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HomeMy WebLinkAbout12101974 ZPC MinutesREGULAR MEETING ZONING AND PLANNING COMMISSION DECEMBER 10, 1974 The Zoning and Planning. Commission of the City of West University Place convened in regular session Tuesday, December 10, 1974, with the following members present: Chairman Hines, presiding, Members Bartholomew, Dahlin, Lipscomb and Weatherby. The Chairman ascertained that proper notice of meeting had been posed on the bulletin board at the City Hall three days prior to the scheduled meeting as required by HB3, Amending 6252-17 V.C.S. Motion by Mr. Dahlin, seconded by Mr. Lipscomb, that Public Hearing called for this time to consider the application of the West University Church of Christ, represented by Mr. Ira Jack Castles to subdivide Lots 4 and 5 block 91 West University Place 2nd Addition 3405 and 3408 Albans into three (3) lots, one 75 ft. x 167 ft., one 67.5 ft. x 167 ft., and one 55 ft. x 167 ft., all fronting on Albans, be opened. Voting Aye: All Voting No: None The Chairman explained the procedure to be followed and administered the Oath to all those desiring to speak either for or against the application. The Chairman ascertained that proper Notice of Public Hearing was published in The Southwestern Argus on November 20, 1974 and Notice to All Interested Property Owners living within 200 ft. of the properties was mailed November 20, 1974. Mr. Ira Jack Castles, a member of the West University Church of Christ and representing the Elders of the church, presented a survey plat of the lots in question and explained how the church desired to subdivide the lots into three (3) lots all fronting on Albans as described above. He stated that the church desired to sell the west lot which would be 55 ft. x 167 ft. to an individual and that the house on the center lot would still be used as a residence for the associate pastor and the house at the corner of Albans and Westchester would still be used for a bible study classroom. Mr. Castles explained the church planned to dismantle the existing garage which would be bisected by the line created between the west lot and the center lot if the subdivision is granted as requested. In answer to a question from Mr. Weatherby,. Mr. Castles gave the following reasons, in his opinion, why the subdivision of the two lots into three would be beneficial to the city of West University Place: (1) There is vacant property for a family to use as a new home (2) It would create a new environment on the street as a home site and (3) Add a tax property to the tax rolls. ~~. December 10, 1975 Page 2. Mr. Roy Herndon, 3315 Albans; Mr. Robert W. Goff, 3415 Albans, Mrs. Wynell Moore, 3323 Bissonnet, and Mr. H.L. Gillard, 3314 Albans, were interested in ascertaining the plans the church has for the properties as far as use of same. They were assured by Mr. Castles that the use of the two buildings .would be the same as now and stated again they planned. to sell. one of the lots which could only be used fora single family dwelling. No one objected to the subdivision, but did state they would like to see the house at the corner of Albans and Westchester returned to a single family dwelling status, and in their opinion this would improve the looks of the .street. tf" Mr. Gillard in particular raised questions as to the right of churches to ~ acquire and use contiguous property without making proper application and ~ requesting zoning changes through official channels, and specifically asked ~ if the lot at the corner of Albans and Westchester had ever been rezoned ~ for church use. Q He also stated that he had heard St. Andrews' Presbyterian Church had approached property owners in the 3300 Block of Bissonnet to acquire their property for a future school site. He was advised by the Chairman that the matter. of zoning was not in question at this Public Hearing, only the subdivision. He also stated that a few years ago, to his knowledge, this church requested they be allowed to use the house at the corner of Albans and Westchester for a foster home, but that the opposition by citizens resulted in the church withdrawing its application, and that it was his understanding under State Statutes that church~scould acquire and use continguous property so long as it was being used for church related purposes, but advised Mr. Gillard he should either contact the City Attorney or his personal attorney for advice as to the statutes on this subject. Motion by Mr. Lipscomb, seconded by Mr. Weatherby, that the Public Hearing to consider the application of the West University Church of Christ to subdivide Lots 4 and 5, Block 91 West University Place 2nd Addition 3406 and 3408 Albans be closed. Voting Ayer All Voting No: None Motion by. Mr. Dahlin, seconded