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HomeMy WebLinkAboutZBOA Minutes 1972-01-06 Regular MINUTES OF A PUBLIC HEARING OF THE FRIENDSWOOD ZONING BOARD OF ADJUSTMENT January 6, 1972 The Friendswood Zoning Board of Adjustment held a public hearing at the City Hall in Friendswood on Thursday, January 6, 1972. The following Board Members were present: Mrs. Ivy Fossler, Chairman Mr. Truman Taylor Mr. William E. Dykes Mr. George W. Rummel , Secretary Mr. Ody K. Jerden, Attorney for City of Friendswood The purpose of this public hearing was to hear opposition to the use of a mobile home at 206 East Edgewood as a residence. This property is zoned C-1 ; Retail Business District. The following persons were present to represent the defendants: Mrs. Greg Hughes - 206 East Edgewood Mr. Robert A. Markowitz - Attorney for Mrs. Hughes Mr. and Mrs. James Lowdermilk - Parents of Mrs . Hughes Mrs. Fossler opened the meeting by asking the Board Secretary to read: (1 ) Mrs. Hughes ' letter of November 25, 1971 requesting a hearing. (2) Mrs. Hughes ' letter of September 9, 1971 requesting use of the mobile home building at 206 East Edgewood, as a music studio where her father could give music lessons . (3) Mr. Cline' s letter of September 27, 1971 to Mrs. Hughes , giving her permission to use this mobile home as a music studio, since the property is zoned C-1 ; Retail Business District. Mr. Robert A. Markowitz, attorney for Mrs. Hughes presented the following case: (1 ) Mr. Lowdermilk is a recognized professional musician who intends using the building as a place to give music lessons and as an office to make appointments. (2) Mr. & Mrs . Lowdermilk want to use the building secondarily as a place of residence. (3) He could not find anything in the Ordinances #132 or #129 which stated that a place of business could not also be used as a residence. Therefore, if this building could be used as a place of business in a C-1 zoned area, the Lowdermilks should be permitted to live there as a secondary use. Page 2 The following facts came out in the general discussion: (1 ) Mrs. Hughes purchased this property knowing it was zoned commercial and thought that there were no restrictions of any kind of building used on a commercial property. (2) Mrs. Lowdermilk admitted that when they moved this mobile home to Friendswood from Ohio, they planned to use it as a residence as well as a place of business. They have occupied the mobile home from the date permission was granted by Mr. Cline as a residence until Thanksgiving Day, when they moved out because of threatened legal action by a Mr. John H. Walser, a resident of Friendswood, Texas. (3) Mr. Walser, who was present at the hearing, made a statement that he had tried to get permission to put a mobile home on property he owned in Friendswood, but request was denied. When he found out that the mobile home on the Hughes ' property was being used as a residence, he wrote a letter on October 26, 1971 , to Mr. L. B. Cline objecting to this. He alleges that he was told verbally by Mr. Cline and Mr. Richard Haken that continued use of this mobile home as a residence would not be allowed. Mr. Ody Jerden and the Board Members concluded that they could not render a decision on this case without further study of Ordinance #132. The hearing was adjourned by Mrs. Fossler with a second meeting set for Thursday, January 13, 1972, at 8:00 p.m. at Friendswood City Hall . Respectfully, tip. I George W. Rummel , Secret ry Board of Adjustment GWR/mp I