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HomeMy WebLinkAbout01111977 ZPC Minutes1 REGULAR MEETING ZONING AND PLANNING COP+iMLSSLON JANUARY 11, 1977 The Zoning and Planning Commission of the City of West University Place convened in regular session at the City Hall at 7:30 p.m. on Tuesday, January 11, 1977, with the following mbmers present: Chairman Bartholomew, presiding; Members Dahln, Norton and LaCook. Mr. Weatherby was absent.. The Chairman ascertained from the secretary that proper notice of the meeting had been posted on the bulletin board at the City Hall three (3) day prior to the scheduled meeting. At the regular meeting of the Commission on December 14, 1976, the Chairman was instructed to write .the City Attorney for a written opinion on the request of Mr. td. B. Lee, owner to combine two tracts of land described as follows into one tract of land: TRACT l: East 20 ft. of Lot 8, Block 22, West University Place lst Addition, 20 ft. x 120 ft., facing University Boulevard and adjacent to North 100 ft. of Lot 7, Block 22, West University Place 1st Addition, 3301 University Boulevard. 1 TRACT 2: West 50 ft. of Lot 6, Block 22, West University .Place 1st Addition, 50 ft. z 100 ft. And further requesting that TRACT 1 be designated for ingress and egress to TRACT 2 and that TRACT 2 be designated as a building site where a permit for the construction of a single family dwelling might be issued by the City of West University Place. The letter to the City Attorney from the Zoning and Planning Commission Chairman and the letter from the City Attorney giving his opinion on this subject follows: "December 20, 1976 Mr. Charles F. Cockrell, City Attorney City of West University. Place 2922 University Boulevard Houston, Texas 77005 Dear Mr. Cockrell: At its regular meeting. on Tuesday, December 14, 1976, a request was presented to the Zoning and Planning Commission concerning the combination of two tracts of property into one tract for the purpose of ingress and egress and designa- tion as a building site. We are enclosing copies of the application, request, plat and minutes of the meeting for your information. We are of the opinion that the combination of the two tracts (Tract 1 and Tract 2 as shown on the plat) would not constitute a building site under Section 23 (4) of the Zoning Ordinances. If we are to determine that the tracts should be de- signated as a building site would the Zoning and Planning Commission in fact. have ~:. the authority to create such a building site in view of building site require- ments not being met? Your written opinion of our interpretation and the limits of our authority is requested. Your opinion is also requested concerning which city body the applicant might appeal to for relief, if any, in the event,.irr your opinion, the Zoning and Planning Commission has no such authority. We would appreciate hearing from you on this matter at least a week before the next regular meeting of the Zoning and Planning Commission on January 11, 1977. ~ Yours very truly, i.f~ /s/ 0. C. Bartholomew, Chairman O Zoning and Planning Commission" ~ "January 6, 1977 Mr. 0. C. Bartholomew, Chairman Zoning and Planning Commission City of West University Place 3618 Corondo Court Houston, Texas 77005 Dear Mr. Bartholomew: This will acknowledge receipt of your letter dated December 20, 1976 in regard to an application fi9ed with the Zoning and Planning Commission by Mr. W. B. Lee. In your letter you state, "we are of the opinion that the. combination (.Tract 1 and Tract 2 as shown on the plat) wou d not constitute a building site under Section 23 (4) of the Zoning Ordinance. I bel-ieve you have reference to Sec- tion 24 (4) stating, "(4) Lot width. The minimum average width of the lot shall be fifty (50') feet for a single-family dwelling". I concur in your .opinion that the tract of land in question, if "combined" would not meet the width re- quirements. Yours letter then requests an opinion as to whether the Commission would have the right. to create such a building site. I assume that you are asking for an opinion as to the authority of the Commission to combine the tracts of land. The authority of the Commission in acting as a Planning Board is found in Sec.- tion 8, Article XXV of the Charter, wherein it provides, "the Planning Board shall be the. platting Board of the municipality; and, as such, shall have the control of the platting or subdivision of land within the city ----- "Subdivision" means the division of a lot, tract, or parcel of land into two or more lots, sites or other divisions of land for the purpose, whether immediate or future, of sale or building development". This indicates to me that when acting as a planning .body your Commission would not have the authority to combine small tracts of land into larger .tracts of land. In addition to the aforesaid tracts. of land flailing to meet the average width requirements, your attention is directed to .Section 23 of Ordinance No. 111 which provides, "the main building shall be constructed fronting on the street ~~ ~. ,: _. upon which the lot as originally dedicated fronts." Disregarding the fact that Lot 6, of which Tract 2 is the west fifty (50') feet fronts on Rutgers Street, it would be impossible in my opinion to say that any residence built on Tract 2 could front upon University Boulevard. You also requested an opinion as to which city body might afford the applicant some relief in this situation. It is my opinion that no Board or Commission of the city would have the authority or jurisdiction to grant the character of action requested by the applicant.. This is not to say, however, that the applicant could not make application to the Building Inspector for a building permit and upon refusal thereof appeal the ruling to the Zoning Board of Adjust- ment. However., I do not believe that the statutory. powers of that Board would be available to accomplish the purpose sought under the facts at hand. Yours very truly, /s/ Charles F. Cockrell, Jr. City Attorney Based on the opinion of the City Attorney Mr. Lee .was advised the Zoning and Planning Commission had no authority to act on his application for a combina- tion of tracts of land and his only recourse seemed to be through the City Commission. An application from Doy D. Myers, owner of the south one-half of Lot 2, Block 40 West University Place 1st Addition 6600 Block of Buffalo Speedway to subdivide, into two lots, each 50 ft. x 100 ft., each fronting on Buffalo Speedway, was presented for consideration. Mr. Myers was present with his attorney, Mr. Albert .Wingate. The Chairman advised Mr. Myers and. Mr. Wingate that an application from Mr. Myers for this same subdivision was presented to the Commission previously (8-10-76). Mr. Myers. was represented at that meeting by Mr. M. T. Crump, prospective purchaser of the south one-half of Lot 2, Block 40, West University Place .1st Addition. At the time of the previous application, the Zoning and Planning Commission did not accept the application for consideration becau a both owners did not join in the applica- tion. It was the opinion of the Chairman that the new application was in fact identical and therefore would not be accepted on the same grounds. All other mem- bers of-the Commission concurred in this opinion. Mr. Blake Moony, owner of Lot 3, Block 43 West University Place 1st Addition Northeast corner of Sewanee and Bellaire Blvd. presented plot plan for the construction of townhouses to the Commission for con- sideration. Discussion-and review of the plans included height of fences, location of sidewalk and setback requirements. This Preliminary submitall met all the requirements as set forth in Guidelines as adopted by the Zoning and Planning. Commission. Motion by Mr. Dahlin, seconded by Mr. LaCook, that the plot plan presented by Mr. Blake Moony, owner of Lot 3, Block 43 West University Place 1st Addition tt" O Q [J ~~ ecretary met the requirements of Ordinance No. 1025 and Guidelines for presentation of Preliminary submittal and that it be approved as submitted. Voting Aye: All Voting No: None Minutes of the regular meeting of the-Zoning and Planning Commission on December 14, 1976 were approved as corrected. It was agreed that the Zoning and Planning Commission. would prepare and spread upon the minutes of the. Commission a Resolution expressing appreciation to Mr. E. Gene Hines for his many years of service as a member and chairman of the Zoning and Planning Commission. With no further business to come before the Commission, upon motion duly made, seconded and carried, the meeting adjourned at 9:00 p.m. -~*.... Chairman r~