by Mr. Bartholomew, that application to subdivide Lots 4 and 5, Block 91 West University Place 2nd Addition 3406 and 3408 Albans, into three. (3) Lots, one 75 ft. x 167 ft., one 67.5 ft. x l67 ft., and one 55 ft. x 167 ft., all fronting on Albans, be approved subject to compliance with all building setback requirements, building code, or other governing ordinances, whether or not herein specified, for any subsequent construction. December 10, 1974 Page 3 Voting Aye: All Voting No: None Motion by Mr. Dahlin, seconded by Mr. Weatherby, that the Public Hearing scheduled for 8:00 p.m. to consider the application of Robert Speer, acting by power of attorney for the owner, Ralph M. Scott, to subdivide Lot 5, Block 29 West University Place 1st Addition 6414-6416 Rutgers, into two lots, both to front on Rutgers, as follows: NORTH TRACT: BEING a parcel or tract of land out of Lot 5, Block 29, West University Place 1st, according to the map thereof recorded in Volume 444, Page 560, of the Deed Records of Harris County, Texas, and being more. particular described as follows: BEGINNING at an iron rod marking the Northeast corner of Lot 5, same being the Southeast corner of Lot 6, and same also being :n the West line of Rutgers (60' wide); THENCE, Southerly along said West line of Rutgers, a distance of 50 feet to a railroad spike marking the Southeast corner of the tract herein described; THENCE, Westerly, .parallel to the North line of said Lot 5, a distance of 120.3 feet to a spike for corner; THENCE, Southerly, parallel to the East. line of said Lot 5, a distance of three feet to a spike for corner; THENCE, Westerly, parallel to the North line of .said Lot 5, a distance of 29.7 feet to an iron rod marking the Southwest corner of the tract. herein described. Said point also being in the West line of said lot 5; THENCE, Northerly, along said West line of Lot 5, a distance of 53 feet to an iron pipe marking the Northwest corner of the tract herein described and of said Lot 5. Same point also being the Southwest corner of Lot 6; THENCE, Easterly along the common line between Lots 5 and 6, a distance of 150 feet to the place of beginning. SOUTH TRACT BEING a tract or parcel of land out of Lot 5, Block 29, West University Place 1st, according to the map thereof recorded in Volume 444, page 560, of the Deed Records of Harris County, Texas, and being more particularly described as follows: BEGINNING at an iron rod marking the Southeast corner of Lot 5, same being the Northeast corner of Lot 4, and same also being in the West Line of Rutgers (60' wide); December 10, 1974 Page 4 THENCE, Northerly, along said West line of Rutgers, a distance of 50 feet to a railraod spike marking the Northeast corner of the tract herein described; THENCE, Westerly, parallel to the North line of said Lot 5, a distance of 120.3 feet to a spike for corner; THENCE, Southerly, parallel to the East line of said Lot 5, a distance of 3 feet to a spike for corner; ~+ THENCE, Westerly, parallel to the North line of said Lot 5, a distance of 47 i.T feet to an iron pipe marking the Southwest corner of the tract herein described ~ and of said Lot 5. Same point also being the Northwest corner of Lot 4; `~ THENCE, Easterly, along the common line between Lots 5 and 4, a distance of Ga 150 feet to the place of beginning. The Chairman ascertained that proper Notice of Public Hearing was published in The Southwestern Argus on November 20, 1974 and Notice to All Interested Property Owners living within 200 feet of the property was mailed November 20, 1974. Mr. Speers explained that after the subdivision was granted to divide this lot into two equal lots, he made application to the Zoning Board of Adjustment to be allowed to leave the existing garage 1 ft. 11 inches in to the side setback created by the subdivision, but that his request was denied, therefore, he made another application to the Zoning and Planning Commission to subdivide the property by jogging the line in order to meet the setback requirements in accordance to the plat presented and the above descriptions. He reiterated that a portion of the building attached to the garage on the south would be removed to meet the setback requirements. Motion by Mr. Lipscomb, seconded by Mr. Dahlin, that the Public Hearing be closed. Voting Ayer All Voting No: None Motion by Mr. Lipscomb, seconded by Mr. Dahlin, that the application from Mr. Robert Speer to subdivide. Lot 5, Block 29 West University Place 1st Addition 6414-16 Rutgers into two lots, both fronting on Rutgers, as described above, be approved, subject to compliance with all building setback requirements, building code, or other governing ordinances, whether or not herein specified, for any subsequent construction. Voting Aye: All Voting No: None The following