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Home My WebLink AboutAPPEAL OF THE ENFORCEMENT OFFICERS DECISION 1911 WEST MAIN ST_12-95000002Zoning Board of Adjustment Meeting Date: 8 - c73 - /a Public Hearing Items Submittal Deadline: 7- 3 D - /a . Public Notice Deadlines: Forward to Paper 9- 3 a s✓ Publication Date g - 9 - /c,7 A✓, Posting at City Hall 9 - 3 - is ,✓ CSO, Marquee & Website 9 - 13 - /, Mail out/Sign Record Retention Packet Distribution �t5- / a IA-' Submit Singed Original to Vault Agenda Posting - / 7 - 02 Type of Submittal Public Mail out Location . Applicant Hearing Required' V�.�,� Required y �ozez S `y ' 0— aoaoas y ✓� 6 g/oz �w fof • GYmawjly✓ a _ o000 Aj� �i i.�_ ysa0000a. S:\City Planning Share\Boards & Commissions\Board of Adjustment\Forms\ZBOA Meeting Folder Form.doc Date Received 7-as-1-2 % -3 0-/01 CITY OF LA PORTE PLANNING DEPARTMENT 604 W. Fairmont Parkway, la Porte, TX 77571 www.laportetxq_ov Phone: (2811471-50201 Fax (281) 471-5005 August 27, 2012 Brett E. Gilbreath CERTIFIED MAIL #70112000 00014260 33U Gilbreath &r Company P. O. Box 1264 Friendswood, TX 77549 Re: Appeal of the Enforcement Officer's Decision #12-95000002 Dear Mr. Gilbreath, On August 23, 2012, the La Porte Zoning Board of Adjustment met to consider the above referenced Appeal of the Enforcement Officer's Decision. The Board voted to support the Enforcement Officer's decision to deny the permit for erection of an off -premises advertising sign at 1911 West Main Street (Spencer Highway), La Porte, Harris County, Texas. Per Section 106-196 of the City's Code of Ordinances: Any person or persons, jointly or severally, aggrieved by any derision of the Board of Adjustment, or any taxpayer, or any officer, department, board or bureau of the City of La Porte may present to a court of record a petition for a writ of certiorari, as provided by Vernon's Tmas Codes Annotated, Local Gavcrnment Code, Section 211.011, duly verified setting forth that such decision is illegal, in whole or in part, sperifying the grounds of the illegality. Such petition shall bepresented to the court within ten (10) days after the filing of the decision in the office of the Board of Adjustment Sincerely, Georg ltsberger Chairperson, La Porte Zoning Board of Adjustment c: File Debbie Wilmore, Chief Building Official ■ Complete Items 1, 2, and a, Also complete t�`� Item 4 n Resetcted Dercvery Is desired. J�,/] the ■ Print your name and address on e reverse B, ( c. Deis so that we can return the card to you. th ■ Attach this card to e back of the mallplace, ..-._m or on the from If space perrnits. D. Is deulay.eddlns 4 rc YES;'ama deMery s 1. Article Addressed to: E r�kl Gi I W1 tt SEP . 3-4 ZO Q p X 1a6� '�jl nlViS/I p•T(�,�. I 1s �.P BOOM = for Medlmdbe �• vv��+^� o eneee Meq ❑ cam 4. Rwtrkied Deaysy! P" FaV O Yee 2. Article Number 71711 2000 l]O171 4260 3311 ' '(nensrer arm service Jew- - Ps Form 3811, F1lbruuwy 2oo4 Domestic Rebsn PAo'pt I Kt610 UNITED STATES POSTAL SERVICE •' I II II I Postage oster e & Feiss Paid Permit 1 { • Sender: Please print your name, address, and ZIP+4 in this box e CITY OF LAPORTE PLANNING DEPARTMENT 604 W. FAIRMONT PKWY LAPORTE,TX 77571 ,_�:,� ull,nil,Illlllll�IilI11iIIIIhIIIlliall�llillllulllnllvlln U.S. Postal Service,,., . ,3_ CERTIFIED MAIL,,, RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at wvnv.usps.come FOM&FA7691AL USE lip I 1: �1 I 1�1 i k83AV-O9-008-L I mdn-dod PJOqaJ 01 J819A94 asua5I 009L5 ®Al13AV I!Jegen al zaslmn worm Aiane,AAmm I op uge agpeq el q zasp da8 ; salad @ salpe; souon'bpq GUS BRIEDEN I CENTERPOINT ENERGY HOU SOUTHERN PACIFIC RR 285 PRIVATE RD. 7615 P 0 BOX 1475 1400 DOUGLAS ST. #1640 DEVINE, TX 78016-5176 HOUSTON, TX 77251-1475 j OMAHA, NE 68179-1640 T ®09Ls ®AklaAV ,843 dn-dod asodxa .� jaded paa; i of au!! 6uole pugs ® i 009L5 aleldwal ®tianV osn slagel ®laad Ase3 NOTICE OF PUBLIC HEARING ON APPEAL OF ENFORCEMENT OFFICER'S DECISION#12-95000002 Notice is hereby given that the La Porte Zoning Board of Adjustment will conduct a public hearing at 6:00 P.M. on the 23'd day of August 2012, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas, in accordance with the provisions in Section 106- 194 of the City of La Porte's Code of Ordinances, and the provisions of the Texas Local Government Code. The purpose of the public hearing is to receive public input on Appeal of Enforcement Officer's Decision #12-95000002, which has been requested by Brett Gilbreath, owner of the sign located at 1911 W. Main Street. The property is further described as Lots 5-9, 11-28, TRS 4, 10 & 29, Block 727, Town of La Porte, Johnson Hunter Survey, Abstract 35, and TR 1C, R. Pearsall Survey, Abstract 625, La Porte, Harris County, Texas. The applicant is seeking approval to erect off -premises advertising sign within 1,000 ft. of an existing sign, which is prohibited per Section 106-875(h) of the Code of Ordinances. This appeal is being sought under the terms of Section 106- 89(3) of the City's Code of Ordinances. Following the public hearing, the Zoning Board of Adjustment will act upon the public hearing item and conduct other matters pertaining to the Board. Citizens wishing to address the Board pro or con during the public hearing are required to sign in before the meeting is convened. CITY OF LA PORTE -Pobbu RL Jf1 Patrice Fogarty, City Secretary A quorum of City Council members may be present and participate in discussions during this meeting; however; no action will be