HomeMy WebLinkAbout10231969 ZPC Minutes
REGULAR MEETING
ZONING AND PLANNING COMMISSION
OCTOBER 23, 1969
The Zoning and Planning Commission of the City of West University Place met in
regular session at the City Hall, Thursday, Octber 23, 1969, 7:30 p.m., with the
following members present: Chairman David Hannah, presiding; E. Gene Hines, R. C.
Hilton, H. E. Lott and L. B. Bricker. City Attorney Charles Cockrell was also
present.
The Invocation was given by R. C. Hilton..
Mr. Hannah stated that because of the interest shown in the request of the West
University Church of Christ to establish a Foster Home at 3406 Albans in the
interest of time no other business would be on the agenda for this meeting. Mr.
Hannah then introduced Miss Sarah Wesatke and Mrs. Katy Damon, representatives of
the Southwest Argus.
Mr. Hannah read the following letter dated August 26, 1869, signed by Mt. Trent
meaders for the Elders of the West University Church of Christ, 3407 Bissonnet and
addressed to Mr. David Hannah, Chairman, Zoning and Planning Commission, City of
West University Place:
August 26, 1969
Dear Mr. Hannah:
We have been advised by Mr. Whitt Johnsor~o address a letter to you
in connection with the property located at 3406 Albans (legally des-
cribed as Lot Five (5), Block Ninety-One (91), West University Place
Second Addition . The West University. Church of Christ has recently
purchased this property, and we desire to use this residence as a home
for foster children.
The house would be occupied by a normal family, and would have, from
time to time, foster children also living in the home as part of this
family. The largest number of children that would ever be living in
the home would be six, which would include any children belonging to
the parents who live in the home. The children would be placed in
the home throughthe Christian Child Help Foundation, a licensed agency
supported by the Houston Area Churches of Christ. These children
would be attending public schools and participating in activities, just
as the children of any other family.
We would appreciate your advising us of the next regular meeting of your
Board, so that we might have a representative present to discuss this
matter with you, and to learn what action the church needs to take to expedite
matters. Thank you for your consideration of this request.
Yours very truly,
~s~.Trent Meaders
(Messrs. Trent Measders, Dr. James Howler, John Bruton, and Jack Castles, all
members of the West University Church of Christ,. and as a committee representing
said church, appeared before the Zoning and Planning Commission, September 11, 1969,
requesting information as to procedure to follow to establish a foster home under
the sponsorship of the West University Church of Christ.
After their presentation, Mr. Hannah thanked the committee for appearing and ad-
vised that the Commission would consider all information and advise by letter if any
~'.
action was required from the Zoning and Planning Commission in respect to compliance
with the single-family dwelling requirement of the Zoning Ordinance of the City
of West University Place.)
Mr. Trent Meaders, 8910 Stroud, addressed the meeting, stating they were not aware
that the community would be at this meeting, and that when this project was under-
taken they did not think they had a zoning problem and still did. not think so. He
quoted the Zoning Ordinance definition of family as "A family is any number of indi-
viduals living together as a single housekeeping unit.", and .said that is .exactly
what they plan to do at this house.
Mr. John Bruton, 5111 Humming bird, representing the West University Church of Christ
made the following statement: I attend the West University. Church of Christ. Our
~" proposal was not to arouse anyone or make anyone overly concerned with what we plan
~ to do. We had in mind the establishment of a benevolent home to take care of home-
~ less children, 12 to 13 years of age who did not have familites but from some mis-
~ fortune needed help. There are several ways to do this. We selected the foster home.
~ We would approve a family that would live in this house along with their children and
have up to six (6) children under their direction and make a home for them. This is
no different from any of you who might have children or foster children of your own.
We do not plan this for ar~rthing that is not acceptable to the neighborhood and that
would not fit into the social area, or that we would see would be objectionalbe to
the neighborhood or in violation of the Zoning Ordinane. Mr. Meaders has just read
the Zoning Ordinance definition of a "family". We want to be good citizens and
members of the community.
