HomeMy WebLinkAbout10071977 ZBA Minutes26~
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SPECIAL MEETING OF ZONING BOARD OF ADJUSTMENT
October 7, 1977
The Zoning Board of Adjustment convened in organizational session at the City
Hall on Friday, October 7, 1977, 7:00 p.m., with the following members pre-
sent: Vice-Chairman Richard Wilkins, presiding; members Frank Billings, Dan.
Doughty and Bill Marshall. Alternate member Jim Cummings was also present.
Member Morris Commander and Alternate member Frank Burge was absent. Also
in attendance was former Chairman of the Zoning Board of Adjustment Mike
Casey.
The first item on the agenda was the election of a Chairman and Vice-Chairman
to serve until the regular meeting in December, 1977, or the Rules of Pro-
cedure are amended to provide a longer term of office.
Mr. Richard Wilkins was nominated by Frank Billings to serve as .Chairman of
the Zoning Board of Adjustment.
Voting Aye: Billings
Cummings
Doughty
Marshall
Wilkins
Voting No: None
Mr. Frank Billings was nominated by Dan Doughty to serve as Vice-Chairman of
the Zoning Board of Adjustment.
Voting Aye: Cummings
Doughty
Marshall
Wilkins
Billings
Voting No: None
In accordance with the provisions of Article 1, Section 1 of the Rules of
Procedure of the .Zoning Board of Adjustment of the City of West University
Place, the Board discussed a proper date to designate as a regular meeting
date, noting that the Rules of Procedure must be amended if changed from the
third Thursday of each month.
Discussion indicated that Alternate member Jim Cummings attended school on
Thursday evenings and that Alternate member Frank Burge had previously indicated
'ghat his business precluded him from regular attendance on Thursday.
Motion by Mr. Billings, seconded by Mr. Doughty, that the Rules of Procedure
be amended. to show that the regular meetings of the Zoning Board of Adjustment
will be held on the third Wednesday of each month.
Voting Aye: Billings
Cummings
Doughty
Marshall
Wilkins
Voting No: None
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Alternate member Frank Burge arrived at the meeting at this time.
Following the selection of a meeting date Chairman Wilkins reviewed the Rules
of Procedure to determine any additional amendments desired by Board members.
Motion by Mr. Billings, seconded by Mr. Marshall, that Section VIII(2) be
amended to add, "In the event of the absence or disability of both the Chair-
man and Vice-Chairman, a Temporary Chairman shall be elected to preside.
Voting Aye: Billings Voting No: None
Cummings
Doughty
Marshall
Wilkins `
Mayor Dunn arrived at the meeting at this time.
Mayor Dunn expressed appreciation to both those who had served on the Board
previously and the newly appointed members, noting that this was one of the
hardest Boards for which to select members inasmuch as it was an independent
body that had power separate and apart from any other city function.
Mayor Dunn stated that the Zoning Board of Adjustment serves as a buffer be-
tween the city and the city administration and is a safety valve. for the Zon-
ing Ordinance itself by the following means:
a) Appeal by the application from a ruling of the Building Inspector.
b) Hear and act on request for a variance to the ordinance
c) Hear and act on request for an exception to the ordinance
Following a hearing by the Board to seek relief, if the property owner is
unhappy with the decision rendered, his recourse is to District Court.
Mayor Dunn advised the new members of the Board that a thorough understanding
of the booklet, ''Powers of a Zoning Board of Adjustment" prepared by Mr. Paul.
Strong when City Attorney of the City of Bellaire was the best guide that he
had been able to obtain when he served as a member of such Board.
Members of the Zoning .Board of Adjustment were advised that they have no juris-
diction whatsoever over the following:
a) Fence ordinance
b) Ordinances relating to construction of sidewalks and driveways
c) Circular driveways
d ) Building code
e) Plumbing, gas or .electrical codes
f) Heating and air conditioning regulations
Mayor Dunn left the meeting at this time.
Mr. Casey reviewed some of the type applications heard by the Board, listing:
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a) Setback lines
b) Lot coverage
c) Building lines
d) Encroachments
Mr. Cummings was. advised that as an Alternate-member he should attend all meet-
ings and when necessary for one of the Alternates to serve as an active member
the call would be made alphabetically the first time .and then on a rotating
basis.
Mr. Casey read the following letter he had received from the City Manager while
serving as Chairman of the Zoning Board of Adjustment.:
Frequently my office receives calls. concerning the use, occupancy and
the legality of garage-apartments and secondary dwelling .units in the
single family dwelling district.
On numerous-occasions prospective purchasers allege that someone in the
City Hall or a realtor has advised them that a garage apartment at a
particular location which they are .interested in purchasing is legal
and can be rented or occupied.
This is to advise you that only the. persons on my staff and. working. in
my office will give advice and decis ions concerning the use, occupancy
or rental of garage apartments or secondary dwellings.
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In order for my office to accurately make a statement as to whether or
not these units are legal or illegal, the record must be searched, advice
given and a decision made.
The City Attorney has prepared the following statement which we give or
read to those persons who. are interested in purchasing property with
garage apartments or secondary dwellings:
"The premises that you are inquiring about, according. to the
zoning map and zoning ordinance, are-located in a single family
residential area. If the premises is, or are intended, to be
used for two-family occupancy, it is either in violation of the
ordinance, or it is a potential violation dependent upon the
establishment by the owner of the necessary facts showing the
existence of the property as a two-family dwelling unit prior
to the adoption of the ordinance and the continuing use there-
after exclusively. The effective date of the zoning ordinance
being June 11, 1937."