taken by Council. In compliance with the Americans with Disabilities Act, the City of La Porte will provide for reasonable accommodations for persons attending public meetings. To better serve attendees, requests should be received 24 hours prior to the meetings. Please contact Patrice Fogarty, City Secretary, at 281.470.5019. CERTIFICATION 1 certify that a copy of this public hearing notice was posted on the City Hall bulletin board on the _ day of 2012. Title: A Meeting of the La Porte Zoning Board of Adjustment (Type of Meeting) Scheduled for August 23, 2012 (Date of Meeting) to Consider Appeal of Enforcement Officer's Decision #12-95000002 (Type of Request) I have received notice of the above referenced public hearing. I am in FAVOR of granting this request for the following reasons: I am OPPOSED to granting this request for the following reasons: Name (please print) Address Signature City, State, Zip CITY OF LA PORTE PLANNING DEPARTMENT 604 W. Fairmont Parkway, La Porte, TX 77571 www.laportetx.gov Phone: (2811471-50201Fax (281)470-5005 Re: Appeal of Enforcement Officer's Decision #12-95000002 Dear Sir or Madam: This is to notify you that the City of La Porte has received an above referenced Appeal. The applicant is seeking approval to erect an off -premises advertising sign at 1911 West Main Street. Per City's Code of Ordinances, proposed development is prohibited within 1,000 feet from another sign. Section 211.006 of the Texas Open Meetings Act states that a notice of the public hearing must be delivered to all property owners within 200 feet of the subject site. On August 23, 2012, public testimony for or against the above request is allowed at the hearing before the Zoning Board of Adjustment. If you would like to comment on the proposed request, you may either appear in person or send your written comments on the enclosed response form. Please contact the Planning Department at (281) 470-5058 should you require additional information. A Meeting of the La Porte Zoning Board of Adjustment (rypc of Meeting) Scheduled for August 23, 2012 (Date of Meeting) to Consider Appeal of Enforcement Officer's Decision #12-95000002 (Type of Request) I have received notice of the above referenced public hearing. I am in FAVOR of granting this request for the following reasons: I am OPPOSED to granting this request for the following reasons: Name (please print) Address Signature City, State, Zip CITY OF LA PORTE PLANNING DEPARTMENT 604 W. Fairmont Parkway, La Porte, TX 77571 www.laportetx.gov Phone: (281)471-5020IFax (281)470-5005 Re: Appeal of Enforcement Officer's Decision #12-95000002 Dear Sir or Madam: This is to notify you that the City of La Porte has received an above referenced Appeal. The applicant is seeking approval to erect an off -premises advertising sign at 1911 West Main Street. Per City's Code of Ordinances, proposed development is prohibited within 1,000 feet from another sign. Section 211.006 of the Texas Open Meetings Act states that a notice of the public hearing must be delivered to all property owners within 200 feet of the subject site. On August 23, 2012, public testimony for or against the above request is allowed at the hearing before the Zoning Board of Adjustment. If you would like to comment on the proposed request, you may either appear in person or send your written comments on the enclosed response form. Please contact the Planning Department at (281) 470-5058 should you require additional information. T `v Mailto CITY OF LA PORTE CITY OF LA PORTE BRIEDEN GUS BRIEDEN GUS R BRIEDEN GUS BRIEDEN GUS BRIEDEN GUS R CENTERPOINT ENERGY HOU ELE SOUTHERN PACIFIC RAILROAD COMPANY UNION PACIFIC RA Mail_Addr_ PO BOX 1115 PO BOX 1115 285 PRIVATE ROAD 7615 HC 69 BOX 200A 285 PRIVATE ROAD 7615 1813 W MAIN ST HC 69 BOX 200A PROPERTY TAX DEPT 38TH FLR 1400 DOUGLAS ST STOP 1640 14 Mail Addrl PO BOX 1475 Mail_City Mail —State Mail_Zip LA PORTE TX 77572-1115 LA PORTE TX 77572-1115 DEVINE TX 78016-5176 DEVINE TX 78016-9803 DEVINE TX 78016-5176 LA PORTE TX 77571-4632 DEVINE TX 78016-9803 HOUSTON TX 77251-1475 OMAHA NE 68179-1640 ai."uNk'bqa ing Falinaubt 1irk.$V3Y.'U'POrt(C6' I. -Ile %'Lons"Ik.SO 1105494 4`1: e ( 'i4 11 To x a, Ab- prou Ims'af flic-TcwdofUd. 036-Va'n.-mal, C WE R =-"IV' C_ ARM A'p a 14. R) Auk on. pq publk-b A ISA p W.- I.., Is ib L m. .10. & z), Black 'UAIW-p�(� tvji4br&1f'd6.= od,-.,Li as 15@9 S 727 rsh I'L I 1-ISM, al 9, 12MI, And TIR TF6 lb a - AR -,j61 , _* - I ' L% I ..j N' r c. H A c x wu. v, '0 CrX[ -An alst'l .'s PCT. SO' di ag. p 'I U6_.8750 is bdug srAqbfwW. cr,"th0a TR 90 LI). Of ho-CO& Tdipm= sapp Fwa K WA�31-) of the GqlylsCokof Ord tu= of':Adjuouxt will aca acuand,cmd.wt AeT 1302 cou, durang'At'gubk beajqg-vvmq. Wrt'd to:Sigoln. 