Mr. C. F. McElhinney, 3407 Albans, speaking in behalf of a group of citizens who
oppose the establishment of a foster home, made the following statement:
October 23, 1969
Zoning and Planning Commission
City of West University Place
Gentlemen:
I am Charles F. McElhinney and reside with Mrs. McElhinney at 3407 Albans
Road. This statement is offered on behalf of ourselves and many of our
neighbors on Albans Road.
In late September, we were shocked to read in our neighborhood newspapaer
that the West University Church of Christ had discussed with you a proposal
to establish a foster home at 3406 Albans Road and possibly also including
3408 Albans Road. We immediately filed written objection with ..your Commi-
sion and Iam sure that you have received similar letters and telephone
communications not only from residents on Albans Road but from other parts
of our City as well.
Soon after our initial objections, representatives of the Church of Christ
met with a few of us. As we understand their proposal, the church would
move a husband and wife into the residence along with six children. The
six children would include the couple; natural children, of any; the re-
mainder would be assigned by the church, and an allowance would be made for
theme support.
We strongly oppose the proposal for the following reasons:
(1) The proposed foster home or homes do not constitute
single-family residence as commonly understood and
as specified by our zoning restrictions..
Let us examine the proposal. First, a couple to be selected
by the ,church would move into a residence, rent-free, to operate
the facility. Notwithstanding possible regular employment else-
where, this makes the family part-time employees of the church...
They .have not moved in for normal residential purposes, but to
operate a facility for the church.
Next, children would be assigned to live with this family. This
is not a "single-family" situation. Single families create their
own children. Incidentally, it maw be noted that the residence
under discussion has 3 bedrooms and a single full. bath upstairs.
(There is a downstairs "powder room".) This would seem to re-
quire 3 children in each of 2 bedrooms - more of an institutional
than a home situation.
Further it is contemplated that the church would make a cash allow-
ance, or equivalent, to the supervising couple to defray the cost
of food and other care for the foster children. This. is, in effect,
running a boarding house. The fact that it may also be a welfare
agency is immaterial. It is NOT single-family occupancy.
(2) The proposed agencey is not needed in West Universit Place.
There are no children in West University Place requiring the
establishment of a foster-home. The proposal contemplates im-
portin children from elsewhere and intruding a non-residential
activity into a neighborhood of private homes.
(3) It is not a necessary activity of the church.
There are those who would suggest that the activities. of our
churches are not subject to the same constraints which apply to
others. Insofar as regular worship services are involved, we
concede this principle. However, operation of a foster-home
does not fall within this exemption. Some churches own office
buildings, some own stores, some provide shelter for indigents;
all are involved quite properly in some form of good works --
but this does not qualify the operation to be conducted in a
restricted neighborhood.
In summary, we submit that the establishment of a foster-home on Albans Road
would constitute a clean and significant violation of restrictions requiring
single-family residence, that there is no overriding public necessity in the
City of West University Place which would call for exception to zoning re-
restriction, and that the activity in question does not come within the common-
ly accepted necessary functions of a church and merits no special considera-
tion on religious grounds.
The proposed facility would be a cancer introduced into the living fiber of
our residential community. As with other cancers. it would-spread insidiously,
weakening and ultimately destroying the protective zoning restrictions upon
which all of us in the community have for so long relied.
We call upon the church to abandon this unfortunate proposal. Should it be
pursued we call upon our Zoning and Planning Commission and upon the Mayor
:,
and Commissioners to reject it and to preserve the strict single-family
residence concept which has made this city `the attractive place to live which
it now is.
Respectfully submitted
~s~ C. F. McElhinney
3407 Albans Road
cc: Mayor and Corrzmissioners
City Manager
City Attorney
Representative of W. Univ. Church of Christ
~ Mr. McElhinney: There may be other citizens who would like to make some remarks
at this time.
