02-26-09 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment

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Zoning Board of Adjustment Minutes of February 26, 2009 Members Present: Charles Schoppe, Bob Capen, Rod Rothermel, Lawrence McNeal (Alt. No.1), and Gilbert Montemayor (Alt. No.2). Members Absent: George Maltsberger and Chester Pool. City Staff Present: Masood Malik, City Planner; Clark Askins, Assistant City Attorney; and Shannon Green, Secretary. 1. Call to Order. Vice Chairman Capen called the meeting to order at 6:00 p.m. 2. Consider approval of the January 22, 2009, meeting minutes. Motion by Rod Rothermel to approve the Minutes of January 22, 2009. Motion seconded by Charles Schoppe. The motion carried. Ayes: Nays: Abstain: Charles Schoppe, Bob Capen, Rod Rothermel, and Lawrence McNeal (Alt. No.1). None None 3. Consider Variance Request #V09-001 for the property located at 11011 San Jacinto Drive, further described by the Harris County Appraisal District as Lots 79, 80, and 81, Block 4, Battleground Estates, Section 1, La Porte, Harris County, Texas. Guy Yeary, property owner, seeks a variance to allow a carport built in the front yard setback to remain in place. 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. Yeary, is requesting a variance for a carport to remain in place at 11011 San Jacinto Drive. The pre- existing non-conforming carport was damaged during Hurricane Ike. Mr. Yeary removed the entire carport and started to build a replacement carport without a building permit. The carport is in violation because no structure shall continue to operate as a non-conforming status after the use or structure has been terminated or removed or otherwise brought into compliance with the current ordinance. Twenty-four property owners located within 200' of the subject tract were mailed public hearing notices. The City received three responses in favor of the variance. B. PROPONENTS Vice Chairman Capen swore in Guy Yeary, owner of 11011 San Jacinto Drive. Mr Yeary spoke in favor of the variance. Mr. Yeary's intention was to make improvements to his home after the damage left by Hurricane Ike. Vice Chairman Capen swore in Mark Follis of 831 S. th Street. Mr. Follis spoke in favor of the variance. Vice Chairman Capen swore in Gwen Arredondo of 11025 Monument. Ms. Arredondo spoke in favor of the variance. Vice Chairman Capen swore in Peggy Knight of 807 Robinson. Ms. Knight spoke in favor of the variance. Vice Chairman Capen swore in Victor Arredondo of 11025 Monument Drive. Mr. Arredondo spoke in favor of the variance. C. OPPONENTS There were none.