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HomeMy WebLinkAbout05121983 ZPC Minutes (2)145 LJI Q Q C [J REGULAR MEETING ZONING $ PLANNING COMMISSION MAY 12, 1983 The Zoning and Planning Commission of .the City of West University Place convened in regular session on Thursday,.May 12, 1983; 7;30 p.m., at the City Hall with the following members present: Chairman Kendrick, presiding; Members Bettler and Norton. Chairman Kendrick introduced himself and gave his address in the city followed by other members of the Commission. HEARING OF RESIDENTS: Joan McKay, 3029 Carnegie, expressed her concern about the widespread concreting of yards, especially front yards, in the city and urged the setting of a policy to control such practice. P4r. Kendrick indi- cated he too was concerned in hopes in being able to establish control on the matter. Mrs. Taitte came to the meeting at this time. Further consideration of the replatting of: Lots 7A, 7B, 8A, 8B, 9A and 9B Block 26 West University Place 1st Addition was delayed to other agenda items as applicants were not present with submit- tals required. Annie Thompson, one of the applicants, mentioned the following letter from the City Attorney to her attorney, Daniel S. Trachtenberg, dated 5-05-83, in which he recommended the Zoning and Planning Commission hold the application in abeyance pending proof of .title in property. May 5, 1983 Mr. Daniel S. Trachtenberg Attorney at Law 320 Executive Plaza b9est 4635 Southwest Freeway Houston, TX 77027 Dear Mr. Trachtenberg: I have reviewed your April 25, 1983, letter to the Zoning and Planning Commission regarding the King and Thompson claim to title of the abandoned 20 feet to the west of your client's property. While your letters restates the historical facts., the title opinion is lacking sufficient committment on your part to assure title in your clients.. 146 In view of the title concerns previously expressed by members of the Zoning anu Planning Commission and the expression of one of the lawyers on the City Commission of his concern regarding the. lack of title company committment to tiele, I suggest that in order to satisfy both authorities that are re- quired to approve the project and the street proposal, that your clients seek a judicial determination, perhaps through a declaratory judgment action, to resolve the title problem once and for all. I will recormnend that the Zoning and Planning Commission hold your clients application in abeyance awaiting the submission of a certified copy of the Court's. judgement declaring title to the 20 feet in your client. At which time, the Zoning and Planning Commission .will promptly reopen the applica- tion consideration. Again, all of my research documents on the abandonment are available to you as the suit is prepared and please call me if I can be of some assistance. Sincerely, DAVID G. ALLUMS DGA:dam cc: Mayor Commissioners City Manager Chairman - Zoning and Planning Commission Motion by Mr. Norton, seconded by Mr. Bettler that Public Hearing on applica- tion #83-4 from John M. Long, M.D, and .Philip R. Dreessen, M.D. (Trustee) to subdivide:. East 112 ft. of Lot 1 Block 9 West University 6544 Brompton Place 1st Addition into two lots, each 50 ft. x 112 ft., each facing Brompton, be opened. Voting Aye: All Voting No: None The Chairman ascertained from the secretary that Notice of Meeting had been posted in the City Hall on May 6, 1983; Notice of Public Hearing published in The Houston Chronicle on April 25, 1983; Notice to Interested Property Owners mailed on April 25, 1983; administered an oath to those in audience desiring to be heard on above application; and explained procedure to be followed. George Berg, 3316 Tangley, representing applicants and himself as prospective purchaser, stated he-and associate Harold Sellers,. also a resident of West University_Place, proposed to demolish existing. multi-family dwellings which will bring it into conformity with area of single family residences. Mr. Berg stated he plans to build a home for his family. on the proposed corner lot and would setback on side with existing front setbacks on Carnegie. He stated it would put no additional burden on City services or the attractiveness of the area. 14'7 Philip Dreessen, presented owner, stated he and Mr. Long had owned the property for about four (4) years and largely rented to students and student's families at a nominal rent and that the garage apartment had been rented by an elderly lady for a very low rent. He stated be believed it would only upgrade the area with two new residences. Leonard Townley, realtor, stated proposal to subdivide was only fair market value offer in approximately 40 showings. In answer to question from Mrs. Taitte, he stated house needed foundation work, gutters, and that the kitchen wiring dated circa 1955, space heaters, and window air conditioners. Mr. Berg stated sanitary sewer access would be across property to the west to City main. (~ Mr. Ferd Reiger, 6516 Brompton, read the following into the record in opposi- tion to the subdivision: Q May 12, 1983 Q Zoning Commission of West University Place: In connection with the request for permission to further subdivide the 100x112 foot lot on the northwest corner of Carnegie and Brompton Road I respectfully ask. your consideration of the following: 1) I have prepared and attached a very rough sketch of the lots in Block 9, 6^JUP 1st Addition (and