Board would hold the Public Hearing called
for this date and hour to reconsider 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 Pub lic
Hearing.
Motion by Mr. Wilkins, seconded by Mr. Johnson, that the public hearing
was now open to consider an application filed by Mrs. Rosemary G. Toomey
for permission to use Lot 4A,Block 73, West University 2nd Addition as
a building site with less than a 50' front building line.
Voting Aye; Casey Voting No; None
Johnson
Wilkins
Wissel
Mr. Dunn introduced all member 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 July 3, 1974, and that notice
was mailed to all property owners within a 200' radius of the property
on July 2, 1974.
Mr. Dunn reviewed the prodedure to be followed in holding the Public Hearing
and administered the Oath to all persons desiring to be heard.
Mrs. Toomey was represented by Mr. John Cahoon, Attorney, who stated that
on January. l7, 1974, the Zoning Board of Adjustment had granted Mrs. Toomey
a variance to permit construction on a lot 36' x 150' and area residents
had subsequently presented evidence that Mrs. Toomey in fact held title
to only a 30' x 150' lot.
Mr. Cahoon further stated that Mrs. Toomey had contacted representatives
of the Harris County Flood Control District and nova had an option to pur-
chase an additional 8' of adjacent property that was not being used or
anticipated for use by the Flood Control District in conjunction with
its flood control ditch, such 1200 square feet of property to be sold
for the sum of 1,800.00
In reviewing the original application ~. Cahoon advised that in May,
1952, Mr. and Mrs. Toomey acquired an 50' x 150' lot, being Lot 4A, Block
73, West University 2nd Addition; that upon the application of Harris
County Flood Control Ditch on March 19, 1954, twenty (20') feet of the
property was condemned; that subsequent to an appeal by Mr. Toomey to
the Commissioners Court, an award of 600.00 was made as the value of
the property and an additional award of $700.00 was made as damages to
the remainder of the property; that the property was awarded to Mrs.
Toomey as a pert of a divorce proceeding; that Mr.s Toomey had paid
all taxes, including back taxes, on the property; and that unless a
variance was granted the property would be unusable for any construction
purposes.
In response to a question from Mr. William Herb, 3621 Tangley,- regarding
,.~ continued ownership since 195, Mrs. Toomey replied that she and her
,~ husband had jointly owned the property since 195+•
"~ Mrs. Elizabeth Mossby, 3607 Tangley, was advised that the city requires
a thre (3') foot setback on either side of all inside lots and a five
~5') foot setback on corner lots.
Mr. Cahoon advised Mr. James W. Robertson, 3701 Tangley, that the two
awards made for the property in 195+ were made in one action by the
Commissioners Court, and that a hardship existed when an individual was
required to pay the same amount of taxes as other property owners and
could not use the property for construction pruposes.
Mr. Robertson stated that removal of the trees from the property would
be a hardship on other property owners in:ther area.
In response to a question by Mr. Philip Lewis, 361+ Tangley, Mr. Cahoon
read Cause #71, 33~+, being the case of Harris County Flood Control Dis-
trict vs V. M. Toomey, Jr., to substantiate his point that both the award
for the value of the property and damages to the remaining portion of
the property was all completed in one action by the Commissioners Court.
To a question by Mr. Harold Smith; 3609 Robinhood, as to the original
purchase price of the property, Mr. Dunn advised that such information
was conpletely irrelevant to the discusstion being held.
Mr. Cahoon advised Mr. Robertson that Mrs. Toomey had paid taxes to the
City of West University Place and the Houston Independent Schoold District
since she acquired title to the property, and that she had also paid
back taxes for the period 1961 to 1972.
Mr. Charles Martin, 6519 Rutgers, inquired as to why Mrs. Toomey did
not seek additional damages from the Commissioners Court if she was
not happy with the previous action taken, and was ddvised that damages
could not be readjudicated.
