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HomeMy WebLinkAbout05201976 ZBA Minutes REGULAR MEETING OF ZONING BOARD OF ADJUSTMENT May 20, 1976 The Zoning Board of Adjustment convened in regular session at the City Hall on Thursday, May 20, 1976, 7:30 p.m., with the following. members present: Chair- man Casey, presiding; members Ayres, Billings and Wilkins. .Alternate member Doughty had been designated to sit as a member in the absence of Mr. Johnson. Mr. Casey requested that the Board. secretary read the Notice of Public Hearing. „~ Motion by Mr.,Wilkins, seconded by Mr. Ayres, that the Public Hearing was now ~ open to consider application Docketed 76-5, filed by Mr: Ted G. Pate, 4222 Tennyson, for permission to construct a carport on the property line. Voting Aye: Ayres. Voting No: None t~0 Billings Casey, ', Doughty Wilkins Chairman'Casey ascertained from the secretary that Notice of Public Hearing had been published in the Southwestern Argus on Wednesday, April 28, 1976, and that notice was mailed to all property owners within 200' radius of the property in question'on April 30, 1976. In accordance with the provisions of Article 6252-17 V.T.C.S.',notice was posted on the City Hall bulletin board on May 17, 1976, advis- ing the public of a meeting on Thursday, May 20, 1976, thereby fulfilling 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 P1r. Pate and Assistant Building Inspector Wayne Perry after advising that the procedure of the Zoning Board of Adjustment provided for hearing the applicant and anyone supporting his position to present their evi- dence; questions to the. applicant and his supporters; presentation of any evidence by opponents, including the Inspection Department; and questions to the opponent. Mr. Pate', advised the Board that it was his desire to`construct a carport over his existing driveway which is located approximately one (1') foot from the property line inasmuch as a portion of his 12-car garage is used for storage of tools and toys and there is a large oak tree on the adjoining lot which is harmful to any automobile left parked under it. In respomse to a question .regarding building the carport in front of his existing garage Mr. Pate stated that such construction would eliminate much of the sunlight in his back yard and was not desirable in his opinion. After being administered the Oath. by Mr. Casey, Mr. Eddie Cossman, 4223 Tennyson, stated that he had no objection to the proposed carport construction conditioned upon the addition of gutters and a downspot to assure drainage of water onto Per. Pate's property. Iz~4 Mr. Casey read the following correspondence received regarding the application: "The carport that Dr. Ted Pate wants to have put up is perfectly agreeable with me. Dr. Ted Pate lives next door to my home. His address is 4222 Tennyson." Mrs. Thelma Putnam Jackson Mr. Casey noted that Mrs. Harold Moffatt had called to state that she had no objec- tions to the proposed construction. Asst. Building Inspector Wayne Perry advised the. Board that a permit for construc- tion of the carport had been denied by the Inspection Department inasmuch as the proposed construction with within the required three (3') foot side setback as required under the provisions of the Zoning Ordinance, Motion by Mr. Doughty, seconded by Mr. Ayres, that the Public Hearing be closed. Voting Aye: Ayres Voting No: None Billings Casey Doughty "Wilkins Mr. Casey requested that the Board secretary read the Notice of Public Hearing. Motion by Mr. Wilkins, seconded by Mr. Ayres, that the Public Hearing was now open to consider the application Docketed 76-6, filed by Mr. Joel Hebert, 5815 Charlotte, for permission to locate a load carrying post of approximately four (4") inches diameter, at a point approximately two (2") feet, six (6") inches from the north property line. Voting Aye: Ayres Voting No: None Billings Casey Doughty Wilkins Chairman Casey ascertained from the secretary that Notice of Public Hearing had been published in the Southwestern Argus on Wednesday, April 28, 1976, and that notice was mailed to all property owners within 200' radius of the property in question on April 30, 1976. In accordance with the provisions of Article 6252-17 V.T.C.S. notice was posted on the City Ha17 bulletin board on May 17, 1976, advis- ing the public of a meeting on Thursday, May 20, 1976, thereby fulfilling .