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HomeMy WebLinkAbout09161976 ZBA Minutes21 REGULAR,MEETING OF ZONING BOARD OF ADJUSTMENT ~ September 16,.1976 The Zoning Board of Adjustment convened in .regular session at the City Hall on Thursday, September T6, 1976, 7:30 p,m., with the following members present: Chairman Casey, presiding? members Ayres, Billings and .Wilkins, Alternate mem- ber Doughty .was also present and had been designated to sit as a member in the absence of Mr. Johnson. Alternate member Burge was absent. Mr. Casey requested that the Board secretary read the Notice of .Public Hearing. Motion by Mr. Ayres, seconded by Mr, Doughty, that the Public Hearing was now open to consider application Docketed 76-9, filed by Mr, Guy F. McCanlies, 3416 Amherst, for permission to enclose an existing front porch with glass and con- struction of a deck out from the porch. Voting Aye: Ayres Billings. Casey Doughty Wilkins Voting No: None II Chairman Casey ascertained from the secretary that Notice of Public Hearing had been published in-the Southwestern Argus on Wednesday, August 25, 1976, and that notice was mailed to all property owners within a 200' radius of the property in question on August 30, 1976. In accordance with the provisions of Articel 6252- 17 V.A,T,C,S, notice was posted on the City Hall bulletin board on September 13, 1976, Chairman Casey advised those in attendance that the Board would deviate from its normal procedure inasmuch as Mr, McCanlies was not in attendance at the meeting. Mr. Casey administered the Oath to Building Inspector J. D. Allstott and Assis- tant Building Inspector Wayne Perry,. Mr. Casey read the following correspondence regarding the application: Gentlemen: Reference is made to 2nd paragraph-of this Notice, We, the underlined residents at 3415 Rice Blvd, .have no ojections whatsoever to Mr. Guy F. McCanlies of performing the work as per above request. Mr & Mrs. B. M, Boysen Mr. Perry advised the Board that a permit had been denied for the enclosure of the existing porch inasmuch as such porch was located four (4') feet into the front building line of the property.. Members of the Board reviewed. the site plan which had been submitted by Mr. McCanlies, taking note of the present condition of the porch and need for re- pairs of the property. 2isl Motion by Mr. Billings, 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, Billings, seconded. by Mr. Wilkins, that the Public Hearing was now open to consider application Docketed 76-10, filed by Mr. Terry W. Saxon, ,.,~ 4037 Browning, for permission to construct anew residence with an enclosed ~ entry-way located four (4') feet into the front building line, and for permis- ~ sion to construct a two-story garage with the second floor to be used for a ~ game and hobby room. ~ 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, August 25, 1976, and that notice was mailed to all property owners within a 200' radius of the property in question on August 30,:1976.. In accordance with the provisions of Article 6252- 17 V.A.T.C.S. notice was posted on the City Hall bulletin board on September l3, 1976, advising the public of a meeting on Thursday, September 16, 1976. 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 those present desiring to be heard in conjunc- tion with the application, advising that the procedure of the Zoning Board of Adjustment provided for hearing the applicant and anyone supporting his posi- tion to present their evidence;. questions to the applicant and his supporters; presentation of any evidence by opponents, including the Building Inspector; and questions to the opponent. Mrs. Saxon presented members of the Board floor plans for the. proposed construc- tion noting that construction of the entry hall behind the required twenty (20') foot building line would limit the size of the back yard and enhance the appear- ance of the front of the house when completed. Mrs. Saxon stated that the con- struction of a two-story garage would provide additional room inasmuch as the house and lot were nov as large as they would have liked and that the garage would be used fora hobby and game room and further that they would be happy to execute an agreement that the garage would never be converted into a garage apartment. Mr. Ron Lyle, 4125 Woodfin, architect for the construction of the new residence to be located at 3931 Villanova, stated that conformance with the twenty (20') foot front building line would limit driveway area and make`it difficult to reach the garage in the rear of the property. z~~ Mrs. Barbeta Wood, 3923 Villanova, asked members of the Board what affect the construction of a beautiful new home would have on older, less attractive homes in the block. Mrs. Wood was advised