11-06-08 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment

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Staff Report December 04, 2008 Special Exception Requests #SE08-003 &004 Requested by: City of La Porte through Director of Planning Requested for: Lot size and width requirements in the Large Lot District Location: 11000 Block of North P Street Lee:al Description: TRS 327A-l, 334A, 334A-l, 347A, & 347A-l, La Porte Outlots Zonine:: Large Lot District (LL) Backe:round: · As a part of La Porte's Comprehensive Plan and the F-I0l Master Watershed Improvement Plan, expansion of the F 101-06-01 channel system is recommended to help ease the drainage issues in the Lomax area and to serve future developments. · Several years ago, the owners of 9.8521 acres of land identified as F101 channel system, submitted a subdivision plan (See Exhibit C) to subdivide the area needed for channel improvement. · The City of La Porte negotiated a public fee strip of varying width for the purpose of storm water conveyance, open channel construction for the F 101 drainage system, specifically the F 1 0 1-06-0 1 channel and maintenance. · The fee strip is across a portion of land out of La Porte Outlots 327, 334 and 347, map or plat recorded in Volume 61, Page 374, D.R.H.C., in the Enoch Brinson League, Abstract No.5, La Porte, Harris County, Texas. The fee strip consists of2.9724 acres. · During the August 23, 2004, City Council meeting, a question was raised about the legal prerequisites for filing a condemnation suit against the owner of several tracts of land in the Lomax area identified as F 1 0 1-06-0 1. · Under the Texas Property Code, an entity that has actually filed a condemnation suit must show that it attempted settlement of, but was unable to agree with the property owner on a price for the property to be acquired. Once a condemning entity has decided to proceed with condemnation, it must attempt to reach a settlement with the landowner on a purchase price before actually filing its petition in court. · The City hired an appraiser to determine its fair market value. The owner of the land presented a counter appraisal. Ultimately, the case was settled in the County Commissioner's Court. · The City ended up purchasing the tracts ofland (7.8521 acres) less two acres, which was sold by the owner prior to submitting a plat with the City.