Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
07-28-11 Zoning Board of Adjustment
La Porte Zoning Board of Admustment Meeting Agenda Notice is hereby given of a Regular Meeting and Public Hearings of the La Porte Zoning Board of Adjustment to be held on July 28. 2011. at G:OO P.M. at La Porte City Hall Council Chambem, 604 West Fairmont Parkway, La Porte. Texao, regarding the items of business according to the agenda listed 1. Call toorder 2, 3� 4, 104, Block, (3' P1;ac;i- 1 , La Porte, Harris Qatar LarIri- on [)elllhalf the of A. Staff Presentation B. Proponents C. Opponents D. Proponents Rebuttal A. Staff Presentation B. Proponents C. Opponents D. Proponents Rebuttal C12 11 A. Staff Presentation B. Proponents C. Opponents D. Proponents Rebuttal 7. Administrative Reports Zoning Board of Adjustment July 28, 2011 Page 2 of 2 8. Board Comments on Matters appearing on agenda or Inquiry of staff regarding specific factual information of existing policy 9. Adjourn 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 meeting. Please contact Patrice Fogarty, City Secretary, at 281.470.5019. CERTIFICATION I certify that a copy of the July 28, 2011, agenda of items to be considered by the Zoning Board of Adjustment was posted on the City Hall bulletin board on July 19, 2011. Patrice Fogarty, City Secretary I certify that the attached notice and agenda of items to be considered by the Zoning Board of Adjustment was removed by me from the City Hall bulletin board on the day of 1 2011. Title: r, •, / 1 Form #2201 Rev. 06/2003 Submit to: SECRETARY OF STATE Statutory Documents Section P O Box 13550 Austin, TX 78711 -3550 512- 463 -5705 512 -475 -2815 - Fax Filing Fee: None • STATEMENT OF OFFICER FOR OFFICERS NOT APPOINTED BY THE GOVERNOR This space reserved for office use Statement 1, Sherman Moore , do solemnly swear (or affirm) that I have not directly or indirectly paid, offered, promised to pay, contributed, or promised to contribute any money or thing of value, or promised any public office or employment for the giving or withholding of a vote at the election at which I was elected or as a reward to secure my appointment or confirmation, whichever the case may be, so help me God. Position to Which Elected/Appointed: Zonin Board of Adjustment Alternate 2 City and/or County: LaPorte, TX Harris Coon Execution Under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated therein are true. Date: Signature of Officer Form 2201 Form 2201 — General Information (Statement of Officer for Officers Not Appointed by the Governor) The attached form is designed to meet minimal constitutional filing requirements pursuant to the relevant provisions. This form and the information provided are not substitutes for the advice and services of an attorney. Commentary Article XVI, § 1 of the Texas Constitution requires all elected or appointed state and local officers to take the official oath of office found in § 1(a) and to subscribe to the anti - bribery statement found in § 1(b) before entering upon the duties of their offices. While local officers must retain the signed anti - bribery statement with the official records of the office, state -level officers must file the signed statement with the secretary of state before taking the oath of office required by § 1(a). This form is designed for filing the anti- bribery statement by state -level officers who were not appointed by the governor. State -level officers required to file the anti- bribery statement with the secretary of state include members of the Legislature, the Secretary of State, and all other officers whose jurisdiction is coextensive with the boundaries of the state or who immediately belong to one of the three branches of state government. Op. Tex. Att'y Gen. No. JC -0575 (2002). Questions about whether a particular officer is a state -level officer may be resolved by consulting relevant statutes, constitutional provisions, judicial decisions, and attorney general opinions. Questions regarding this form should be directed to the Statutory Documents Section at (512) 463 -5705. Delivery Instructions The statement may be submitted by mail, hand delivery, or facsimile. Send submissions by mail, except for overnight mail, to P.O. Box 13550, Austin, Texas 78711 -3550. Overnight mail or hand deliveries should be directed to the James Earl Rudder Office Building, 1019 Brazos, Austin, Texas 78701. Fax transmissions should be directed to (512) 475 -2815. Do not fax the statement to any other fax number listed for the secretary of state. Faxed documents received after business hours, on weekends, or on holidays will be deemed received on the next business day. The statement is considered filed once it has been received by this office. Revised 06109 Form 2201 Form #2204 Rev. 1212010 Submit to: SECRETARY OF STATE Statutory Documents Section P O Box 13550 Austin, TX 78711 -3550 512- 463 -6334 Filing Fee: None This space reserved for office use IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS, 