HomeMy WebLinkAbout04171975 ZBA Minutes1 `~
REGULAR MEETING OF ZONING BOARD OF ADJUSTMENT
APRIL 17, 2975
The Zoning Board of ADjustment convened in regular session at the City .Hall on
Thursday, April 17 , 1975, 7:00 p.m., with the following members present: Chair-
man Casey, presiding; members Ayres, Billings, Johnson and Wilkins. Alternate
members Burge and Doughty were also present. Commissioner Philip Dunn attended
the meeting to review the Powers of a Zoning. Board of Adjustment and duties of
members serving on the Board.
Commissioner Dunn expressed the appreciation of the City Commission to members
of the Board for their agreeing to serve, stating that selection of members of
the Zoning Baord of Adjustment was first on the Commission's priority list of
appointments to various Boards and Committees, and that careful consideration had
been given to the selction of members.
Commissioner Dunn reminded Board members that this was the only completely in-
dependent board within the framework of the city, not being subject to review by
any other body. Commissioner Dunn stated that members of the Board had a dual
responsibility in that they were responsible for the protection of the city's
Zoning Ordinance and at the same time had the responsibility to render justice
under the ordinance to citizens.
In conclusion, Mr. Dunn stated that the City Commission would want him to remind
Board members that the booklet furnished as a guideline was prepared by the City
Attorney of the City of Bellaire, and while it was the best thing members had
going for them, .they should also remember that guidelines for the City of Bellaire
might be different for West University.
Chairman Casey thanked Commissioner Dunn on behalf of members of the Board for his
vote of confidence and the benefit of his. experience as a former member of this
Zoning Coard of Adjustment.
Minutes of the regular meeting of the Zoning Board of Adjustment on Thursday,
March 11, 1975, were presented to the Board for consideration.
Motion by Mr. Wilkins, seconded by Mr. Johnson, that minutes of the regular
meeting of the Zoning Board of Adjustment on Thursday, March 11, 1975, be approved
as submitted.
Voting Aye:. Ayres Voting No: None
Billings
Casey
Johnson
Wilkins
Rules of Procedure adopted by the previous Zoning Board of ADjustment on October 18,
1973, were presented for consideration.
Motion by_~1r. Wilkins, seconded by Mr. Ayres, that Rules of Procedure as adopted
on October 18, 1973, be approved as the official Rules of Procedure for the
current Zoning Board of Adjustment.
Voting Aye: Ayres Voting No: None
Billings
Casey
Johnson
Wilkins
Chairman Casey announced that the Board would hold the Public Hearing called for
this date, hearing the case Docketed No. 75-2, inasmuch as the applicant in case
Docketed No. 75-1 had not yet arrived at the meeting.
Motion by Mr. Johnson., seconded by Mr. Wilkins, that the public hearing was now
~ open to consider an application filed by Mr. Lee Roy Thursman for permission to
~., construct an 8' x 28' carport on his property at 4126 University Boulevard.
~ Voting Aye: Ayres Voting No: None
~ Billings
Casey
Johnson
Wilkins
Mr. CAsey introduced himself and identified. his residence in the city, followed
by each member of the Board.
Mr. CAsey then ascertained from the secretary that Notice ,of Public Hearing was
published in the Southwestern Argus on Wednesday, April 2, 1975, and notice was
mailed to all property owners within a 200' radius of the property in question on
April 2, 1975, thereby fulfilling all legal requirements for the Public Hearing.
Mr. Casey administered the Oath to Mr. and ..Mrs. Thurman, Mr. J. D. Allstorr,
Building Inspector and Mr. Wayne Perry, Assistant Building Inspector.
Mr. Thursman advised the Board that it was his desire to construct an 8' x 28'
carport inasmuch as the addition of a den to the rear of his home had rendered
a double inaccessible. Mr. Thurman stated that he had not been aware of the
existence of a Zoning Board of Adjustment until so advised by Mr. Perry. and
he was delighted to have an opportunity. to present his request to the Board.
