03-23-06 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment Minutes

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ZONING BOARD OF ADJUSTMENT MINUTES OF MARCH 23, 2006 Members Present: Sidney Grant, George Maltsberger, Charles Schoppe, Rod Rothermel, and Gilbert Montemayor (Alt. No.2) Bob Capen and Lawrence McNeal (Alt. No.1) Members Absent: City Staff Present Clark Askins, Assistant City Attorney; Masood Malik, City Planner; Peggy Lee, Secretary. NOTE: Gilbert Montemayor, Alt. NO.2 was a voting member. 1: CAll TO ORDER. Chairman Sidney Grant called the meeting to order at 6:00 p.m. 2. APPROVE MINUTES OF THE FEBRUARY 23, 2006, MEETING. Minutes of the meeting were approved as presented. 3. CONSIDER SPECIAL EXCEPTION REQUEST #SE06-D03 FOR PROPERTY lOCATED AT 9601 MONTGOMERY LANE, FURTHER DESCRIBED BY THE HARRIS COUNTY APPRAISAL DISTRICT AS WEST 48' OF lOT 198, BLOCK 11, SPENWICK PLACE, SECTION 2, lA PORTE, HARRIS COUNTY, TEXAS. THE APPLICANT, TIM E. SCHOOLEY, SEEKS AN EXCEPTION TO ERECT A FENCE IN THE FRONT YARD, PROHIBITED BY THE CODE OF ORDINANCES. THIS EXCEPTION IS BEING SOUGHT UNDER THE TERMS OF SECTION 106-191(B)(2)(A) OF THE CITY'S CODE OF ORDINANCES. A. STAFF PRESENTATION Masood Malik presented Staffs Report. The applicant, Tim Schooley, has requested a special exception to allow construction of a fence within the front yard setback of property located at 9601 Montgomery Lane. A fence existed at the site for over 35 years until removal of the home at 9521 Montgomery Lane. The proposed fence would be situated to join evenly with the existing fence of the abutting property owner. 16 property owners located within 200 feet of the subject tract were sent notification of the public hearing. Three responses were received favoring the exception and one was returned undeliverable. B. PROPONENTS Chairman Grant swore in Tim Schooley, 9601 Montgomery Lane. Mr. Schooley noted he has a 3-yr. old granddaughter and needs the fence for her safety. He also wants the fence to contain his pets. He plans to install a 6' or 6Y2' cedar fence along the back and sides and a wrought iron fence in the front. Chairman Grant swore in Linda Burpee, 9522 Montgomery Lane. Ms. Burpee lives across the street from the subject property. Mr. Schooley's new home has improved the neighborhood and the requested fence should not pose a problem. She agrees with Mr. Schooley that safety/security is a factor. Recently, she has experienced problems with teenagers/young adults riding motorcycles on her lawn. C. OPPONENTS No opposition was presented.