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HomeMy WebLinkAbout09101974 ZPC Minutes REGULAR MEETING ZONING AND PLANNING CONA~ISSION n SEPTEMBER 10, 1974 The Zoning and Planning Commission of the City of West University Place con- vened in regular session on Tuesday, September 10, 1974, 7:30 p.m., with the following members present: Chairman Hines, presiding; Members Bartholomew, Dahlias and Lipscomb. Mr. Weatherby was absent. The Chairman ascertained from the secretary that proper notice of meeting had been posted on the bulletin board at the City Ha11 three days prior to the d" scheduled meeting as required by HB3, Amending 625217 V. C. S. 1:f~ ~ Motion by Mr. Barthlomew, seconded by Mr. Lipscomb, that Public Hearing called ~ for 7:30 p.m. on application of Mr. H. H. Edwards, owner to subdivide Q Lot 5, Block 27 West University Place 1st Addition 6412 Sewanee be opened. Voting Aye: A11 Voting No: None Mr. Edwards stated that the property is now 100 ft. x 150 ft. and he wished to subdivide the property into two lots, each 50 ft, x 150 ft., each facing Sewanee. He also stated that part of the present structure extends into the set back which would be created if the subdivision is allowed and that it was his inten- tion to remove this portion of the building to meet the setback requirements, remodel the existing house and sell the vacant property either now or at a later date. The following letter was presented by the Chairman to be introduced into the minutes: 6415 Mercer St. Houston, Texas 77005 3800 University Blvd. September 4, 1974 Re: 74-7 Zoning and Planning Commission City of West University Place 3800 University Blvd. Houston, Texas 77005 Gentlemen: As I will be unable to attend your meeting on September 10, I wish to go on record that it is entirely satisfactory to me to grant Mr. H. H. Edward's application for division of his lot at 6412 Sewanee Vt. - legal description Lot 5, Block 27, West University lst Addition, into two lots. This °~ property adjoins mine at my back line. Yes truly, /s~' Elizabeth W. Holliday Mrs. Claxa Alice Beaver, 6421 Sewanee, spoke in opposition to the subdivision stating she did not believe it should be granted until after the encroachment into the setback had been removed, as this migfit subsequently be taken to the Zoning Board of Adjustment and a variance granted resulting in another unusual decision that would not be within the legalities of the Zoning Ordinance at this time, t~ihen questioned as to the particular "unusual" decision she referred to she stated she was referring to the property in the 3600 Block of Tangley in which the Zoning Board of Adjustment had allowed a building site with a variance of the 50 ft, frontage required by the Zoning Ordinance. The Chairman advised that the Tangley property in no way paralleled the circwn~ stances of this application, that tFie Tangley property had never been before this Board as variances did not come under its jurisdiction, and that any subR division granted by the Zoning and Planning Commission was granted "subject to compiance with all building setback requirements, building code, or other governing ordinances, whether or not specified, for any subsequent construction". This explanation was satisfactory to Mr. Beaver. Mrs. Lexie Hazlett, 6420 Sewanee, said she had come to the meeting in support pf Mrs. Beaver's oppostion, and that the explanation was satisfactory to her. (Notice of Public Hearing for the above subdivision was published in The South western Angus on August 21, 1974 and Notice to Interested Property Owners mail ed August 21, 1974.) Motion by N1r. Lipscomb, seconded by Mr. Dahlin, that the Public Hearing be closed. Voting Aye; A11 Voting No:' None Notion by Mr. Lipscomb, seconded by NIr. Dahlin, that the application of NIr. H. H. Edwards, owner to subdivide Lot 5, Block 27 Nest University Place 1st Addition 6412 Sewanee into two lots, each 50 ft. x 150 ft., each facing Sewanee, be approved subject to compliance with all building setback requirements, building code, or other governing ordinances, whether or not herein specified, for any subsequent con- struction. Voting Aye: All Voting No: None The Chairman advised the members that a meeting with the City Commission, Mr. Earle Britton of The Urban Design Team, and the Zoning and Planning Commission had been confirmed for Monday, September 16, 1974, 7:30 p.m. The Chairman presented a pha~tplet from the Houston~Galveston Regional Trans- portation, Application for AYUiua1 Recertification of the Urban Transportation Planning Process for the year September 1, 1974 through August 31, 1975, to be filed in the office of the City 1Kanager for reference. Motion by Mr. Dahlin, seconded by Mr. Lipscomb, that the Public Hearing called for 8:00 p.m. on the application of Mr. C. H. Atkins, to rezone 'd'' O A Lot 1 East 75 ft, x .125 ft. of Lot 2 West 75 ft. x 125 ft. of Lot 2 South 125 ft. of Lot 2 Block 93 West University Place 2nd Addition 3617 Bissonnet fox townhouses and/or clusterhouses, be opened. Voting Aye: All ~I ~L J Voting No: None Mr. Milton Schwartz, attorney, appeared to represent the owner, Mr. C. H. Atkins, as he had to be out of town of business. Mr. Schwartz said that he did not come armed with law books or legal precedents, but only to give Mr. Atkins' reasons why he thinks the property should be approved for townhouses. He stated the property in question is bounded on the east by Mercer Street, on the north by Bissonnet with commercial property, on the west by Poor Farm