Mr. Emile Zachariah, 3619 Tobinhood, stated that he had given the Harris
County Flood Control District twenty (20') feet of his property at the
time the drainage ditch was constructed. Mr. Zachariah further stated
that he owned two lots and the loss of the 20' did not affect his being
ab le to use his property.
Mr. Cahoon repeated that Mrs. Toomey now held title to 30' of property
and had an option to purchase an additional 8', making a total of 38'
and that at the previous hearing the Board determined that a lot 36'
wide was sufficient for a building site.
In response to a question by Mr. 0. K. Eden, 3703 Robinhood, regarding
the relationship of the property line of the property to .the Poor Farm
Ditch, Building Inspector J. D. Allston advised that he had measured
from the house next door and determined that there was a distance of
one (1') fott between the property line as would be estab lished by the
purchase of an additional 8', and the fence eredted on the Poor Farm
Ditch site.
Mrs. Linda Lewis, 361+ Tangley, asked if the Board was nc~w considering
a variance on the original 30' lot or a variance on the 30' lot plus
the additional 8', and if the Board thought it pertinent to consider
a 38' lot when the property had not been acquired.
Mr. Dunn advised Mrs. Lewis that the purpose of the hearing was to hear
all information available with regard to the application and such infor-
mation would be considered by the Board in its deliberation of the case.
Mrs. Eden, 3703 Robinhood, stated that if the property was 1' from the
Poor Farm Ditch fence: line and would require a 3' setback on either side,
it would appear that there would be sufficient room only for the con-
struction of a long skinny house.
r
Mr~Philip Lewis reviewed previous action of the board wherein he presented
evidence indicating that Mrs. Toomey owned only 30' of property and the
decision was made by the Board to call a rehearing on the application.
Mr. Robertson cited a case of law, Moody vs University Park, the three
criteria to be met prior ro granting a variance;
1)` Hardship must not be self imposed
2) Hardship must not. be financial only
3) Hardship must be unique only to the property in question
In response to a question regarding the extension off' the street and curb
that would be required to develop the lot, Mr. Allstott advised that
cost for the extension would be shared by the city and the property
owner.
Following Mr. Lewis' remarks that it was his opinion that the Board
could not properly consider the application for granting a variance with-
out having a certified plat of the property, Mx. Casey asked Mx. Lewis
if he had gotten such a survey for presentation to the B oard. Mr.
Lewis replied that he had not.
Mr. Felix Vogel, 3601 Robinhood, stated that the meeting had been called
to determine if Mrs. Toomey should be granted a variance to build a house
on the lot and that the Board should take a vote of the people attending
the hearing to see how they felt about such construction, and the the
feelings of the people living around the property should be considered.
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Mrs. Eden stated that in walking around West University she had noted
a number of houses that were constructed on lots less than 50' wide and
that the Zoning was the reason people referred to West Univer~~ty as
the poor man's River Oaks, and she was afraid that West University would
end up having a lot of homes on small lots.
Mr. Dunn advised Mr. Vogel that no vote would be taken. and that all in-
formation presented would be considered by the Board.
Motion by Nir. Johnson, seconded by Mr. Wilkins, that the Public Hearing
would now be closed.
Voting Aye: Casey
Johnson
Wilkins
Wissel
Voting No:-None
Following a five minute recess, Mr. Dunn announced that the Board would
hold the Public Hearing called for this date and hour to consider. an
application bearing Docket No. 74-~+, filed by Mr. Jerry Register, 609
Fannin, Suite 1425.
Mr. Dunn requested-that the Board Secretary read the Notice of Public
Hearing.
Motion by Mx'. Wilkins, seconded by Mr. Jo~m.son, that the public hearing
was now open to consider an application filed by Mr. Jerry Register for
permission to enclose an existing fror:~t porch with glass_at the re~zdence
located at 6412 Rutgers.