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. Alternate Member Frank Burge arrived at the meeting at this time. Mr. Casey administered the Oath to Mr. Hebert and Mr. Perry after advising that the procedure of the Zoning Board of Adjustment provided for hearing the appli- cant and anyone supporting his position to present their evidence;.questions to the applicant and his supporters; presentation of any evidence by opponents, in- cluding the Inspection Department; and questions to the opponent. Mr. Hebert advised the Board that plans for remodeling of his residence included location of a support post outside the three (3') foot side setback line was included in the overall design as a safety precaution inasmuch as the post was to support the upstairs portion of his home and if hit by an automobile-would result in .expensive repairs. Mr. Danny Sawyer, Incahoots, Inc., architects for the proposed remodeling project; advised the Board that it would be possible to cantelever the construction but was not desirable inasmuch as the adjoining area was of glass. Mr. Sawyer stated that any alternative to the location of the support post would be much more expensive and it was the desire of Mr. Hebert to do the construction at as reasonable a price as was possible. '~ Mr. Perry advised the Board that a permit for the construction was denied by the ~ Ins ection De artment inasmuch as the ost was to be located within the re uired ~ p p P q -~ three (3') foot side setback line. ~0 Mr. John Armstrong, 5801 Charlotte, stated that it was his belief that the con- struction could be cantelevered and would make a much better appearance and also. eliminate the possibility of being hit by an automobile. Mrs. G.M. Ballard advised the Board that she .had brought her son-in-law, Roy Winters, who is an architect, to speak for her. Mr. Winters stated that he was. not too familiar with the proposed construction, but it was his opinion that the use of a cantelever would eliminate the necessity for locating the support post within the side setbacks and would make a more at- tractive project upon completion. Mrs. Lucie Mae Barnette, 5821 Charlotte, stated that she did not want to see the Zoning Ordinance broken and agreed with the decision of the Building Inspector to reject the application for a permit. Mr. Gary Tucker,. 5811 Charlotte, referred to his letter dated May 14, 1976, ad- dressed to the Board setting forth his objections to granting the variance re- quested by Mr. Hebert. Mr. Casey read the following correspondence that had been received concerning the application filed by Mr. Hebert: "Dear Sir: Thank you, first of all, for your letter and notice of 24 April, 1976. I consider it a privilege to be given an opportunity to express my views on the proposed vari- ance requested by our neighbors, Mr. and Mrs. Joel Hebert. To set the record straight, my wife and I are basically against the proposed variance, but such de- viations from the building code must be .considered to see if they are really necessary and to see if they would create a potential safety hazard. By profession. I am a mortgage banker, and consequently, I have the good fortune to be able to ask builders their .opinion on such matters. I am to understand such a load bearing post could also be built into the main addition of the home and achieve the same results. Possibly this is not desirable from the Hebert's point I~os of view for aesthetic, cost, or design reasons. None of these reasons, I believe, justify such a variance. I believe the proposed load bearing post can be designed without breaking the restrictions. Secondly, I am to understand this post will be located near the driveway. Is this a safe place for such an important structural beam? What if someone inadvertently drove into the load bearing post? This would indeed cause a problem to the occupants of the car as well as the structure itself. Zoning ordinance section 24(2) was. created in the first place for a good reason. I have furnished two personal reasons why I believe such a variance should not be granted. I believe both problems could be solved by placing the load-carrying post elsewhere. Sincerely, Gary and Kathy Tucker We do thoroughly appreciate the fact that the Hebert's are upgrading our neighbor- hood with their proposed home improvement." TELEGRAM: We are against amending or changing the 3 foot building distance law for any reason. Dr. and Mrs. W. 0. Milligan I am much .opposed to any variance of, or breaking of the Zoning Ordinance in this area and go on record herewith by this signature. Mrs. Wesley A. Kuenemann I am against the installation of a load carrying post be placed (2') feet six (6") on the north property line located, 5815 Charlotte Street. This is against the Zoning Ordinance. Section 24(2) states that no building or structure of any kind shall be constructed or erected within (3') feet of the side property line. As a property owner I have stayed within this Zoning Ordinance and I do respect and appreciate the Building Inspector for denying this permit. Please