letter was read to the Commission for their information: '; December. l0, 1975 "Mr. Whitt F. Johnson, Manager City of West University Place 3800 University Boulevard Houston, Texas 77005 Page 5. Reference: South 1/2 of Lot 5, Block 29, West University Place 1st 6416 Rutgers Houston, Texas Dear Mr. Johnson: In accordance with our recent conversation, I wish to purchase the above property, subject to subdivision of Lot 5 into two lots. It is my purpose to construct a primary dwelling on this property at or about two years from this date, subject to some degree on economic conditions, including interest rates. During this interval, it is my wish to occupy the present structure which is near the west end of the lot. Lt is my intention to maintain this building as well as the grounds, in a respectable and presentable manner consistent with the standards of West University Place. Accordingly, I respectfully request permission for installation and use of the appropriate utilities in order to qualify this property as a dwelling during the aforementioned period of time. Thank you for your consideration in this matter. Sincerely, /s/ Marvin M. Romsdahl, M.D., Ph.D. Associate Professor of Surgery The University of Texas System Cancer Center" It was the opinion of all members of the Commission that the above request is not within the responsibilities of the Zoning and Planning Commission, there- fore no action should or could be taken by the Zoning and Planning Commission. Application from Southwestern Bell Telephone Company to rezone. Lots 5 and 6, Collegeview 1st Addition 4019 and 4023 Ruskin Street for parking, was presented to the Commission for their consideration. Discussion of the application covered. the following: should a public hearing be called by this particular Zoning and Planning Commission inasmuch as there is a possiblity a new Commission will be appointed before such date a public hearing could be held, thereby creating a situation where a new Commission would have to act on action begun by the present Commission; the Chairman advised the City Commission had called a joint public hearing of the City Commission and the Zoning and Planning Commission for January 14, 1975, which is the regular scheduled meeting date of the Zoning and Plann- ing Commission and. consideration should be given as to whether further discussion or action should be taken at that date or postponed. until the 1 1 ~V ~t 1 Page 6. December 10, 1974 next meeting; should all matters concerning this application be tabled for consideration by a new Commission. Motion by Mr. Dahlin that the application. of Southwestern Bell Telephone Company to rezone Lots 5 and 6, Collegeview 1st Addition 4019 and 4023 Ruskin Street 0 Ca for parking, be accepted for consideration. Mr. Weatherby seconded the above motion, but asked that it be amended "for further discussion at the next regularly scheduled meeting on January 14, 1975 and that Mr. Knight be asked to attend this meeting". Mr. Dahlin accepted the amendment. Voting on motion and amendment: Voting Aye: All Voting No: None At the request of the City Attorney for a recommendation of "Family" to be used in amending Zoning Ordinance No. 111, it was the unanimous decision that the Zoning and Planning Commission reaffirm its position as stated in the minutes of July 9, 1974, and recommend that"Family" be defined in the language as used in the Supreme Court decision titled, Village of Belle Terre, et al, Appellants, vs. Bruce Borass, et al, decided .April 1, 1974. Although the language seems repetitive, it was felt this helped define it more specifically: 1. One or more persons related by blood, adoption, or marriage, living and cooking together as a single housekeeping unit, exclusive of household servants. 2. A number of persons but not exceeding two (2) living and cooking together as a single housekeeping unit though not related by blood, adoption, or marriage shall be deemed to constitute a family. 1 The secretary was .instructed to advise the City Attorney of this recommendation. The Chairman reminded the members of the Public Hearing of the Zoning and Plann- ing Commission and the City Commission called for January 14, 1975, to consider the application of Mr. C.H. Atkins to rezone. 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 for townhouses and/or clusterhouses. __~~ December 10, 1974 Page 7. Minutes of the following meetings were presented for consideration and approved as submitted: Recessed Special Meeting, September 30, 1974 (Re-submitted) Regular Meeting, October 8, 1974 Regular Meeting, November 12, 1974. With no further business to come before the Commission at this time, upon motion duly made., seconded and carried, the meeting adjourned at 9:15 p.m. Chairman ATTEST %~~3 Secretary .~