Mr. Thurman advised that he proposed to use ornamental iron post on the front
of the carport to match the existing .iron work on his home and that the carport
would be so constructed as to drain water onto his driveway.
In response to questions by members of the Board, Mr. Thurman stated that his
home was constructed in 1953 and the den added in 1969.
Mr. Perry advised the Board that Mr. Thurman's application fora building permit
was rejected by the Inspection Department inasmuch as the proposed construction
would be within the required three (3') foot side setback under the provisions
of the Zoning Ordinance.
Motion by Mr. Johnson, seconded by Mr. Billings, that the Public Hearing be closed:
Voting Aye: Ayres Voting No: None
Billings
Casey
Johnson
Wilkins
Motion by Mr. Wilkins, seconded by Mr. Billings, that the application docketed
as 75-1, filed by Mr. Randy Jones, dba Hamburgers by Gourmet, for permission
to enclose an existing patio area, was not open.
Voting Aye: Ayres Voting No: None
Billings
Casey
Johnson
Wilkins
Mr. Casey introduced himself and identified his residence in the city, followed
by each member of the Board.
Mr. Casey ascertained from the secretary that Notice of Public Hearing was published
in the Southwestern Argus on Wednesday, April 2, 1975, and notice was mailed to all
property owners within a 200' radius of the property in question on April 2, 1975,
thereby fulfilling all legal requirements for the Public Hearing.
Mr. Casey administered the Oath to Mr. Randy Jones, Mr. J. D. Allstott and Mr.
Wayne Perry.
Mr. Jones advised the Board that it was the desire of the owners of Hamburgers
by Gourmet to enlarge the existing retaurant in order to provide additional
seatint capacity; provide better kitchen working arrangements; and .install so-
phisticated equipment that would remove amoke, grease and odors that had in the
past proved offensive to adjacent property owners. Mr. Jones stated that enclosure
of the existing patio area was much more feasible than removing the .house located
on the rear of the property and enlarging the rear portion of the restaurant. Mr.
Jones presented the Board with photographs of other Hamburgers by Gourmet res-
taurants, stating that it was believed that the proposed remodeling would be
economically feasible and would make the property more appealing to the public.
In response to questions by Board members, Mr. Jones stated that Mr. Allstott had
previously determined that there are existing parking spaces to meet the require-
ment of the additional space proposed for construction/
Mr. Allstott advised the Board that the application filed by Mr. Jones fora building
permit for the proposed remodeling had been denied inasmuch as the Zoning Ordinance
required a thirty (30') foot front building setback for all Retail Business Districts,
and the proposed expansion of the building would leave a fifteen (15') foot front
setback.
In response to a question with regard. to his plans in event the application was
denied, Mr. Jones stated that he had no intention of letter the building go to
pieces, but the remodeling project would not be economically feasible unless addi-
tional seating capacity was obtained.
Motion by Mr. Johnson, seconded by Mr. Billings, that the Public Hearing be closed.
Voting Aye: Ayres Voting No: None.
Billings
Casey
Johnson
Wilkins
y
Motion by Mr. Johnson, seconded by Mr. Billings, that the Public Hearing was:
now open to .consider an application filed by Mr. Roger Poser for permission
to enclose an existing ,concrete foundation at his home located at 6106 Fordham,
such application bearing Docket No. 75-4.
Voting Aye: Ayres Voting No: None
Billings
Casey
Johnson
Wilkins
Mr. Casey introduced himself and identified his residence in the city, followed
~ by each member of the Board.
d"
v Mr. Casey then ascertained from the secretary that Notice of Public Hearing was
~ published in the Southwestern Argus on Wednesday, April 2, 1975, and notice was
~ mailed to all property. owners within a 200' radius of the property in .question
~ on April 2, 1975,. thereby fulfilling all legal rec{uirements for-the Public Hear-
ing.