keep this zoning ordinance in force. I am against Mr. Joel Hebert violating this zoning ordinance. Mrs. Grace M. Ballard 5813 Charlotte Street Many thanks for your notice of requested variance from the city Zoning Ordinance. As the Building Inspector has denied the permit, I am in full agreement with his recommendations--laws are made to be kept, not bent or broken. blest University's zoning ordinance has made the city the number one city in Texas. Robert E. Beaven 5812 Charlotte I agree with the Building Inspector. I object to changing of Zoning Ordinance. S.E. Humphreys, Jr. 5820 Charlotte 1 1 1 2`a 7 Our Zoning Ordinances, Section 24(2) protecting the property owners certainly should not be broken as requested by Mr. Joel Hebert. Mrs. S. W. Blewster 5816 Charlotte I am opposed to any change in the existing zoning laws now in force in West University Place. Mrs. E. P. Schwerdtfeger 5909 Charlotte Street "~ I am very much opposed to application. d-+ Mrs. Ruth A. Murphy ~q 5910 Charlotte I would prefer no change in zoning laws. Lillian M. Callahan 5905 Charlotte This is to advise I have no objections to this slight variance. Eugene S. Jones I have no obj ction t the 5812 Annapolis t the decision of the Board aria c I will acce e o . p v n e. J. Clark Wheefield 5808 Charlotte I have no objections to the variance on this property. John R. Loberg 5818 Annapolis This is to advise I have no objections to this slight variance. Rita Kay Beneke 5908 Charlotte This is to advise that I concur with our Building .Inspector's denial of a permit to Joel Hebert for installation of a load carrying post approximately 4 inches in diameter to be located approximately 2 feet 6 inches-from the .north property line at 5815 Charlotte. Please do not issue the requested permit to Joel Hebert, which would be in viola- tion of Section 24{2) of the Zoning Ordinance for West University Place. It is imperative that the Zoning Ordinance be complied with; otherwise our city will begin to deteriorate. There are only 6 feet between my house (to the south of 5815 Charlotte) and the residence of Joel Hebert, and I would certainly object zoo to his building on any part of that 6 feet, but if he is permitted on variance he might attempt another. Thank you for your consideration. Lucie Mae Barnette 5821 Charlotte We the property owners are against. Mr. Joel Hebert located at 5815 Charlotte Street for the installation or erection of a load carrying post being placed (2') feet six (6"O on the. north property line .5815 Charlotte Street. This is against. the zoning ordinance Section 24(2). This states that no building or structure of any kind shall be constructed or erected within 3' at side of property line. We as property owners are against Mr. Joel Hebert tt~ying to violate this zoning ordinance. NAME STREET N0. TELEPHONE Mrs. Grace M. Ballard 5813 Charlotte 665-6080 Lucie Mae Barnette 582] Charlotte 668-4008 Mrs. Minne Blewster 5816 Charlotte 668-3014 Mr. S.E.. Humphreys, Jr. 5820 Charlotte 668-7968 Mrs. S.E. Humphreys, Jr. 5820 Charlotte 6fi8-7968 Vivian Flynn 5902 Charlotte 664-3318 Mrs. Kirksey Young 6001 Charlotte 668-8756 Mrs. E.P. Schwerdtfiger 5909 Charlotte 668-2603 P1rs. Wesley A. Kuenemann 2711 Tangley 668-6649.- Robert E. Beaven 5812 Charlotte 667-7298 Mrs. Gladys E. Little 2724 Tangley 664-9190 Mr. & Mrs. John H. Armstrong 5801 Charlotte 661.-5700 Lillian M. Callahan 5905 Charlotte 665-2616 Mr. & Mrs. J. A. Measom 3129 Robinhood 666-3366 Mr. & Mrs. Gary B. Tucker 5811 Charlotte 667-4188 Mrs. Donald H. Bond 2728 Tangley 668-6860 Mrs. Ruth A. Murphy 5910 Charlotte 668-3479 Motion by Mr. Ayres, seconded by Mr. Doughty, that the Public Hearing be closed. Voting Aye: Ayres Voting No: None Billings Casey Doughty Wilkins Mr. Casey pointed out to all those in attendance that he appreciated their hav- ing taken time to attend the meeting and that members of the Board would reach a decision that would be best for all of the city. Mr. Casey requested that the Board Secretary read the Notice of Public Hearing. Motion by Mr. Wilkins, seconded by Mr. Ayres, that the Public Hearing was not open to consider the application Docketed 76-7, filed_by Mr. Jesse J. Jones, 3920 Tennyson, for permission to enclose an existing porch gabled to the front . of his house to allow entrance from the east side and enlarge an existing living area. -:., Voting Aye: Ayres Voting No: None Billings Casey. Doughty Wilkins Mr. Casey ascertained from the secretary that Notice of Public Hearing had been published in the Southwestern Argus on Wednesday, May 5, 1976, and that notice was mailed to all property owners within 200' radius of the property in question on May 3, 1976, In accordance with the provisions. of Article 