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HomeMy WebLinkAbout08091977 ZPC Minutes REGULAR MEETING ZONING AND PLANNING COMMISSION AUGUST 9, 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, August 9,.1977, with the following members present: Chairman Bartholomew, presiding; Members Dahlin, Norton and Weatherby.' Mr. LaCook was absent. Proper notice of meeting had been posted on the bulletin board at the City Hall three (3) days prior to the scheduled meeting. ~ Motion by Mr. Weatherby, seconded by Mr. Dahlin, that Public Hearing called for this time to consider the application of Susan G. Kasper and Terrance R. Dowd ,~ to subdivide ~ Lot 16 and East one-half of Lot 17 Fairhaven Addition (Southwest corner of Cason & Fairhaven) into two lots, one 63 ft. x 90 ft. and one. 57 ft. x 90 ft., each facing Fair- haven, be opened. The Chairman explained. the procedure to be followed during the Public Hearing and administered the. oath to those desiring to speak during the Public Hearing. It was ascertained from the secretary that Notice of Public Hearing was published in The Southwestern Argus on July 20,'1977 and letters mailed to all property owners within a 200 ft. radius of the subject property on July 20, 1977. Ms. Kasper stated that basically she wanted to subdivide into two lots, one 63 ft. x 90 ft. anal one 57 ft. x 90 ft., with both lots facing Fairhaven. She stated she wanted to abide by all the ordinances of the city; that she wished to remain in West University Place and could only do so by subdividing the lot, building on one lot and selling the other; that she .understood her neighbors were upset because change is hard, but the city has ordinances we can live with and the subdivision would form lots comparable to lots in the area already established; that the Cason St. setback would remain 30 ft. as provided by ordinance; that .the house at Riley and West Point faces West Point; that .density is controlled by ordinance which she will be abiding by; that she is not request- ing any deviation from any ordinance; and asked that her application be approved. A telephone message from Mr. W. W. Finley,. 3521 Amherst, who owns property at 4120 Cason stating he had no` objection to the subdivision was read into the record. Mr, Weatherby asked Ms. Kasper if she could explain, in her opinion, how this subdivision would be to the betterment of West University Place, other than tax reasons. Ms. Kasper stated although it might bear on the tax question, the structure which is now on the property needs extensive repairs and that two new residences would add to the neighborhood more than the one run down structure, that the green area would remain the same; and that it was her desire to use the side of the lot as an open entertainment area. The following was established by questions from Mr. Dahlin to Ms. Kasper, that vacant property adjacent on the south is zoned commercial; that except for corner lots almost~:al l ; the. Tots ° i_n~the~.area_ a~e~50 "f t wire; :that-:.any garage built on the property would face Fairhaven; and that the request to split with one lot 63 ft wide and one lot 57 ft. wide was because of the 30 ft. setback on what is now the front or north property line. Mr. G. J. Volcklandt, 4119 Ruskin, stated that Mr. Finley whose message as having no opposition to the subdivision owned a rent house directly behind him and that it was run down and he had heard even had holes in the roof; that when he received the notice with the names Susan Kasper and Terrance Dowd he was puzzled as to who they were and that he later found they were husband and wife who are being divorced and this was part of a divorce settle- ment. He asked Ms. Kasper if this was so. She said she was asking for the subdivision in order to build on one Tot and sell the other so that she might continue to live in West University Place. (The property is deeded at this time to both she and Mr. Dowd..) Mr. Volcklandt presented a sketch he had prepared of the property pointing out sewer lines and water lines and how these utilities would have to be con- structed to serve both houses if subdivision approved and purporting to esta- blish that only very small houses could be constructed within, the setback re- quirements which could only be rent houses. Mr. Dahlin advised that the proposed subdivision did not authorize any deviation from the building code or setbacks. Mrs. Polly Kline, 4136. Cason, stated that to approve the application would set a precedent (facing residences on Fairhaven), crowd the area with other houses and tend to devalue the area. Mrs. Ann Harrison, 4133 Cason, stated that when they built their home in 1939 the owners of the corner lot (Lot 16 of the application) and the Harrisons each bought one-half (25 ft, each) of the lot (Lot 17) between them with the thought of keeping West University Place and their home from being. so crowded; that she felt it would devalue her property; that when Susan and her husband bought the property they probably were not aware the termite problem was so bad; that her husband fixed the foundation; that they did know the condition of the inside of the house; that she believed they paid $35,000 for the pro- perty and she (Ms. Kasper) could sell the property and leave the neighborhood and come out financially; that the house at West Point and-Riley which faces West Point has only one house on it. She also asked if the petition signed. by