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HomeMy WebLinkAbout01121989 ZPC Minutes~-- . ^f' ~ • ~ • REGULAR MEETING ZONING AND PLANNING COMMISSION CITY OF WEST UNIVERSITY PLACE DATE :": JANUARY 12 ,~ 19 8 9 ~+ ~~7:30 P.M. - ' - `~ The Zoning and Planning Commission of the City of West University Place, Texas convened in regular session in the City Counsel Chambers, City Hall, 3800 University Boulevard, City of West University Place, Texas, the second Thursday of January, being January 12, 1989. Members present were: George Ruhlen Vice Chairman Reid C. Wilson Chairman and Secretary Robert Lindsey ~ Susan Rachlin Bonnie T. Holmes Frank Billings Also present was Wayne Perry Chief Building Official • Notice of ineeting was posted in the City Hall of West University Place, Texas at least seventy-two (72) hours preceding the day of the meeting as required by law. A quorum was declared and the meeting convened. l. Hearinq of Residents: No residents wished to be heard. 2. Zoning Matters: No zoning matters were discussed. 3. Subdivision Issues: ~ U a. Ruling Request #1 Mrs. H.L. McCormick~ requested a ruling regarding Lots 1 and 2, Block 24, West University Place First Addition for rul'ing that the north one half of Lot 1 and the south one half of Lot 2 are deemed separate subdivided 50 x 150 foot lots. Mrs. McCormick was represented by Marietta Maxfield, Attorney at Law. Ms. Maxfield presented to the Commission copies of various Deeds, Minutes of prior Planning and Zoning Commission meetings -1- WUP.6 ~ • • and city ordinances which purportedly approved the subdivision of Lots 1 and 2 by various actions between 1959 and 1962. The north one half of Lot 2 was deeded by Mr. and Mrs. McCormick to Mrs. C.B. Stephenson by deed dated November 30, 1959. The Planning & Zoning of the City of West University Place at a meeting on May 14, 1959 approved that both Lots 1 and 2 be subdivided into two separate 50 x 150 foot lots each; subject to "a satisfactory survey of improvements on the lots to determine that all setback requirements are met." The McCormicks made certain revisions to their request which were approved relating to portions of the building site other than the north one half of Lot 2. In Ordinance No. 761, the City Commission approved, among other things, that the north one half of Lot 2, Block 24, West University Place First Addition is a separate subdivided lot with a frontage of fifty (50) feet. By deed dated December 12, 1963, the McCormicks conveyed the south one half of Lot 1 to Thomas P. Camp and wife Elsie Mae Camp. Previously the • McCormicks had requested approval from the Planning & Zoning Commission to subdivide Lot 1 into two (2), 150 foot lots. The Planning & Zoning Commissions initially denied that request on June 14, 1962, since the south one half of Lot 2 and all of Lot 1 had previously been subdivided by Ordinance No. 761 into two (2) lots of sixty (60) and ninety (90) feet each. The resubdivision request (into effectively three (3) lots) would put the McCormick's homestead "located on the south one half of Lot 2 into noncompliance due to a building encroachment. However, at a subsequent.hearing of the Planning & Zoning Commission on July 12, 1962, the McCormicks reasserted their request with the added stipulation that the north one half of Lot 1 would be deed restricted to prevent any construction on the northern most five (5) feet. With this stipulation, the McCormick's request for subdivision was approved by the Planning & Zoning Commission on July 12, 1962. On August 13, 1962, City Commission conducted a public hearing regarding the subdivision request and approved the recommendation of the Planning & Zoning Commission. Ordinance No. 811 passed by the City Commission on September 24, 1962 approves the subdivision of Lot • -2- WUP.6 • • • 1 into two (2) lots, each 50 x 150 Feet but prohibits any improvements from being placed upon the northern most five feet of Lot 1. Ms. Maxfield noted that after the actions taken by the City Commission in Ordinances No. 761 and No. 811, the only portion of Lots 1 and 2 not specifically subdivided into a 50 x 150 Foot lot is the southern one half of Lot 