~ Vincent O'Brien, 2720 Quenby: It has been indicated .that they wish to use this
V residence as a home for foster children and they indicate further it would be a
normal family and that children would be placed in the house from time to time.
They have not indicated what licensing agency (informed from committee that it
is a State licensing agency.) The State of Texas, Department of Public Welfare,
indicates the homes are called "agency boarding homes". They have labelled it
a foster home wherein it would be a "agencyboarding home"; and I think 'this puts
it in the boarding home classification in West University Place. There has been
no indication if the house itself meets the minimum standard as required by State
Licensing Agency. The Zoning Ordinance further defines "single-family dwelling"
as "A detached building having accommodations for and occupied by only one family".
The courts have held that a "family" must have a head of the house and he shall
be the one who maintains care and control of occupants of-the house.
The following are the minimum standards for "boarding homes":
1. The agency that places the children has the right to remove the children at
its discretion and would make monetary contribution.
2. Maximum of 6 children under 14 years of age, but can there be children
over 14 years of age?
3. Foster parents must be composed of a mother and father at least 21 and
not over 70 years of age.
4. Foster parents shall have an income to maintain themselves without depend-
ing on agency. There is no indication hereof the salary of the family.
5. Head of family shall have maintenance, care and control of all. living
in house, exclusively.
6. They shall inform the agency when they want to take the children overnight
or out of town.
7. When foster parents are gone over night or longer they must inform agency
who will be in homes.
8. Visiting by child's relatives shall be arranged by agency.
9. Shall not be over-crowded living space, approximately 4,000 sq. ft. I am
not sure this house will meet these requirements. Sufficient information
should be given to the Zoning. and Planning Commission showing this house
meets .the physical .standards of the State Welfare Agency.
They say this will be a normal family. I have no axe to grind with children being
brought into foster homes. The purpose of a foster home is taking children out of
an unhealthy situation to put him ina temporary favorable situation until a
permanent solution can be found for the child. This is not a normal situation or
f ~.i
family. The control is in the agency,. not by the parents who have custody. Said
children would be going. to schools and engaged in normal activities. The agency
requires that all children between the ages of 6 and 14 attend school. But
children with physical disabilities may be placed in this home and they would be
unable to attend school.
We really do not have enough information to counter the request. I am just trying
to give some information --,that this is an agency"boarding home" and that is
directly opposed to single-family dwellings, where the head of the family has ex-
clusive maintenance, care and control of home and persons in home. Thank you
very much..
Vincent Froman, 6624 Brompton: I a;m a disinterested party. I thin an example
like this of a body in our community trying to live up to christian principles
and willing to support them with their monies should be encouraged to carry out
that principle. The City of West. University Place is capable of controlling
this situation. The restrictions could be amended to give these children a nor-
mal home. I want to encourage this kind of unselfishness by an establishment.
Our young people ask to see that. I think these people are trying to do this -
give children a christian upbringing, and should be encouraged.
Denton Kernodel, 3521 Nottin~han: I warrtto emphasis the point of the normal
family. Bringing in a foreign element or children would not necessarily con-
stitute an abnormal family. There are a lot of people here who have adopted
children or habe foster children. I am saying this to bring out one point. We
are trying to make a permanent home, although the age limit is 14, we hope to
take children young enough to mold their christian principles and keep them through
their formative years. If the children adjust right, as they have. in many other
areas where the Church of Christ has foster homes, the child stays and grows up
to become a normal human being. How close do you live to this situation? I
live two blocks from this proposed home and my children can play with these
children and I trust the situation we are attempting here. All state regulations
will be met. We only have one bath room and we will add another. We will do
all it needs to meet the requirements making a place to bring children and m.aking~
a home for them just like adopting children or bringing them into a normal home.
I feel this is work of a church if there ever was to'"take care of widows .and
orphans".