property owners in the neighborhood had been received and was advised by the Chairman that it had and would be entered into the record. She further stated that she had been told that if a Mrs. Mabry who lives across the street from the property and has rent property signed the petition, her signature and opinion would not be considered. She advised the Commission that she had fought many battles concerning rezoning in West University Place and that before Bellaire Boulevard was rezoned they fought to keep townhouses from the area and that Mr. Feldman had moved in a Mexican family with thirteen children in his house on Bellaire Boulevard to try to achieve the rezoning to commercial property. Mrs. Harrison was advised that she had been misinformed as to the Commission's ~- attitude concerning input at a Public Hearing. It was the desire of .all members that any citizen of West University Place had the right to express their opinion - owners as well as renters - and that they certainly wanted to hear from anyone interested; and that renters were as much citizens of West University Place as owners of property. Ms. Kasper advised that the foundation of the existing residence is cracked in several places. Mr. W. P. Neely, 4144 Cason, stated they purchased their home after this property was purchased and they had purchased. it not to realize any profit but because it is an excellent neighborhood, lots are well laid out; that ~,, if the lot to his side was up for division he would then have them backing Lf~ up to his property and: he would not like it; that they are. proud of West G University Place; that it is a community of good working people for many ~"~ years and they want to make their home .here; that Ms. Kasper should be in ~ sympathy with their position; and that he is opposed to the subdivision. Mrs. Hazel Pitts, 4148 .Riley, said she desired to speak but had not taken the oath at the beginning of the meeting. .The Chairman administered the oath to Mrs. Pitts. Mrs. Hazel Pitts, 4148 Riley, spoke about the new house at West Point and Riley, stating that for years there had been a small house on that lot which was torn down and a new house built and that although it is a lovely house, in her opinion, it is too large for the lot, taking in all buildable space and not leaving enough backyard room to even have a dog; and she felt the subdivision and crowding would devalue property. Mrs. Harrison interjected that Susan was a very young and attractive.. girl only recently moved here and that there is no guarantee that she would stay; that it seems hard when they have had their home all these years that some- one comes in who has been here less than two years and disrupts them so much. Mr. Joseph Fry, 4119 Cason, asked what influence the petition would have on the decision. Mr. Fry was advised ..that the petition would be entered into the record along with all other statements and evidence and given consideration in reaching a decison on the subdivision. Ms. Kasper asked .how many people signed the petition and was advised sixteen persons (10 residences) had signed it. The following communications were received-concerning this subdivision: "July 27, 1977 Zoning and Planning Commission City of West University Place 3800 University Boulevard - Houston, Texas 77005 Attention: Mr. O. C. Bartholomew, Chairman Gentlemen: We, the undersigned, respectfully request that the subdivision into two lots of the property situated at 4127 Cason, lot 16 and East one-half of lot 17, Fair- haven Addition, not be approved. We feel .that such action by the Zoning Commission would serve to establish a precedent for other lots in this area of West University Place, where such conditions do not exist. Dwellings on smaller lots would increase the density of the population which would lower the value of neighborhood. property. Thank you. /s/ Mr. and Mrs. Joseph Fry 4119 Cason Polly Kline 4136 Cason Mr. and Mrs. W. P. Neely 4144 Cason Mrs. Leona Sheinberg 4141 Cason Mr. and Mrs. William Nussbaum 4130 Cason Mrs. Ne11 Volcklandt 4119 Ruskin Y. Volcklandt 4119 Ruskin Dorothy C. Clary 4131 Ruskin Mr. and Mrs. W. L. Kimble 4105 Cason Harriet. A. Wright 4135 Ruskin Howard R. Hilton, Jr. 4121 Ruskin Mrs. Ann Harrison 4133. Cason" "August 1, 1977 Zoning and Planning Commission City of West University Place Dear Sirs: In regard to the application for rezoning of the property at 4127 Cason, we feel it would further make the area more congested. Therefore we do not favor it. Another high building is being constructed on the corner of Bellaire and West Point. No doubt parking from that building .will spill over onto West Point and Cason, because that has been happening from the other high building on Bellaire between Fairhaven and Academy. People going to that building have. been parking on Cason. Telephone workers have been parking all over the area for years, in spite of many promises that it would stop. For more than 3 years the first and second houses on Ruskin, both being behind our home on Cason, have been in the remodeling stage. The houses look terrible and so do the garages. Trash, old bathroom fixtures, old and new lumber have been thrown around those 2 houses and long West Point over and over again for these last 3 years. Its unbelievable: We don't think the residents on Cason need any more turmoil. ~: a} Respectfully yours, /s/ Mr. and Mrs. George A. Decker. 