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HomeMy WebLinkAbout10111977 ZPC Minutes 1 l:.f~ O REGULAR MEETING ZONING AND PLANNING COMMISSION OCTOBER ll, 1g77 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,. October 11, 1977, with the following members present: Chairman Bartholomew, presiding; Members Dahlin, LaCook and Weatherby. Mr. Norton was absent. Proper notice of meeting had been posted on the bu}letin board at the City-Hall three (3) days prior to the scheduled meeting. In connection with 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 the following letter from City Attorney Charles Cockrell in anwer to a request from the Zoning and Planning Commission was. ready by the Chairman: "September 22, 1877 Mr. Mr. Mr. Mr. Mr. Zon 0. C. Bartholomew, Chairman Roland E. Dahlin II Hardy LaCook J. E. Norton H. Allen Weatherby ing and Planning Commission Gentlemen: This will acknolwedge receipt of your letter dated September lg, 1g77 rnclosing various documents in regard to an application by Susan G. Kasper and Terrance R. Dowd to sub- divide a lot. A review of the material reflects that an application was filed on July 12, 1877 and Public Hearing was called thereon for August 9, 1977. At the Public Hearing a plat bearing a surveyor's certificated date July 27, 1877 was presented to the Commission. At the August g, 1877 meeting, the Public Hearing was .held but action was tabled until September 13, 1977 and at that meeting was further tabled until October 11, 1877. You have received a demand from the applicants that they be furnished with a certificate of approval because of no action having been taken within thirty (30) days from the filing of the application disapproving the plant. Section 8 of ARticle XXV of the Charter provides, "The .Board shall approve or dis- approve_a plat within thirty (30) days fter the submission thereof; otherwise such plat shall be deemed to have been approved and a certifcate to that effect shall. be issued by the Board on demand; provided, however, that the .applicant for the Board's approval may waive this requirement and consent to the extension of such period." Article g74a of the REvised Civil Statutes of Texas also regulates this procedure. 0 It has a similar provision requiring disapproval within thirty (30) days from the filing date. It is my opinion that if and when a valid application and .plat is filed and it is not disapproved, of the thrity (30) day period is not waived, than an d: in that event, the applicant is entitled to a certificate showing the filing date and the failure. to take .action threon within the thirty (30) day period. have examined the. plats filed with this application and advise you that such plats do not meet the statutory requirements of Article 974a in several particulars, one of which is that such plats have not been duly acknowledged in the manner required for the acknowledgment of deeds and therefore could not be recorded in the office of the County Clerk. It would not be proper for the acknowledgment to be placed upon such plat after it had been filed with the Zoning and Planning Commission.. In this re- gard your attention is directed to Myers vs. Zoning and Planning Commission of the City of West University Place, et al, 521 S.W. 2d 322 (T.C.A.-Houston 1975, writ refused). If I can be of further assistance to the Zoning and Planning Commission in this matter, please so advise me. Yours .very truly, /s/ Charles F. Cockrell City Attorney" The following letter was presented to the Commission: "4127 Cason Houston, Texas 77005 October 10, 197 7 The City Planning Board The City of West University Place Houston, Texas Dear Sirs: As previously requested on September 12, 1977, we request that a certificate of approval be issued immediately for the subdivision of Lot Sixteen (16) and the Adjoining East 1/2 of Lot Seventeen (17) of FAIRHAVEN ADDJTION in Harris County according to the map or plat thereof as recorded in Volume 505, Page 66 of the Map Records of Harris County, Texas into two lots fronting Fairhaven Avenue as submitted to the Board on August g, 19.77. As submitted to the Board, the. sub- division will consist of two lots; (1) the North 63.00 feet of Lot Sixteen (16) and the North 63.00 feet of the East 1/2 of Lot Seventeen (17) of FAIRHAVEN ADDI- TION in harris County, Texas; (2) the South 57;00 feet of Lot Sixteen (16) and the South 57.00 feet of the East 1/2 of Lot Seventeen (17) of FAIRHAVEN ADDI- TION in Harris County, Texas. This request for the immediate issuance of a certificate of approval is based on and in agreement with Article XXU, City Planning and Zoning, .Section 8, Approval of plats, which stateds on page 142 of the West University Place Code, "The Board shall approve or disapprove a plat within thirty days after the submission thereof; otherwise such plat shall be deemed to have been approved and a certificate to that effect shall be issued by the Board on demand; provided, however, that the applicant for the Board's approval may waive this requirement and consent to the extension of such period." ~~ ~" The required thirty day period has passed without approval or disapproval of the submitted subdivis-ion by the Board or waiver of the stated thirty day period. and' consent to the extension of .such period by the applicants. Respectfully, /s/ Susan G. Kasper Terrance R. Dowd" ~'" il'~ .