adjacent blocks.) and you will note that nine of the twelve lots still have frontages of at least 100', and one 135'. The original lots were platted 100x200 feet from Brompton west to Vanderbilt, and 300' deep in the blocks east of Brompton to Wakeforest -- Bellaire to University Blvd, and were intended to front on j'dakeforest, but were subsequently divided so us to fact 150 feet in depth each way. 2) The lot sought to be subdivided .has already .been divided from 100x200 feet to 100x112 feet; therefore this is a request for a second subdivision--very much like the lot at the northeast corner of Buffalo Speedwy and Pittsburg considered by your Commission a few months ago. That request was denied and the lot is now o-cupied by an extremely nice one family dwelling. I might mention also that a request two or three months ago to subdivide a 100x200 foot lot in the 6400 block of Brompton was twice denied. Further division of the Brompton-Carnegie lot should in consistency likewise be denied.- 3) If further subdivided, due to the value of the lot un-usually large .structure should be expected, and by reason of this coverage of the land, an additional burden will be imposed on the drainage of all of us in this vicinity, and due to subsidence and prior construction we have a drainage problem, with poor water runoff. 4) If this lot is further subdivided the .structure on the south 50 feet should be .expected to be large, and be built within three feet of the south property line and further that an 8' fence will be requested along the southerly line as well as the full westerly line, thereby depriving particularly the home on the adjoining west side of light and air, and having a fence up to his front property line. Since all homes, except perhaps one, on Carnegie between Brompton and Belmont face. Carnegie, the erection of a fence (as well as construc- tion 3' from the south line) along most of the south line and west line will reduce values generally, but particularly on Carnegie.. Of course property 1 ~ C7 values in the total vicinity, including the value of my home, will I think be adversely affected. 5) Many of the .homes situated on the divided lots were built before passage of the zoning law; therefore all instances of divided lots does not establish totally a precedent favorable to the applicant. 6) The home abutting on the west the low you are considering tonight as well as the home immediately across the street on Carnegie are in the process of being sold, and extensive improvements are under way. These individuals no doubt bought the properties on the assumption that the neighborhood would remain in status quo. For your information a Mrs. Miller on Carnegie within 200' states she did not receive. a notice of this meeting. I sincerely request that you deny the requested permit. Ferd Reiger 6516 Brompton Road Those speaking in opposition to the subdivision included: Richard Black, 6540 Brompton; Chris Calender, 6545 Brompton; 6538 Brompton; Lindsey Kroll, 6611 Brompton; Patty Kroll, 6611 Brompton; Joan McKay, 3029 Carnegie; Paul Truitt, 2928 Carnegie. Their opposition to the subdivision included water run-off causing more water on streets and properties; .aesthetics of space and less green space; large houses on tiny lots; the lot has been-subdivided enough; cutting of large trees to make room for structures; ruining character and beauty of ti1lest University Place pastoral setting. Motion by Mr. Norton, seconded by Mr. Bettler, that Public Hearing be closed. Voting Aye: All Voting No: None The meeting recessed for 10 minutes to allow time for Mrs. Thompson to contact other applicants and for the chairman to telephone the City Attorney concerning a legal question on application #83-2. At the convening of the meeting it was reported that neither Mrs. Thompson nor Mr, Kendrick had reached their respective parties. Board members reviewed application #83-4 for subdivision and having ascertained that all requirements had been submitted in accordance to guidelines se forth in letter from City Attorney dated 5-05-83. Motion by Mrs. Taitte, seconded by Mr. Bettler, that application #83-4 rom Philip R, Dreessen, M.D. and John M. Long, M.D. (Trustees), for subdivision of: East 112 ft, of Lot 1 Block 9 6Vest University Place 1st Addition 6544 Brompton be approved, subject to compliance with all building setback requirements, easements as recommended by the City, building code, or other governing ordinances, whether or not herein specified, for any subsequent construction. 149 r Q Q 1 Voting Aye: Bettler Voting No: None Kendrick Norton Taitte In answer to several questions .from those in .attendance, Chairman Kendrick explained that it was their understanding from City Attorney that any application. for subdivision, properly submitted and meeting all requirements as specified by State Statutes must be approved.: The meeting again recessed for afew-minutes to try to contact persons previously spoken to. No response. Members continued a discussion concerning a report and recommendation to the City Commission for the rezoning of certain properties in the 2600 and 2700 blocks of Wroxton Road. A special .meeting was called for Monday, May 16,.1983, 7::30 p.m., for further consideration on Virginia Street replatting, Wroxton Road rezoning and Rules of Procedure. Upon motion duly made, carried and seconded, the meeting adjourned at 10:30 p.m., CHAIRMAN ATTEST: SECRETARY