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05111971 ZPC Minutes
1U. REGULAR MEETING ZONIlJG AND PLANNING COMMISSION MAY 11, 1971 CV CO V V The Zoning and Planning Commission of the City of West University Place con- vened in regular session at the City Hall, Tuesday, May ll, 1971, ?s30 P•m•a with the following members present: Chairman E. Gene Hines, presiding; Mem- bars L. B. Bricker, M. C. Caldwell, Roland E. Dahlin, and H. Allen Weatherby. Chairman Hines advised that a permanent meeting date had not been set by the Zoning and Planning Commission. Motion by Mr. Bricker, seconded by Mr. Weather- by, that the first Tuesday of each month be designated as the permanent meeting date of the Zoning and Planning Commission. Voting Aye: All Voting Nos: None An application from Mr. C. F. Healy, 3301 Amherst, Omer, for subdivision of Lot 3, Block !t7 West University end Addition ` City of west. University Place (3301 Amherst) 1 into two (2) lots, each 50~ x 150T, both fronting on Amherst, was submitted to the Commission for consideration, Mr. Weatherby made motion that a Public Hearing be called for Tuesday, June la 1971 to consider the application of Mr. C. F. Healy for subdivision. of Lot 3, Block 4? West University 2nd Addition City of West University Place (3301 Amherst) into two (2) lots, each 50~ x 150, both fronting on Amherst. Mr. Caldwell made a motion that Mr. Weatherby~s motion be amended to read as follows: That a Public Hearing be called for Tuesday, June 1, 1971, to consider the application of Mr. C. F. Healy for subdivision of Lot 3, Block 47 West University 2nd Addition City of west University Place (3301 Amherst) 1 into two {2) lots, each 50~ x 150, both fronting on Amherst, subject to pre- sentation by Mr. Healy of a survey plat showing dimensions and location of improvements on the property. Mr. Weatherby accepted the amended motion, seconded by Mr. Dahlin, Voting Ayes All Voting Nos. None ~. Chairman Hines called attention of members to the receipt of a letter from Caudill, Rowlett and Scott, Architects, Planners, and Engineers, outl~3.ng points to be covered in a proposal from Caudill, Rowlett and Scott to the Zoning and Planning Commission with a view to updating the 1y63 study made by this Company for the City of West University Place and discussed with repre- sentatives of the Company at a special meeting of the Zoning and Planning Commission on May 5, 1971. On motion duly made, seconded anti carried the meeting was recessed until 8:00 p.m. at which time Public Hearing had been called for consideration of sub- division of a certain lot within the City. The Zoning and Planning Commission of the City of West University Place con- vened in recessed session at the City Hall, Tuesday, May 11, 1971, 8:00 p.m., with the following members present: Chairman E. Gene Hines, presiding; Members L. B. Bricker, M. C. Caldwell, Roland E. Dahlias, and°H. Allen Weatherby.. Motion by Mr. Caldwell' seconded by Mr. Dahlias, that Public Hearing to con- sider the application of Dr. Edward. C. M. Chen, lt~tb Durness, Houston, Texas 77025 Owner of Lot 1, Block 57 West University Place 2nd Addition City of Nest University Place 3323 Georgetown to subdivide this lot into three (3) lots, one (1) 50~ x 140 fronting on West- chester, and two (2) 50~ x 100 fronting on Georgetown, be opened. voting Ayex All Voting No: None Chairman Hines introduced members of the Zoning and Planning Commission to those present, and also introduced Dr. Monroe Jahns, alternate member of the Zoning Board of Adjustment, who was in the audience. The Chairman ascertained from the secretary that all legal requirements were met by publication of legal notice of the date of Public Hearing, time, place and purpose in the Southwest Argus on April 21, 1971, and that all property owners within 20O ft. radius were notified in writing of the Public Hearing. Chairman Hines stated the order of business would be as followsa 1. Person making application will be heard first. 2. Persons desiring to speak_in behalf of the application will be heard next. 3. Questions from Zoning and Planning Commission.. !t. Questions from property owners. 5. Persons desiring to speak in opposition of the application. 6. Questions from Zoning and Planning Commission. 