4148 Cason" Motion by Mr. Dahlin, seconded by Mr. Weatherby, that Public Hearing be closed. Voting Aye: All Voting No: None Mr. Weathery said that the Commission had discussed so called key lots and recognized some have been subdivided in this manner in other areas and asked if in the opinion of the other members this application is approved would constitute a key lot. - Other members agreed that it would. O "' Mr. Norton made a presentation with two sketches. depicting the property in question and the adjoining lot with structures as provided by ordinance and sample of structures which could be constructed if subdivided. He stated the first thing is that there are 10% to 15% large lots in West University Place as compared to 50 ft. x 100 ft. to 125 ft. lots; that the problem we have with the values skyrocketing is that we are becoming one of the more desirable areas in the Houston area; that there will be more and more pressure to subdivide more lots; that we are .fast approaching an economic climate which would destroy West University Place by filling up all the lots; that people still do not want to build two bedroom, one bathroom houses; that the trend is to fill up the. entire lot; that the garage encroaching into the 20 ft. yard suddenly becomes a two-story building; that he thinks West University Place should be very very careful of this trend; that lots such as this-will be bought and built up in West University as it now exists; that it is not a question of why this subdivision should be granted, in his opinion, every sub- division which comes before the Commission is to the benefit of owner and not West University Place;. that. we are encouraging the inevitable by subdividing; that the advantages outweigh the disadvantages of standard arrangement of residence facing street with front and back space; that the only .possible ad- vantage is to the applicant and to the detriment of the city. Mr. Dahlin said that both of his paternal grandparents are Swedish immigrants to this country, which is immaterial, also the marital status, any extraction of race, religious creed, national origin or number of children-are immaterial; that some of the things being presented are not relevant to the application before the Commission; that he thinks the potential economic gain is an ap- propriate basis to be considered, but that it is coincidental and should not be the reason for granting a subdivision; that the value of property in a given neighborhood is not necessarily an appropriate basis either; that it is not necessary for this .Commission to enhance property value, but the quality of life and enhancing of the city should be the goal; that the ambiance of a whole community. is not necessarily based on size of lots; that the value of real estate is not necessarily determined by this; that as density increases, property values go up in most of the United States and West Europe; that den- sity factors would certainly put a strain on the city's facilities but it does not necessarily push property values down; that property values on Wroxton and Albans close to the first townhouse development has increased; that possibly the townhouses do not enhance the areas but that quadrant of the city is more densely populated.; that he had seen a number of changes in West University Place ,~ the ten years he had lived here but that did not necessarily mean they had to remain unchanged forever for him to be proud of it; that if subdivision granted it would not be a typical orientation of residential property, but it would provide some relief from straight lines;. that a little variety is good;' that change is not necessarily bad; that change is unlikely to bring down or devalue property; that this is a key. lot; that the Commission has voted a number of times against permitting a key lot situation; that this is not a typical key lot; that there is a different situation where there is commerical property to the south and southeast diagonally across the street which takes it out of a typical key lot concept; that we have no way of knowing whether in the future these .would be rent or owner occupied homes; that this applicant has. just as much right to stay here as long as ;subdivision leaves a resulting piece of property which complies with all the ordinances; that one house could be built on all possible area if left undivided; that two new residences would. be two better pieces of property than the one there; that those of us who have been here less than others should not be discriminated against; and in summary, that if this is a key lot, it is an exceptional key lot because it is bounded on the south and across the street diagonally by commercial zoning; that this subdivision might enhance the barrier situation; that every action taken is a precedent but if something is a proper action, it should not be shied away from. Mr. Weatherby stated that his feeling was how this subdivision would be for the betterment of West University Place and that would be the basis on which he makes his decision.