HomeMy WebLinkAbout09181975 ZBA Minutes
REGULAR MEETING OF ZONING BOARD OF ADJUSTMENT
.September 18, 1975
The Zoning Board of Adjustment convened in regular session at the City Hall
on Thursday, September 18, 1975, 7:30 p,m., with the following members present:
Chairman Casey, presiding; members Ayres, Billings and Johnson. Alternate mem-
ber Doughty was designated to sit as a member in the absence of Mr, Wilkins.
Alternate .member Burge was also present.
Mr. Casey announced that the Board .would hold the Public Hearing called for
this date and hour to consider an application bearing Docket Number 75-9
filed by Mr. M. G. Niebur, 6328 Mercer Street.
Mr. Casey requested that the Board Secretary read the Not-ice of Public Hearing.
Motion by Mr. Johnson, seconded by Mr. Billings, that the public hearing was
now open to consider an application filed by Mr. M, G. Niebur for permission
to enclose an existing front porch at his residence ]ocated at 6328 Mercer.
Voting Aye: Ayres Voting No: None
Billings
Doughty
Johnson
Casey
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, August 27, 1975, and notice
was mailed to all. property owners within a 200' radius of the property in ques-
tion on September 3, 1975.
Mr. Casey administered the Oath to Mr, and Mrs. Nieber, Mr, and Mrs. Thomas
Wiley, Mr. Christopher. Kendall, Building Inspector J, D Allstott and Assistant
Building Inspector Wayne Perry.
Mr. Neibur presented the Board a site plan showing the proposed enclosure of an
existing front porch as well as other remodeling he proposes in conjunction with
the porch enclosure. Nir, Neibur also presented photographs of the existing re-
sidence, inside and out, to show his need for additional footage in his home.
.Mrs. Niebur expressed their appreciation for the opportunity to appear before
the Board to request a variance for their proposed remodeling project.
Mr. Tom Wiley, 6338 Mercer, advised the Board that he liked the plan Mr. Niebur
had submitted and that he would be very pleased if each property owner on the
block would remodel their homes.
Mr. Christopher Kendall, 6324 Mercer, stated that he lived next door to Mr. &
Mrs. Neibur and was very much in favor of the project.
Mr. Casey read the following communications that had been received in response
to the Notice to Property Owners:
..
1
d~
L:4
"Can see no objections and thinks the Board should approved the application",
Mrs. John Shudde
6316 Mercer
"Gentlemen:
With reference to the application for a variance which would authorize enclosure
of an existing front porch at .6328 Mercer, I wish to voice my approval of same by
writing this letter.
I wi]1 be unable to attend the Hearing, but I do feel that the Zoning Board of
Adjustment should approve this request since it would improve the appearance
of their home and the neighborhood in general.
I am a property owner and reside at 6321 Mercer."
Mrs, Charles E, (Eloise) Lawler.
Mr. Lee Lockard:
"You have an incorrect notice here. I do not own property at 6328 Mercer and
have never applied for a permit to enclose the porch at .6325 Mercer which is
the address of the property I own,"
Mrs. Mary P, Boyd
i~
1
Dear Mr. Lockard:
"Thank you for sending me the notice.
Yes, I most assuredly do object to extending the house next door to me, 6328
Mercer, farther out than the present zoning ca]ls for.. I don't think it is fair
to the rest of us,
While I'm on the subject, I'd like to voice a few more complaints. Mr, Niebur
had that ugly fence put up that hides one whole side of the fence facing my
house.- He has topped my trees while I'm away and has his water off of his
garage draining in my yard. He .has refused to extend the drain on out to the
street or onto his property. My property is low in the back and during heavy
rains we have to put on boots to go back there. My studio in the .back has flooded
many times and has ruined two rugs. Mr, Niebur has built his yard. up in the back
since he moved there so that the water drains off on the right and into the yard
next door. George Hansen. got his excess .water on that side and finally got ti-red
of fighting him about the water, sold his home and moved.- Mr, Niebur put his
gutter drain on Mr. Hansen's side so that the water ran into the Hansen's yard.
I would like to have the zoning ordinance on the homes to remain as they are."
Mrs. Hazel Elliott.