7. Questions from property owners-. At this time all persons desiring to speak or question others were administered Oath. ~~ Dr. Chen made the following statement in behalf of his request for subdivision: First of all I would like to thank the Board for allowing me to present my plans for developing my property on Georgetown and Westchester. I want to divide my 100 x 150' lot into three 50~ x 1001 lots so that I can build three high quality single .resident dwellings in the 20,000 Dollar price range. I intend to rent these houses to professional people who could work in the University, Medical. Center, or Greenway Plaza developments. This is what I want to do -now here are my reasons for wanting to do this. My primary motive is one of profit. Now, in spite of some current thinking, profit is not a dirty word. In fact it is the fundamental basis upon which the Ameri- {.. can free enterprise system is founded, and I am not ashamed to present my pro- ~ fit motive. Here are the facts behind my financial analysis. The asking price CO for land in West University Place is $2/sq. ft. This makes my property worth °"J $30,000. If I divide the lot into two lots, each one would be worth $15,000. V The current price for houses in the area is from $20,000 to $30,000. Thus I can only spend $10,000 per unit. If I divide the lot into three, then each one would be only $10,000 and I could build $20,000 houses.. However, my profit motive is not the only one. I am willing to invest $60,000 in this neighborhood in order.. to remove an unsightly frame duplex and replace it with three modern houses which would considerably upgrade the area. This pro- po~sal would not change the population density since there is already a duplex on the lot. This proposal is not anew one, since such a division has been made on a lot on the corner of Cason and Rutgers. If the neighbors decide against this proposal, the best thing for me to do is to rent out this duplex to whomever is willing to rent it. We are very fortunate in having the Freemans living here, but when they move, the people who will. rent it may not be the type you would choose as neighbors. Friends and Neighbors, I hope you will give this matter some serious consideration. Many neighborhoods suffer a traumatic transition period when residents deteriorate. I feel that my action will help to prevent this from occuring. Remember not all changes are bad ones.. We do sincerely hope to have your cooperation in this matter. Thank you very much. Dr. Chen was asked to draw a sketch of the property on the board for the benefit of the audience and the Commission showing improvements and the .manner in which he is asking for subdivision. Questions-from members of the Zoning and Planning Commission elicited the information that there is a garage located in an area which if subdivided in the manner requested would have to be removed, that this was built as a duplex and contains 2 baths, 2 kitchens and is served by 2 water meters, but that it is being used now as a single-family dwelling unit, and that Dr. Chen~s purpose for subdivision is for investment purposes. Mr. H. E, Lott, 3509 Georgetown, and Mr. O. P. Gill, 3524 Amherst, questioned Dr. Chen as to how utilities would be provided for the lots fronting on George- town, as easements are now located at the back.. and would have to pass through the third. suggested lot which would front on Westchester. Dr. Chen replied he did not know at this time as he had not gone that far in his planning, but that he was sure these details could be worked out, Mr. Ronald Shoup, Jr., who rents the house at 3712 Rice Boulevard, requested permission to be allowed to speak in behalf of the subdivision althou h the time for thi8has been passed on the agenda. He explained that he had not ~~n aware Z that only property owners or their representatives could speak at a hearing and that he had left the meeting to obtain permission to speak as the representative of his father-in-law, Mr. Wm. M. Proudfit, owner of the property at 3712 Rice Boulevard, and that he had 3ust obtained this permission by telephone. Motion by Mr. Dahlias to reopen agenda to allow Mr. Shoup to speak in'behalf of the application for subdivision as the representative of Mr. Wm. M. Proudfit, owner of property at 3712 Rice Boulevard, seconded by Mr. Bricker. Voting Ayer All Voting Nosy None Mr. Shoup said that he did not know Dr. Chen and that he-was not planning on owning property there, but being a full time resident of the City he was inter- ested in its zoning. Also stated that he is a graduate student at Rice Univer- - sity studying Urban Zoning. He stated that zoning has suffered some blows in the last few years, and that he personally felt that the single-family concept as determined under our zoning could be challenged as it has been in certain eastern cities. He also said he had studied the Zoning Ordinance and was not aware of anyadditions that would be against this subdivision. He said there is a mini- mum lot requirement of 50t x 100 and a minimum building requirement of 1300 sq. ft., and that the request would meet the lot requirement and any construction would. necessarily meet the sq. ft. requirement. He felt easements could be planned as needed, and as Dr. Chen can meet the. other requirements he could see no reason for the application to be turned down. Chairman Hines pointed out the Zoning Ordinance also stated that the narrow side of a lot shall be considered the front. of the lot, and to subdivide in the manner:. requested would in fact be changing the front of lots. Mr. Wayne Bloomfield, 3315 Georgetown, acted as spokesman for property owners present and presented pro~r votes from other property owners protesting the sub- division. His statement and list of names is as follows r. sI am Wayne Bloomfield, and a property owner at 3315 Georgetown, I am acting as spokesman for the neighbors and property owners in the controversial area requesting authority for a three lot subdivision of Lot 1, Block 57, West Univer- sity Place 2nd. We are here in protest of this unjust request. We feel that the present zoning rules in this community should protect us from such defective practice detrimen- tal to all existing property=values. The names of those we find in protest aces Mr. and Mrs. W. A. Bloomfield ,Mr. and Mrs. Willie F. Chaney Mr. and Mrs. Jos.. A. Caldwell Mr. and Mrs. Al C.