~ 1 After a discussion of the opinion from the City Attorney, Susam Kasper, the appli- cant in attendance, was advised that inasmuch as it was the opinion of the City Attorney that the application was in fact an invalid application, she had two re- couses (1) file suit in District Court or (2) file a new application for sub- division with the Zoning and Planning Commission. It was also recommended that in the event a new application is filed by Ms. Kasper and Mr. Dowd that the $25.00 filing fee be waived. In connection with .the opinion. of the City Attorney tha the application for sub- division discussed above did not meet statutory requirements of Article 974a in several particulars, the following action was taken: Motion by Mr. Weatherby, seconded by Mr. Dahlin, that application form used by the city be submitted to the City Attorney for cinsideration for revision and compliance to Article 974a and that he set out in writing the necessary requisites for a proper application, including acknowledgement of plats. Voting Aye: All Voting No: None Preliminary and final plans for the construction of townhouses. were presented by Mr. Lewis Marichal in behalf of himself and co-developer, Bob Musemache on Lots 14 and 16, Block 5 Virginia Court Addition Northwest corner of Kirby and Rice Blvd. Mr. Marichal s-taxed that essentially they propose to build four units in the same style :and architecture as they are now constructing on the southwest corner of Kirby and Rice Boulevard and that the plans presented are identical. During the study and consideration of the plans, it was noted that plans previously approved for this site for Messrs. Ziegler and Cooper from-.whom the current applicants are purchasing the property, contained an approval from-the City Commission fora curb cut on Rice Boulevard. for two guest parking spaceds on city property. A discussion as to whether or not this approval is still valid for the new applicants or if they should make re-appication to the City Commission ensued. It was determined that the submitted preliminary and final plans met all the require- ments of the Zoning and Planning Commission GUIDELINES and the ordinance governing the construction of townhouses, with the exception of the curb cut on Rice Boulevard.. Motion by Mr. Weatherby, seconded by Mr. Dahlin, that the. preliminary and final plans for the construction of townhouses on ~' Lots 14 and 16, Block 5 Virginia Court Addition Northwest corner of Kirby be approved as submitted, including curb cut for off to compliance with all building setback requirements, governing ordinance, whether or not herein specified Voting Aye: A11 and Rice Blvd. street guest parking, subject building code, or other for any subsequent construction. Voting No: None Motion by Mr. Dahlin, seconded by Mr. Weatherby, that the Zoning and Planning Commis- sion recommend to the City Commission that if the present curb cut granted is not still in force that the same size and for the same purpose be granted in connection with these plans. Voting'Aye: All Voting No: None Mr. Dah in presented a draft of a study and recommendation from the Zoning and Planning Commission to the City Commission concerning the regulation of accessory buildings within the city. Motion by Mr. Weatherby, seconded by Mr. LaCook, that the following study concerning the regulation of accessory buildings within the city be accepted, as amended, and submitted to the City Commission as a recommendation for consideration. Voting Aye: All Voting No: None "During the past seven years, members of the Zoning and Planning Commission have continually received questions about the city;s law regulating the occupancy of accessory buildings, specifically garage apartments. It is our understanding that the meaning and application of this law have long presented problems to the City .Manager, City`Attorney and the City Commission. Our research indicates that current city law and policy concerning the occupancy of garage apartments are based on inferences and exclusions, that is, omissions from the Zoning Ordinance. It is our opinion that in the absence of a clear statement of the law on this subject, the current law is both vague and confusin. The current law is therefore difficult to administer and to enforce and furnishes no guidance to citizens wish to know and to obey the law. It is further our opinion, based on our observation, that because of the vague and con- fusin nature of the current law, it is being violated all the time and more and more garage apartments are being illegally occupied and. rented. In our opinion economic, environmental and enrgy factors will bring growing pressure to increase the density within the City of West University Place. These violations subvert the overall plan for the city, cause realtors to make inaccurate statements of the }aw, sidesteps the prescribed subdivision procedures, are unfair to citizens who try to ascertain and abide by the law, and cause citizens, through their duty elected officials, to lose control of the planned development of the city. In our opinion these violations and this trend are contrary to the desire of the majority of citizens and to the objectives stated in the preamble to Ordinance Number 111, which says in pertinent part: 'Whereas, it is the desire of the residents of the City of West University Place and the Council thereof to preserve the present residential character of the city and the public improvements therein to prevent congestion and to promote and provide for the health, safety, convenience, comfort and general welfare of the citizens thereof.' After a study of this problem, the Zoning and Planning Commission recommends: 1. The amendment of the zoning ordinance of the City of West University Place, Ordinance Number 111, to clarify the law of the city concerning occupancy and use of accessory buildings. ~" tr a .-.. ~~ 2. The enactment of a law clearly defining accessory buildings and pro- hibiting the occupancy of any accessory building except by servants, nurses., or medical help service assistants, employed full time on the premises. The law should define occupancy and should provide for short term guests. 3. The enactment of a law specifying a cuf-off date of January 1, 1979, after which it will be illegal for any accessory building to be occupied except as authorized by statute." Minutes of the regular meeting of the Zoning and Planning Commission on September 13, 1977 were approved as submitted. [J With no further business to come before the Commission, upon motion duly made,. seconded and carried, the meeting adjourned at 9:45 p.m. Chairman ATTEST: j ~~ , Secretary 1