02-23-06 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment Minutes

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ZONING BOARD OF ADJUSTMENT MINUTES OF FEBRUARY 23,2006 Members Present: Sidney Grant, Bob Capen, Rod Rothermel, Charles Schoppe, Lawrence McNeal (Alt. No.1), and Gilbert Montemayor (Alt. No.2) Members Absent: George Maltsberger City Staff Present: Clark Askins, Assistant City Attorney; Masood Malik, City Planner; Traci Koenig, Secretary. NOTE: Alternate No. 1 was a voting member in the absence of George Maltsberger. 1. CAll TO ORDER. Chairman Sidney Grant called the meeting to order at 6:00 p.m. 2. APPROVE MINUTES OF THE OCTOBER 27, 2005 MEETING. Minutes of the meeting were approved as presented. 3. ADMINISTER OATH OF OFFICE TO REAPPOINTED MEMBER, SIDNEY GRANT. Assistant City Attorney, Clark Askins, administered the Oath of Office to Sidney Grant. 4. CONSIDER APPEAL OF AN ENFORCEMENT OFFICER'S DECISION #A06-001 FOR PROPERTY lOCATED AT 11315 NORTH 'H' STREET, FURTHER DESCRIBED BY THE HARRIS COUNTY APPRAISAL DISTRICT AS LOTS 248 AND 253 OF THE LA PORTE OUTlOTS IN THE ENOCH BRINSON SURVEY, ABSTRACT 5, lA PORTE, HARRIS COUNTY, TEXAS. THE PROPERTY OWNERS, ROBERT AND lORI DRUCKENBRODT, SEEK APPROVAL TO EXTEND EXISTING BARN AND ADD A DOG RUN (KENNEL) WITHIN REQUIRED SIDE YARD SETBACKS. THIS APPEAL IS BEING MADE UNDER THE PROVISIONS OF SECTION 106-89(3) OF THE CITY'S CODE OF ORDINANCES. A. STAFF PRESENTATION Masood Malik presented the Staffs Report. The applicants, Robert and Lori Druckenbrodt, are appealing the enforcement officer's decision to apply Code of Ordinances Sections 106- 331 and 106-743 to the proposed development of a breeding kennel at 11315 N. "H" Street. The permit was denied because the kennel must be no closer than 100 feet from the property line. The applicants have requested their property line be extended to include additional land they lease to the west of the subject tract, within a pipeline corridor. Staff contends the applicant owns ample land to develop the kennel within the subject tract and adhere to current regulations. Seventeen property owners within 200 feet of the subject tract were sent notification of the public hearing. Five responses were received favoring the appeal. B. PROPONENTS Chairman Grant swore in Don Spiller, 11501 N. "H" St. Mr. Spiller's understanding is the applicants' kennel received damage during a storm and they are now trying to make improvements. Chairman Grant swore in Robert Druckenbrodt, 11315 N. "H" St. In order to develop a kennel and remain 100' away from the property line, the kennel would need to be placed in the middle of his property, which is his driveway. Mr. Druckenbrodt would like the adjacent leased 14 acres be factored into the calculation.