-Featherston Mr. and-Mrs. J. M. Gee Mr. and Mrs. C. W. Daeschner Mr. and Mrs. Archie Stanley Mr. and Mrs. Goode 3315 Georgt~town 3311 3301. n 3302 " 3306 3310 ~ 3316 H 3318 ~ ~' 1 CV c~ V V Mr. and Mrs. Darrell M. Morris Mr. and Mrs. L. W. Morgan, Jr. Mr. and Mrs. Gary Emerson Dr. and Mrs. Zyman Blair Mr. Aaron Dominguez Mr. and Mrs. L. Land Mr, and Mrs. Kirt Strasse Mr. and Mrs. Don Mc Crary Mr. and Mrs. Peter Licce Mr. and Mrs. J. V. Cunningham Dr. and Mrs. Ben Walpole Mrs. Earl Brownfield Mrs. Ruth Todd Mr. Walter Ackerman 3342 Georgetown 3401 3445 3406 3440) 3322 Rice-Blvd. 332© ~ (proxy vote) 3310 ~ " 3302 ~ a 3416 " ~ 330b n, a 3344 3402 ~' "' 3406 ~ " (The above instrument and all proxies are on file in the office of the City Manager.) Members of the Zoning and Planning Commission questioned Mr. Bloomfield about the usage of the house on the subject property. He stated to his personal knowledge he did not .know if the house was a duplex or used as one, but had information to this only hearsay. Dr. Lyman C. Blair, 3406 Georgetown; H. E. Lott, 3509 Georgetown; Archie Stanley, 33711 Georgetown; C. J. Wank, 671lG Rutgers, C. W. Daeschner, 3310 Georgetown; J. A. Caldwell, 3301 Georgetown; Charles Gillan, 3b20 Georgetown; and 0. P. Gill, 3524 Amherst spoke in opposition to the proposed request for subdivision for the following reasons; it would increase noise, cars, and houses, the arraa~gs- ment would lower property values by making more rent property in an area primarily home owner, and such subdivision would set a precedent that could adversely effect other areas of the City. Mrs. O. P. Gill, 35211 Amherst, requested permission to ask Dr. Chen a question although out of order on the agenda. Motion by Mr. Caldwell, seconded by Mr. Dahlias, that Mrs. Gill be allowed to question Dr. Chen at this time. Voting Ayez All Voting No None ~~ i Mrs. Gill questioned Dr. Chen as to his maintenance of the property if he were allowed this subdivision and if he would provide for off-street parking of automobiles if he built new houses, and pointing out that at this time off-street parking was not provided on the property. Dr. Chen replied that the property is in the same condition as when he bought it and no off-street parking was provided at that time. Chairman Hines submitted letters received through the mil from John K. Dozier, 3737 Nottingham, Mrs. Beverly B. Kennerly, 2907 Amherst, E. S. Bryant, 3743 Georgetown, and Mrs. K. W, Strasse, 3320 Rice Boulevard, each stating they are opposed to the subdivision and each certified by the City Tax Assessor-Collector that persons signing the letters are property owners according to the tax re- cords of the City of West University Place. Motion by Mr. Dahlias, seconded by Mr. Caldwell, that letters from John K. Dozier, Mrs. Beverly B. Kennerly, E. S. Bryant, and Mrs. K. W. Strasse, in opposition to the subdivision of Lot 1, Block 57, West University 2nd Addition, as requested, be submitted for the minutes without being read. ~~_~ Voting Ayes All ., Voting Nos None (Letters on file in office of City Manager.) Motion by Mr. Dahlin, seconded by Mr. Weatherby, that Public Hearing be closed. Voting Aye: All Voting No: None Chairman Hines pointed out that whether or not the house now located on the subject property is a duplex or not, whether it is rent property or not, or the renumeration the owner may or may not receive have no bearing on whether or not this is a proper subdivision for the City. The members of the Zoning and Planning Commission discussed population density, traffic, values of properties, size and usage of other lots in area, and whether or not this subdivision ..would retain a high single-family concept for the entire conumu~.ity. Motion by Mr. Weatherby that Application no. 71-1, by Dr. Edward C. M. Chen, Owner of Lot 1, Block 57 West University Place 2nd Addition City of West University Place 3323 Georgetown to subdivide this lot into three (3) lots, one {1) 50~ x 150 fronting on West- chester, and two (2) 50t x 100 fronting on Georgetown, be rejected. Motion seconded by Mr. Dahlin. Voting Aye: All Voting No« None With no further business to come before the Commission, upon motion duly made, seconded, and carried the meeting adjourned. Chairman Attest: 1 r~I ~l Secretary