05-27-2004 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment

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Zonin Board of Ad'ustment • 9 J Minutes of May 27, 2004 . Page 3 Ayes: Rothermel, Schoppe, Maltsberger,Capen, and Grant Nays: None Abstain: None 5 CONSIDER VARIANCE REQUEST #V04-005 FOR 1802 NORTH HIGHWAY 146, FURTHER DESCRIBED AS BEING THE RESIDUE OF A CALLED 40.61 ACRE TRACT FILED. AS NO. 7285701 OUT OF THE ENOCH BRINSON SURVEY ABSTRACT NO. 5, LA PORTE, HARRIS COUNTY, TEXAS. THE APPLICANT, REFRIGERATED CONTAINER SALES INC., SEEKS TO DEVIATE FROM THE SHIPPING CONTAINER STACKING AND SIDE YARD SETBACK REQUIREMENTS IN ACCORDANCE WITH SECTION 106-192(6) OF THE CODE OF ORDINANCES. A. STAFF PRESENTATION Mr. Sabo presented staffs report for Variance Request #V04-005. The applicant, Refrigerated Container Sales, Inc., has requested a variance to deviate from the shipping container stacking and side yard setback requirements at the property located at 1802 N. Highway 146. On April 7t"the applicants were sent a_ letter~from the City, which cited the front screen requirements and the south side setback were not in compliance with the ordinance as well as a violation by having containers stacked more than four high. It was stated that the issue was one of safety ~ and _ therefore not a consideration for grandfathering. Public notices were mailed to two property owners; no responses were received. B. PROPONENTS Chairperson Gant swore in Kurt Boren, 1802 Hwy. 146. Mr. Boren believes a 300' setback from the property line will take care of any public safety issues. Mr. Boren distributed a letter from neighboring A&L Services, Inc., in favor of the variance, citing the containers act as a good barrier between the two facilities. Chairperson Grant swore in Mike Alecock, 1802 Hwy. 146 N. Mr. Alecock stated at the time of purchase, the property was zoned Light Industrial, which allowed heights up to 45 feet. ~ At that height, containers could be stacked five high. Mr. Alecock proposed leaving a 390' safety zone from the outside of the property with four high stacking and five high stacking reserved for the interior. C. ~ OPPONENTS There were none. Assistant City Attorney, John Armstrong, gave a brief history of City ordinances that have governed shipping containers. Mr. Armstrong suggested the applicants visit with the Planning and Zoning Commission and City Council if their intent is to initiate a change in current requirements. The Board, staff, and the applicants continued discussions. Motion by Bob Capen to deny the portion of Variance Request #V04-005 to allow stacking containers five high at property located at 1802 N. Hwy. ~ 146. Second by George Maltsberger. The motion carried. Ayes: Capen, Maltsberger, Schoppe, Rothermel, and Grant Nays: None Abstain: None