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HomeMy WebLinkAbout06261947 ZPC Minutes1 r'_Ir•NT~S OF REC?TLNR T''IE;ET iPdG ZOT? I cdG A~d:D PLAA~T Ili G C OTl11uTI S S I ON CITY Ur '"~E~T UNIVERSITY PLACE THURSDAY - June 26, 1947 A regular meeting of the '"coning ~. Planning Commission of the City of ~Yest LTniversity 'lace was held Thursday, June 26,1947, at 7:30 P.~:~t., at the City Hall, at which meeting the follotiaing members were present: Ii. ~. Terry, Chairman '.`!.rioy Letbetter 0. C .King Tddrs .'`~. E. iberling, Secretary Pvr.-~.E.Terry,Chairrnan, presided, and i~=1rs. '"t.E.Eberling acted as secretary. T~~r.Terry declared a quorum present and the transaction of business in order. iy~E~"r B?SI~~LSS Chas.OinsburU - '~'Ir.and rs.Al_exander V.Kotchetovsky - 2720 University Boulevard: ~'Lr.Terry asked yr 0 C Kind to read letter fromir.Chas. insburg rslative to property known as 2720 University Boulevard, which letter was transmitted to the Z oning ~v Planning Commission by ,>>ayor Kalph B. Lee for action on the proposed use of the property in question as a School of Dancing, by 1'ulr.and .vjr`s. Alexander V.Kotchetovsky. :sir. Terry then asked if ~~r.~~*insburg, who was present, Vaanted to elaborate upon his letter, to vrhich olr.uinsburg replied. in the negative. L~Ir.Terry then asked if there were an.y citizens present who vaished to be heard on the subject, and I~;Ir.Paul G.r'illiams of 2716 University Boulevard, was recognized by the chair. ~~r. +illiams stated that he yeas acting for himself acid several of his neighbors in the immediate vicinity, in protesting any amendment to the Zoning Ordinance that would permit this type of use of the premises in question. ne then read letters from the following citizens: ter. James L.Parker - 2703 University Blvd. dvlr.and 1'~irs.George G.l.~illiams - 2732 University Blvd. TtiTr.and Tugs. John i~II!,Zcilinney - 2707 University Blvd. V.I.Grisham - 2644 LTniversity Blvd. john K. Dozier- 2628 University Llvd. ~:~r.Phil :tall, 2702 University Blvd. was tyien recognized by the chair and stated that he also wished to enter a protest a~~ainst the proposed use of the property at 2720 univer- sity Boulevard as a dancing school. i`~e said that he had talked to a number of his neighbors and found that none of theca were in fa~:.~cr of it. Iie said he didn't see the need far a dancing; school ire the cor~munit~T, and registered his protest. I~~rs.R.B.Sanders, 2730 University Boulevard, was present, and stated tl~~at site didn't want anything. like this next deer to her, anal didn't think it should be allowed. ~~Ir.Alvin Beyer, 2636 University Boulevard, was also recognized and stated that he had moved to ';crest Universit~.r Place about three years ago to get away from just t%iis vary thing and thought he was getting into a quiet neighborhood on a restricted street. He said he believed it would constitute a nuisance, and if anything should go into the neighborhood that would disturb the people, there would be a lawsuit. ~d-r .Terry then called upon ar.John rielley,City h.ttorney, for an opinion. ~7r.Kelley stated that it was his opinion that under section 3, Paragraph 4, of the Zoning Ordinance, such {~ (~ a use is not permissable - and that the wording of the article does not include a dancinh~ school. ~r. ruing then made the motion that Ivir.~insburg's petition for the use of tre property at 2720 Universit~r Boulevard for a dancinE; school be denied, ~iotien seconded by jars. t'~berling. Voting:. Kye - hll j~oes - Nono -sir,ferry advised =~ir.~~insburg that the ~onin~; ~~ ~'lanning Commission ?would notify the Cit~r Council that his petition had been denied,because this body do©s not believe such a use is permitted under the 7~oning `%rdinance as it no?=Treads. IJIr.Uinsburg stated that he ?ti*ould appeal to the City Council to clarify the provisions of the ordinance. C~1rs. Eugene E.Lockhart - 3780 ~~rnold Street Construction of wading pool): l~r.Terry then read letter of June 26,1947, addressed to the Zoning oard of the ~Gity of t~e,t University ?lace by ivr.Ivarvin Gallie,kttorney, of the. firm. of Vinson, Llkins,'~eems Grancis, representing i~~Irs.Eugene F.Lockhart, 3780 t1rnold Street, in connection with a wading pool which .nrs.Lockhart wished to construct at her residence. Ia7r.Collie stated that the dimension of the pool vrould be 12 ft.long, 8 ft. wide,. and 3 ft.deep. It would be constructed of concrete, wo??ld have steps, and would have a top over the pool, and would be used strictly by i~~irs.Lockrart's tr:.ree children, and therefore, would not come under the regulations covering a vublic swimming pool - that it ?,would not con- stitute a danger from a health standpoint and could not be considered a nuisance. ue furthe- stated that hrs.Lockhart Twould five her assurance that the ureter. in the pool vrould be drained every other day, and that the water so drained vrould be used on her o?