4.711T1{INV TA NOTICE OF PUBLIC HEARING ON APPEAL OF ENFORCEMENT OFFICER'S DECISION#12-95000002 Notice is hereby given that the La Porte Zoning Board of Adjustment will conduct a public hearing at 6:00 P.M. on the 23rd day of August 2012, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas, in accordance with the provisions in Section 106- 194 of the City of La Porte's Code of Ordinances, and the provisions of the Texas Local Government Code. The purpose of the public hearing is to receive public input on Appeal of Enforcement Officer's Decision #12-95000002, which has been requested by Brett Gilbreath, owner of the sign located at 1911 W. Main Street. The property is further described as Lots 5-9, 11-28, TRS 4, 10 & 29, Block 727, Town of LaPorte, Johnson Hunter Survey, Abstract 35, and TR 1C, R. Pearsall Survey, Abstract 625, La Porte, Harris County, Texas. The applicant is seeking approval to erect off -premises advertising sign within 1,000 ft. of an existing sign, which is prohibited per Section 106-875(h) of the Code of Ordinances. This appeal is being sought under the terms of Section 106- 89(3) of the City's Code of Ordinances. Following the public hearing, the Zoning Board of Adjustment will act upon the public hearing item and conduct other matters pertaining to the Board. Citizens wishing to address the Board pro or con during the public hearing are required to sign in before the meeting is convened. CITY OF LA PORTE ,pab C L '" Patrice Fogarty, City Secretary A quorum of City Council members may be present and participate in discussions during this meeting; however; no action will be taken by Council. In compliance with the Americans with Disabilities Act, the City of La Porte will provide for reasonable accommodations for persons attending public meetings. To better serve attendees, requests should be received 24 hours prior to the meetings. Please contact Patrice Fogarty, City Secretary, at 281.470.5019. CERTIFICATION I certify t a copy of this public hearing notice was posted on the City Hall bulletin board on the day of ,_r,(r„ctG� 2012. Title: Publication of Public Hearing Notices Please complete the following information and obtain approval from the Director of Planning prior to submitting Public Hearing Notices to the Houston Chronicle for publication. Publication Date: August 09, 2012 Type of Meeting: Board of Adjustment Meeting Date: August 23. 2012 Applicant(s) Name: Brett Gilbreath Type of Request: Appeal of the Enforcement Officer's Decision Request #: #12-95000002 Location: 1911 W. Main Street Briefly describe the basis for the applicant's request: The applicant aooeals for a denied permit for billboard placement within 1000 feet. Submitted for publication by: Date: Approved for publication by: Date: 8-02-12 t �JCI- ��I�J NOTICE OF PUBLIC HEARING ON APPEAL OF ENFORCEMENT OFFICER'S DECISION#12-95000002 Notice is hereby given that the La Porte Zoning Board of Adjustment will conduct a public hearing at 6:00 P.M. on the 23rd day of August 2012, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas, in accordance with the provisions in Section 106- 194 of the City of La Porte's Code of Ordinances, and the provisions of the Texas Local Government Code. The purpose of the public hearing is to receive public input on Appeal of Enforcement Officer's Decision #12-95000002, which has been requested by Brett Gilbreath, owner of the sign located at 1911 W. Main Street. The property is further described as Lots 5-9, 11-28, TRS 4, 10 & 29, Block 727, Town of La Porte, Johnson Hunter Survey, Abstract 35, and TR 1C, R. Pearsall Survey, Abstract 625, La Porte, Harris County, Texas. The applicant is seeking approval to erect off -premises advertising sign within 1,000 ft. of an existing sign, which is prohibited per Section 106-875(h) of the Code of Ordinances. This appeal is being sought under the terms of Section 106-89(3) of the City's Code of Ordinances. Following the public hearing, the Zoning Board of Adjustment will act upon the public hearing item and conduct other matters pertaining to the Board. Citizens wishing to address the Board pro or con during the public hearing are required to sign in before the meeting is convened. CITY OF LA PORTE Patrice Fogarty, City Secretary A quorum of City Council members may be present and participate in discussions during this meeting; however; no action will be taken by Council. In compliance with the Americans with Disabilities Act, the City of La Porte will provide for reasonable accommodations for persons attending public meetings. To better serve attendees, requests should be received 24 hours prior to the meetings. Please contact Patrice Fogarty, City Secretary, at 281.470.5019. CERTIFICATION 1 certify that a copy of this public hearing notice was posted on the City Hall bulletin board on the day of 2012. Title: CITY OF LA PORTE ZONING BOARD OF ADJUSTMENT APPEAL OF ENFORCEMENT OFFICER'S DECISION Appltcat�on No.: /oI SODOOOa OFFICE USE ONLY: Fee: $150.00 Date Received: 8-.2 Applicant: Name P.O. 13yx 12 (.4 PH: i3/•952-�sts Address '7-7'y9 I am the owner of the herein described property. I have authorized rl� G, 4,w*M to act on my behalf in this matter. Owner*: 6 41'CAJ,( E 6 10 gnc l2G'f Name 20iww� /k PH: �>'l `ls2-�ls3 Address �7-s'/5 I am appealing the decision regarding or the interpertation of Sect. /° b-P7S(h) of the City Zoning regulations Chapter 106 of the Code of Ordinances. I am making this M= °/�d� 7L% appeal in regards to the property located at: LTa 5 9 c«J T�+S `; b . Zf ° /°/// fi�«ti sifwr* �n�o2r� �� -1c,A Street Address Legal Description (x) Site Plan ( ) Minor Development Site Plan ( ) Major Development Site Plan ( ) General Plan A Site Plan of the property is attached. Also, I have listed the information requested below on the following pages of this form. a) All facts concerning the matter that has led up to this request. b) The type of relief I am seeking (setbacks, lot coverage, etc. ). c) The grounds upon which I am making this request. * If applicant is NOT the owner, he must provide Authorization to act on the Owner's behalf. / Zv / L ate Applicant's Signature OFFICE USE ONLY Site Plan and Authorization (if