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HomeMy WebLinkAbout02141957 ZPC MinutesJ c~' REGULAR MEETING OF ZONTIWG AND'°~Pi.ANNING BOARD February 1~+~ 1g57 The Zoning and Planning Board convened in regular session at the City Hall on Thursday, February 1~+, 1957, with the following members present: Mr. M. C. Halbert, presiding; Messrs, A. G. Davis David Hannah, Robert Madeley, and Horace Rice.. permission From the Board to ;~aara~e, to be used as a playroom and bedroom for his immediate 'family, and action was taken by the Board on the 11th of February, in special session, requesting-that the Building Inspector make a report on thirty two similar buildings in the area which were shown on a sketch submitted by Mr. Diehl. The report submitted by the Building Inspector showed that 2~+ of the improvements an the sketch were made prior to passage of the Zoning Ordinance, four were constructed as servant's quarters, three were built in 193g-~0 as storage space in con- nection with the construction of the residences, and one was built in 1851 which is an addition to the main dwelling for use by the immediate family. After consideration was given to Mr. Pieh1's request, the following action was taken; Motion by Mr. Wilson, seconded by Mr. Madeley, that the Board recommend that the request of Mr. R. A. Pieh1, 3006 Robinhood, to make a 20 x 26 foot addition complete with bath, as a second floor to his existing garage, be denied, as this would constitute a potential violation of the Zoning Ordinance. Voting Aye; All Na; None Mrs. Osenbaughh, of the Osenbaugh Real_t_~_Com~a~, and Mrs. Beckner of the Bec er-Bo Realty C ,, requested permission to move a house on Lot 2 B oc , Wes Un versify Place First Addition, locate in t middle oP the e , n cont~c on with a project of the Houston Builders Association; to encourage remodel3.ng ~f older hames« .They explained that this. would be sou~ething of a temporary nature, and that they would remove the house within six months or less. Motion by Mr. Davis, seconded. by Mr. Hammah, that the request of Mrs. Osenbaugh and Ntrs. Beckner to move a house on Lot 2, Block 42, West University Place First Addition, in the 3300 block of Bellaire Boulevard, in connection with a project of the Houston Builders Association, be denied, as this lot is zoned for residential purposes only. Voting Ayer A11 No: None Nor. and Mrs. W. B. Lee 3301 Universit Boulevard, .asked permission to coa- t nue renting a garage apartment at this address. A check of the Building Permit a e a as seas in lg~+o for the construction of a one-story residence and a two-story garage, the second story to be used for a utility room. Mr. and Mrs. Lee were advised that the use of the structure ~~ for living and rental purposes was in direct violation of the Zoning Qxdin- ance. After this explanation, Mr, and Mrs. Lee agreed to cease renting the structure. Mr. _J~me~, V. C~ulberson, 281.9 Plumb,, submitted an amended request fox permission to install a commode in the 12 x 20 TT~tt. addition to his existing garage for which a building permit has been issued. An instrument for recording was sub- mtted by Mr. Culberson, obligating himself, his wife and his hears, that the property would not be used for commercial or rents]. purses and' further, that, upon any conveyance of the property, there shall be placed in the Iced the re- striction and covenant created by this instrument. Motion by Mr. Hannah, seconded by Mr. 1~'. James ~'. Culberson, 2818 Plumb, addition to his garage, subject to th ises shell not be used as a two-farm poses, and upon any conveyance of the Shed the restriction std, covenant, as Wilson, that the Board recommend that be permitted to install a commode in the e execution of .the Covemant that the prem- ly residences for comm~;rcial or rental pur- property, there shell be plaaced in the a me.tter of contrect. Voting Aye;. All Mo« Done Mr. Charles Cockrell, City Attorney, presented-the following written opinion .. as reques e y pn ng oar on anuexy 10, 195?, with relation to rez property on Bi~son~t Street, between Wakeforest.and Belmont Streets far com- merc a purposes; "I understand your first question to be whether property fxonting on Bissonnet Bl~'d. from Wakefarest Street to Belmont street can be re-zoned for commercial. use