Voting Aye: Casey
Johnson
Wilkins
Wissel
I~
Voting No• None
Mr. Dunn ascertained from the secretary that Notice of Public Hearing
was published in the Southwestern Argus on July 10, 1974, and that notice
was mailed to all property owners within a 200' radius of the property
on July 9, 1974•
Mr. Dunn announced that inasmuch as all persons present had attended the
previous public hearing he would not review the procedure to be followed
in conducting the publich hearing, but would at this time administer
the oath to any persona desiring to be heard.
N1r. Register advised the Board that he had purchased the property.'
approximately six weeks ago and was in the process of remodeling it for
occupancy. Mx'. Register stated that the house was built in 1933 and
was in very bad condition, and it was his belief that enclosing the
front porch with glass would add much to the aesthetic appearancd of the
property and to the street.
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It was determined that Mr. Register had secured the necessary building
permit for his remodeling and when advised that the porch could not be
enclosed with glass without an exception being granted by the Zoning
Board of Adjustment he had stopped work on the porch until a Public
Hearing was held by such board.
Mr. Cecil Lancaster, 5115 Beechnut, who owns the property at 6401 West+
Chester directly behind Mr. Register's property, advised the Board that
he had not objected to Mr. Register's request, but would like to request
him to clean the area between two fences located on his property.
Mr. Bob Spear, 3768 Robinhood, advised tha Board that he had a contract
to purchase the house adjacent to Mr. Register's property, and that the
remodeling planned by Mr. Register was in great part the reason he wanted
to purchase the house and live next door.
Building Inspector J. D. Allstott advised the Board that the porch ex-
tends nine (9') feet into the front building setback of 30'. He also
stated that some of the houses in the block had porches in the setback
and some did not.
Mrs. Rodney Beaver, 6421 Sunset, was advised that permitting the enclosure
of the porch would not set a precedent for other houses located on the
block inasmuch as each application was judged. on its own merit.
Mr. Register stated that the basic function of the porch would remain
as a porch with doub le doors opening from the porch into the house.
Motion by Mr. Johnson, seconded by Mr. Casey, that the Public Hearing
be closed;
Voting Aye; Casey Voting No: None
Johnson
Wilkins
Tobissel
Letters from Mrs. Jane Nightengale, 3609 Tangley, and Mr. William Gal-
b reath, 3714 Robinhood, expressing their desire that the Board rule nega-
tively on the application by Mrs. Rosemary Toomey, were presented for
consideration.
Following a review of all evidence presented in connection with the
application filed by Mrs. Toomey that Lot 4A, Block 73, West University
2nd Addition, be used as a construction site with less than a 50' front
building line, the following action was taken by the Board.
Motion by Mr. Casey, seconded by Mr. Johnson, that the Zoning Board of
Adjustment reaffirm the variance granted on the 17th of January, 1974,
provided that Mrs. Toomey exercises the option to purchase an additional
1200 square feet of property as outlined in letters from the Harris
County Flood Control District, dated May 7, 1974 and May 29, 1974, and
furnishes the Zoning Board of Adjustment a certified plat showing all
newly defined property lines and easements after acquisition of the
additional 1200 square feet of property.
Voting .Aye; Casey
Johnson
Wilkins
Wissel
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Voting No: None
Motion by Mr. Johnson, seconded by Mr. Wilkins, that an application
bearing Docket ~ 7~+-~+ filed by Mr. Jerry Register for enclosure of an
existing front porch be approved and the decision of .the Building
Inspector be reversed.
Voting Aye; Casey
Johnson
Wilkins
Wissel
Voting No: None
The Board was advised that the City Commission had taken no action to
appoint a second alternate to sit on the Board.
After discussing a definition of "Open Porch" Chairman Dunn was requested
to write a letter to the City Commission requesting that study be given
to such definition.
With no further business to come before the Board at this time, upon
motion duly made,seconded and carried, the meeting adjourned at 10:45
p.m.
ATTEST:
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Secretary
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Ch rman