•rn la?vn. i~ir.Yiing braua~;ht up the point that at some seasons of the year there was a possibility that her la?vn vrould not take up tine water, and asked hour far it would have to drain do?ran the street before it reached a storm sewer opening.. i',Ir. Collie stated that it would have to travel about a block to sur~h an opening. lifter considerable conversation, the fallowing facts in connection with this matter were braught out. Some eight or ten months ago I~'rs.Locklzart did start construction of a swimming pool but did not know it was necessary to g et a permit for the construction. She was not able to secure the materials to complete the pool at that time so she left the pool as it was. 'atihen she was notified by the City that the pocl in her yard was a health menance, she asked ?what tc do about it and zwas told to pour kerosene or some oily substance ir. it, which she did. She then h.ad the water pumped out and carried away, and arranged to have concrete poured into the floor of the pool. jy1r. Jolley, Build- ing, Inspector, t'ren came by :with two policemen and talked to j~rrs.Lockhart. 1~r.Collie said that all j~~Irs.Lockhart was trying to da vrhen:---she arranged for the pouring of the concrete in the pool, was to get enough concrete in the Bottom of the pool so the water could be pumped out. On being questianed .irs.Lockhart stated that she would use a sump pump to drain the pool. Ialr.Collie said it Uras his understanding that tle Health epartment of the City and the City Engineer had now agreed that the State of Texas Regulations covering swimming pools did not apply to a private swimming pool. IsTr. Jolley, Cit~T Building Inspector, said that ~vhen I.rs.Locl~:hart and IiPr attorney, j~Ir. Dyer, inquired about the swimming pool, he told them h~e had been instructed by the City Engineer not tc .ssue a permit for the construction of the pool until the Stan- dards far swimming pools were met, and as they did not have plans he could not issue a permit. IIe s-!;ated that he was making his inspection ro?znds or_e day and drove by A p~p Ql L O =~~rs.Lockhart's r~lace anal sa+;=; the men working on the pool and pouring concrete. He said that in the Cit?T of 1"jest University Place, it was against the law to erect any structure without a permit. jje said he tried to talk to l~1rs.Lockhart and she told him she did not want to talk to him and for him to go to her attorney. }fie further stated that it was his duty to report a violation any time he sarr one, and. so he reported it. He said that the City Sanitarian, '''r.l,~IcGlain, took a sar~x~le from the hole that had been there eight or ten months and +.,l~Lat it contained a dangerous amount of typhoid fever germs. 1`Jnen asked if he had talked to l~r.1,,5.cClain further about construction of such a pool, i'![r.Jolley stated that '~'r.';IcOlain told him that he could net condone that type of danger - that mosquitos carrying typhoid germs would be propagated from there. ~'r.Jolley said that if the City engineer and the Cit~r Sa?~itarian had decided that the regulations covering swimming pools did not apply to this particular case, }.e had not bean advised. A~r.'1'erry then asked ~r.Collie holy lone it took to drain the pool, to which ~ur.Collie stated that it took about six hours. .-.~! ~ir.Terr~r then asked the City t'~ttorney, ~-r. John Kelley, his opinion on the matter and :~r.~'elley said that he ~r~as not farm liar with the State regulations covering swimming ~-~ pools and that it would tal-:e some time to read them over. L+Ir.Collie said he had a copy of the regulations and would be glad to let :jr..Kelley look them ever. ~!t this point lrir. `f`erry stated that he didn~t know why this matter had been referred to the Zoning & Plar_ring Commission if it wa:~ not the type of construction that was being questioned. 1,='Ir. Collie said that he was advised btr a member of the Zoning Commission to present it to that hoard. !'"':r. Kelley, City kttorney, stated that if the Board wanted to refer the matter tc him and would be •,villing to take his recommendatiFr;, rye -~~culd be glad to check into it, but it ,n~~~s his opinion that any ruling by the Z,oni ng c~, Planning Commission would not bear ar_y li;eight in the matter. ~~e said he believed it vas a C orporation Court matter in view cf the fact that a complaint },ad been filed of a violation. ~~1r. 