Ditch; that the south boundary would be the only one affected; that the construction of the mini~free- way was causing more traffic on Bissonnet which would probably increase in the future; that in his opinion this property was right for a change; that Mr. Atkins had long been a resident of West University and that the property had not been purchased for speculation; and that Mr. Atkins was in no way asking for a change to be made which would change the single family concept of West University or the surrounding area. Tn answer to a question from Mr. Dahlias it was ascertained that three single family dwelling lots lie on the south boundary of the property in question. Mr. Leonard Smith, 3520 Albans, asked if the house which is located on the south west corner of Lot 2 was included in the application and advised that it was. He also inquired as to parking facilities, type of structures allowed, size, setbacks, etc. The Chairman advised that the City Commission had the final authority on the type, size, and other considerations; that the Zoning and Planning Commission makes recommendations on these matters which are considered, but not necessarily all followed. He also advised that at this time there is a parking ordinance which requires parking spaces for two f2) cars .for each single family dwelling, but that in recommendations to the City Commission on certain other peripheral properties the Zoning and Planning Commission had. recommended three (3) parking spaces for each single family dwelling in in some instances with one (1) space. being designated for guest parking. Mr. Swartz said that Mr. Atkins had indicated that all parking for the develop- ment would be inward. NMr. Toz~ Axwady, xe~xesenting St. ~eoxge Orthodox Church, said that when the church received the notice of the Public Hearing, they called a trustees meeting and gave the ~natter~much serious consideration wa'th the result that they felt it would be very unwise to rezone .for townhouses because of the severe parking problem already at the churcfi premises and the Edloe Street traffic wall be making it even worse and that it would endanger the young. children coming to the church on week-days and on Sundays. Dr. William A. Attra, President, Board of Trustees, St. George Orthodox Church, stated that they understood.l~Ir. Atkins' situation and that a church is a touchy situation and that they want to act in a chrastian menner, but still have to look to the protection of their parashoners. He also said they have plans now for the addition of more parking spaces, but that at would only add seventeen (17) to twenty (20) spaces off street and was very costly. Mr. Attra also said that the Cleburne Cafeteria and Bekins across the street added to their parking problem by parking in their spaces and the trucks tearing up the streets and parking areas. He reiterated that they were in sympathy with Mr. Atkins position but for the safety of the children and the congestion of the area they are in opposition to the application. Tn answer to questions from Mr. Hines concerning freeway traffic on Sunday and if they maintain a day school, Mr. Attra said that the traffic was not a problem on Sunday and theydad not maintain a day school, but that they had many activities during the week for the yrnug children. Mr. Lipscomb asked of they had considered that the off street parking in the development would not effect their situation, but 1~h~. Attra believed the matter of visitors or guest parking would create problems. Mr. Da.hlin stated that he was curious to know what the members of the Church would feel would be an appropriate use of this property. Mr. Attra agains stated that they were in sympathy with Mr. Atkins and agreed with Mr. Schwartz that probably no one would construct a single family dwell- ing here, and with commercial use not allowed, he did not see how it could be used for anything else of value kept townhouses. Mr. Loenard Smith said he was not objecting to the development for townhouses only the possibility of adding to the parking problem and the traffic congestion. He also said the property now is in need of maintenance and that townhouses and clusterhouses would probably be more pleasing to the eye than what is now there, and if they could be assured that it would not add to the parking problem and the traffic. congestion, he thought iw would be a good idea, that in his opinion the property as not stagnating. Mr. Schwartz mad a final statement that many things had changed in West Unaver~ sity that would not have been allowed twenty (20) years ago or less; that change was inevitable with the growth around the city and the whole area, and that if that is accepted, would at not be better to rezone now for townhouses rather than to leave it vacant where it might eventually became commercial property. (Notice of the above Public Hearing was published in The Southwestern Argus on August 21, 1974 and Notice to Interested Property Owners mailed August 21, Y 1974. Preliminary Report to the City Cormnission filed August 20, 197.4.) Motion by Mr. Lipscomb, seconded by Mr. Dahlin, that the Public Hearing be closed. Voting Ayer A11 Voting No: None Motion by Mr. Lipscomb that the application of Mr. C. H. Atkins to rezone Lot 1 East 75 ft. x 125 ft. of Lot Z West 75 ft. x 125 ft, of Lott d" South 125 ft. of Lot 2 ~ Block 93 d West University Place 2nd Addition ~ 3617 Bissonnet Q for townhouses and/or clusterhouses, be approved. Motion died for lack of a second. Motion by Mr. Dahlin, seconded by