applicable) attached? Yes O No( ) Date transmitted to the Board of Adjustments: Meeting Date: Applicant Notified of Date: Board's Decision: Approved ( ) Denied ( ) Notice of Board Decision mailed to Applicant/Owner: 2 If there is not adequate room on the remainder of this form to list all pertinent information, please feel free to attach an additional letter or any information and exhibits you feel the Board should consider. FACTS RELEVANT TO THIS MATTER: J. z A-77;4-,.4 , P TYPE OF RELIEF BEING SOUGHT: GROUNDS FOR THE REQUEST: SACPSharckU WEMON DIVISION\Staodard FormAZONING APPEAL OFFICERS DEC.doc REVISION IM21/03 RYC Relevant Facts: By ordinance the City allows off -premise signs to be erected in this zone. In our meeting as of August 1, 2012 with Mr. Huber and Mr. Ramos, we were informed that the sole reason that we were going to be denied the building permit was the basis that there is an existing billboard "across the freeway" within the 1,000' spacing. The City stated that they now enforce a "radial spacing" that includes signs across the freeways. LaPorte Section 106-875 Off -premise signs, Section (h) states that "All off -premise freestanding signs shall be spaced in intervals of not less than 1,000 feet." The regulation makes no statement that measurements are to be taken from signs across the freeway or in a radial (circular) manner. The regulation is effectively the same as it was when other off -premise permits were granted (see below). Type of Relief Being Sought: Permit Issuance at Existing site on Permit Application Grounds for the Request: No other cities within our market area in Texas, nor does the Texas Department of Transportation measure spacing from other signs across the freeway in this manner (See attached Exhibit from TxDot Regs). The regulation is vague and is being interpreted in an extreme manner. TxDot's regulations specifically state below: §21.187. Spaciof SiSig (c) For a highway on a non -freeway primary system highway and within the incorporated boundaries of a municipality, signs on the same side of the highway may not be erected closer than 300 feet apart. (d) For the purposes of this section, While at another firm, the applicant has applied for and received several permits (SH 146) from the City of LaPorte whereby the radial spacing was not utilized nor considered in the permitting process. If the City interpreted the regulation in such a manner, these permits too would have been denied due to "radial spacing", but they were indeed granted and erected (Two off -premise sign permits along the eastern side of SH 146, south of SH 225) without challenge. Texas Department of Transportation Rules & Regs SUBCHAPTER I. REGULATION OF SIGNS ALONG INTERSTATE AND PRIMARY HIGHWAYS §21.187. Spaci� ng of sig s. (c) For a highway on a non -freeway primary system highway and within the incorporated boundaries of a municipality, signs on the same side of the highway, may not be erected closer than 300 feet apart. (d) For the purposes of this section, (g) The spacing requirements of this section do not apply to signs separated by buildings, natural surroundings, or other obstructions in a manner that causes only one of the signs to be visible within the specified spacing area. PERMIT APPLICATION City of La Porte Established 1892 w 9A 281-470-5073 N Building V Mechanical *Electrical *Plumbing *(See back of form) Project Address: / / (/ ✓AQN« ^- Owner's ZPA 99 1- Address: ?off W. FA-r'1—PJ✓oV.0 Tu 97Y-V4 Street City Zip Contractor: �.f� Phone: Street City Zip Contractor Email address:4t'ffd $ �!(,,-?Kg�d4' Fax: ZQ/' / 4'"W Contact Person: lip"17 G CA �+ Engineer: Cae'ni 7�%t iZ Building Use: S/5 ) Sq.Footage: 6-72 V.F. #Stories Valuation: �2S0.20.00 Describe Work: f%f4 tw 1o4 APPLICANTS SIGNATURE �Qfyy DATE: APPLICANTS PRINTED NAME For City Use Only Occupancy Type Flood Zone Class Work Sq. Ft. Construction Type Use Zone # Stories Parking Req Last use of Building Date use ceased: Commercial Buildings Plans Only -Fire Marshal Approval Date Checked/Approved for Issuance By: Date CE: Special Conditions: HCAD Residential driveway tie-in fee: Parkland(New Res. Only): Zone # Fee: Permit No. _ _ Permit Fee Plan Check Fee: 4") 03/21/2012 10:16 7136750990 HIS PAGE 02 `1 ��p OZ �'T Q� 7�"��0� J��7ro� •:J5r1 '' � G.t•S � d 4� � �: C. L7)Z C� rb (,Pm jgg g'S . r .S -ej BL65ti �• 01, � ono 1 L • ; 92. �! 000f, . Oq'Z K ..5,b 0•) : 2 l /ems si.asn -..„.. y. ' .. : .... S ..... ....:. s%any� Z. `► z'.i ' ill s (�s�/ •�.5�� (.'''..../'"! ' ov., &L-0 1 r...-t'L9 t _..:�,.—�- ��1 •�r� �,/.ro£/ ': �i�y�a.lv�. o,•lrr r��3�cFj; /_y �3;.tlillWr� pl+.q'1-1.9 034ror,5S% 10 +1F; Form ROW-OA< (Rev. I1117/11) LICATION n to be Located Along an System Highway Itification Act (HBA) For Department Use Record ID: Permit Number:_ Date Issued: 01`5 �t L U ructions This form is susceptible to !fng the latest version download the form at: htp ......... uur.gov/brdot library/forms/outdoor advertising.htm Complete this application in its entirely. If a permit application is incomplete or has incorrect information, it will be rejected and the application fee paid to the department will not be refunded. In no case will the original application be returned to the applicant. A re -submittal of an application will require a new application fee and permit application with original signatures and notary seal. An application that is returned because it is not complete or has incorrect information, loses its priority