Tom Massengill, 4116 Albans Rd: I am a member of the West University Church of
Christ and a tax paying citizen of West University Place for 12 years. I am dis-
appointed in the citizens of West University Place in not having faith of Elders to think
we would do anything to deter property values in West University Place. We are
doing every-thing to keep from it. We are able to take care of all the requirements
of the State Welfare. We have budgeted to meet all requirements of the State. We
will see to it for our own benefit as well as for the benefit of members of the
congre-gation and community in which we worship that this home will be an asset
to the community.
John Dozier, 3737 Nottingham: I have lived at this address since 1949 and pre-
vious to that at 2628 University since 1930. As a citizen I have appeared before
this Board numbers of times against breaking of the Zoning Ordinance, that is the
reason L built and. live out here. I do not. think that any of us as citizens of
this community object to the principle of this church for have a foster home; I
think we all believe in taking care of those unfortunate enough to need help. We
have no objection. I belong to the St. Mark's Episcopal Church, and I could very
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well see that we could allow this home and my church-could also ask for the same
thing, The West University-Baptist Church would want to do the same thing and
then you would have several homes in West University Place. It is not as we
commonly think of taking a foster child into a home. We could allow this with
the hope it would not happen any other place, but human nature would not do
this. The Rotarys, Lion, etc., may make requests for homes. Unfortunately,
in the wrong places. I am opposed simply because it would be breaking of an ordi-
nance. St. Mark's started to build and the City Council said no - the property
was not zoned for church use. Eo we could not do it. I think we~should stand on
the ordinance just as we have been through the years. and been so fortunate to
have through the years.
~ Earline Taylor, 6117 Annapolis: I live about as far away from the Church of
~ Christ as you can get and still be in West University Place. I am not con-
~ cerned with the Church of Christ or Christianity or its ideas. I do not see
~-j the reason for bending our ordinance for a church institution. We had a college
U student living with us this past summer and when_~I called to find out if she
V could participate in the city activities, such as the swimming pool, I was told
only if I was with her and she came as my guest. If we apply these restrictions
to the citizens we certainly should apply them to anyone else who comes in.
E. C. Noble, 3511 Albans Road: I am opposed to the foster home.
Floyd Mur hy, 3515 Albans Road: I apologize for nay misuse of language, which may
have offended any Jewish person or any other of any religious group. Obviously,
what we feel and what we oppose is that there will be a sub-station orphanage at
this address. You would have to have exactly the right person to be in charge.. of
the children. You could have a situation which could be unfortunate. The oppos-
tion is not to you, or you, but to a sub-station orphanage situation.
C. F. McElhinney, 3407 Albans: I apoligize if I have given offense. I meant no
offense to anyone.
Mrs. Harold Adams, 2911 Wroxton: I have been before the Commission before to object.
to breaking or bending the Zoning Ordinance. I must express m opinion. It is a
business and therefore it would be against our ordinance and I~am opposed.
John Goodrum, 3759 Albans Road: You talk of protecting property rights and
property values. I wonder if anyone feels that ourproperty is protected, but are
our people protected? I amn a member of the Church of Christ. L wish we could
show as much enthusiasm for things we are for as for things we are against.
Harrold Sellers, 3420 Albans Road: I think the points have been very adequately
covered. The legal definition of whether or not this is a violation of the Zoning
Ordinance is the problem. Whether it is religious or philanthropic - whether or
not this is a single-family. If not, then it is not a one family home - it is a
business. I would like to take offense that we would not be more concerned with
the care of people than of our property values. I think I have the right to be
concerned about my property values and my children who live there.. My church does
work, too, but not in a restricted area. The ire and wrath has been stirred up.
We believe in the motives, just not in this location.
Mrs. Vincent Froman, 6624 Brompton: I would like to remind that the ordinance has
been amended.
r
Mrs, D. W. West, 2812 Tangley: I believe when the Zoning Ordinance was amended -
did we not have a vote? We adopted two children, and I am not .for this.
