05-28-15 Zoning Board of Adjustment Meeting

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Board of Adjustment Regular Meeting May 28, 2015 Market at Spencer Setback Variance Zoning Land Use North N/A City of Deer Park, across Spencer Highway South R-1, Low Density Residential Existing single family residential lot (3203 Canada Road) West GC, General Commercial Existing Jack In The Box (across Canada Road) MH, Manufacture Housing Park Existing Pecan Plantation Manufactured Housing Park East GC, General Commercial Harris County Flood Control District Drainage Channel R-1, Low Density Residential Notice of Public Hearing: Section 106-194 of the Zoning Ordinance stipulates the various requirements for public notice of the public hearing. This variance included all of the necessary code requirements for a public hearing including the following: Notice of public hearing was posted in the newspaper of general circulation ten days prior to the date of the hearing. Mailed notices were sent to all owners of property lying within 200 feet of the site ten days prior to the date of the hearing. A sign was posted on the site ten days prior to the hearing date. Additionally, in compliance with state law, notice of the public hearing was posted at City Hall and on the City’s website at least ten days prior to the date of the public hearing. Applicable Code Provisions: Section 106-443(b), Footnote #1, outlines the requirement for a 20-foot setback adjacent to all designated conservation areas. The following is an excerpt from that section as applicable to this variance request (see highlighted): Sec. 106-443.-Table A, commercial area requirements. Modified (b)Footnotes to Table B. A minimum landscape setback of 20 feet will be required adjacent to all 1 designated conservation areas. Buildings, parking areas, loading docks, outside storage, and refuse containers will not be allowed in such setback areas.A planting plan is required to be submitted and approved by the enforcing officer. These areas are to be landscaped with trees, shrubs, and groundcover. Required landscaping must be maintained by the property owner and/or occupant. Sec. 106-1.-Definitions. Modified Conservation areameans a designation on the land use and zoning maps representing an area of natural undeveloped land, characterized by scenic attractiveness. When so designed, all conservation areas require a minimum setback of all buildings to be 20 feet from the edge of the stream or bayou bank, right-of-way line, or other natural features. 2