without rezoning or jeopardizing the area extending from Belmont Street to Buffalo Speedway and facing on Bissonnet Blvd. Tn saki motion it was noted that property facing Bissonnet Blvd. from Kirby Drive to Wakefoxest Street is .now commercial property. As you wall know, there are many considerations to be made concerning the advisabil- ity and legality of re-zoning a relatively small s~res«. It is of primary importance to determine if the property which is under eonsideratiot~ for xezonieag is in any way different. from the surrounding property or if it presents. a unique situation. In other words, does the property extend- ing from Wakeforest to Belmont possess .any characteristics diatingv.ish- ing it Pram the property extending from Belmont to Buffalo Speedway: Some of the facts which should be considered in determining .this prob- lem would be .whether there are presently located residences in the one area as opposed to none in the other;: would there be any different effect on the properties backing up to the property to be re-zoned which is different from the property nat under considexstion; is the use of the property across the street from one area of a tsDre comrhercisl or business nature than across from the other area; would the re-zoning of . the' area from Wakeforest Street to Belmont Street be in keeping with the general scheme and overall plan of zoning now in existence. Zf your Board, after proper consideration and hearings, can reach a decision that there is a valid distinction between the two areas referred to above in my opinion such area could be re-zoned after the 'proper.`notice at~i public hearing had .bean held. . Tn answer to your second question, T am of the opinion that the use of property can be restricted tca a certain type commercial use if such .use can be directly related to pro~acating the health, safety, mcarals or gen- eral welfare of the ccs~tnity. Hcawever it scl.ght be difficult to show any valid reason for prohibiting the type of shop .car. stare which is co~eoaly located in the ground floor of an office building. Tn answer to question No. three! it is shy opinion that the City would not weaken its stand against "sprat" zoning of single lots if the re-zoning of the two block area was based upon a valid distinction from other property in its vicinity. . I realize that the abrnre statements might be considered oi' only a general nature but trust they will be of assistance to you. Tf anything Further is desired on this smatter do not hesitate to so inform me." Six property owners in the 3744 €~nd 3840 blocks of Richmcat~d Road submitted the Following petition for cons ra ons R'0 THG ZOPIIi~C; 80ARD OF WgST U1~TV.URSTTY' PI~AtE, T1~X'AS We, the undersigned property owners and residents whose property lies along the South side of .Richmond Road in the 3744 and 3804 blocks, request you t4 rezone our reaper ve proper es or us- inesL3 purposes. This action is sought by us For the reason that the widening of .the above street has destroyed our .property's value fear residence purposes, and it is now suited only far business purposes, (signed) (signed} L. A. Berry, Jr. $ddie Lee.Strelau Gera. D. Smith Mrs. DeE Caldwell Imogene Ward Mrs, P. J, Jeffries Motion by Mr. Hannah, seconded by Mr Davis, that action on the petition requesting that properties in the ~7--~ gam-.. blocks a~ is ~ Read be rezoned for business vurvoses be deferred pending further study of all fringe areas. Voting All IQo: Hone Letters frcam Messrs. David l~eldman, A. H« Schadel~ W. M. Mcl~ster and tleor Mar__ shall, owners of rflperty in the i~lE~ and~2E~ blacks of Bellaire Bou-levard re- questing that these two blocks be rezoned for coam~ercia use `were su o the Board for consideration. _ ~_.._ ~ _. _ __~:~s 56 Motion by Mr. Davis, seconded by Mr. Madeley that action on the requests of Messars. David ~'eldm~n, A. H. Schadel, W. J. McMaster,. and. George Marshall, owners of prop- er~y 3''fi ~ : e 4EF' and"51oe'~s 'o'~'`~~e Bouleirar~eting that these two blocks be ezone r c. rc a a errs pending Further ffitudy of all Fringe areas. Voting Aye: All No: None Mr. J. E. James, ~'~'~~+ Sunset, requested permission to add an 1.8 x 18 Ft. eaten- sign to the front of his garage and to convert the entire 1 x 3 Ft« structure. "-3't~'~cS a utility