location. Part 2 — Applicant Information Full name of applicant as shown o Outdoor Advertising License: /^c 4 H �- Street Address: (p City �� State, Zip: -7s Outdoor Advertising License No: t^*��✓OJ� 7 Y4 (y Lbo My Email (not required, but provides efficient and timely contacts): Work Phone: 4,-c1�k -. d co. C� - 2 9l — 9 f 2 Part 3 — Sign Location Information County: Hwy Designation and No. (Example - US183, SH6 or Side of Hwy (check one): 1tir f IHf0): f' cc , c./ ❑ N S ElE ClW Name of nearest city to sign site: Name andDistance to nearest Hwy/Rd/St Intersection to sign site �Q (Example - 955 feet north of Jones Rd.): ri+7 �J A7v. p Check only one of the following: Inside city limits ❑ Outside city limits, but inside the city ETJ El Outside city limits and outside the city ETJ Latitude (not required but helpful): Longitude (not required but helpful): Is this permit application being submitted for a sign to be relocated because it is being displaced by a highway project? (check only one of the following): X No ❑ Yes — If "yes", the current Permit Number of the sign is: Part 4 — Spacing, Access and Wind Load Pressure • By signing this application you agree to conform to all of the program rules for spacing as stated in Title 43, Texas Administrative Code, Chapter 21, Subchapter I. • By signing this application you agree to conform to the program rules for accessing the sign as slated in Title 43, Texas Administrative Code, §21.167 which states that the department will not issue a permit for a sign unless it can be erected and maintained from private property. • By sinning this application you agree to conform to the program rules for wind load pressure of the sign as stated in Title 43, Texas Administrative Code, §21.188. Page 1 of 5 0 Part 5 — Sign Faces and Lighting The maximum number of faces for a sign permit is 4 faces with no more than 2 facing the same direction of travel. Complete the information for all of the faces for your proposed sign including the number of lights. Example: If the sign is a back- to-back with 2 faces, you would complete Face #1 and #2, but you would leave Face #3 and #4 blank. Face #1: Length (49) and Height ( / zf) and # of Lights ( z ) Face #2: Length () and Height (/!{) and # of Lights ( 2- Face #3: Length ( )and Height ( )and # of Lights ( ) Face #4: Length ( ) and Height ( ) and # of Lights ( ) Part 6 — Number of Qualifying Commercial or Industrial Activities Required Check only one of the following: 1 1 1 1 ❑ Two Activities Required Sign will be located outside the city limits and outside of the city ETJ. Two Activities Required Sign will be located inside the city limits or within the city ETJ but the city does not have comprehensive zoning action. ❑ One Activity Required The sign is being displaced by a highway project and is eligible for relocation. ❑ No Activity Required Sign will be located inside the city limits or within the city ETJ in a zoned commercial or industrial area designated through comprehensive zoning action that allows an off - remise outdoor advertising sign to be erected. Part 7 — Identification of the Qualifying Commercial or Industrial Activities Commercial Name of Activity #1 (Example -'John's Discount Tires): Type of Activity (Example - auto repair shop): Hours of Operation: Physical Address: Manager or Owner Name: Phone No.: Commercial Name of Activity #2 (Example - 'John's Discount Tires7: Type of Activity (example - auto repair shop): Hours of Operation: Physical Address: Manager or Owner Name: Phone No.: Part 8 — Landowner Permission Note to the Landowner: With your signature, you certify that you or your corporation are the owner of the property on which the proposed sign will be erected and you have given consent to the applicant to erect and maintain the above described outdoor advertising sign on your property. You further authorize State employees to enter upon the land for the purpose of inspecting the sign. Landowner's Name (please print): ` e La ignature: Date of si ature: Landowners Mailing -Address (StreetIP0 B , ci e, nd zip code): dry Landowner Tele one: ;3 a 3 <3 D If Co or Lion, pro a co ac name and phone number: Page 2 of 5 Part 9 — Municipal Verification for Signs Inside City Limits If the sign that is the subject of this permit application will be erected inside the incorporated limits (city limits) of a municipality, this section must be completed and signed by an authorized city official in which the sign is to be erected. The purpose of this section is to confirm the zoning is appropriate for the erection of the sign. Na a of City: City Official's Name and Title (please print): City Official's Email Address: City Official's Signature: Date of Signature: Work Phone at City Office: What is the zoning designation of the proposed sign Do your municipal sign ordinances allow for erection location: of the proposed sign at the proposed location? ❑ Yes ❑ No Part 10 - Verification by Municipality for Electronic (LED or Tri-Vision) Faces Check only one of the following: 1 1 1 1 jk Not Aoplicable —this permit application is not for an Electronic Sign (LED or Tri-Vision). ❑ This application is for an Electronic Sign; the municipality issues a formal permit and a copy is attached. ❑ This application is for an Electronic Sign; the municipality does not issue a formal permit but has provided a written approval letter and the approval letter is attached. ❑ This application if for an Electronic Sign; the municipality has provided a copy of the municipal ordinance granting approval for the electronic modification and a copy of the ordinance is attached As required by program rules, you must provide contact information for the person who is available to be contacted at any time and who is able to turn off the sign in case of malfunction or to accommodate an emergency notification request for local authorities. 