that historically a new home in any area of the city had not only increased the value of surrounding property, but had in many instances inspired owners to make repairs and improvements to their homes. Mrs. Adele Roberts, 4002 Villanova, stated that she had no objections to .the proposed garage construction but did not believe that the front of the house should be into the building line that was established. Chairman Casey read the following letter received in conjunction with the appli- cation: I feel that granting a variance to allow the proposed construction of a two-story dwelling with a front setback of less than twenty (20) feet would not be in the best interests of the immediate neighborhood nor the City of West University Place. Such a dwelling would be completely nieghborhood, extending out from the and being built on such a small lot. tion of West University Place is one and a dwelling of this type would be unpretentious homes. gut of character for the rest of the building line of the other homes, As you know, this particular sec- of the more modest .areas of the City, entirely out of keeping with .these Further, I feel that every variance that is granted in our City under- mines our Zoning Codes, making each one successively easier to grant. The more exceptions which are allowed to the Code, the more our City will change, and given enough of them, our City will lose the unique charm which is one of the reasons it is considered desirable both to present homeowners and prospective ones. Our building code and Zoning Ordinance have serve us well, to make our City what it is today. Please don"t allow variances to undermine the effectiveness of this Zoning Ordinance, Jessie Gowan Schmidt 3927 Villanova Building Inspector J. D. A]lstott advised the Board that the application for a permit was denied inasmuch as the plans reflected a violation of the city's zoning ordinance. Mr. C. J. Holm, 3928 Villanova, stated that granting of this application would be opening the door to breaking of the city's zoning laws and he was opposed to both violations. Mrs. Lola click, 3922 Villanova, stated that a two-story house that is set out past the regular building line would- do nothing for the block. Mr. Ray Wood, 3923 Villanova, stated that he was against the construction of any house that would be set out front further than his own and that such con- struction would cut down on his view. .~ .~ Mr. Lyle advised the Board that no plumbing facilities were-planned for the upstairs area of .the garage and he was sure the owners would be happy to enter into an agreement that plumbing would never be installed in that area. Motion by Mr. Wilkins, seconded by Mr. Ayres, that the Public Hearing be closed. Mr, Casey requested that the Board secretary read the Notice of Public Hearing. Motion by Mr. Doughty, seconded by Mr. Ayres, that the Public Hearing was now open to consider application Docketed 76-11, filed by Mr. Andrew T. Barrett, III for permission to enlarge and enclose an existing front porch and to extend a backyard deck to the 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 publisfied in the Southwestern Argus on Wednesday, August 25, 1976, and that notice was mailed to a71 property owners within a 200' radius of the property in question on August 3O, 1976. In accordance with the. provisions of Article 6252- 17 V.A.T.C.S. notice was posted on-the City Hall bulletin board on September 13, 1976, advising the public of a meeting on Thursday, September 16, 1976.. Chairman. Casey introduced himself and identified his residence in the city, fol- Mr. Barrett presented plans for proposed remodeling of their home at 6432 Brompton Road, stating that since purchasing the house three years ago they had continuously worked remodeling it and had already completed installation of a new kitchen. Mr. Barrett indicated on his plans the proposed extension of an existing front porch to accommodate a second door into an attached garage that will be converted into living area of the house, thereby making the traffic circulation pattern through that area of the house rather than through the liv- ing room area, stating that this would essentially separate the house into a formal and informal area situation. The proposed deck would abut an 8' privacy fence which is to be erected. lowed by each member of the Board. Mr. Casey administered the Oath to those present junction with the application, advising that the of Adjustment provided for hearing the applicant tion to present their evidence; questions to the presentation of any evidence by opponents, inclu and questions to-the opponent. Chairman Casey read the following letter written in support of Mr. Barrett's application: I Should like to register my opinion in favor