07-28-05 Regular Meeting and Public Hearing Meeting of the La Porte Zoning Board of Adjustment MInutes

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ZONING BOARD OF ADJUSTMENT MINUTES OF JULY 28, 2005 Members Present: Sidney Grant, George Maltsberger, Bob Capen, Alternate No. 1 Lawrence McNeal, and Alternate NO.2 Gilbert Montemayor Members Absent: Rod Rothermel, Charles Schoppe City Staff Present: Wayne Sabo, Planning Director; Clark Askins, Assistant City Attorney, Peggy Lee, Office Coordinator; Traci Koenig, Secretary II 1. CALL TO ORDER Chairperson Sidney Grant called the meeting to order at 6:00 p.m. 2. APPROVE MINUTES OF THE MAY 26, 2005, MEETING. Minutes of the meeting were approved as presented. 3. CONSIDER VARIANCE REQUEST #V05-003 FOR PROPERTY LOCATED AT 777 S. 'R' STREET AND IN THE 1800 BLOCK OF SOUTH BROADWAY (OLD HIGHWAY 146), FURTHER DESCRIBED BY THE HARRIS COUNTY APPRAISAL DISTRICT AS LOTS 1 THRU 32, BLOCKS 1218 AND 1255, TOWN OF LA PORTE, LOT 1 BLOCK 1 OF CRESCENT SHORES, VOL. 8. PG. 58, H.C.M.R., 13.50 ACRES OUT OF LOT 23 OF THE W.B. LAWRANCE SUBDIVISION, JOHNSON HUNTER LEAGUE, ABSTRACT NO. 35, VOL. 83, PG.596 H.C.D.R., LA PORTE, HARRIS COUNTY, TEXAS. THE APPLICANT, CHARLES BERDON LAWRENCE, IS SEEKING A VARIANCE TO CONSTRUCT AN 8' HIGH WOOD FENCE AROUND THE ENTIRE PROPERTY FOR SECURITY PURPOSES. THIS VARIANCE IS BEING SOUGHT UNDER THE TERMS OF SECTION 106-192(B) OF THE CITY'S CODE OF ORDINANCES. A. STAFF PRESENTATION Wayne Sabo, Director of Planning, presented staffs report. Staff noted that the variance is in conflict with Section 106-971 thru 106-973 of the City of La Porte's Code of Ordinances. However, the Staff also noted that the size of the property renders the property exempt from the prohibition of a fence in the front yard area, as stated in Section 106-791 of the Code of Ordinances. Observance was made of the aesthetic value of the proposed fence in the surrounding neighborhood. The city also informed the Board that the public rights of way inside the proposed fence will be closed. B. PROPONENTS The applicant, Charles Berdon Lawrence, was sworn in to speak on behalf of V05-003. Mr. Lawrence had two main concerns which prompted him to request the variance. The primary concern was for the safety and security of the property. According to Mr. Lawrence, the happenings sometimes in Little Cedar Bayou are "bad." He believes that the 8' fence would prevent unwanted trespassers from easily treading on or dumping on his property. The next concern was the traffic on S. Broadway. C. OPPONENTS There were none. Mr. Lawrence responded to questions from the Board. Motion by Bob Capen to approve Variance Request #V05-003 to allow construction of an eight foot fence around the entire property located at 777 S. 'R' Street and in the 1800 block of South Broadway (Old Highway 146). The motion carried.