Mr. Lipscomb, that action be deferred on the consideration of the above application until a Special called meeting at 7:00 p.m. Monday, September 16, 1974. Voting Aye: Dahlin Lipscomb Hines Mr. Bartholomew abstained from voting. An application from Mr. Ralph M. Scott, owner to subdivide Lot 5, Block 29 West University Place 1st Addition 6414-16 Rutgers into two lots, each 50 ft. x 150 ft., each facing Rutgers, was presented to a Power of Attorney from Mr. Ralph M. Scott, to act as his representative in all matters relating and pertaining to the partitioning of the property loca- ted at 6414'16 Rutgers. A study of the plat presented with the application showed encroachments of a garage on the north one~half and a building or living quarters on the south one-half of the boundary line which would be created if the application as presented was approved. The members of the Conunission discussed at length with Mr. Spears the peculiarities of the location of the buildings on the property. He said the plan at this-time was to remove the portion of the building on the south one~half so as to meet the setback requirements and asked advice as to how to obtain a variance to leave the garage within a few inches of the proposed boundary line. The following possibilities were pointed out to Mr. Spears: (1) He could have ~', a new survey made establigh.ing a deviation of the straight boundary line at the point where the garage on the north one-half encroaches; C2) he could request subdivision as presented in this application and later seek a variance from. the Zoning Board of Adjustment for the feet and/or inches on which the garage encroaches, which may or may not be granted; (3) he could remove the portion of the garage to meet the setback requirements if the subdivision is approved. It was also pointed out to Mr. Speers that the building on the south one- half of the property would be in violation of the Zoning Ordinance in the event of the approval of the application even though the encroachment into the setback was removed, if utilities are tied into the building and/or some one attempts to live in it, as it would be establishing living quarters within the 20 ft. back yard setback. Motion by Mr. Bartholomew, seconded by Mr. Dahlin, that a Public Hearing be called on the application of Mr. Ralph M. Scott, owner, to .subdivide Lot 5, Block 29 West University Place 1st Addition 641416 Rutgers into two lots, each 50 ft. x 150 ft., each facing Rutgers, on Tuesday, October 8, 1974, 7:30 p.m. Voting Aye: All Voting No: None A letter from the Chairman of the Zoning and Planning Commission to the Mayor and Members of the City Commission with a copy to the City Manager was pre- sented to the members and introduced into the minutes: September 10, 1974 To the Honorable Mayor and Members of the City Commission City of West University Place, Texas Dear Commission Members: This letter is in confirmation of the telephone conversation between the undersigned and Mayor Harris on the evening of September 9, 1974 in which Mayor Harris relayed the following information: 1. That the members of the City Commission after discussion of the matter in work .session meeting, do not wish to pursue the acquisition for a park site of Lots 2, 3 and 4, Block 4 Collegeview 3rd Addition as presented to you in your regular meeting o~ August 26, 1974 by the Chairman of the Zoning and Planning Commission, and that the Zoning and Planning Commission is free to act on theapplication of Mr. .Mike C. Harris for the above property. 2. That the same feeling is held by the City Commission concerning other peripheral property recommended for park sites in the Zoning and Planning Commission's Final Report of March 11, 1974, and that if appli~ cab_zon for rezon~g anyo~ these-other sites is received, action should be taken. as deemed prop~x ~ the Zoning and Qlanning Co~issaon. if the aboxe does not properly state your understanding of these matters, please contact the Zoning and Planning Co~rnnission i~runediately. Yours very truly, /s/ E. Gene Hines Chairman Zoning and Planning Commission The members of the Commission discussed at length this application including: ~. calling a Public Hearing and including Lot 1, Block 4, Collegeview 3rd Addition; L calling a Public Hearing and including Lots 1, 5, 6, 7, Block 4, Collegeview 3rd O Addition; galling a Publie Hearing and including Lots 1, 5, 6, 7, Block 4, "'~ Collegeview ~rd•Addtion and Block 1, Collegeview 3rd Addition and Lots 1, 2, 3 4, 5, 6, Block 2, Collegeview 3rd Addition„ or denying the application. Motion by Mr. Lipscomb, that Public Hearing be called for consideration of application of Mr. Mike C. Harris, owner, to rezone Lots 2, 3 and 4, Block 4 Collegeview 3rd Addition Plus 1 Lot 1, Block 4 Collegeview 3rd Addition for townhouses and/or clusterhouses. Motion died for lack of a second. Motion by Mr. Dahlias, seconded by Mr. Barthlmnew, that further action on the application of Mr. Mike C. Harris be deferred until the next regular meeting of the Zoning and Planning Commission on October 8, 1974, when all members are present.. Voting Aye: All Voting No: None. 1 The secretary was asked to inform Mr. Harris in writing of this decision. Minutes of the regular meeting of the Zoning and Planning Cwrunission on Tuesday, August 13, 1974 were submitted and approved as corected. With no further business to come before the Commission at this time, upon motion duly made, seconded and carried, the meeting adjourned at 10:20 p.m. ATTEST: Q .%~ Secretary irman