HomeMy WebLinkAbout04101980 ZPC MinutesREGULAR MEETING
ZONING AND PLANNING COMMISSION
APRIL 10, 1980
The Zoning and Planning Commission of the City of West University Place convened
in regular session at the City Ha11, Thursday, April 10, 1980, 7:30 p.m., with
the following members present: Chairman Casey, presiding; Members Abell, Farrell,
LaCook and Norton.
The secretary read the Notice of Public Hearing, stated that Notice of Public
Hearing was published in The Suburbia-Reporter on March 19 , 1980 and Notice to
Property Owners mailed on the same date.
Motion by Mr. Farrell, seconded by Mr. Abell, that Public Hearing to consider --
application #80-2 from Mr. and Mrs. Roger Poser to replat
North- a of Lot 3 and North 2 of Lot 10
Block 35
West University -Place 1st Addition-
6528 Mercer
into one lot, be opened.
Voting Aye: All Voting No: None
Mr. Casey introduced himself and 'gave the address of his residence in the city
followed by other members of the Commission' and administered oath to Mr. and
Mrs. Poser.
Mrs. Poser explained he reason for their request was so that they might build
a residence within four (4') feet of a utility easement on the lot fronting on
Virginia St. (No. 2 of Lot 10, Block 35, WUP 1st Addition) which violated the
zoning ordinance in that it placed the residence in the rear twenty (20') feet of
said lot. In making the two lots into .one, there would be no violation of this
area. Their reasons for developing in this manner is aesthtic, leaving more open
space,.. leaving trees and the best use of the lot. Mrs. Poser stated that in the
proposed-design which she presented there would be no way anyone could build on
the Mercer St. property (no. 2 of Lot 3, Block 35, WUP 1st Addition, 6528 Mercer)
unless the proposed house was moved. She also stated that they eventually plan
to build a pool in the front area, but did not know the exact location at this
time.
The following points were explored and discussed with Mr. and Mrs. Poser:
The the (10') ft. utility easement which bisects the lot cannot have certain
structures across it and there might be a problem with Houston Lighting. and Power
concerning a proposed covered .walkway from the garage to the house which is shown
on the plans presented.
The setback fot the Virginia St. lot was discussed pertaining to requiring at,
least thirty (30') ft. front setback from Virginia St. property line in the event
the street should be opened in the future.
The Zoning Ordinance requires that a detached garage be located senty-five (75')
feet from the front property line. The plan as presented located the garage
approximately thirty-four (34') ft. from the Mercer St. front, property line, but
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discussion brought out the point that it was more than seventy-five (75') ft.
from the Virginia St. front property line and could this not be considered as
meeting this requirement.
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The location of a fence on the Mercer St. lot was discussed and with the same
concept in mond as brought out concerning the garage, they could see where
this could be interpreted-not to violate the. Fence Ordinance .pertaining to loca-
tion of fence extending beyond the main wall of the front of the house located
on said lot.
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Mr. LaCook stated that he thought the concept was good for the development of the
lots, but he still had. doubts.as.to the correct procedure for it to be imple-
mented and suggested that maybe the Zoning Board of Adjustment should. act on
setback variances, or rezoning to .a new dwelling district with differenct setbacks
should be considered..-
Members discussed the above .possibilities, including use of adjacent lots with a
common side lot line .and Mr. Norton expressed concern that if a dwelling district
consideredit might possibly get into "spot" zoning.
Motion by Mr. Farrell, seconded by Mr. Abell, that application #80-2 from Mr. and
Mrs. Roger Poser to replat
No. a of Lot 3 and No. Z of Lot 10
Block 35
West University Place lst Addition
6528 Mercer
into one lot, be approved, subject to the. honoring of setback on Mercer St. in
line with houses currently there and the building line on Virginia St. as if. it
were also a front lot line and the customary side setbacks. It is also-under-
stood that no permanent structure may be placed on the ten (10') foot ,utility
easement which besects the lot.
Discussion of the motion included wordage and definition of "permanent".
With permission of Mr. Abell, Mr. Farrell changed his motion to read as follows:
Motion by Mr. Farrell, seconded by Mr. Abell, that application #80-2 from Mr. and
Mrs. Roger Poser, to replat
No. of Lot 3.and No. z of Lot 10
Block 35
West University Place 1st Addition
6428 Mercer
into one lot, be approved, subject to the honoring of.setback onf Mercer St. in
line with houses currently there and the building line on Virginia St. as if it
were also a front lot line and the customary side setbacks.. It is also undersootd
that the Statutes regarding the t.en (10') foot utility easement which bisects the
lot must be complied with.
Voting Aye: Abell
Casey
Farrell.
Norton
Voting No: None
Mr. LaCook abstained from voting.
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Members of the Commission recommend the following interpretations of city ordinances
pertaining to this property:
1. Location of detached :garage seventy-five (75') ft. from front property line:
Since there are effect two front property lines, garage may be located as
presented on plan (approximately 349ft.`from Mercer St. lot line) as long as it
does not go beyond the setback requirement on Mercer St, .
2. Fence may be located in line with garage building line on plan as presented.
Chairman Casey advised that he had received correspondence from Mr. and Mrs. Lee
on their denial of application to subdivide a lot, which he would anscaer and submit
to the Commission for their information at the next regular meeting.
Minutes of the regular meeting_of the Zoning and Planning Commission on March 13,
1980 were approved as submitted.
With no further business to come before the Commission, upon motion-duly made,
seconded and carried, the meeting adjourned at 9:00 p.m.
Chairma
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