01-22-09 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment

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ZONING BOARD OF ADJUSTMENT MINUTES OF JANUARY 22, 2009 Members Present: George Maltsberger, Chester Pool, Bob Capen, Rod Rothermel, and Lawrence McNeal, (Alt. No.1) Members Absent: Charles Schoppe, and Gilbert Montemayor (A It. No.2) City Staff Present: Masood Malik, City Planner; Clark Askins, Assistant City Attorney; and Shannon Green, Secretary 1. CALL TO ORDER Chairman Maltsberger called the meeting to order at 6:00 p.m. 2. CONSIDER APPROVAL OF THE DECEMBER 04,2008, MEETING MINUTES. Motion by Rod Rothermel to approve the Minutes of December 04, 2008. Motion seconded by Bob Capen. The motion carried. Nays: Abstain: George Maltsberger, Chester Pool, Bob Capen, Rod Rothermel, and Lawrence McNeal, (A It. No.1) None None Ayes: 3. CONSIDER VARIANCE REQUEST #V08-008 FOR THE PROPERTY LOCATED AT 327 SPENCER LANDING EAST, FURTHER DESCRIBED BY THE HARRIS COUNTY APPRAISAL DISTRICT AS LOT 22, BLOCK 2, SPENCER LANDING SUBDIVISION, SECTION 2, LA PORTE, HARRIS COUNTY, TEXAS. BILL DICKERSON, PROPERTY OWNER, SEEKS A VARIANCE TO ALLOW AN 8' FENCE TO REMAIN IN PLACE EXCEEDING THE 6' MAXIMUM HEIGHT LIMIT FOR REAR AND SIDE YARD FENCES. THIS VARIANCE IS BEING SOUGHT UNDER THE TERMS OF SECTION 106-192 (b) (2) OF THE CODE OF ORDINANCES. A. STAFF PRESENTATION Masood Malik, City Planner, presented Staffs Report. The applicant, Mr. Dickerson of 327 Spencer Landing E, constructed a new rear and side fence that exceeds the maximum allowable height limits. The applicant constructed the fence in accordance with the Covenants, Conditions and Restrictions for Spencer Landing Subdivision. The applicant requests a variance to allow an existing fence of eight feet in height to remain in place contrary to the provisions established by the Code of Ordinances. B. PROPONENTS Bill Dickerson of 327 Spencer Landing E, addressed the Board. Mr. Dickerson stated that his fence suffered damage due to Hurricane Ike. He hired a contractor to rebuild the fence. As the property is a corner lot and directly adjacent to the Spencer Landing Park, the intent was to build a uniform appearance with the adjourning fence line. The corner lot has a natural downward slope towards the sidewalk. Due to the unlevel ground, the fence at the center of his property exceeds the maximum allowed 6' 6" limit by 8". C. OPPONENTS There were none. Motion by Rod Rothermel to approve Variance #V08-008. Motion seconded by Chester Pool. The motion carried. Ayes: George Maltsberger, Chester Pool, Bob Capen, Rod Rothermel, and Lawrence McNeal, (A It. No.1) None None Nays: Abstain: Assistant City Attorney, Clark Askins read aloud from Section 106-196 of the Code of Ordinances, which addresses Appeals.