Perferably, we would like all persons making an inquiry to come to the
City Hall and request this information in person rather than over the
telephone.
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Attention of the Board was directed to an application that had been docketed
for Public Hearing on October 20th,
With no further business to come before the Board at this time, upon motion
duly made, seconded and carried, the meeting adjourned at 8:30 p.m.
a`i rma n
ATTEST:
REGULAR MEETING OF ZONING BOARD OF ADJUSTMENT
October 20, 1977
The Zoning Board of Adjustment convened in regular session on Thursday,
October 20, 1977, 7:30 p.m., with the following members present: Chairman
Richard Wilkins, presiding; members Billings, Commander, Doughty and Marshall.
Alternate member Cummings was also present. Alternate member Frank Burge was
absent.
Mr. Wilkins requested that the Board secretary read the Notice of Public Hearing.
Motion by Mr. Billings, seconded by Mr. Doughty, that the Public Hearing be
opened to ffonsider an application Docketed 77-~3, filed-by Ms. Elizabeth B. Wil-
loughby,v6417 Westchester, for permission to enclose an existing front porch with
glass.
Voting Aye.: .Billings Voting No: None
Commander
Doughty
Marshal l
Wilkins
Mr. Wilkins introduced himself and identified his residence in the city, followed
by each member of the Board.
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Mr. Wilkins ascertained from the secretary that Notice. of Public Hearing had been
published in the Southwestern Argus on Wednesday, October 5, 1977, and that notice
was mailed to all property owners within a 200' radius of the property on October
10, 1977. In accordance with the provisions of Article 6252-17, U.A.T.C.S., notice
was posted on the City Hall bulletin board on October 14, 1977.
Mr. Wilkins administered the Oath to Ms. Willoughby and Building Inspector Wayne
Perry.
Ms. Willoughby advised the Board that they had owned the property at 6417 West-
chester for only four months and were unaware of restrictions when they moved in,
and did not know that there were minimum setback requirements. Ms. Willoughby
further advised that when she requested a permit to enclose the porch Mr. Perry
advised .that such enclosure would be in violation of the Zoning Ordinance inas-
much as the porch was located outside the minimum setback lines. Ms. Willoughby
stated that the house was a bungalow style and it was believed that enclosing the
porch would up-date the appearance of the house and would provide. a place for a
number of plants about which she is concerned as cold fronts move in.
Ms. Willoughby stated that the existing front porch was 7' x 13' and its size
would limit its use as a part of the house other than giving the impression of
having more room. Ms. Willoughby presented a photograph of the house to members
of the Board.
In response to a question from the Board regarding plans for the porch in event
the application was turned down by the Board, Ms. Willoughby. stated there was
very little that could be done other than live with it.
It was ascertained from Ms. Willoughby that the present roof line of the house
will permit use of the porch as an entryway in the event that it is enclosed.
Inspector Wayne .Per ry advised the Board that the application for a permit was
denied inasmuch as it was against the Zoning. Ordinance in that such ordinance
permits only open porches to extend not to exceed ten (10) feet into the front
setback lines. Mr. Perry stated that the main wall of the building was loca-
ted 30'3" from the front property line as determined from measurements made for
a stake on one .corner of the property; that the porcj columns measure 22'5" from
the front porperty line; and that inasmuch as the lot was 150' in depth the
front setback line was 30'. Mr. Perry also staed that he had observed other
houses in the area do all conformed to the established 30' setback line.
~ Mr. Perry advised the Board that at this time there was no definition in the
~ Zoning Ordinance for an 'open porch", but that it was his understanding that
this was being studied by the City Commission for a possible amendment to the
"~ Ordinance.
'~ In response to a question regarding the possibility of an addition to the rear
of the house in the future, Mr. Willoughby stated that there was a lot of dif-
ference between using glass to enclose an existing porch and an addition to
the house.
Mr. Wilkins determined from the Secretary that there had been no correspondence
received regarding the application.
Motion by Mr. Billings, seconded by Mr. Doughty, that the Public Hearing be
closed.
Voting Aye: Billings Voting No: None
Commander
Doughty
Marshall
Wilkins
Members of the Board reviewed Ms. Willoughby's application wifih regard to the
lack of specific information, such as sketches showing the proposed enclosure,
type of materials to be used and .any alternatives that might be used; the tack
of a definition of an "open porch"; and whether or not there would be a hard-
ship involved with a denial of the application.
Motion by Mr. Billings, seconded by Mr. Doughty, that inasmuch as the applicant
had failed to show .that literal enforcement of the Zoning Ordinance wou ld re-
sult in unnecessary hardship that the application Docketed 77-8 be denied.
Voting Aye: Billings Voting No: None
Commander
Doughty
Wilkins
Mr. Marshall abstained from voting.
Minutes of the regular meeting of the Zoning Board of Adjustment on .Thursday,
September 15th and the organizational meeting on Thursday, October 7th were pre-
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sented for consideration and the following action taken: Motion by Mr.
Doughty, seconded by Mr. Billings, that minutes of the Zoning Board of Ad-
justment on September 15th and October 7th be approved as submitted.
Voting Aye: Billings Voting No: None
Commander
Doughty
Marshall
Wilkins
Motion by Mr. Doughty, seconded by Mr. Billings, that Rules of Procedure of
the Zoning Board of Adjustment as amended on October 7th be adopted as sub-
mitted.
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Voting Aye: Billings Voting No: None
Commander
Doughty
Marshall
Wilkins
With no further business to come before the Board at this time, upon motion
duly made, seconded and carried, the meeting adjourned at 8:10 p.m.
ATTEST:
Chairman
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Secretary
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