1618 N. O'Connor
Irving, Texas 75060
16
Building Inspector J. D. Allstott advised the Board that it was necessary for
his Department to deny Mr. Niebur''s request for a building permit inasmuch as
his front porch extended 2''6" into the front setback line, Mr. Allstott stated
that Mr. Niebur's lot was 130.25'- deep and, therefore, required a setback of 30'.
Motion by Mr. Johnson, seconded by Mr. Ayres, that the public hearing be closed.
Voting Aye: Ayres Voting No; None
Billings
Doughty
.Johnson
Casey
Mr. Casey announced that the Board would hold the Public Hearing called for this
date and hour to consider an application bearing Docket Number 75-10 filed by
Mr. Barry Moore for a variance of the setback lines of a proposed bank.
Mr. Casey requested that the Board Secretary read the Notice of Public Hearing.
Motion by Mr. Johnson, seconded by Mr. Billings, that the public hearing was now
open to consider an application filed by Mr. ..Barry Moore.
Voting Aye: Ayres Voting No: None
Billings
Doughty
Johnson
Casey
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
pub lished in the Southwestern Argus on Wednesday, August 27, 1975, and notice
was mailed to all property owners within a 200' radius of the property in ques-
tio n on Se ptember 3, 1975.
Mr. Casey administered the Oath to all those in attendance wishing to speak for
or against the application,
Mr. Barry Moore advised the Board that he would like to defer to Mr. Joe Bracewell,
one of the . principals of the bank to be constructed at Rice and Edloe,
Mr. Bracewell stated that West University was the largest incorporated city
in the State of Texas without a bank within its corporate limits, A group
of six West University residents filed an application to establish a bank
and were granted a charter. The property located at Edloe and Rice Boulevard
was purchased from Ada Resources. Mr, Bracewell stated that the primary ob-
jectives for the construction of the bank included attractive appearance that
would fit into the area; a functional building that would serve as a bank; con-
struction at as low a cost as possible and in keeping with the appearance to
adhere to the spirit and letter of the zoning requirements of the city.
Using the existing bu ilding previously used as a filling station would save ap~-
proximately 15% of the overall construction costs and would become the interior
of the bank with the outside all being new construction,
Mr. Moore presented a sketch of the proposed building together with construction
plans.. Mr. Moore stated that the exterior of the building would be stucco with
aluminum facia and structural steel. The existing bathroom facilities would be
used insofar as plumbing was concerned, but all fixtures would be replaced.
Mr. Allstott advised the Board that both he and the Fire Chief had reviewed
the pans very carefully and that it was the architect who discovered that the
construction according to the plans would extend into the west building setback.
d~
C~
OC
1
Mr. Jim Cornelius, 6430 Buffalo Speedway, stated that he was very much opposed
to the construction of the bank and was especially concerned with the number of
parking spaces that had been planned. Mr. Cornelius further stated that construc-
tion of a bank at this location would create traffic problems for the residents
of the area.
Mr. Casey advised Mr. Cornelius that the Zoning Board of Adjustment had no control
over the use of the land or the number of parking spaces. to be provided..
Mr. Allstott advised the Board that the National Building Code, under which the
city's building was controlled, required-that one parking space be provided for
each 200 square feet of space and that only 12 parking spaces were actually re-
quired for the bank.
Mrs. 0. P. Gill, 3600 .Amherst, stated that she thought plans for the bank construc-
tion were very attractive and that residents of the area were happy that a bank
was to be constructed.
Mr. Bob Able, 3521 Plumb, stated that this Board was considewing only an applica-
tion for a variance, not whether or not a bank could be constructed on the pro-
perty.
Mr. Bracewell stated that denial of the application for a variance would not.
prevent the construction of a'bank, but would merely mean changing-the plans
to comply with the existing setback requirements.
Motion by Mr. Johnson, seconded by Mr, Doughty, that the public hearing be closed.
Voting Aye: Ayres
Billings
Doughty
Johnson
Casey
1
Voting No: None
Mr. Casey announced that .the Board would hold the Public Hearing called for this
date and hour to consider application bearing Docket Number 75-11 filed by
Dr. Monroe Jahns, 6319 Vanderbilt.
Mr. Casey requested that the Board Secretary read the Notice of Public Hearing.
Motion by Mr. Johnson, seconded by Mr, Doughty, that the public hearing was now
open to consider an application filed by Dr. Monroe Jahns for construction of
a carport.