room, playroom, laundry room and bathroom, stating that extra space was needed for use by.the immediate fa~.ly. Motion by Mr. Hannah, seconded by Mr. Wilson that the Board recomc~end approval of the request of Mr. James, 377+ Sunset, to add an l8 x 18 Ft. extension to the front. of his garage and to convert the entire 18 x 36 F"t. structure iturto a utility room, playroom and 1aun3ry room, but with the omission of toilet facil- hies; subject to the execution of an affidavit that the structure would not be used for comtsercial ~or xental purposes. Votng.Aye: All No: None Mr. W. I. West, 2639 Pehberton, appeared before the Board and asked that the Board recommend approval for repair work needed on an existing servants' quarters over the garage. Motion by Mr. Hannah, seconded by Mar. Davis, that the Board recmr~end approval for permission to hake repairs and to remodel an existing servants quarters, provided an affidavit is executed to the effect that the structure will not be used for commercial or rental purposes. Voting Aye; All No None asked the Board to consider the rezoning of Lots 2,3 ~+ 5 6t7 d 16 Block 1 Krenzler Coutirts Addition For comm~ee`rcia use. e pen ng a genera r nge area study to ~ made-. Pursuant to Resolution Na. 57-$ passed by the City Commission at its regu7.ax meeting on Mo y, February 1, 957, Mayor James W. Hama~nd and City Manager Whitt Johnson appeared before the Boa n connection sego` is~{~on~y ~;fie`~"Lots No: l6, 17 and 1$, Block loo. 15, Collegeview 3rd Addition. The Board was orme a c ee r~ e y ss on, er or- ough consideration of the hatter, had recommended the acqud.sition by the City of Lots 16, 17 and 18, Block No. 15, Collegeview 3rd Addition, from the West tlhi- 3rd Addition. It was explained that t C ty C ssion had de ermined that it wou-li~'fie necessary and advantageous to the city to locate a 1.5 mil73on gallon water reservoir on LotsyS, 6 and 7, Block 1$, Colle~eview,~rd. Addition, and to move the Street Department from the last mentioned lots to Lots No. 16..17 and ~~- ],$,..~,lock„ ,,1, e~~, ~±~~,; The I~~r presented: a plat shor~i,ng the type and nature of construction to be placed on Lots Rosa 16, 17 and 18, Block No. 15, College View Third Addition, by the Street Department, such plans showing ree par. ng on o e a lion Streets adjacent to the lots. The Board was informed that a meeting was held on Tuesday, February l2, with the resident owners of property in the 3800 block of Milton Street and those own~.ttg property on the south side of the 3- lock of Rice Boulevard to acquaint such individ- uals with the use to whic such property was to be adapted. Mayor Hammond explained to the Board that the purpose of the meeting with the property c~,rners and the appearance before the Board was to acquaint them with. the proposed use of the property. The Board's attention was directed to Sections 15, 16 and l7 of Article Na. 3 of the City Charter and to sub-section No. ~ of Section No. ~ of Ordinance No, 111, the Zoning Ordinance. After consideration of such sections of the City Charter and Ordinance 111, the Board was of the opinion that the use of Lots lb, 17 and 18,, Block 15, Collegeview Third Addition is permissable by the municipal- ity under the above referred to sections of the City Charter and Ordinance No. 111 and that no action by the Board vas necessary. Motion by Mr. Hannah, seconded by Mr. Davis that the proposed use of the aforesaid lots is permissable and no further action is necessary for the Board. Voting Aye: A11 Not None Mr. Mac Dunham, ,~~21 Amherst, submitted a request for permission to extet~ the front of his existing garage 4 feet into the sidebaek requirement. After des`- cuss ng a reques a oar , Mr. Dunham agreed to withdraw his request. Mr. E. F. Malloy 3705 Arnold, requested permission to inst,~ 11 in a 10 x 18 Int. u yy ro€~m a~ r, was asin and cctode, to be used by the yardman. Motion by Mr. Madeley, seconded by Mr. Wilson that the Board recocsnend instal- lation of a wash basin and cotmnode as requested by Mr. E. F. Mal7.oy, 37015 Arnold, but no installation of a shower. Voting Ayet A11 Not Rane With no further business to came before the Zoning Board at this time, upon motion duly made, seconded and carried, the meeting was adjourned. ,~ ~ ~~~ c~~rRMA~r ,~- ,~ SECRETARY 1