of granting Mr. Barrett of 6432 Brompton Road the authorization to build the additions he re- ested as stated in your notice to interested property .owners on 6 August, 1976. desiring to be heard in con- procedure of the Zoning Board and.. anyone supporting his posi- applicant and his supporters; ding the Building Inspector; 222. It is indeed unfortunate that existing ordinances prevent an owner from utilizing his property to the fullest in keeping with contemporary living. If this can be remedied by a ruling from the Zoning Board of Adjustment, I recommend it. An up-dated house design could only enhance our block on Brompton Road, the neighborhood and therefore the City of West University. J. J, Britton 6415 Brompton Road Building Inspector J. D. A17stott advised the Board that it was not possible for his department to issue a building permit inasmuch as the porch extended into the front building line of the property and the deck was proposed to be constructed in the side setback lines. of the property. Motion by Mr. Wilkins, seconded by Mr. Doughty, that the Public Hearing be closed.. Voting Aye: Ayres Bi77ings Casey Doughty Wilkins Voting No: None Mr. Casey requested that the Board secretary read the Notice of Public Hearing. Motion by Mr. Doughty, seconded by Mr. Wilkins, that the .Public Hearings be opened to consider an application docketed 76-12 filed by Mr. John Pipken requesting certain variances with regard to rear and side setback requirements for one unit of a proposed townhouse development. Voting Aye: Ayres Billings Casey Doughty Wilkins Voting No: None Chairman Casey ascertained from the secretary that Notice of Public Hearing had. been published in the Southwestern Argus on Wednesday, August 25, 1976, and that notice was mailed to all property owners within a 200' radius of the property in question on August 30,.1.976. In accordance with the provisions of Article 6252- 17 V.A,T.C.S. notice was posted on the City Hall bulletin board on September 13, 1976, advising the public of a meeting on Thursday, September 16, 1976. 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 those present junction with the application, advising that the of Adjustment provided for hearing the applicant tion to present their evidence; questions to the presentation of any evidence by opponents, inclu and questions to the opponent, desiring to be heard in con- procedure of the Zoning Board and anyone supporting his posi- .applicant and his supporters ling the Building Inspector; ~;~ ~ ,~:_ .e~± Mr, Keith Carlson, 5325 Braeburn, advised the Board that he was representing Mr. John Pipkin, Bravo Construction Company, and .that-the application filed requested permission to construct one unit of a townhouse development to the property line on the west side adjacent to Poor Farm Ditch right-of-way line with a rear set- back line of 14 feet rather than 20 feet and to be allowed 2.5 parking spaces per unit rather than 3 as required by the ordinance zoning the area of townhouse con- struction. Mr. Carlson further stated that plans had been altered and there was no longer a necessity for the 2.5 parking spaces and he would like to withdraw that portion of the request, Mr. Carlson noted that the application did not re- quest that the size of the townhouses be reduced from the required 1600 square foot minimum to 1400 square feet, but that he would file an additional request for this variance. '~ Mr. Carlson resented Tans of the ro osed townhouse develo ment notin that the request for construction to thepproperty line on the west side would make the development closer to the Poor Farm Ditch right-of-way rather than to an ~ adjacent property owner and that changing the rear setback line would only make the project nearer a gas regulator station owned by Entex, Inc. Mr. Casey read the following correspondence received in conjunction with the application: In regard to townhouses to be built in 3600 block of Bellaire Boulevard, I have no objections to this project and feel it will be an asset to our community. I know about the plans and they will be beautiful. I have lived in my home since 1930 and hope to stay here a long time. Thank you, .Mrs. Paul S. Watts 3602 Bellaire Boulevard Inspector Allstott advised the. Board that his Department had not received_a request fora building permit inasmuch as this request had been referred to the .Board by the City Commission. Motion by Mr. Billings, seconded by Mr, Ayres, that the Public Hearing be closed. Voting Aye: Ayres Voting No: None Billings Casey Doughty Wilkins Following a short intermission the Board reconvened to consider Application Docketed 76-0 filed by Mr. Guy P, McCanlies, 3416 Amherst, for permission to glass in an existing front .porch and to construct a