43 TAC §21.258 and §259 Contact Person Name: Primary Contact No.: Part 11 — Acknowledgement by Applicant Q / Printed name of signatory Signature of Applicant or Authorized Representative Authorized Representative's Title Name of Corporation if the Applicant is4 Corporation if the Applicant is a Corporation State of Texas, County of This instrument was acknowledged before me on by the above signatory , State of Texas, County of Notary Public's Signature Page 3 of 5 Part 12 — Required Attachments Required Attachments for All Permit Applications: 1. Map showing sign's location along highway and the map's orientation to North. 43 TAC §21.159 (a) (3) 2. Sketch depicting means of access to sign and showing distances from buildings, landmarks, right of way line, other off -premise outdoor advertising signs relating to spacing restrictions from your site, public parks (if applicable), and other important physical site and location factors. 43 TAC §21.159 (e) (3) and (4) 3. Zoning map (if inside of incorporated city limits and city zoning exists). 43 TAC §21.159 (a) (7) 4. Photo or sketch of sign showing all faces, location of poles, direction of faces to highway. 43 TAC §21.159 (e) (1) 8 (2) Additional Required Attachment for a Sign that is Being Relocated due to Displacement by a Transportation Project: 1. Informational Notice and Declaration for Advertising Sign Relocation Form ROW-A-ReloSignat: http:/twww.txdot.gov/txdot—library/forms/outdoor—advertising. htm Additional Required Attachments for a Sign that will be erected as an Electronic Sign; i.e. LED or Tri-Vision. 43 TAC §§21.251 to §21.260 1. Municipal electronic sign authorization 2. Municipal zoning variance is granted for erection of the electronic sign at the described location (if applicable) 3. Certified copy of the Electronic Sign Permit issued by the municipality OR if they do not issue permits, a certified copy of written permission for the electronic sign from the municipality. Part 13 — Submitting the Application 1. Attach a $100.00 nonrefundable fee in the form of check, cashier's check or money order made payable to the Texas Highway Beautification Fund. Note that a permit application submitted for a sign relocated due to displacement of a highway project does not require a permit application fee. 43 TAC §21.192 (b) 2. If this application is approved, the applicant agrees to abide by the provisions of Texas Laws and the rules and regulations established by the Texas Transportation Commission pertaining to outdoor advertising and certify that the sign described below is erected and maintained in accordance with all specifications, standards and requirements under these laws, rules and regulations. 3. By issuance of a permit, TxDOT does not represent that the sign or location thereof meets city, county and/or local government laws, orders, ordinances and/or other regulations. By issuance of a permit, a contract or property right is not created in the permit of the license holder. 43 TAC §21.202 4. The Texas Department of Transportation maintains the information collected through this form. With few exceptions, you are entitled on request to be informed about the information that we collect about you. Under Section 552.01 and 552.023 of the Government code, you are entitled to receive and review this information. Under Section 559.004 of the Government Code, you are also entitled to have us correct information about you that is incorrect. 5. Send completed and executed application, paymen and all required attachments to: Texas Department of Transportation Right of Way Division P.O. Box 13043 Austin, TX 78711-3043 Page 4 of 5 Part 14 — Department Review To Be Completed by Department Staff Only Upon review of this application and the accompanying documents, this permit application is DENIED because: Action by: Date Department Representative Upon review of this application and the accompanying documents, this permit application is APPROVED and the department concludes that the sign is: ❑ Conforming ❑ Nonconforming (see* below) This Permit application is approved for the sign described at the location specified in this application and: 1. This permit is approved for the sign described at the location specified in this application. This permit is valid for one year from the date of issuance by TxDOT. 43 TAC §21.171 (a) 2. The sign structure must be erected within one year of the original date of permit issuance. 43 TAC §21.172 (d) 3. The numbered permit plate issued to the applicant with this permit must be installed on the sign structure within 30 days after the sign has been erected and must be installed in a location on the sign structure that is visible from the right of way. 43 TAC §21.165 (a) 4. The permit maybe transferred only with the written approval of the department and in compliance with the appropriate state rules. 43 TAC §21.173 (a) 5. Issuance of this permit does not create a contract or property right in the permit or the license holder. 