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Home My WebLink About02081962 ZPC Minutesj". REGULAR MEETING OF ZONING AND PLANNING BOARD THURSDAY, FEBRUARY 8, 1962 The Zoning and Planning Board convened in regular session at the City Hall on Thursday, February 8 , 1962, with the following members present; Chairman David Hannah, presiding; Messrs. Gi11, Fitzgerald, Vest, Lott and Snyder. Mr. J. E. Kilgore, 6528 Wakeforest, NE 50 x 150 ft. of Lot 3, Block 18, West Uni- versity_Place First Addition,reques~e permission o construct a x 0 a Zt on to the rear of his present garage to be used for household storage and to house a light woodworking shop for his. personal use. He stated that there would be no plumbing installed but it would require 110 volt electric service. Mr. Kilgore further stated that the building would not be used for-any commercial purposes nor would it be used for: living quarters, and he would sign an affidavit to that effect. The sketch of the existing garage with the proposed addition indicated that there would be only 3 ft. left between the building and the rear property line. The Board explained to Mr. Kilgore that the Zoning Ordinance requires a 5 ft. setback from the rear property line. Mr. Kilgore agreed to revise his plans in a manner; which would provide. the necessary 5 ft. setback from the rear property line. Motion by Mr. Lott, seconded by Mr. Vest, that the request of Mr. J. E. Kilgore to construct an addition to the rear of his present garage 20 ft. in width and approx- mately 8 ft. in depth to be used for storage and a woodworking hobby shop, to contain no plumbing and only 110 v electric service, be approved, subject to all set- back lines being .adhered to and subject to execution of usual affidavit that the structure will not be used for rental or commercial purposes. Voting Aye: All:: No: None Kenneth D. Bauman, and his mother, Mrs. Bernice BaumaLl~_2730 Arbuckle, appeared before the Board submitting a request for construction of a 3-car garage 2~+' x 30' on the rear of their premises,. being Lot 7, Block 10, Be e our an measur- ing 50 x 122'. Mr. $auman~explained in his letter and verbally that the home was built 23 years ago and-there was now an existing attached garage and carport on the side of the house which he would remodel into a porte-coehere in order to drive his cars on through to the rear of the house. He explained that he needed the extra space for automobiles since he is a member of several different automobile clubs and usually has two antique Packard automobiles that he keeps on the premises. Mr. Bauman stated that he did not intend to use the premises in any way for commer- cial purposes and would sign an affidavit to that effect. The Zoning Board, after discussing the proposed plans with Mr. Bauman, expressed a desire to personally look at the premises before taking any action. Mr. G. W. Weinle, 3618 Duke, who had previously discussed proposed plans for construct- ion o a carpor a ong e side of his house to extend within one foot of the side property Tiize, presented revised plans which indicated a proposed cantilever awning to extend west from his house a distance of 11 ft. and would extend from north to south a distance of approximately 53 ft. The proposed awning would extend to within one foot of the side property line but would not contain any upright supporting posts within the setback requirement, and there would be a gutter drain installed along the outer edge. Motion by Mr. Vest, seconded by Mr. Lott, that the Board recommend to the City Com- mission that Mr. G.W. Weinle,3618 Duke, be permitted to construct a cantilever awning on the west side of his house as requested. ~. !~ Voting Aye: All No: .None Tn compliance with the action taken by the City Commission on January 29, 1962, the Board discussed the advisability o ame_n_ ng a zon ng oar finance to permit installation of air conditioning equipment within the.side set- back requiremen s. Tn eonnec~~on w is cons era on essrs. v s, Frank Seymour and Bert Fisher, members of the Heating & Air Conditioning Board, met with the Zoning Board upon request for consultation. After thoroughly discussing and considering the advisability of amending the ordi- nance to-.permit encroachment into the required 3 ft. side setback requirement with air conditioning equipment, which is considered as a structure, ac- cording to the verbal opinion of the City Attorney, the following action was taken: Motion by