04-24-2003 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment

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• • ZONING BOARD OF ADJUSTMENT MINUTES OF APRIL 24, 2003 Members Present: Chairperson Sidney Grant; Willie Walker, Rod Rothermel, Bob Capen, Alternate No. l Charles Schoppe, Alternate No. 2 George Maltsberger Members Absent: Ruben Salinas City Staff Present: Ciry Planner Gwen Goodwin, City Prosecutor Clark Askins, and Planning Secretary Peggy Lee 1. CALL TO ORDER. Meeting called to order by Chairperson Grant at 6:00 P.M. 2. APPROVE MINUTES OF THE MARCH 27, 2003, MEETING. Minutes were approved as presented. 3. CONSIDER VARIANCE #V03-001 TO SET ASIDE THE CITY'S BOND AND INSURANCE REQUIREMENTS PERTAINING TO MULTI-FAMILY DEVELOPMENT PER SECTION 106-150 OF THE CODE OF ORDINANCES. Ciry Planner Gwen Goodwin stated the City received a call late this afternoon indicating the applicant, William Helm, on behalf of First National Bank of Bellaire, would not be attending the meeting. The applicant/owner had verbally requested the Variance application be withdrawn; however a written request was not received Staff recommended the Board go along with Mr. Helm's request to set aside the City's bond and insurance requirements pertaining to multi-family developments and establish a covenant to substitute a reserve fund that would operate for a period of 40 years. Staff also recommended an additional covenant be created to ensure funding would be available. to maintain the property after the 40 years. Ms. Goodwin noted the City of Pasadena's ordinance contains a similar bonding requirement and they too are encountering a problem with Developer's being able to secure a bond. Staff will request the Planning and Zoning Commission review this section of the ordinance for possible amendment. Chairperson Grant expressed disappointment with Staff's recommendation, noting the following concerns: - To date, the owner has not submitted a loan application for the project. - As proposed, a HUD reserve fund would be used to maintain the property for 40 yeass with no assurance of funding after 40 yeass. - Allowing property maintenance to be monitored by HUD will tie the City's hands. - There is a lack of provisions in the event there is a change of ownership.