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HomeMy WebLinkAbout08121975 ZPC Minutes REGULAR MEETING ZONING L MISSION AUGU , The Zoning and Planning Commission of the City of West University Place convened in regular session at the City Hall, 7:30 p.m., Tuesday, August 12, 1975, with the following members present: O. C. Bartholomew, Chairman, presiding; Members Roland Dahlin, Hardy LaCook, Jim Norton and H. Allen Weatherby. The Chairman ascertained that proper notice of meeting had been posted on the bulletin board at the City Hall three (3) days prior to the scheduled meeting as required by HB3, Amending ~ 625217, V.C.C. G~ Mr. John Schmidt, 3302 Robinhood, owner of South 119.2 ft. of Lot 1, Block 42 West University Place 1st Addition appeared at the meeting to discuss construction of four (4) townhouses on the above property and clarification of the following: 1. Is there a restriction against constructing garages to the front of a townhouse, and, if not, how far back would setback be to front door if townhouses face Bellaire Boulevard? 2. Can he construct four (4) townhouses on the above property and face them towards Rutgers? 3. Can he get waivers from adjoining property owners to waive side setbacks if townhouses are constructed facing. Bellaire Blvd. Mr. Schmidt was advised that in the opinion of the members of the Zoning and Planning Commission they could see no reason why he could not face townhouses on Rutgers, but that there was some question as to the interpretation of Sub-Section F.2 and F.3 concerning waiver of setbacks when a single owner was developing a single property. He was asked to submit, in writing, his questions concerning the two propositions he is considering, i.e., facing townhouses on Rutgers, side setback waivers if faced on Bellaire ,.Boulevard, and setback from Bellaire Boulevard if garages constructed in front of townhouses. Mr. Schmidt left the meeting at this time. The following letters from James L. Fletcher to Charles Cockrell, City Attorney, and Mr. Cockrell's reply to same were presented to the Commission for their information: "July 15, 1975 Mr. Charles F. Cockrell City Attorney City of West University 2405 Gulf Building Houston, Texas 77002 Dear Mr. Cockrell: I met with the Zoning and Planning Committee to get approval on two waivers on the side Je7 ~ .~ ______ setback requirements of a lot that I own in West University Place (copy of waivers enclosed). The committee informed me to contact you for approval of this form. At the meeting, we discussed whether or not I could build to the side property line by obtaining waivers from the adjacent property owners since none of the property owners will be building at the same time. The committee seemed to think that all the property owners had to build at the same time to satisfy page 3, paragraph numbered 2. I need your opinion regarding this matter so that I may draw my building plans accordingly. Thank. you very much for your time and consideration. Sincerely,, /s/ James L. Fletcher" Enclosures with letter: WAIVER KNOW ALL MEN BY THESE PRESENTS: That the undersigned owner of Lot 8 in Block 3 of Bissonnet Place, an addition to the City of West University Place, more particularly described on map and plat of said subdivision, recorded in Volume 8, Page 42, of the Map Records of Harris County, Texas, does hereby waive the side set back requirements of the West University Place Zoning and Planning Commission with respect to the following lot: Lot 7 in Block 3 of _Bissonnet Place, an addition to the City of West University Place. This waiver is to be construed as a perpetual waiver to the benefit of the owners, their heirs, successors and assigns,. of the above identified lot. /s/ Emil. Kubala STATE OF TEXAS COUNTY OF HARRIS BEFORE ME, the undersigned authority, on this day personally appeared Emil Kubala, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed it for the purposes and consideration therein expressed. GIVEN under my hand and seal of office this the 2nd day of July, 1975. /s/ E. J. Amason Notary Public in and for Harris County, Texas WAIVER 0 KNOW ALL MEN BY THESE PRESENTS: That the undersigned owner of Lot 6, in Block 3 of Bissonnet Place, an addition to the City of West University Place, more particularly described on map and plat of said subdivision, .recorded in Volume 8, Page 42, of the Map Records of Harris County, Texas, does hereby waive the side setback requirements of the West University C~ 1:f~ O ~~ Place Zoning and Planning Commission with respect to the following lot: Lot 7 in Block 3 of Bissonnet Place, an addition to the City of West University Place. This waiver is to be construed as a .perpetual waiver to the benefit of the owners, their heirs, successors. and. assigns, of the above identified lot. /s/ James L. Fletcher STATE OF TEXAS COUNTY OF HARRIS BEFORE ME, the undersigned authority, on this day personally appeared James L. Fletcher, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed it for the purposes and consideration therein expressed. GIVEN under my hand and. seal of office this the 2nd day of July, 1975. /s/ Elaine F. Canado Notary Public in and for Harris County, Texas "July 18,.1975 Mr. James L. Fletcher Suite 520 4141 Southwest Freeway Houston, Texas 77027 Dear Mr. Fletcher: This will acknowledge receipt of your letter dated July 15,..1975, enclosing copies of waivers of setback requirements signed by the owners of Lots 6 and 8, BLock 3, Bissonnet Place, in regard to the development of Lot 7, Block 3, Bissonnet Place. You advise that you have met with the Zoning and Planning Commission of the city and you were