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HomeMy WebLinkAbout04221976 ZBA Minutes19 ~, RECESSED MEETING OF ZONING BOARD OF ADJUSTMENT APRIL 22, 1976 The Zoning Board of Adjustment convened in recessed session at the City Hall on Thursday, April 22, 1976, 7:30 p.m., with. the following-members present: Chair- man Casey, presiding; members Ayres, Billings, Johnson and Wilkins. Both alter- nate members Doughty and Burge were absent. Building Inspector J. D. Allstott was also present. Mr. Casey requested that the Board secretary read the Notice of Public Hearing. Motion by Mr. Johnson, seconded by Mr. Wilkins, that the Public Hearing was now open to consider application Docketed 76-2, filed by Mr. Richard Horridge, 3817 Byron, for. permission to leave a previously constructed deck at the house he is remodeling at 4002 Tennyson. Voting Aye: Ayres Voting No: None Billings Casey Johnson Wilkins Chairman Casey ascertained from the secretary that notice of the public hearing was published in the Southwestern Argus on Wednesday, March 24, 1976, and that notice was mailed to all property owners within a 200'' radius of the property in question on March 22, 1976. In accordance with the provisions of Article 6252-17 V.T.C.S. notice was posted on the City Hall bulletin board on April 11, 1976, advising the public of a meeting on Thursday, April 15, 1976. Inasmuch as a quorum was not present at the April 15, 1976, meeting such meeting was recessed and notice again posted on the City Hall bulletim~-board advising the public that the meeting would be. held on Thursday, April 22, 1976, thereby ful- filling all legal requirements for holding the Public Hearing. Chairman .Casey introduced himself and identified his residence in the city, fol- lowed by each member of the Board. Mr. Casey administered. the Oath to Mr. Richard Horridge and Building Inspector J. D. Allstott after advising that the procedure. of the Zoning Board of Rdjust- ment provided for hearing the applicant and. anyone supporting his position to present their evidence; questions to the applicant and his supporters; presenta- tion of any evidence by opponents, including the Building Inspector; and ques- tions to the opponent. Mr. Horridge advised the Board that he was a resident of the city, }iving at 3817 Byron, and that he was a contractor buying older homes and remodeling them in addition to constructing new homes. Mr. Horridge stated. that construction of the deck. into the five foot side setback required on corner lots by the Zoning Ordinance resulted in a misunderstanding between his workers and the Inspection Department, however, it was: his opinion that non-livable space was permitted to the property line and that the deck had been constructed for its aesthetic qualities inasmuch as the building facing the deck was constructed entirely of glass. Mr. Horridge further stated that inasmuch as the deck was adjacent to a fence along Weslayan Street it did not infringe upon privacy of any adjoining .property owners. Questions by Board members developed that the deck was constructed two (2') feet off ground level and had a pier and beam foundation. Mr. Allstott, Building Inspector, advised the Board that construction of the deck all the way to the fence was in violation of the Zoning Ordinance require- ment that no building or structure could be located within five (5') feet from any street lot line, and he, therefore, had advised Mr. Horridge that five (5`) feet would have to be removed from the deck structure. Motion by Mr. Johnson, seconded by Mr. Ayres, that the Public Hearing be closed. Voting Aye: Ayres Voting No: None ,.~ Billings ~ Casey ~ Johnson Wilkins GO Mr. Casey requested that the Board secretary read the Notice of Public. Hearing. Motion by Mr. Ayres, seconded by Mr. Wilkins, that the Public Hearing was now open to consider application Docketed 76-3, filed by Mr. Glen Bradford, 2708 Tangley, for permission to add 24" of new construction past the existing build- ing line along one-third of the front facade of his home. Voting Ayer Ayres Voting No: None Billings Casey Johnson Wilkins Mr. Casey ascertained from the secretary that notice of the public hearing was published in the Southwestern Argus on Wednesday, March 24, 1976, and that notice was mailed to a71 property owners within a 200' radius of the property in question on March 24, 1976. In accordance with the provisions of Article 6252-17 V,T.C.S. notice was posted on the City Hall bulletin board on April 11, 1976, advising the public of a meeting. on Thursday, April 15, 1976. .Inasmuch as a quorum was not present at the April 15, 1976 meeting such meeting was recessed and notice again posted on the City Hall bulletin board advising the public that. the meeting would be held on Thursday, April 22, 1976, thereby fulfilling all legal requirements for holding the Public Hearing. Mr. Casey introduced himself and identified his residence in the city, followed by each member of the Board. Mr. Casey administered the Oath to Mr. Bradford and Building Inspector. J. D. Allstott after advising that the procedure of the Zoning Board of Adjustment pro- vided for hearing the applicant and anyone supporting his position to present their evidence; questions to the applicant and his supporters; presentation of any evidence by opponents, including the Building Inspector; and question to the opponent. Mr. Bradford advised the Board that he desired the additional two feet into the front setback to provide for the construction of