1, Sherman Moore , do solemnly swear (or affirm), that 1 will faithfully execute the duties of the office of Zoning Board of Adjustment Alternate 2 of the State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State, so help me God. Signature of Officer State of Texas ) County of Harris ) Sworn to and subscribed before me this 28 (seal) day of July M i2011 Signature of Notary Public or Other Officer Administering Oath Printed or Typed Name Form 2204 Form 2204 — General Information (Oath of Office) The attached form is designed to meet minimal constitutional and statutory filing requirements pursuant to the relevant provisions. This form and the information provided are not substitutes for the advice and services of an attorney. Commentary All state or county officers, other than the governor, lieutenant governor, and members of the legislature, who qualify for office are commissioned by the governor. Tex. Gov't Code § 601.005. The secretary of state performs ministerial duties to administer the commissions issued by the governor, including confirming that officers are qualified prior to being commissioned. Submission of this oath of office to the secretary of state confums an officer's qualification so that the commission may be issued. Pursuant to art. X", § 1 of the Texas Constitution, the Oath of Office may not be taken until a Statement of Officer has been subscribed to and, as required, filed with the secretary of state. (See Form 2201.) Additionally, gubernatorial appointees who are appointed during a legislative session may not execute their Oath until after confirmation by the Senate. Tex. Const. art. IV, § 12. A Statement of Officer required to be filed with the secretary of state is filed upon receipt by the secretary of state. The Oath of Office may be administered by anyone authorized under the provisions of Chapter 602 of the Texas Government Code. Commonly used officials include notaries public and judges. Officers Required to File Oath of Office with the Secretary of State: • Gubernatorial appointees, appellate and district court judges, and district attorneys should file their Oaths of Office with the secretary of state. • Directors of districts operating pursuant to chapter 36 or 49 of the Texas Water Code shall file with the secretary of state a duplicate original of their Oath of Office within 10 days of its execution. Tex. Water Code Ann. §§ 36.055(d); 49.055(d). Officers Not Required to File Oath of Office with the Secretary of State: • Members of the Legislature elected to a regular term of office will have their Oath of Office administered in chambers on the opening day of the session and recorded in the appropriate Journal. Members elected to an unexpired term of office should file their Oath of Office with either the Chief Clerk of the House or the Secretary of the Senate, as appropriate. • All other persons should file their Oaths locally. Please check with the county clerk, city secretary or board /commission secretary for the proper filing location. Delivery Instructions The oath may be mailed to P.O. Box 13550, Austin, Texas 78711 -3550 or delivered to the James Earl Rudder Office Building, 1019 Brazos, Austin, Texas 78701. A commission will be issued and forwarded to an appointed or elected officer following receipt of an executed oath of office. Revised 1212010 Form 2204 1 MINUTES Zoning Board of Adjustment Minutes of April 28, 2011 Members Present Rod Rothermel, Gilbert Montemayor (Alt. No. 2), Charles Schoppe, and T.J. Walker Members Absent George Maltsberger, Lawrence McNeal (Alt. No 1), and Chester Pool. City Staff Present Traci Leach, Assistant City Manager, Masood Malik, City Planner; Knox Askins, City Attorney; Shannon Green, Planning Assistant. 1. Call to Order. Vice Chairman Rod Rothermel called the meeting to order at 6:12 p.m. 2. Consider approval of the March 24, 2011, meeting minutes. Motion by T.J. Walker to approve the Minutes of March 24, 2011. Second by Charles Schoppe, Motion carried. Ayes: Rod Rothermel, Gilbert Montemayor (Alt. No. 2), Charles Schoppe, and T.J. Walker Nays: None Abstain: None Consider Special Exception Request #11- 94000001 for the property located at 125 South 3 rd Street, further described by the Harris County Appraisal District as being Lots 11 -16, Block 39, Town of La Porte, Harris County, Texas. The City of La Porte, property owner, seeks reduction of a side yard setback from 10' to 0' adjacent to West `A' Street and from 20' to 0' along the rear yard, and an exception for installation of eaves or downspouts adjacent to public right -of -way for proposed Fire Station No. 1. These exceptions are being sought under the terms of Section 106- 191(b)(2) of the Code of Ordinances of the City of La Porte. A. STAFF PRESENTATION Masood Malik, City Planner, presented staff's report. Seventeen public hearing notices were mailed to property owners within 200' of the subject property. The City received one response in