43 TAC §21.202 * In addition, if the sign is nonconforming, the approval of this permit application is based on: ❑ The sign was located in a certified city that has been de -certified and is now subject strictly to State Rules. ❑ The sign was in existence prior to State control. ❑ Other: Action by: Authorized TxDOT Representative Page 5 of 5 LEASE AGREEMENT _ Renewal Lease ZC New Lease DATE: 5 `//- Zo / ZL LEASE; NUMBER: THIS AGREEMENT, by and between C.TI.IS Urede+l (Lessor) and G 1 LB REATH & COM PANY (Lessee) sets forth the following terns and conditions and shall become effective upon the acceptance of both parties. LEASED PREMISES. Lessor is the owner of that certain rr I roperly located on the N - SQ E - W side of S .,.acR2 :bw )At about N-S-E-f /�l ir ,being part (high, b viewed ram) (feeVmilcti) / (street, hi§e h,7 or landmark) of Lessor's properly known its `,n r r N SKI: fCH APPROXIMATE LOCATION OP SIGN ON LEASED PR Iia1ISFS - SEE ATI'ACHED SU RVE'Y. ANCILLARY RIGHT'S: Lessor consents and grails to Lessee the right of ingress and egress to and from the leased premises, the right to provide or establish electrical power, communications devices, necessary connections or power poles, and place incidental equipment on the leased premises and any adjacent property, owned orconlrolled by Lessor; the right to sublet the leased premises or sign structure(s) or to assign this agreement; and right to relocate the sign structure(s) to lawful site(s) satisfactory to Lessee on Lessor's property if the maintenance or the sign structure(s) on the leased premises described herein is proscribed by federal, stale, or local statute, ordinance or regulation. T'FRM AND COMMENCEMENT DATE. lessor hereby grants and leases to Lessee the herein described leased premises for the exclusive purposes set forth in the agreement fora term of thirty (30) years. The term and pay period of this agreement shall cmnmence after receipt of any and all necessary permits and dale of completion of conslrucliou or renewal start dale, if applicable [ Office Use Only - Actual Start Dale]. RENTAL. Lessee shall pay to lessor a rental of $dot A/vt dollars per year payable in advance (monthly/annually) on the commencement date of this agreement. If new construction, Lesseeshall pay to Lessor, upon acceptance of (his agreement, a down payment or partial payment equal to one months rental or (1/12) of the annual rate with the balance due and payable upon the dale of completion of construction in accordance with the terns staled herein.Should, for any reason whatsoever, the construction be delayed for at period of more than one year, then Lessee agrees to continue making annual payments equal lu one months rental or (1112) of the annual rate until any and all construction delays are cured and construction is completed. AUTHORITY. Lessor warrants that he is the owner of the properly and has full authority to enter into this agreement. This lease shall not obligate Lessee in any way until it is accepted and signed by an executive officer of Gilbreath .Y Company. NOTICE Op DEFAULT. In the event either party is in delaulI under the terns of (his lease, the non-defaul li ag party shall deliver written notice via the U.S. Postal Service by certified mail, return receipt mail, to the defaulting party. Said defaulting party shall cure such failure within thirty (30) days of receipt of such notice. LEASE PROVISIONS. This lease contains the provisions on this page and on the reverse hereof. Roth parties have read and understand all such terns and provisions. <SPECIAL PROVISIONS. �1f.fr-qr, �...ft L<s)ev. te/i11,ad:y ,C rnh sif.-/i cr.•Mrb2tc-1 a� cl'nrc -�: (� .••:'�, c: n.Yi'r.,r Go tics 1-4J hJ�Ib, All o,le,"<t f. h.[ pi,fro AC' P" CE DA" I SSORSSIGN 'I'UI &ie*4 /uwAj.c.- PRI I)NANIE/1'ITLE �? Ar Ci NPx4( .j 7";, . ry-C . is JK 31 �1 ACCEPTANCE A'1'L' /' CIL11 ATH S COMPANY - y i PRINT NAM El1'ITLE CITY OF LA PORTE, TX *** CUSTOMER RECEIPT *** Batch ID: LAPOBFF 8/02/12 75 Receipt no: 128059 Type SvcCd Description Amount 2012 95000002 PZ PLANNING AND ENGINEERING Qty 1.00 $150.00 Trans number: 2461665 Tender detail CK Ref#: 1587 $150.00 Total tendered: $150.00 Total payment: $150.00 Trans date: 8/02/12 Time: 9:05:53 THANK YOU FOR YOUR PROMPT PAYMENT City of La Porte 604 N Fairmont Pkwy is Porte, Tx 77571 (281)470-5073 INSPECTION LINE:(281)470-5130 ****SIGN PERMIT**** ---------------------------------------------------------------------------- Application Number . . . . . 08-00000051 Date 8/01/12 Property Address . . . . . . 1911 N MAIN ST HCAD Number: 024-093-000-0001 Application type description MISCELLANEOUS Subdivision Name . . . . . . LA PORTE Property Use . . . . . . . . REAL VACANT COM IN CITY Property Zoning . . . . . . . IND - BUSINESS Application valuation . . . . 10000 ---------------------------------------------------------------------------- Type of Work BILLBOARD SIGN ---------------------------------------------------------------------------- Owner Contractor ------------------------ - ----------------------- BRIEDEN GUS SIGN AD LTD 285 PR 7615 1010 N. LOOP DEVINE TX 780165176 HOUSTON TX 77009 (713) 861-6013 --- Structure Information 000 000 BILLBOARD SIGN Construction Type . . . . . NOT APPLICABLE ---------------------------------------------------------------------------- Permit . . . . . . BLDG PERMIT -SIGNS Additional desc . . BILLBOARD SIGN -DENIED Permit pin number 291542 Permit Fee . . . .00 Plan Check Fee .00 Issue Date . . . . Valuation . . . . 