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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