6252-17, V.T.C.S. notice was posted on the City Hall bulletin board on May 17, 1976, advising the public of a meeting on Thursday, May 20, 1976, thereby fulfilling legal require- ments 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. Jones and Mr. Perry after advising. that the procedure of the Zoning Board of Adjustment provided for hearing the appli- cant and anyone supporting his position to present their evidence; .questions to the applicant and his supporters; presentation of any evidence by opponents, in- cluding the Inspection Department; and questions to the opponent. Mr. Jones advised the Board that enclosure of the porch was considered as a part of his over-all remodeling plans, but that he was advised that such enclosure would not be permitted inasmuch as the porch extended into the front building set-back. Mr. Jones further stated that it was his belief that changing the entrance into his home to the east side of the porch would enhance the beauty of the house as .well as provide added area to the living area of the house. Plans include leaving a porch swing in the area end providing space for plants. Mr. John Martin advised the Board that he owned the house located at 3913 Tennyson-and had no objections to plans for enclosure of the existing front porch, adding that completed portions of the remodeling had added much to the house and neighborhood. Mr. Perry stated that a building permit had been denied Mr. Jones for enclosing the porch because of the extension and infringement of the porch into the front bud ding setback as required by the Zoning Ordinance, Motion by Mr. Billings, seconded by Mr. Wilkins, that the Public Hearing be closed. Voting Aye: Ayres' Voting No: None Billings Casey Doughty ~~li 1 ki ns The application filed by Mr. Ted Pate, 4222 Tennyson, for permission to construct a carport extending to the property line was reviewed by the Board. Motion by Mr. Ayres, seconded by Mr. Wilkins, that the application Docketed 76-5 filed by Mr. Ted Pate, 4222 Tennyson, for permission to construct a carport ex- tending to the property line be denied inasmuch as no hardship was established by Mr, Pate. I~io ~t ~ Voting Aye: Ayres Billings Casey Doughty Wilkins Voting No; None The application fil:dd by Dr. Joel .Hebert, 58.15 Charlotte Street, for permission to install a load carrying post of approximately 4" diameter approximately 2'6" from the north property line was reviewed. Motion by P1r. Billings, seconded by Mr. Ayres, that the application Docketed 76-7 filed by Dr. Joel Hebert, 5815 Charlotte Street, for installation of a load bearing post in the side setback be denied inasmuch as Dr. Hebert failed to show any hardship and the availability of many alternatives to the proposed construction. Voting Aye: Ayres Voting No: None Billings Casey Doughty Wilkins Mr. Jesse J. Jones' application, Docketed 76-8, requesting permission to enclose an .existing front porch as an addition to the living area of the residence, was reviewed by the Board. Motion by Mr. Billings, seconded by Mr. Ayres, that the application filed by Mr. Jesse J. Jones bearing Docket No. 76-8 be approved subject to the following: 1) That no future structure be added to the existing front building line which is 27` from the south property line. 2) That the enclosure granted by this application shall not be increased in size. 3) That no porch, stoop or deck be added in front of the enclosure granted by this application. 4) That the applicant be required to file an affidavit agreeing to the above conditions. Voting Aye: Ayres Voting No: None Billings Casey Doughty Wilkins Minutes of the recessed meeting of the Zoning Board of Adjustment on April 22, 1976, were presented for consideration and the following action taken: Motion by Mr. Billings, seconded by Mr. Ayres, that minutes of the recessed meeting of April 22, 1976, be corrected to show that prior to the testimony in the hearing held on the application filed by Mr. Richard Nuffer, 2701 Cason, Mr. Billings suggested that the application was in fact an application requesting that the Board interpret the city ordinance under its power of interpretation and Mr. i 1 ~, ~~ ~-_ 1 rJ d"+ 1 1 ., k', Nuffer agreed. With this. correction the minutes be approved as submitted. Voting Aye: Ayres Voting No: None Billings. Casey Doughty Wilkins Mr. Casey advised members of the Board that he had been requested to appear before the City Commission on Monday, May 24, 1976, to review activities of the Board and invited any members wishing to do so to attend such meeting. With no further business to come before the Board at this time, upon motion duly made, seconded and carried the meeting adjourned at 70:00 p.m: ~_ _ Chairman ATTEST: 2~t1