10000 ---------------------------------------------------------------------------- Special Notes and Comments (1) PERMIT IS DENIED BASED ON INADEQUATE PLANS AND INFORMATION (2) AS PER SECTION 106-875 CHAPTER 106 (H) ALL OF PREMISE FREE STANDING ADVERTISING SIGNS SHALL BE SPACED AT INTERVALS OF NOT LESS THAN 1000 FEET ---------------------------------------------------------------------------- Fee summary Charged Paid Credited -------------------- Due ---------- --------------------------- Permit Fee Total .00 .00 .00 .00 Plan Check 'total .00 .00 .OD .00 Grand Total .00 .00 .00 .00 ------------------------ ---------------- -- Signature of contractor or authorized agent Date --------------- —------- —--------- --------- ----- Approved by Building Official or authorized agent Date PERmrr APPLICAT I, City of La Po 281-470-5073 Mechanical Project Address: - Subdivision: Owner's Name: G. rs Address: �c(e w E.[7�1n1o,0 Street Contractor. Address: Street ContractorBmailaddress:4t'/csi O(C-f"rt awl' r _e. nTY 71, d{_ Lex-,l= 6RETr E.G1 BREATH PRE P.O. BOX 1264 (281) 992d888 WK *Mectrica IRIEND9WOOD,TX 77549-1254 (409)539-2893 CC" *1 BRETrOGILBREATHANDCO.COM s 16 IM City Zrp City ;n i q Zip Contact Person: Iff— "014Kwr4 s� �� J Sq. Footage: 472 S• r. # Stories BuIIdinlg Usc: /� $$? S O,o o.00Describe Work Oct c f' f'J o/I 10 4' Valuation: \ t\ IV V;:;C- Nru MI scs Srf Aelre Occupancy Type Construction Type Last use Commercial Buildings Plans 9&A -Fire Checked/Approved for Issuance CE:_TjE� Special Cargi5 2 Z. ?-or Flood Zo F�x U�Y Class Wn*ir ` Sq. Ft. N UN 1.ase Zon L #Stories Parking RM L- - e U Gr /d use I Taxes_ 0A., 3CAD ay m9'i^ (li��J _t,_ Residential driveway tie-in fee. Parkland(New Res. nil Zone # Fee: Permit No. ' I I �PermitFee Zoo. o D Plan Check Fee: 10 D, 00 — 'a.o, N.• t apv' arAJa�.�- Y3;s�-.�� baau�A• ouzOw aJs� (��- . Fj Z CITY OF LA PORTE 1 ZONING BOARD OF ADJUSTMENT APPEAL OF ENFORCEMENT OFFICER'S DECISION Application No.: OFFICE USE ONLY: Fee: $150.00 Date Received: Applicant: Name Address F R I am the owner of the herein described property. I have authorized to act on my behalf in this matter. Owner*: Name Address ag I am appealing the decision regarding or the interpertation of Sect. of the City Zoning regulations Chapter 106 of the Code of Ordinances. I am making this appeal in regards to the property located at: Street Address Legal Description ( ) Site Plan ( ) Minor Development Site Plan ( ) Major Development Site Plan ( ) General Plan A Site Plan of the property is attached. Also, I have listed the information requestea below on the following pages of this form. a) All facts concerning the matter that has led up to this request. b) The type of relief I am seeking (setbacks, lot coverage, etc. ). c) The grounds upon which I am making this request. * If applicant is NOT the owner, he must provide Authorization to act on the Owner's behalf. Date Applicant's Signature OFFICE USE ONLY Site Plan and Authorization (if applicable) attached? Yes O No( ) Date transmitted to the Board of Adjustments: Meeting Date: Applicant Notified of Date: Board's Decision: Approved ( ) Denied( ) Notice of Board Decision mailed to Applicant/Owner: A If there is not adequate room on the remainder of this form to list all pertinent information, please feel free to attach an additional letter or any information and exhibits you feel the Board should consider. FACTS RELEVANT TO THIS MATTER: TYPE OF RELIEF BEING SOUGHT: GROUNDS FOR THE REQUEST: S:\CPShare\LNSPECTION DMSIONIStandard Forms\ZONING APPEAL OFFICERS DEC.doc REVISION 1021/03 RYC #A08-001 THE STATE OF TEXAS) COUNTY OF HARRIS ) CITY OF LA PORTE NOTICE OF PUBLIC HEARING In accordance with the provisions of Section 106-89, et esq. of the Code of Ordinances of the City of La Porte, notice is hereby given that the La Porte Zoning Board of Adjustment will conduct a public hearing at 6:00 P.M. on the 281h day of February, 2008, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of the public hearing is to hear a request in connection with property located at 1911 West Main Street, further described by the Harris County Appraisal District as: Lots 5-9, 11-28, TRS 4, 10, & 29, Block 727, Johnson Hunter Survey, Abstract No. 35, La Porte, Harris County, Texas. SignAd Ltd., an agent on behalf of the owner (Gus Brieden), is requesting an Appeal of the Enforcement Officer's Decision #A08-001, which will be considered under the provisions of Section 106-89(3) of the Code of Ordinances of the City of La Porte. The applicant is seeking approval to erect an off -premises advertising sign within 1,000 ft. of an existing sign, which is prohibited per Section 106-875(h) of the Code of Ordinances. A regular meeting will be held following the public hearing for the purpose of acting upon the public hearing item and to conduct other matters pertaining to the Zoning Board of Adjustment. Citizens wishing to address the Board pro or con during the Public Hearing will be required to sign in before the meeting is convened. CITY OF LA PORTE Martha A. Gillett, TRMC, CMC City Secretary A QUORUM OF CITY COUNCIL MEMBERS MAY BE PRESENT AND PARTICIPATE IN DISCUSSIO,VS DURING THIS MEETING. HOWEVER, NO ACTION IVILL BE TAKEN BY COUNCIL. THIS FACILITYHASDISABILIT)'ACC0,14A10DA770eVSAVAILABLE REQUESTS FOR ACCOMODATIONSOR INTERPRETIVE SERVICES AT MEETINGS SHOULD BE MADE 48 HOURS PRIOR TO THE MEETING. PLEASE CONTACT THE CITY SECRETARY'S OFFICE AT #181-471-5010 OR THE TDD LIA'E AT #181-471-5030 FOR FURTHER 1N'FORAMTIOM