Mrs, Boyce Foreman, 3503 Albans Road:. I have six children, and I am opposed to
breaking the zoning.
T. E. Trautwein, 350 Albans Road: I am opposed to the foster home.
George Faison, 3726 Nottingham: Our community is not atypical community. We
have 15,000 citizens and we are not typical. We are surrounded by a fast growing,
fast moving metrolpolitan area and I think we should all keep this in mind.
Ross Biggers, 3621 Sunset: I have lived here for over 30 years. The gentlemen
of this church have stated they .would not do snything detrimental to the neighbor-
hood, but I might consider it .detrimental for them to do and I am very much opposed.
Vincent O'Brien, 2720 Quenb They say everything would be done to conform to all
restrictions. The purpose should be the children and not what neighbors think
and if they move. into West University Place therefore they will have to think of
what the neighbors think. I think it would be ill advised for them. They should
worry only about the children and not have them in an adverse atmosphere.
Mr. Meaders: We would like to assure you we will furnish all information and will
pay all state requirements. We appreciate your opinion, but where is the right
place to raise kids?
There being no one else desiring to make statements for or against the request,
at this time Mr. Hannah opened the floor for questions.
George Faison, 3726 Nottingham.: How many fam.liQs belong to your church?
Ans• About 560.
Mr. Faison: How many families reside in West University Place?
Ans.: About 130, approximately 25f,
Ques.: Why did you select this spot?
Ans.: .The property at 3408 Albans which we are using for a parsonage we bought
when it came on the market. The same was true of this property at 3406. It was
available and we bought it.
Ques.: What constitutes peropheral?
Mr. Hannah: That is rather hard to define. Generally the outside area of a
certain area.
Ques.: Was there an amendment to the Zoning ordinance saying rooms or garage
apartments could not be rented by citizens?
Mr. Hannah: No. In some case, where garage apartments were built before the
zoning ordinance, they may be rented.
~'
Mr. John Bruton: We do not have any idea that we were attempting to break any
ordinance, or lower any duly constituted reservations. We acted in good faith.
Whether we establish a foster home, permit a preacher to live there or what .ever,
we would not do anything that would damage the character of this community.
Agencies control - the only way we have been told this property would not comply
is that we do not now have afire extinguisher in the building.
R. J. Eubanks, 3729 Sunset: Did the group of elders check it for this purpose
before they bought it?
Mr. Bruton: We had no intention of violating an ordinance.
~ Mr. Eubanks: Were you aware that we had zoning laws?
~ Mrs. Margaret Montgomery, 4117 Coleridge: Why did you want to put a foster home
'""j here?
V Mr. Bruton: We could see no violation.
Mrs. Montgomery: Why don't you put it over there? (pointing) Where you own other
property's
Mr. Bruton: That is occupied by our pastor.
Mrs. Montgomery: Don;t you own ten acres outside West University Place?
Ans.: I wish we did.
Mrs. Eubanks: Did you discuss in your meeting if you would have to see the
Zoning and Planning Commission?
Mr. Bruton: We did not anticipate any objection.
Hugh Gutzrnan, 3003 Nottingham: I thought you said you bought it before you knew
what you wanted to do with it.
Mr. Bruton: For may years we have been looking for available property.. It
became available and we bought it.
Mrs. Viola Hodnett, 2624 Robinhood: Why did you buy it in the first place?
Mr. Bruton: I will refer you to Mr. Jack Castles for that answer.
Jack Castles, 2639 Belfontaine: We withdraw our request. We covet your good
will and you will have no further fear. We are sorry we have troubled you and
bed your pardon. Thank you and we are sorry we took your time.
Mrs. McElhinney, 3407 Albans: We had the pleasure of meeting with these gentle-
men and I want to say that they were very charming gentlemen and we appreciate
very much ghat they have done and we thank you.
The€~e being no further business to come before the Commissi
motin duly made, seconded and carried the meeting adjourned
Attest:
~~
Secretary
at this time, upon