- Mr. Bartholomew stated that there had been some discussion of increasing density in the area; but the lot now in question is actually a lot and a half and two houses set on three adjoining lots which each half of the middle lot being the side yard of the.. two houses, so another house could be built. between the two houses if owned by the same person, as it exists as a buildable lot; that by' subdividing; we will not be increasing the potential density of the neighbor- hood; that key lots have been spoke of disparagingly; that key lots are not necessarily bad; that they are most desirable in some cities and have been a feature of initial planning of some cities, Motion by Dahlin that application to subdivide Lot 16 and East One-half of Lot 17 Fairhaven Addition into two lots, one 63 ft. x 90 ft. and one 57 ft. x 90 ft., each facing Fairhaven, be approved subject to compliance with all building setback. requirements, build- ing code, or other governing ordinances, whether or not herein specified, for any subsequent construction. Motion died for lack of a second. Motion by Mr. Norton, seconded by Mr. Weatherby, that application to subdivide Lot 16 and East One-half of Lot 17 Fairhaven Addition into two. lots one 63 ft. x 90 ft. and one 57 ft. x 90 ft., each facing Fair- haven, be denied. Mrs. Harrison commented that she thought the position and opinions of those in attendance should be considered. Mr. Dahlin stated that despite the comment about considering the opinion of those in attendance, which the Commission would certainly do, the Commission must represent all of the citizens of West University Place. Mr. Volcklandt interjected that the reason Mr. Finley did not object was be- cause he would request subdivision of his property if this one is approved. (The Chairman advised Mr. Volcklandt twice while he made the above statement that he was out of order that only Mr. Finley, who was not present, could pre- ,~., sent his reasons for favoring the subdivision.) Lf? O Mr. Norton said it was not his intent'to make property values as a prime factor; "~ that it had to do with spaciousness, less. density, less noise; that the funda- ~ mental basis which has made neighborhoods traditionally great is spaciousness; ~ that in New York or western Europe with .the pressures of population a' piece of property goes up in value because it is a piece of ground. Mr. Weatherby said that a later time we might possibly see a greater density on Bellaire Boulevard. Mr. Norton stated that 22% of lots in Fairhaven Addition bounded between West Point, Academy, Villanova and Cason are 60 ft. wide, plus or minus; that he believes the larger square foot area is more critical than width as viewed from the street; that subdivision of these lots would .result in crowding, that potential density is anything citizens want to make it in the future; that he hates to see it tampered with; that he could see no benefit to West University Place aside from old houses as opposed to new ones; and that he feels economic situation will solve this instead of Zoning and Planning Commission doing it. Mr. Dahlin stated that although it is not known who will build on this property in the future, there is a strong chance a young family will make. an improvement on that lot, if permitted, which will add to the quality of life. The Chairman discussed with the members procedure they desired to follow, i.e., table the application until all members were present or take a vote at this time. He pointed out that if a vote taken at this time was tied, with no de- cision made by the Commission, in accordance. with State Statutues, the application would automatically be approved. Mr. Norton, withdrew his motion for denial of the application. Mr. Weatherby agreed to the withdrawal. Motion by Mr. Dahlin, seconded by Mr. Weatherby, that application be tabled until the next regular meeting of the Zoning: and Planning Commission or to such time as all members were present. Voting Aye: All Voting No: None The following recommendation for the purchase of American Law of Zoning II was presented by Mr. Dahlin: ~:; "I wish to recommend to the Zoning and :Planning Commission that we purchase the new treatise American Law of Zoning II, if we have the authority and money to do so. If our Commission does not have the authority or money to make the purchase, I suggest that we recommend to the City Commission that they make the purchase for us. The attached newspaper clipping describes the five volume set. I have checked-with the local representative for Bancroft Whitney, Mr. Stan Putman, 10719 Fawnview, Houston, Texas 77070, telephone 469-3115, and learned that the retail sales price is $162.50 plus tax. The annual maintenance or upkeep cost is determined to be between $12.00 and $20.00. This upkeep would provide supplements and pocket parts for the .volumes. For a relatively small capital expenditure, and a small annual maintenance fee, the city could obtain a reference set which would be helpful to the City Commission, the City Attorney, the Zoning Board of Adjustment, the Zoning and Planning Commission, and-the .City Manager." Motion by Mr. Dahlin, seconded by Mr. Weatherby, that American Law of Zoning II be purchased as a reference set on zoning.. .Voting Aye: All Voting No: None A discussion concerning the occupancy and use of accessory buildings resulted in a decision to make a report and recommendation to the City Commission to amend Zoning Ordinance No. 111 to clarify the wording concerning occupancy and use of accessory buildings and .establish a cut-off date for occupancy of such accessory buildings, Minutes of the regular meeting of the Zoning and Planning Commission on July 12, 1977 were approved as submitted. With no futher business to come before the Commission, upon motion duly made, seconded and carried, the meeting adjourned at 10:30 p.m. Chairman ATTEST: