03-25-10 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment

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Zoning Board of Adjustment Minutes of March 25, 2010 Members Present: Rod Rothermel, Chester Pool, T.J. Walker, (Alt. No.1), and Gilbert Montemayor (Alt. No.2). Members Absent: George Maltsberger, Lawrence McNeal, and Charles Schoppe. City Staff Present: Masood Malik, City Planner; Clark Askins, Assistant City Attorney; Shannon Green, Planning Assistant. 1. Call to Order. Vice-Chairman Rod Rothermel called the meeting to order at 6:00 p.m. 2. Consider approval of the January 27, 2010, meeting minutes. Motion by Chester Pool to approve the Minutes of January 27, 2010. Second by Gilbert Montemayor. Motion carried. Nays: Abstain: Rod Rothermel, Chester Pool, T.J. Walker, (Alt. No.1), and Gilbert Montemayor (Alt. No.2). None None Ayes: 3. Consider Variance Request #V10-001 for the property located at 10833 W. Mulberry Drive, further described as Lot 9, Fairmont Park East Section 3 RIP, W.M. Jones Survey, A-482, La Porte, Harris County, Texas. The variance seeks to allow the construction of a swimming pool with reduced setback to adjacent structures and utility easement in the rear yard. The variance is being sought under the terms of Section 106-192 (b) (2) of the Code of Ordinances of the City of La Porte. A. STAFF PRESENTATION Masood Malik, City Planner, presented staff's report. Twenty-two public hearing notices were mailed to property owners within 200' of the subject property. The City received one response favoring and one response opposed. B. PROPONENTS Julio Cruz applicant, spoke in favor of the variance. C. OPPONENTS There were no opponents. D. PROPONENTS REBUTTAL There were no rebuttals. Motion by Chester Pool to approve Variance #V1 0-001, for the property located at 10833 W. Mulberry Drive to allow construction of a swimming pool within applicable building line setbacks, based on the following: . Allow the water's edge of the pool to be located three feet (3') off the back edge of the house instead of the City's standard six-feet (6') setback, subject to the condition that the water's edge of the pool be located no closer than six-feet (6') from the back door of the house. . Allow the water's edge of the pool to be located one foot (1') off the utility easement instead of the City's standard three-foot (3') setback.