2. However, by the Counsel's actions, Mrs. McCormick asserted that there had, in fact, been a defacto subdivision of the.south one half of Lot 2 into a separate 50 x 150 foot Lot. Ms. Maxfield acknowledged that the McCormicks' existing homestead on the south one half of Lot 2 was, in 1962 and continued to date, in violation of the three foot side setback, applicable to that Lot. Ms. Maxfield presented to the Commission the decision of the Zoning Board of Adjustment on Appeal No. 88-20 dated October 25, 1988. The decision was rendered December 1, 1988 pursuant to hearings held November 17 and 30, 1988. The decision stated that a variance was granted to allow the McCormicks' house at 6344 Sewanee, to • have a two foot, four inch setback on the south property line conditioned upon: 1. Al1 equipment, structures and all future additions or new constructions comply with the then - existing ordinances; 2. Setback at the north property line of the south one half of Lot 1 be a minimum of five (5) feet; and 3. Such variance be effective only if the present building site, comprised of the north one half of Lot 1 and the south one half of Lot 2, Block 24, is subdivided or deemed to be subdivided by the Planning & Zoning Commission of the City of West University Place, Texas." b. The Commission discussed the documents submitted by Ms. Maxfield and questioned her extensively about those documents. After substantial discussion, on motion by Commissioner Billings, seconded by Commissioner Lindsey, the Commissioner voted unanimously as follows: ~ -3- WUP.6 • • • 1. The south one half of Lot 2 and the north one half of Lot 1, Section 24, West University Place First Addition, City of West University Place, Harris County, Texas are deemed to be separately subdivided 50 x 100 Foot lots, having been so determined by the action of the Planning and Zoning Commission and City Commission of the City of West University . Place in 1959 and 1962. The Commission looked to ,the actions in both years to make such determination. 2. A condition precedent to the formal approval of such subdivision, as contemplated by the Planning and Zoning Commission and City Commission in 1959 and 1962, was the inclusion of a five (5) foot building setback filed of record regarding the north one half of Lot 1. 3. The Commission requires a recorded plat _ specifically referencing the prior actions of the Planning and Zoning Commission and City Commission which reflects a five foot building setback on the north one half of Lot 1. Such plat shall be in form and substance acceptable • to the Planning and Zoning Commission and City Attorney. 4. Any Deed conveying the north one half of Lot 1 shall contain a Deed Restriction against the construction of:any improvements on the north fifty (50) feet of such property. 5. If reasonably practicable, the plat shall include aIl portions of Lots 1 and 2 including the Lots previously conveyed to Ms. Stephenson and Mr. and Mrs. Camp. 4. Other Matters: a. Mr. Frank Liu of Lovett Custom Homes, Inc. approached the Commission to discuss the procedures for requesting the subdivision of certain property contained in the Bellaire Boulevard Townhouse P.D.D.(PDD-TH1). Mr. Liu's stated purpose upon completion of the subdivision would be to construct single family houses. ~ -4- WUP.6 ~ . ~ ,. ~ . . ~ ~ • Mr. Liu emphasi was being made information. construction of the townhouse interest of the zed that no formal application but only that he was seeking Mr. Liu suggested that the single family houses, even in district, was in the best City. Mr. Liu was referred to the various provisions of the Zoning Ordinance relating to the Bellaire Boulevard Townhouse P.D.D., townhouse construction generally and also to the ~ subdivision ordinance of the City. It is recommended -that Mr. Liu review these provisions with his attorney and make any formal application he deem appropriate as the Commission would take no position on his request until formally requested. The meeting was adjourned at 9:30 p.m. N 0 T I C E Next Meeting of the Zoning and Planning Commission of .the City of West University Place shall be Thursday, February • 9, 1989 at 7:30 p.m. ~ -5- WUP.6