'terry said that since it vas the attorney's opinion that it is net a matter i'or the 7.~ning 8, Planning Beard, that; t.,his Board would refer the ma+,ter to the City t~ttorney. L.'.Prolcop - 3743 =ti'lurmb St: Petition for vaaiving of buildinj~~ restriction requiring 51/ bri ck construction., ~ o'rekop's letter to the Gc.ning ~ Planning Commission, dated June 24,1n47, was read, in which he stated that a tentative com?r~itmer_t ~~ad been obtained from t}.~ City Hall severing construction of a residence with. a brick front and the remaining. three si:'<es of tho resider_ce to be of asbestas siding. He said t}lot w}~en they applied far the permit on June 23 they were refused because of the 51jo brick requirement. It vvas exr..lained to '~7r. Prvkop that it was th.e purpose a.nd duty of the L; onir~g ~: Planning Commission to uprold the Zoning; Restrictions pE~rta.ining to construction, but that in the ?vat years ,;then brick was difficult to obtain, other mooning Boards had waived the 51j' brick requirement in many instances, but that -she present Coning Board felt that condi- ti ons had noti^~ changed tc the extent that the restrictions sl~eiald be adherrQd to, and in a regular meeting; held T:':ay 22, tY.e Zenir.~t; Board so recommended, and instructed the Building Inspector:- to be governed accordingly. i~~r.Terry asked 1~'-r.Prokop about the type cf construction. in the imrnedia.te vicinityy, and 1.+r. P'rokep saic} ~-hat t},ere was so?,?e 100~~ brick, so.~ne 100j~ asbestas siding, and aerie 51~ brick, but tl-iat; he felt t}.e 7,oning `'oard should take into consideration that he had gone ahead on the. information received f.'rom the City, that the t~.~pe of construction he proposed tc erect would be satis{'actory, and ivolzld appreciate waiving of the restrictions ire this instance. ~, ~~ ~lr.riin; then made tl~e motion that the Zeninp; ~ Planning Commission waive the res- trictions of 51jo brick construction in this particular instance. ~7otion seconded by sir, Letbetter. Votint: aye - hll laces - bone lyirs.'-~innie Kiibler - E4?5 Brompton -Road; Regxzest for permission to construct living r_------ ___._____._.~_ ~._..._ gt_larters in connection ~~with garage, to be occupied. by her Lrether and his wife. :°rs.l=iibler eras Questioned in connection vlith this rogue=st, a.nd irjr.Letbetter asked her if there were other living quarters in gar~g;es in that particular area, to which she replied +hf:~t the=re were a nunber cf.' s1?ch buildings. lifter further discussion and a revievw cf.' th.e puns submitted by i`~rs.Kiibler, lvir. King made the motion that she be grar_ted her reouest provided sF~e furnish affidavit that the garage gizar~ters in ruesticn voile not be used for purposes other tl~:an her o~vn personal family; ani that copy of the af.fida~~it: to be made of record at flee County Court house. ~~~r.Letbetter seconded the motion; Vote n^;: Aire - kll .., tines -krone Chas.R.Olds - university c- Se~vanee - Complaint on construction: IJIr. Y~arvaell, attorney for i'~=r. Ulds was recognized~by tYie chair, and stated that at a meeting of the Zonin€; ~: Planning; Commission. on 1~4ay 2°, they tried +.,o ansv~aer a complaint from the neighborhood on l~~r. ~:'lds vwith reference to garage ors the corner of Sevrar.ee and university. Iie said that. the complaint was that r,ulds .vas froin.g to use the separate garage for storage of building, and the,r had so stated th<~t it would be used for. that purpose. Since +.,h.at time, 1;rlr. Harwell said that ~?.r. Glds has decided not to use the buildin.~; for t}_at purpose, and tha+., it Twill be used for the storage of a car. an< ultira:tely developed into a servant's c;uart~,rs. xe said they appeared before the pity Council to appeal the .refusal of the <<'=ooing ~ Planning Go1!~!'1i ssion to grant an occupancy permit to~~r. Olds, and explained all this to the Council. '"r. larvrell stated that the Council took the position that. the que~-tion was moot and treat it should be referred back to the coning ~: Planning Commission because the Commission had not been advised of a~r.Cld's cran~;e in the proposed use of the buildin in question. 