an adequate staircase to the attic space which would be remodeled into a master bedroom and bath as it was I~9~ his belief that a circular stairway was not adequate or safe in a home with small children; that the addition would help solve a technical problem created by a leaking roof; and provide space for a television room, Mr. Casey read the following letters which had been received regarding the appli- cation: "Sirs: I will be unable to attend the April 15th hearing re the building request of Mr. Bradford at 2708 Tangley, so I submit this note as an expression of my opinion and as my vote in favor of Mr. Bradford's request. I Live across the street at 5801 Annapolis in full daily view of 2708 Tangley. I have discussed the proposal with a neighbor with whom I agree that the .proposed should be granted. Eliminating the 24" set-back will improve the roof-line and up-date the appearance of the house, en- hancing our neighborhood. Mrs. Marjorie McDowell 5801 Annapolis" "Gentlemen: As an interested property owner residing at 2627 Tangley Road, I have no objection to the Board's granting .the variance applied for by Mr. Glen Bradford affecting -the property situated in the IV District and located at 2708 Tangley. Grace Ri cci ardi" Building Inspector J. D. Allstott advised the Board that it was necessary for his office to deny an application for a permit inasmuch as the proposed construction would extend two feet into the required front building line. Motion by Mr. Johnson, seconded by Mr. Ayres, that the Public Hearing be closed. Voting Aye: Ayres Voting No: None Billings Casey Johnson. Wilkins Mr. Casey requested .that the Board secretary read the Notice of Public Hearing. Motion by Mr. Wilkins, seconded by Mr. Johnson, that the Public Hearing was now open to consider an application .Docketed 76-4, filed by Mr. Richard Nuffer for permission to construct a porch to the front of the house, such porch to be un- roofed, 27 feet wide by 8 feet deep, elevated 1 foot above grade level. Voting Aye: Ayres Voting No: None Billings Casey Johnson Wilkins Mr. Casey ascertained from the secretary. that notice 'of the public hearing was published in the Southwestern Argus on Wednesday, March 24, 1976, and that notice was mailed to all property owners within a 200' radius of the property in question on March 24,.1976. In accordance. with the provisions of Article 7252-17 V.T.C.S. notice was posted on the City Hall bulletin board on April 11, 1976, advising the public of a meeting on Thursday, April 15, 1976. Inasmuch as a quorum was not present at the April 15, 1976 meeting such meeting was recessed and notice again posted on the City Hall bulletin board advising the public that the meeting would be held on Thursday, April 22, 1976, hereby fulfilling all legal- requirements for holding the Public Hearing. Mr. Casey introduced himself and identified his residence in the city, followed ,.~ by each member of the Board. ~ Mr. Casey administered the Oath to Mr. Nuffer and Building Inspector J. D. ?r ~ Allstott after advising that the procedure of the Zoning Board of Adjustment pro- ~q vided for hearing the applicant and anyone supporting his position to present GO their evidence; question to the applicant and his supporters; presentation of any evidence by opponents, including the Building Inspector; and questions to the ,opponent. Mr. Nuffer reviewed the following sequence of events in his effort to obtain a building permit for construction of the desired porch: He applied for a permit on March 5th for construction of a porch to be an ex- tension of his remodeling.. Mr. Nuffer stated that he purchased the house in July, 1975 for $38,000 and had spent approximately $8, 000 remodeling,. The pro- posed porch construction is to bean unroofed entrance way which is considered by Mr. Nuffer to be a porch. However, the permit was denied on the grounds that since it was unroofed it would be classed as a deck rather than a porch and construction of decks in front of residences had been frozen by action of the City Commission pending receipt of definitions of "porches" and "decks" by the Zoning and Plan- ning Commission. Mr. Nuffer presented as Exhibit A a photograph shotoparallel to the front of his house. Exhibit B was a photograph shot at a 30 angle to the front building line of the house showing an existing, unroofed porch. The proposed new .porch is planned to extend beyond the shutters on the front of the house and eight (8') feet into the front yard. Exhibit A-7 presented by Mr. Nuffer was a sketch he had prepared showing the type of porch and the way in which he proposed to construct the porch. Exhibit A-2 was a sketch of .dimensions of the house, porch and lot. Mr. Nuffer advised the Board that the house had been vacant for two years prior to his acquisition and that he had already torn out the existing front walk and planned to replace such walk with a brick semi-circular walk after construction of the porch. Mr. Nuffer directed attention of the Board to a definition of "deck" as contained in Webster's dictionary, "a flat floored roof]ess area. adjoining a house or built as a structural part of it and being open on one or more sides" and the definition of "porch" as "a covered entrance to a building with a separate roof and often large enough it can be used as an outdoor seating or walking space; a place for waiting before entering". Additionally, Mr. Nuffer presented the Board cases of the City of Houston v. Sam Freedman dated June 28, 1956 and City of