advised by such Commission to seek my opinion as to the form of the waiver and its acceptability to the present situation. I have been informed that you wish to develop Lot 7, Block 3, Bissonnet Place, by building to the side property lines. You have presented a signed. waiver by Emil Kubala, the owner of Lot 8 and James L. Fletcher, the owner of Lot 6, wherein each of the parties waives the setback requirements set forth in Ordinance Number 1025 of the city. It is my opinion that the form of the waiver is sufficient and that this is one of the type situations contemplated by Sub-Paragraph Two of Sub-Section F of the ordinance. However, the final interpretation of such ordinance is the duty of the Zoning and Planning Commission and you should make sure that you have their consent if any question is raised by the Building Inspector. Yours very truly, /s Charles F. Cockrell City Attorney 9 CC: Chairman, Zoning and Planning Commission" The specific question of waiver of side setbacks has been tendered in discussion with property owners contemplating construction of townhouses,. and it is the concensus of opinion of the members of the Commission that an interpretations of this portion of Ordinance No. 1.025 should be given to them by the City Attorney. There was also some question in the minds of the members of the Commission as to the form of waiver presented by Mr. Fletcher. The following letter was drafted to the City Attorney: "September 4, 1975 Mr. Charles F. Cockrell, City Attorney City of West University Place 2922 University ,Boulevard Houston, Texas 77005 •~, Dear Mr. Cockrell: A copy of a letter dated July 15, 1975 from Mr. James L. Fletcher to you and a copy of your answer to Mr. Fletcher dated July 18, 1975 were forwarded to the Zoning and Planning Commission for their information and reviewed at its regular meeting on Augustl2, 1975. Two. questions have arisen on which we would like your written opinion: 1. Should not the waiver be in a form so that it could be properly recorded in order to be of public notice. 2. We believe the interest of the city would be best served if the developer of a single lot were not permitted to obtain waivers concerning setback requirements from adjoining property owners. This is our interpretation of Sub-Section F.2 of Ordinance No. 1025. Since it is our opinion that the Zoning and Planning Commission does not have the authority to speak for the city in the interpretation of an ordinance, we are requesting your official interpretation of Ordinance No. 1025, Sub-Section F.2. Yours very truly, /s/ O. C. Bartholomew, Chairman Zoning and Planning Commission City of West University Place" Mr. Bartholomew reported that since the last meeting of the Commission he had met with Mayor Wallin and City Manager Whitt Johnson concerning various interpretations of the Zoning Ordinance and that the Commission has been asked by Mayor Wallin to study and make recommendations on the following: 1. PORCHES AND DECKS: Some property owners have built fences around ront pore es exten mg into the front setback creating front patios or courts. The question is whether or not this is a true porch. The chairman gave members specific addresses of examples where this has occurred. 99 2. SWIMMING POOLS: The existing single family zoning ordinance requires o rear yar to be open. Does swimming pool count or not as open space? One specific example where swimming pool is constructed, with setbacks as required, but it is adjacent to the house next door because that house extends beyond the length of the pool. Are the setbacks for swimming pools valid or should they be increased for swimming pools? 3. GARAGE AND ACCESSORY BUILDINGS:. There have been requests for ui ing permits to construct garages wit store rooms or attic spaces in garages and later the attic rooms could be made into an apartment. (Comment on this was that the single family zoning ordinance should take care of this matter. Garages or any parts thereof cannot be converted to living quarters.) 4. LOT COVERAGE DRAWING: Although the drawing currently used by the ui mg nspector is m con ormity to the Zoning Ordinance, could it be made more comprehensible, particulary in respect to rear yard interpre- tation. 5. PARKING IN FRONT OF FRONT BUILDING LINES: Some property owners are paving certain areas m t eir .rout yar s or t e purpose of parking. Should they be prohibited from parking in front of their house on their own property? 6. SIGNS: Some of the "For Lease" or "For Sale" signs appearing at this time on ~e~'aire Boulevard are in violation of the Zoning Ordinance which Limits size of signs to eight (8) sq. ft. The question is whether of not this is an antiquated ruling. It was the opinion of the members of the Commission that the ordinance as it now stands should be enforced until or unless it is amended. Mr. Bartholomew advised that a member of the St. Andrews Presbyterian Church had telephoned him about the church acquiring the 3300 BLock of Bissonnet which is just across Rutgers from their existing facility for a gymnasium and school. He stated the buildings would be used for Sunday school only. Mr. Bartholomew said he advised him that the policy in the past as far as churches were concerned. was for the church to make application and a public hearing held on the application, but that he'should contact the City Attorney for an opinion. Minutes of the regular meeting of the Zoning and Planning Commission on July 8, 1975 were approved as submitted. With no further business to come before the Commission at this time, the meeting adjourned at 10:15 p.m. ATTES ecretary Chairman