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HomeMy WebLinkAbout05191977 ZBA Minutesc REGULAR MEETING OF ZONING BOARD OF ADJUSTMENT MAY:19, T977 The Zoning Board of Adjustment convened in regular session on Thursday, May 19, 1977, 7:30 p.m. with the following members present: Vice-Chairman Richard Wilkins, presiding in the absence of Chairman Mike Casey, members Ayres and Johnson. Alternate member Dan Doughty had been designated to sit as a member in the absence of Mr. Casey. Member Billings and Alternate Member Burge were absent. Mr. Wilkins requested that the Board Secretary read the Notice of Public Hearing. rJ d~ Motion by Mr. Ayres, seconded by Mr. Johnson „-~a.t the public hearing was now ~ open to consider an application Docketed 77-4, filed by Mr. James W. McGibney, 4115 Bissonnet;~for permission to allow a deck constructed within three feet `~ of the side property line to remain in place. Voting Aye: Ayres Voting No: None Doughty Johnson Wilkins Vice-Chairman Wilkins ascertained from the secretary that Notice of Public Hearing had been published in the Southwestern Angus on Wednesday, May 4, 1977, and that notice was mailed to all property owners within a 200' radius of the property in question on May 2, 1977. In accordance with the provi- sions of Article 6252-17 V.A.T.C.S. notice was posted on the City Hall bulle- tin board on May 16, 1977. Mr. Wilkins administered the Oath to Mr. McGibney, Mrs. Myra Powell, Inspec- tor J. D. Allston and Assistant Building Inspector Wayne Perry. Mr. McGibney presented .members of the Board a plat of his property indicating the location of the deck in relation to existing trees and the property line. Mr. McGibney stated that he had taken out a number of permits during the pro- cess of remodeling his residence, but was not aware that a permit was required for construction of the deck. Mr. McGibney also stated that there had been some concern expressed regarding the vacant property adjacent to his residence on which he understood townhouses were to be constructed and that if such a development were built the ordinances regulating such construction required that a fence be built to separate to townhouses from his single family resi- dence. Mr. McGibney presented the following correspondence that he had received in connection with his. application: We, the undersigned, are neighbors of Mr. James W. McGibney. We know what the house Mr. McGibney now occupies looked like before he bought it and renovated it, almost single-handedly. It was a burned out wreck of a house that could only lower property values in our neighborhood. Mr. McGibney has worked hard to make his home an asset to the neighborhood. He has .succeeded. t F ! p We feel that such.. efforts should be encouraged,. rather than dis- couraged, and therefore, request that he be granted a variance to be allowed to leave the deck he constructed as it is. This deck is an attractive addition to the house and should not be destroyed. Jo Ann Horton, 4122 Marlowe Troy Horton, 4122 Marlowe Mr. 8 Mrs. Ernest Rivas, 4118 Marlowe Leon Schiro , Jr . , 4115 Marlowe Mary Anne Templin, 4114 Marlow Mrs. J. B. Harper, 4124 Bissonnet Mr. 8 Mrs. Karl E. Krenzler, 4128 Bissonnet Mr. Muth, 4116 Bissonnet Mrs. Hatch, 4114 Bissonnet To Whom It May Concern: I am writing in reference to Mr. James W. McGibney's application for a variance to authorize his constructed deck to remain on the side property line of 4115 Bissonnet. In my opinion, all the work including the deck has been an in- describable improvement on the property. The burned shell of an open rats den has been transformed into a modern contemporary home. I think the deck addition helps complete this theme and should remain. We should all be very grateful to Mr. McGibney for his imagination and hard work in developing what was such an eye sore in the city. Charles T. McBride 4121 Judson Building Inspector J. D. Allston advised the Board that provisions of the Zoning Ordinance preclude the construction of any building or structure of any kind within three (3) feet of the side property line and he, therefore, had to tell Mr. McGibney that the deck would have to be cut back three (3) feet. Mrs. Myra Powell advised the Board that she owned the property adjacent to Mr. McGibney's residence and intended to have townhouses constructed on the property in the near future. Mrs. Powell stated that when originally constructed the deck extended onto her property but had been cut back when Mr. McGibney was advised of the encroachment. Mrs. Powell further stated that Mr. McGibney had used her vacant property as a dumping area for all material he had removed from his property including an abandoned bath tub. 1 1 Motion by Mr. Johnson, seconded by Mr. Ayres, that the public hearing be closed. Voting Aye: Ayres Doughty Johnson Wilkins Voting No: None 1 The Board reviewed Mr. McGibney's application and plat, discussing the provisions of the Zoning Ordinancewhich would permit the area to be covered with concrete while precluding deck construction. Motion by Mr. Johnson that the application of Mr. McGibney be granted by interpretation. The motion died for lack of a second. ,~ d'+ ?1 r'J CG 1 Motion by Mr. Doughty, seconded by Mr. Ayres, that Appeal No. 77-4 be denied on the grounds that Mr. McGibney did not show any hardship, and adhering to the provisions of the Zoning Ordinance would not restrict use of the property for the purpose he intended. Voting Aye: .Ayres Doughty Wilkins Voting No: Johnson Minutes of the. regular meeting of the Zoning Board of Adjustment on April 21, 1977 were presented for consideration and the following action taken by the Board: Motion by Mr. Johnson, seconded by Mr. Doughty, that minutes of the regular meeting of the Zoning Board of Adjustment on April 2l, 1977 be approved as submitted. Voting Aye: Ayres Doughty Johnson Wilkins Voting No• None With no further business to come before the Board, upon motion duly made, seconded and carried the meeting adjourned at 8:30 p.m. ATTEST: Secretary Chairman 1