deck out from the porch.. Members of the Board discussed the deteriorated condition of the existing porch, the necessity to repair such porch and the desirability of deferring action on the application until Mr, McCanlies could appear before the. Board. Motion by Mr, Wilkins, seconded by Mr. Doughty, that the application docketed 76-9 filed by Mr, Guy P. McCanlies, 3416 Amherst, for permission to glass in an existing. front porch be approved and his request for construction of a deck be denied. Voting Aye: Ayres Voting No: Billings Casey Doughty Wilkins Consideration was given to the application docketed -76-10 filed by Mr. Jerry Saxon for permission to construct a new residence at 3931 Vil~anova to extend four (4') feet into the required twenty (20') foot front setback and to con- struct a two-story garage, Lenghty discussion by the Board indicated that consideration of a request for construction of a two-story garage by the Board was questionable inasmuch as the Zoning Ordinance did not prohibit such construction and the validity of such. request being included on the application to the Board.. .Consideration was given to such request being valid under the Board's ability to consider any denial of a building permit by the Inspection Department.. Members of the Board considered the request fora variance for the construction of a porch four (4') feet into the required twenty (20') foot setback. noting that the design of the house would permit the porch to be located back of the required setback line and the advisability of granting such variance in connec- tion with the construction of a new house. Motion by Mr, Billings, seconded by Mr, .Ayres, that the Application docketed 76-10 from the denial of a permit to build a second story on a garage be granted conditioned upon an affidavit from the owner, filed of record in the Harris County Clerk of Court's office to the effect that the building will never be used as a_garage apartment and that the appeal from the denial of a permit for a variance in the twenty (20') foot front setback line be denied. Voting Aye: Ayres Voting No.: Casey Billings Doughty Wi 1 ki ns Motion by Mr. Ayres, seconded by Mr, Billings, that the portion of application 76-10 pertaining to front setback be denied, Voting Aye: Billings Voting No: Casey Wilkins Doughty Ayres Motion by Mr. Doughty that the application be denied for construction of a two- story garage. Motion died for lack of a second. Motion by Mr. Billings that consideration of appeal n, 76-10 be continued until the next. regular meeting of the Zoning Board of Adjustment in order to obtain more information from the Inspection Department, Motion died for lack of a second. Motion by Mr. Ayres, seconded by Mr. Wilkins, that the garage included in appeal no. 76-10 be constructed in accordance with the present ordinance and building. code as now written. 1 ': rJ d'" '~ m Voting Aye: Ayres Voting No: None Billings Casey Doughty Wilkins Members of the Board reviewed plans submitted by Mr. Andrew Barrett, III, for remodeling of his residence at 6432 Brompton Road, including the enlarging and enclosing of an existing front porch located within the required thirty (30') foot front setback line and the construction of a deck, noting a number of pos- sible alternatives to the proposed plans, Motion by Mr. Billings, seconded by Mr. Doughty, that .Appeal No. 76-11 be denied inasmuch as there was no hardship shown .for either variance. Voting Aye: Ayres Billings Casey Doughty Wilkins Voting No: None Plans submitted by Mr. Keith Carlson as representative for Mr. John Pipkin were reviewed noting the proximity of the construction to a gas regulator station, the proposed development of Independence Park in the area and the ownership of the lot immediately south of the proposed construction. Motion by Mr. Billings, seconded by Mr. Wilkins, that inasmuch as the applicant advised that the only hardship would be one of economics and in view of the fact that the granting of the application would be placing a building practically on top of a high pressure gas line.the application be denied. Voting Aye: Ayres Voting No: None Billings Casey Doughty Wilkins Minutes of a special meeting on May 28, 1976, the regular meeting of June 17, 1976 and a recessed meeting on June 27, 1976, were presented for consideration. Motion by Mr. Billings, seconded by Mr. Wilkins, that minutes of meetings of the Zoning Board of Adjustment on May 28th, June 17th and June 21st, be approved as submitted. Voting Aye: Ayres Voting No: None Billings Casey Doughty Wilkins With no further business to come before -the Board at this time, upon motion duly made, seconded and. carried, the meeting adjourned at 11:30 p.m. ___ __ ~~ ~. Chairman ATTEST: ~~~ ~~G~~ Secretary 1 1