1Jlx•. Terry asked if treat use wouldn't give ~ar.Glds t~~rre garage buildings and l~rr.i~ax-well said no, it would not - an~i t~zat they felt tha+, it vrould come within a permitted building. ~rr,Olds stated that he did not know that the complaint had been filed, and didn't know it was coming up until he received a letter from 14~r. ~ielley, City attorney. ~q%r. rielle~,r, City httorney, asked iir. Jolley, City Building Inspector, if' the building conformed to the Zoning Ordinance as to square foot basis, and iVr.Jolley replied that it did insofar as lot lines go, and insofar as the Ordinance goes. l~jr. Kelley then stated that if' 1'~1r.Olds Sias tivillin~; to comply with restrictions as to the use of the building in cntestion, he didn't believe that the Z oning ~ommissicn could refuse him occupancy. -~•r. Terry said that the last time the matter had come bofore the Zor_ing Conunission, the complaint zRras based on tl~xe use of the building as business property, iie asked r~'ir.Olds if Y!e had ,-withdrawn that use, and l'~r. Ulds replied that he had. ~:~r.i"erry then asked i~.r.Olds if the house and garage were completed, and ~r. Olds stated that they were. ~'Ir. Terry then asked T~;lr.Ulds if the place was going to be occupied by r~~r.Glds as his home, and 7'r, Olds replied that it vows. L l~Ir.l~a:'iger, the complainant ti^aas present, and was recognized by the Criair. YYe stated that if l~~r. Olds would be considerate enough to take the building in guestion and put it on the back of the lct where everyone else had their garage and servant's quarters, there ~n1ou.ld be n.o objections . lair, riarwell, 1's torney for ~~r. Olds, told ~r.Badger that they were scrry that the posi- tion of the building was objectionable to h.im, and tYtey would .grant that it was ur_- desirable, but they thought it a very reasonable construction anc! that l~r. Olds had gone beyond the minimum in the type of construction, etc. 1`ur. ding said that he thought the most objectionable use that the building could be put tc would be servants quarters. k~~r. Harwell said that he thought the whole situation had come down to the auestion of whetter the building is or is not a violaticn of the Zoning Ordinance. ~"~" dir. Terry asked l~~r. John ~. F~elley, City Attorney, if he thought the building was a n~ violation cf the Zoning Ordinance, ar..d lrr. Yielley said he didn't think it was, since ,q~ =~r. Jolley had checked the plans at the time, and since l~'~r. Olds would agree not to use the building for business or com*nercial purposes, he thought the Commission should approve it. ja.r. Badmen said that when he first talked to Td1r. Jolley, I~r. Jolley admitted he ,vas a new man on the job and didn't unde.rs+.,and parts of t;he Z oninE~ Ordinance. v1r. Jolley teas asked if he had been misled at the time application for a building Hermit was made by IJIr.Olds, f~'Lr. Jolley said that he had not been misled - that his approval of the permit was based on information he 'read at hand -namely the Building Code and the Zoning Ordinance. =~~r, Jolley was asked to secure the original application for building permit and the copy of the permit which was issued, tivY.ich he did, and presented to the members of the Commissier_. ~`~fter locking at the permit, %Tr. ping stated thttit he could not see where the permit covered the separate building, therefore, he thought the building was a violation. lfr. Letbett~=r said that the `Coning Commission had passed on this question once before. That the building was built for certain uses and he didn't believe by ' changing words ,you could chan~;~e the damage or the building. He said that it seemed to him that the Coning C omrnission hacJ the same question befcre and that the members of the Beard were just relaying with words and technicalities getting around the thing that the Board must pass on from a common-sense standpoint, lie said he would be forced, in try- ing to give each man consideration, to vote as he had in the first place. ivlr. Harwell, Attorney 'or llr. Olds, said that i~~~r.Olds had submitted his plans in good faith and, had gotten his permit en facts and n.ot mis-representatior_s. :air, Terry, Chairman, tY:en stated that the Commission. had had the case for a couple of months; and tY~at the last time it was referred to the City Council on the use, and now it had come back to the Zoning Commission with the original use withdrawn, He said that it seemed to come dotivn noti-a to a noi::-t of technicality, and he didn~t believe there was ar~j,Ytkir_g else tc be said. -that the Commission could recommend that the City Council turn it down, or recommend that the Council approve it. =~•r. ding t'r;en made the motion that the building be declared i11eLal and that the utilities be withheld. Y~;iotion seconded by ~''!Yr. Letbetter. Voting; 0,. G . Kind f'ye +~,hoy L.etbetter eye Tl. ~ .Terry No Mrs. ~'~'.~.~berling No ~~ ~ In vietiv of the tie vote on this :natter, :ir. Eelley, City attorney, suggested that the matter be again referred to the City Council. There being no further business to come before the meeting, upon motion duly made, seconded, and carried, the meeting vaas adjourned. ~// ~~%'/~~ /~ ~ ~ ~ inIR~TAN a~:CR~~A~3Y 1