Mr. Gill, seconded by Mr. Lott, that the Board recommend to the Commission that no steps be .taken toward amending the Zoning Ordinance to permit installation of air conditioning equipment within the side setback requirement. Voting Aye: All No; None Mr. E. E. Griffin, 3520 Tangley, submitted a revised request by letter for the subdivision of Lot ~, Block 72~ West University Place Second Addition, presently 100 x 150 feet into two lots. Mr. Griffin's revised request for for an additional building site on the 5,500 sq. ft. located on the east side of the lot, fronting 50 ft. on Tangley with a depth of 110 ft. as shown on the sketch submitted. He stated in his letter that he would dedi- cate the necessary easement on the east side of the remaining part of the lot for utility purposes. In considering the request, the Board determined that all setback requirements were being complied with in accordance with the sketch submitted, and the building site would cur~~:~3-in the square foot requirement. Motion by Mr. FitzgerE~ld, seconded by Mr. Lott, that the Board recommend to the City Commission that the request of Mr. E. E. Griffin, 3520 Tangley to subdivide Lot 4, Block 72, West University Place Second Addition, in order to provide a 50 x 110 ft. building site on the southeast portion to front 50 ft. on Tangley and extend north a distance of 110 ft., be approved, subject to a 10 x ~+0 ft. easement being dedicated off the remaining north portion of the lot along the east property line for utility purposes. Voting Aye: All No: None The Board was presented with the following written summary of the recent action taken by the Supreme Court of Texas: "City officials of the City of West University Place have been informed by the Supreme Court of Texas that the application for the Writ of Error applied for by the Plaintiffs in the case of Marshall et al vs. City of West University .Place was refused on January 31, 1962. By this action the Supreme Court upheld and firmed the judgment of District. Court of Harris County and the Waco Court of Civil Appeals. The. law suit arose when 12 lot owners fronting on Bellaire Blvd. sued West Uni- 1~a tie°~ity P?_~.' _. ,~~ :x:i_1{J'v`f t'i~E~i_7' r ~,~ i -C't'!ti£~I.1 property to be used as business property. They asserted that the action of the City Commission in refusing to rezone their lots was unreasonable, arbitrary and capricious. ' The District Court found that all of the lots involved-were usable for single family dwell- ing purposes. as presently zoned. The Court further found that the City of West University Place did not abuse its municipal discretion in refusing`to rezone: t%~. c.ot" i'~ question. Both the Court of Civil Appeals and the Supreme Court of Texas agreed with the judg- ment of the District Court. With no further business to come .before the Board at this time, upon motion duly made, seconded and carried, the meeting was recessed until 10 A.M. Saturday, February 10, 1962. The Zoning and Planning Board convened in recessed session at 10:00 A.M. Saturday, February 10, 1962, with the following members present: chairman David Han~aah, presiding; Messrs. Gi1l~and Lot. Messrs. Fitzgeraldn, Vest and Snyder were absent. The purpose of this meeting was to inspect the premises at 2730 Arbuckle, in order to7further consider Mx. Kenneth Bauman's request to construct a 24 x 30 ft. three car garage on the rear of the 50 x 122 ftt. lot, being Lot 7, Block 10, Belle Court. After viewing the pre- mises, the following action wa+- s ta~eni Motion by Mr. Lott, seconded by Mr. Gill, that the Board recommend that Mr. Kenneth Bauman's request to construct a 2~+ x.30 ft. three car garage on the rear of the premises at 2730 Arbuckle be approved, subject to observance of all setback requirements and also subject to his re- modeling the existing attached garage into a Porte-cochere approximately 2~+ ft. in length, for the purpose of permitting an unobstructed driveway to the proposed garage, and removal of the north portion of an existing garage which extends approximately 12 ft. to the rear of the main build- ing; further provided that an affidavit is executed by Mr. Kenneth Bauman and also his mother, Mrs. Bernice Bauman Churchill, owner of the property, that the 2~+ x 30 ft. structure will not be used for rental or commercial purposes. Voting Aye: All No: With no further business to come before the motion duly made, seconded and carried, the ., Secretary d at this ime, upon in s a iourned. i 1 C~