Mr. Casey administered the Oath to Mr. and Mrs. Roger Poser, Mr. George Bigger
of Corpus. Christi. who is doing the remodeling work for Mr. and Mrs. Poser, Mr.
Harvey Trammel, 6102 Fordham; Mr. Darry Daugherty, 6032 Fordham; Mr. John Greaner,
6105 Fordham; Mr. Allstott and Mr. Perry.
Mr, Poser advised the Board that they rented the house in .October, 1974, upon
completion of repairs that were necessary before a certificate of occupancy
could be issued for the house, and subsequently bought. the house in March, 1975.
Mr. Poser stated that it was their intention to remodel the entire house to enhance
both its value and appearance which would be an asset to the entire city inasmuch
as the house was in full .view of through traffic on Rice Boulevard.
Mrs. Poser presented the Board sketches of the proposed front. of the residence
upon completion of the porch enclosure, if permitted,_as well.. as floor plans
for the entire remodeling of the house. Mrs. Poser also presented photographs.
showing the state of deterioration of the house.
Mr. Harvey Trammell, 6102 Fordham, stated that he purchased his home in April,
1974, and was aware of the. problems encountered by the Posers in the acquisition
of the property and was 100% in favor of,the Board granting their application.
Mr. Larry Daugherty, 6032 Fordham, stated that since the purchase of his home
in December, 1971, he had been trying to remodel and he believed that the appli-
cation of the Posers should be granted as it would be of great benefit to the
entire neighborhood.
Mr. John Treaner, 6105 Fordham, stated that_he_had been to the .City Hall many
times to complain about the condition of the house prior to acquisition, by the
Posers and at one time considered selling his'own home because of the terrible
condition of the house. Mr. Greaner stated that he could not imagine. why the.
Posers had to come before the Board when anything they did to the property would
definitely improve the appearance.
' a)
Mr. George. Biggers, Corpus Christi, stated that they were planning for only
the best of .improvements, in the remodeling project and believed it would be
an asset to the community .when completed.
Mr. Perry stated that the applicationfor a building permit by Mr. Poser was
denied. inasmuch as the porch, if ..enclosed, would become an integral part of
the house and would be in violation of the front setback. lines, Mr. Perry
also stated that the previous condition of the .house prohibited occupancy
for a period of six months before minimum repairs were done to permit someone
to occupy the. house.
Motion by Mr. Johnson, seconded by Mr. Billings, that :the Public Hearing be
closed.
Voting Aye: Ayres Voting No: None
Billings
Casey
Johnson
Wilkins
Motion by Mr. Wilkins, seconded by Mr. Johnson, that the.. Public Hearing was now
open to consider an application filed by Mr. Ralph Scott, bearing Docket No.
75-3, for permission to use the premises at 6416 Rutgers as a temporary residence.
Voting Aye: .Ayres. Voting No: None
Billings
Casey
Johnson
Wilkins.
Mr. Casey introduced himself and identified his residence in the: city, followed
by each` member of the Board.
Mr. Casey then ascertained from the secretary that Notice of Public Hearng_was
published in the Southwestern Argus on Wednesday, April 2; 1975, and notice
was mailed to all property owners with a 200' radius of the property in question
on April 2, 1975, thereby .fulfilling all legal requirements for the Public Hear-
ing.
Mr. Casey administered the Oath to Mrs... Katie Adams, 2329 Watts Road, Mrs. Nelle
Witt, 6415 Westches er, Mr. Allstott and Mr. Perry.
Mrs. Adams advised the Board that the owner of the property, Mr. Ralph Scott,
had telephoned her earlier to advise that he would be unable to attend the
meeting because of the illness of a friend, and that she would represent Mr.
Scott before the Board.