West University Place v Martin dated February 3, 1938. '® Mr. Nuffer stated that he had no objections to waiting until a recommendation had been made and action taken by the City Commission to differentiate .between a "deck" and a "porch", but that he would like to begin construction of the porch as soon as possible, and it was his belief that it might be sometime before action is .taken by the City Commission on the recommendation of the Zoning. and Planning Commission in this regard.. Mr. Nuffer stated that he was presently using boards to cover the area from which the original walk had been removed and with small children the mud in the area was problem to his family. Mr. Nuffer presented the following letter in behalf of his application: "We the undersigned have been the sketch of Richard T, & Patricia S. Nuffer's proposed porch addition and have discussed it with them. We have no objections to the proposed porch." Mr. & Mrs. M. M, White, 3702 Cason Mr. & Mrs. 0. S. Lundelius, 2706 Cason Mr. Allstott advised the Board that Mr. Nuffer's request for a building permit had been denied on the basis of action taken by the City Commission to freeze construction of any type open porch or deck in front of residences until a recom- mendation has been received. from the Zoning and Planning Commission and action taken by the City Commission. Motion by Mr. Johnson, seconded by Mr. Ayres, that the public hearing be closed. Voting Aye; Ayres Voting No: None Billings Casey Johnson Wilkins Chairman Casey declared a ten-minute recess. Motion by Mr. Wilkins, seconded by Mr. Johnson, that the Zoning Board of Adjust- ment reconvene. Voting Aye; Ayres Voting No: None Billings Casey Johnson Wilkins Minutes of the regular meeting of the Zoning Board of Adjustment on February 26, 1976, were presented for .consideration. Motion by Mr. Wilkins, seconded by Mr. Johnson, that minutes of the regular meet- ing of the Zoning Board of Adjustment on February 26, 1976,. be approved as sub- mitted. Voting Aye: Ayres Voting No: None Billings Casey Johnson Wilkins 201' Minutes of the regular meeting of the Zoning Board of Adjustment on April 15, 1976, were presented for consideration. Motion by Mr. Johnson, seconded by Mr. Wilkins, that minutes of the regular meeting of the Zoning Board of Adjustment on April 15, 1976, be approved as submitted. Voting Aye: Ayres Voting No: None Billings Casey Johnson Wilkins '~ hlotion.by Mr. Wilkins that the request far a variance filed by Mr. Richard Hor- ridge, 4002 Tennyson, not be allowed.. "'a Motion died for lack of a second. Members.. of the Board reviewed the photographs and sketch furnished by Mr. Richard Horridge in support of his application for permission to leave a redwood deck which had been constructed to the property line at 4002 Tennyson in conjunction with an overall remodeling of the property, discussing such items as the present condition of the fence surrounding the deck; the fact that Mr. Horridge was not planning the remodeling of the property as a homesite but as a commercial venture to be placed on the market for sale; and the lack of any undue hardship being submitted to substantiate the request; and possible enclosure of the deck by a future owner. Motion'by Mr. Billings, seconded by Mr. Ayres, that inasmuch as Mr. Horridge had not established an undue hardship that the Application Docketed 76-2 filed by Mr. Richard Horridge, 4002 Tennyson, be denied. ', Voting Aye: Ayres Voting No: Casey Billings Wilkins Members of the Board reviewed the application filed by Mr. Glen Bradford, 2708 Tangley, for the addition of two feet of new construction past the existing building setback line along one-third of the front facade of his residence. Motion', by Mr. Ayres, seconded by Mr. Johnson, that Application Docketed 76-3 filed by Mr. Glen Bradford to add two feet of new construction to his residence located at 2708 Tangley be approved as requested. Voting Aye: Ayres Voting No: None Billings Casey Johnson Wilkins In its review of the Application. Docketed 76-4, filed by Mr. Richard T. Nuffer for permission to construct an open "porch" or ''deck° at his residence located at 2701 Cason, the Board .reviewed the following: Photographs submitted by Mr. Nuffer'; sketch of the proposed construction ; definitions of "porch" and "deck" ~' as contained in Webster's dictionary? authority of the Zoning .Board of Adjust- ment to render a decision in this case; necessity of the Boards making a find- ing of fact prior to action on the application; action by the City Commission freezing such construction pending receipt of a recommendation from the Zoning and Planning Commission and subsequent action of the City Commission. Motion by Mr. Billings, seconded by Mr. Johnson, that the Zoning Board of Adjust- ment adopt as its finding that the history of the interpretation of "porch" by the City of West University Place is a covered entrance to a house with a roof and the realm of responsibility of such Board includes hearing of appeals from a decision of the Building Inspector. Voting Aye: Ayres Voting No: None Billings Casey Johnson Wilkins Motion by Mr. Johnson, seconded by Mr. Wilkins, that Application Docketed 76-5 filed by Mr. Richard T. Nuffer for consideration of a ''deck" or "porch" be ap- proved as requested. ATTEST: Voting Aye: Johnson Wilkins Voting No: Ayres Billings Casey With no further business to come before the Board at this time, upon motion duly made, seconded and carried, the meeting adjourned at 11:15 p.m. ~. Chairm 1 it