HomeMy WebLinkAbout08141980 ZPC Minutes50
REGULAR MEETING
ZONING AND PLAPdNIPNG COMMISSION
AUGUST 14, 1980
The Zoning and Planning Commission of the City of West University Place convened
in regular session at the City Hall, Thursday, August l4, 1980, 7:45 p.m., with
the following members present: Vice-Chairman Farrell, presiding; Members LaCook
and Norton.
The Chairman ascertained from the secretary that notice of meeting had been post-
ed on 8-8-80 and notice of amended agenda posted on 8-11-80, 11:35 a.m., meeting
requirements of posting at least three days before a meeting.
Mr. Bob Bergin, 2604 Talbot, appeared before the Commission and asked that they
consider accepting another application to subdivide
East 114 ft. x 100 ft. of Lot 6
Block 13
West University Place 1st Addition
6402 Belmont.
He explained that an application from Mrs. Eloise Lee to subdivide this property
was denied by the Commission a few weeks ago (3-13-80), but that he wanted to
state that if subdivided he planned to purchase one-half of the lot on which to
build a house for his daughter and son-in-law and the Lees planned to build a
house on the other half. He also stated that he lived on a corner lot which was
a 50 ft. lot and there were other 50 ft. lots all over the city, therefore, he
could not see why this particular lot could not be subdivided into two 50 ft. x
ll4 ft. lots.
Mr. Farrell asked „the secretary to explain the requirements for accepting an
application for a subdivision on one which had previously been denied. She.
explained that the procedure for the Zoning and Planning Commission requires
that there be a "substantial change in the circumstances affecting such pro-
perty since the prior decision on the same piece of property and said changes
shall be presented by the applicant". It was also stated that interpretation
of "substantial" change could be open for interpretation; that on .the occasion
of the Lees application. for subdivision, although. a previous Commission had denied
the subdivision on application of former owners, their application-had been accept-
ed because of a change in ownership and to givem them an opportunity to present what
evidence they might. have affecting the property.
Mr. LaCook briefly gave a history of the lot as far as request for subdivision,
stating that a previous Commission had denied the subdivision to two brothers who
owned the property and this .Commission denied the subdivision .application from the
Lees..
Mr. Farrell advised that during the public hearing .two residencts spoke for the sub-
division, 5 against, and written communications showed 3 for, 4 against and that
the application was denied by a vote of 4 ,:with Mr. Casey abstaining, and that
there were no grounds from his point of view which would warrant a rehearing..
Mr. LaCook stated that he voted against it before and after receiving the agenda
for this meeting he had gone by the lot again and in his opinion it is a very
nice lot with trees which would not have to be removed to construct a single family
dwelling and is a very marketable lot as it stands.
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Mr. Begin asked Mr. Norton if he would also vote agains it again and he stated
that he would. He explained that from the viewpoint of the Commission they-must
look at subdivision and make decision in the best interest of the City of West
University Place. He further stated that traditionally planning includes a mix-
ture of various .sized lots which helps the environment, regulates density and that
they do not subdivide lots for montary advantages or disadvantages, if this happem-
ed there would. inevitably come a time when all the lots in the city could be 50 ft.
lots and that the burden should be on the applicant to provide an overriding reason
to subdivide.
Mr. Bergin asked Mr. Farrell if his vote would remain against the subdivision and
he advised that it would.
Mr. Bergin thanked the Commission members for their time and left the meeting
at this time.
Mr. Donald Kirkland, representing Westover Corporation, and Mr. Bob Atkinson,
planner, appeared before the Commission with final plans for the construction of
Q townhouses on
Lots 1 ~ 2, Block 4
West University Place 1st Addition
3100 Block of Bellaire Blvd.
Northwest corner of Vanderbilt and
Bellaire.
Members of the Commission reviewed the plans with Messrs.
referring to motion accepting preliminary plans presented
July 10, 1980 which approved preliminary plans "subject t~
Chief concerning access to units for firefighting without
in the rear north units, subject to submittal of drawings
and setbacks and modification :of fence line".
Kirkland and Atkinson
at the meeting on
~ approval by the Fire
the five foot separation,
showing property lines
The. following letter form Fire Chief Ben Wilcher was presented for review:
"July 15, 1980
Zoning and Planning Commission
City of West University Place
Gentlemen:
At your rec{uest, I have reviewed the preliminary plans submitted for the
construction of twelve townhouses on
Lots 1 ~ 2, Block 4
West University Place 1st Addition
3100 block of Bellaire Boulevard
Northwest corner of Bellaire and
Vanderbilt.
I can see no problem as far as entry of fire fighting apparatus nor the laying
of lines on the site. There is afire plug located at the northwest corner of
Bellaire and Vanderbilt. The interior street and cul-de-sac allow more than
enough manuevering room for entry and exit. The layout of he adjacent project
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with the driveway directly west of this project make it even more accessible
if access was .needed from that direction.
Wooden fences present no problem for fire fighting as an entry can readily be
gained through them.
The north (rear) section of the project could be reached from the adjacent drive-
way or from Vanderbilt St. and the twenty foot setback is more than ample for the
laying of lines.
Respectfully submitted,
/s/ BEn F. Witcher
Fire Chief'
Discussion included the above letter which showed no objection from the Fire Department
in not requiring the five foot separation as outlined, plot plan meeting require-
ments of motion and setback requirements in accordance to Ordinance nO. 1025.
Mr. Atkinson also stated that the swimming pools shown on the drawings. wereonly
architectural "pretty up" and that they did not plan any swimming pools for the
project, but if requested by a specific owner any pools constructed would adhere
to the city's swimming pool code.
Motion by Mr. Norton, seconded by Mr. LaCook, that plans for the construction of
twelve townhouses on
Lots 1 ~ 2, Block 4
West. University Place 1st Addition
3100 block of Bellaire Blvd.
Northwest corner of Bellaire and
Vanderbilt
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be approved, subject to compliance with all building codes, or other governing
ordinances, whether or not herein specified, for any subsequent construction,
and specifically contingent that any swimming pool construction would comply with
all city ordinances.
Vesting Aye: All
Voting No: None
The secretary was instructed to attach-a copy of the letter from Fire Chief
Wilcher to each approved plan to become apart of the package approved.
Minutes of the regular meeting of the Zo~ing and Planning Commission on 'July 10,
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 8:40 p.m.
t ,
~, .~
Chairman