Voting Aye: Ayres
Billings
Doughty
Johnson
Casey
Voting_No None
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, September 3, 1975, and notice
was mailed to all property owners within a 200' radius of the property. in ques-
tion on Septebmer 3, 1975.
Mr. Casey administered the Oath to all those in attendance wishing to speak for
or against the application.
Dr. Jahns advised the Board that it was his hope that the drawing he had furnished
the Board would better illustrate his plans for constructing the carport and also
show the exact distance between the. proposed construction and the residence next
door to his home.
In response to a question regarding any difference between his plans at this
time as contrasted to his previous application for permission to construc t
the carport, Dr, Jahns stated that essentially the plan was the same and he
was sure that absolute hardship would be hard to establish if .you .considered
the magnitude of the hardship with the magnitude of the transgression.
Mr. Andy Horn, 6331 Vanderbilt, stated that he had watched Dr. Jahns during
the various remodeling projects he had. undertaken at his residence and that
he was confident the proposed carport would be attractive and permission should
be granted for its construction.
Mr. Casey presented the following letters that had been received concerning
the application filed by br. Jahns:
Gentlemen:
In reply to your letter of September 3 concerning Appeal No, 75-11, I recom-
mend the Zoning Board of Adjustment grant the request of Dr. Monroe Jahns for
a variance in connection with his proposed construction of a carport. Dr.
Jahns has done a considerable amount of .work in improving his property at
6319 Vanderbilt, which has enhanced the value of other homes in the area.
The work that he does is always of a first class nature, His request deserves
your favorable consideration.
Philip J, Lang
6335 Vanderbilt
I have no objection for said carport to be built, in fact it would add balance
to the house and make the house more attractive.
Mrs. J. L. Riddle
6336 Vanderbilt
We are the owners of the property at 6320 Vanderbilt which is located directly
across the street from Dr. Monroe Jahns home at 6319 Vanderbilt, We have ob-
served and viewed all the additions that have been made on Mr. Jahns home up
to this point and feel that he is certainly not going to make any additions
~.
~.
that will detract from .the appearance after all the time and labor he has put
into it himself personally.
As far as we can see, there should be no objection to allowing this variance.
As a matter of fact when the previous owners had this property, there was an
old garage that. sat just about where Mr. Jahns wants this carport to be placed.
We also feel that a carport or garage adds to the attraction or desirability
of homes. Most people who look fora home are looking for one that has at least
a carport or if it doesn't have one, that is one of the first things they want to
add. This addition in our opinion will uphold this .property value,
r„~ William K, Dean
~ 8331 Lorrie
~ Dear Sir:
04 With reference to your letter of ..September 2ndg above subject, It will be
agreeable to me to let Dr, Monroe Jahans erect a Car Port on his Driveway,
Charles M. Stoner
6321 Vanderbilt
Please give this your favorable consideration,
E, W, Shier
6315 Vanderbilt
Dear Board Members:
I live across the street from Dr. Monroe Jahns. I have no objection to his
request for building a carport. I have seen his plans, and I know he would
build a good-looking and well constructed carport.
As a property owner, I am asking you to grant his request,
Mrsp R. Y, Eckels
6326 Vanderbilt
Dear Mr. Casey:
As a property .owner (6320 Belmont) adjoining Or. Monroe Jahns property at 6319
Vanderbilt, i wish to voice my approval to the Board in order to a17ow Dr. Jahns
to construct a carport on his property,
I realize that this is a variance under our zoning ordinance, but I do not believe
that the granting of a variance in this situation would be detrimental to the
quiet, peaceful single family living in our city.
C, H. Underwood, Jr.
Mr. Allstott advised. the board that he had to deny Dr, Jahns application for a
permit inasmuch as the plans for the construction of the carport would extend
into the side setback lines of the property,
.,t
... ~ ~_~
Motion by Mr. Johnson, seconded by Mr, Ayres, that the public hearing be closed.
Voting Aye: Ayres Voting No: None
Billings
Doughty
Johnson
Casey
The Board recessed for ten minutes.
Motion by Mr. Billings, seconded by Mr. Johnson, that the meeting be called to
order.