Mrs. Adams .:,reviewed previous action-taken ,by the property owner in having the
lot sub-divided by the Zoning and Planning Commission. A prospective buyer
had been found for the property, provided he_could live in the house located
on the rear of the- lot, during construction.. of a new home on the front portion
of the lot... When the property sub-divided, utility service to the small house
was disconnected and permission was now requested to have necessary utilities
connected.
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b2rs, Nelle.Witt, 6415 Westchester, stated that it was her hope that the appl,ica-
tion would be denied, because the house was located so close to-he~ reax yard
as to render use almost impossible because of the noise and collection of-trash
and debris collected behind the house.
Motion by Mr. Ayres., .seconded by Mr. Wilkins, that the Public Hearing be closed.
Voting Aye: Ayres Voting No: None
Billings
Casey
Johnson
NTilkins
Following a review. of the application_bearng Docket. No. 75-2,_ filed by Mr.
Lee Roy Thurman, for permission to construct an 8° x 28° carport on his pro-
~ perty at 4126 University Boulevard, the. following action was taken.
Motion by Mr. Johnson, seconded by Mr. Billings, that the. application bearing
Docket No. 75-2 be approved with the fol owing stipulation; .that stipulation.
being that the post supporting the proposed carport be located no more than ,one
(1')_foot of the existing property ,line and that the carport shall be guttered
and downspouted so that the rain water is discharged on the existing driveway.
Voting Aye: ..Ayres Voting No: None
Billings
Casey,
3ohnson
Wilkins
The .application bearing, Docket No. 75-1, filed by Mr. Randy Jones, dba Ham-
- burgers by Goux?7-et, for permission to enclose an existing patio area, was
reviewed.
Motion by Mr. Johnson, that the application bearing Docket No. 75-1 be approved
with the following stipulation; that stipulation being that the facility; upon
expansion, contain an electronic precipitator as part of its initial expansion
program.
Motion died for lack of a second.
Members of the Board.. reviewed the following seven elements that must. be met
prior to granting arequest for a variance:
(1) It must be granted upon appeal.
(2) It is granted. only in specific cases
(3) It must be because of special condi ions
(4) .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, including
thepublic
Motion by Mr. Johnson, seconded by Mr. Billings,. that the application bearing
Docket 75-1 be approved and a variance granted with. the stipulation that
an electronic precipitator is installed and utilized during working hours.
~5
Motion amended by Mr. Billings, accepted by Mr. Johnson, to show that in view
of the fact. that Mr. Jones has testified thafi he intends to install an electronic
precipatator, such installation shall he a part of the initial expansion program.
Voting Ayer Ayres Voting No: None
Billings
Casey_
Johnson
Wilkins
Members of the Board reviewed the application bearing Docket No. 75-4 .filed by
Mr. Roger Poser for permission to enclose an existing concrete foundation at
his home located at 6106 Fordham.
Motion by Mr. Billings, seconded by Mr. Ayres, that application bearing Docket
No. 75-4 be approved and a variance granted in accordance ,with plans for the
facade presented to the Zoning Board of Adjustment.
Billings
Casey
.Johnson
Wilkins
The Board reviewed the application. bearing Docket No. 75-3 filed by Mr. Ralph
Scott for permission to have utilities connected. and use a small house on the
rear of the property at b416 Rutgers as a temporary. residence.
Motion by Mr. Wilkins, seconded by Mr. Billings, that the application bearing
Docket Number 75-3 be rejected for use as a temporary residence, and utility
service cannot be connected.
Motion amended by Mr. Johnson, accepted by Mr. Wilkins, that suitable evidence
showing any unnecessary hardship was not presented before the Board at its
Public Hearing.
Voting Aye: .Ayres Voting No: None
Voting Aye: Ayres Voting No:None
Billings
Casey'
Johnson
Wilkins
With no further business to come before the Zoning Board of Adjustment of this
time, upon motion duly made, seconded and carried, the meeting was adjourned
until called by the Chairman..
Chairm
ATTEST:
Se retary
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