09-23-2004 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment

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• • ZONING BOARD OF ADJUSTMENT MINUTES OF SEPTEMBER 23, 2004 Members Present: Sidney Grant, Charles Schoppe, George Maltsberger, Bob Capen, Alternate No. 1 Barbara Norwine, and Alternate No. 2 Bernard Legrand Members Absent: Rod Rothermel City Staff Present: Interim Planning Director Wayne Sabo, Assistant City Attorney Clark Askins, and Planning Secretary Peggy Lee Note: Barbara Norwine (Alt. A) was a voting member for this meeting (in the absence of Rod Rothermel). Bernard Legrand (Alt: B) was not a voting member for this meeting. 1. CALL TO ORDER. Chairperson Sidney Grant called the meeting to order at 6:00 P.M. 2. APPROVE MINUTES OF THE AUGUST 26, 2004, MEETING. Minutes of the meeting were approved as presented. 3. CONSIDER VARIANCE REQUEST #V04-009, REQUESTED FOR PROPOSED HOTEUMOTEL TO BE LOCATED AT 401 WEST G STREET. THE APPLICANT SEEKS A VARIANCE TO EXCEED THE CITY'S STANDARD REQUIREMENT FOR MAXIMUM HEIGHT OF 45 FEET PER SECTION 10643, TABLE B, OF THE CODE OF ORDINANCES. THIS VARIANCE IS BEING SOUGHT UNDER THE TERM$ OF SECTION 106-192B(2) OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE. (THIS ITEM IS BEING RECONSIDERED AT THE REQUEST OF THE CHAIRMAN). Chairperson Grant requested this item be reconsidered. He explained that at the August 26, 2004, meeting, the motion to approve this Variance failed because three members voted in favor of granting the Variance and one against. He explained that since the motion was to grant the Variance, then the Variance was not denied, but rather failed, lacking the vote of all four members present. Board Members discussed the merits of reconsidering the Variance. Motion by Charles. Schoppe to reconsider Variance Request #V04-009 for a proposed hoteUmotel to be located at 401 West G Street. Second by Bob Capen. The motion carried. Ayes: Schoppe, Capen, Maltsberger and Grant Nays: Norwine Abstain: A. STAFF PRESENTATION Interim Planning Director Wayne Sabo presented Staffs Report. The request for a Variance was first considered at the August. 26, 2004, Board of Adjustment meeting. The applicant, Dimple Patel, requested a variance to build a hotel located at SH 146 and "G", which exceeds the City's 45' maximum height limit. Built as proposed; the peak of the roof exceeds maximum height requirements by approximately six feet. The irregular shape of the land is the basis for Mr. Patel's request.