Voting Aye: Ayres
Billings
Doughty
Johnson
Casey
Voting No: None
Chairman Casey read the following letter received by the Board:
Gentlemen:
I respectfully request a ninety day extension on the zoning. variance you granted
to our company for the expansion of the Hamburgers by Gourmet restaurant at 5712
Kirby Drive. This extension is needed because the construction ~- remodel of our
newest Hamburgers by Gourmet at 4775 Westheimer was delayed for over two months
because of the backlog in -the City of Houston Commercial Plans Department. The
new Environmental Protection Agency requirements are the reason for this. backlog.
In short, we are a small company unable to have. dual construction responsbili-
ties-requirements at one time. Our Wertheimer location, for which we have been
committed for some time, will be completed by that time and we will look forward
hopefully, to your approval to extend the variance you granted.
Randall P. Jones
President
Motion by Mr, Johnson, seconded by Mr, Ayres, that the request of Mr. Randall P,
Jones, President, Hamburgers by Gourmet, for a ninety day extension on his
zoning variance be granted.
Motion by Mr. Johnson, seconded by Mr. Billings, that the motion be amended so
that it will provide that no notice is required by statute, ordinance or re-
gulation.
Voting on amendment to motion:
Voting Aye: Ayres
Doughty
Johnson.
Casey
Voting on motion:
Voting Aye: Ayres
Billings
Doughty
Johnson
Casey
Voting No: Billings
Voting No: None
11
1
_.
Minutes of the regular meeting of the Zoning Board of Adjustment on August 21,
1975, were presented to-the Board for consideration...
Motion by Mr. Billings, seconded by Mr. Johnson, that minutes of the regular
meeting of the Zoning Board of Adjustment on August 18, 1975, be approved as
submitted.
Voting Aye: Ayres Voting No: None
Doughty
Billings
Johnson
Casey
The Board reviewed the application bearing Docket Number 75-9, filed by Mr.
~ M. G. Niebur for permission to enclose an existing front porch.
?7
~ Motion by Mr. Billings, seconded by Mr. Johnson, that the application bearing
~ Docket Number 75-9, filed by Mr. M. G. Niebur fvr permission to enclose an
~ existing front porch be approved.
Voting Aye: Ayres Voting No: None
Doughty
Billings
Johnson
Casey
The Board reviewed the application bearing Docket Number 75-9, filed by Mr.
Barry Moore for. permission to construct a bank building five (5') feet into
the west. setback line of the property located at Edloe and Rice Boulevard.
The following seven (7) requirements required for granting a variance by the
Zoning Board of Adjustment were reviewed.
1) It must be granted upon appeal
2) It is granted only in specific cases
3) It must be because of special conditions
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 a17 parties involved, including
the public,
Motion by Mr. Doughty, seconded by Mr. Johnson, that the application bearing
Docket Number 75-9 filed by Mr. Barry Moore for permission to construct a bank
building five (5') feet into the west setback line of the property located: on
Edloe and Rice Boulevard, be granted.
Voting Aye: Ayres Voting No: None
Billings
Doughty
Johnson
Chairman Casey abstained .from voting..
The Board reviewed the application bearing Docket Number 75-9, filed by Dr.
Monroe Jahns for permission to construct a carport on his property located at
6319 Vanderbilt.
The following seven (7) requirements required for granting a variance by the
Zoning Board of Adjustment were reviewed,
1) It must be granted upon appeal
2) It is granted only in specific cases
3) It must be because of special conditions
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
the public
Motion by Mr. Johnson, seconded by Mrs Doughty , that the application bearing
Docket Number 75-9, filed by Dr. Monroe Jahns be approved, based upon the
meeting of each of the seven (7) points required for the granting of a variance,
as per previous discussion, and subject to the filing of an affidavit that the
carport not be enclosed.
Motion amended by Mr. Johnson, seconded by Mr. Billings, to provide that no
portion of the structure, including the overhang shall come closer to the pro-
perty line than twelve (12") inches.
Voting on amendment;
Voting Aye: Billings Voting No: Ayres
Doughty
Johnson
Casey
Voting on motion:
Voting Aye: Doughty Voting No: Ayres
Johnson Billings
Casey
The motion failed to carry inasmuch as a concurring vote of four members shall
favor an application in order for it to be granted.
With no further business to come before the Board at this time, upon motion duly
made, seconded and carried, the meeting adjourned at 10:35 p.m.
Chairman
ATTEST:
~L~~
JCl-ROTARY