favor of the Special Exception and two were returned undeliverable. B. PROPONENTS There were none. C. OPPONENTS Brenda Brown of 631 Fairfield, Shoreacres is a property owner of 113 S. 3' Street. Ms. Brown did not feel there was sufficient notice given to the property owners. Ms. Brown voiced her concern for the noise and traffic the proposed Fire Administration building might bring to the neighborhood. D. PROPONENTS REBUTTAL There were none. Motion by Gilbert Montemayor to approve Special Exception Request #11- 94000001, for the property located at 125 South 3 Td Street to reduce a side yard setback from 10' to 0' adjacent to West 'A' Street and from 20' to 0' along the rear yard, and an exception for installation of eaves or downspouts adjacent to public right -of -way for proposed Fire Station No. 1. Second by T.J. Walker. Motion carried. Ayes: Rod Rothermel, Gilbert Montemayor (Alt. No. 2), Charles Schoppe, and T.J. Walker Nays: None Abstain: None Zoning Board of Adjustment Minutes of April 28, 2011 Page 2 of 3 4. Consider Variance Request #11- 93000002 for the property located at 10804 Mesquite Drive, further described by the Harris County Appraisal District as Lot 24, Block 12 of Fairmont Park East, Section 2, William M. Jones Survey, Abstract 482, La Porte, Harris County, Texas. Kenneth McCurry, property owner, seeks a variance to allow an additional 95 sq. ft. of concrete surfacing to remain in place, contrary to the provisions of Section 106 -333, Table B, footnotes 19. This 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 -Seven public hearing notices were mailed to property owners within 200' of the subject property. The City received six responses in favor of the Variance and one was returned undeliverable. B. PROPONENTS There were none. C. OPPONENTS There were none. D. PROPONENTS REBUTTAL Mark Follis of 111 N. Broadway, spoke in favor of the Variance 11- 93000002. Motion by Gilbert Montemayor to approve Variance Request #11- 93000002, for the property located at 10804 Mesquite Drive to allow an additional 95 sq. ft. of concrete surfacing to remain in place. Second by Charles Schoppe. Motion carried. Ayes: Rod Rothermel, Gilbert Montemayor (Alt. No. 2), Charles Schoppe, and T.J. Walker Nays: None Abstain: None 5. Consider Variance Request #11- 93000003 for the property located at 302 North 11 Street, further described by the Harris County Appraisal District as Lots 12 -16, Block 74, Town of La Porte, Johnson Hunter Survey, Abstract 35, La Porte, Harris County, Texas. Walter Johnson, property owner, seeks a variance to erect a fence at 5' instead of 20' from the property line in the front yard setback per Section 106 -797 of the Code of Ordinances. This 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. Nine public hearing notices were mailed to property owners within 200' of the subject property. The City received no responses. B. PROPONENTS There were none. C. OPPONENTS There were none. D. PROPONENTS REBUTTAL There were none. Zoning Board of Adjustment Minutes of April 28, 2011 Page 3 of 3 Motion by Charles Schoppe to approve Variance Request #11- 93000003, for the property located at 302 North 11' Street to allow a fence at 5' instead of 20' from the property line in the front yard setback. Second by T.J. Walker. Motion carried. Ayes: Rod Rothermel, Gilbert Montemayor (Alt. No. 2), Charles Schoppe, and T.J. Walker Nays: None Abstain: None G. Administrative Reports Masood Malik reported the city received a site plan for a Chevron at Bay Area Blvd and Fairmont Parkway. Mr. Malik introduced Assistant City Manager; Traci Leach to the Board members. 7. Board Comments There were none. 8. Adjourn Motion by Charles Schoppe to adjourn. Second by T.J. Walker. Motion Carried. Ayes: Rod Rothermel, Gilbert Montemayor (Alt. No. 2), Charles Schoppe, and T.J. Walker Nays: None Abstain: None Vice Chairman Rod Rothermel adjourned the meeting at 6:52 pm. Submitted by, Shannon Green Secretary, Zoning Board of Adjustment Approved on this day of 1 2011. Rod Rothermel Vice Chairperson, Zoning Board of Adjustment <\.. lE &I \ \f .,,.,. )) <�1 � $�� ��(�( ` ■, \ \�� < \� Staff Report Fence July 28, Variance Requests Requested by : Daun Lambert (Property Owner at 3234 Andricks Road) 1 egues ed 'or Lots 1.03 & 104, Block 6; Spenwick Place, Section 1, LaPorte, Harris County, Texas. Location 323$ & 3242 Andricks Road pLin p Low Density Residential (R -1) Background .Applicant is requesting variances, one for each lot described above, to allow construction of a fence on the property line in the front yard setback of the above referenced lots. Upon learning of the erection of a gate with fence, the City Official informed the applicant of the requirements of the current ordinance. The applicant stated that she would comply with the ordinance, if necessary, but she wanted to keep the gate wlfence in place.. The applicant submitted variance requests in order to allow construction of a fence at the property line in the front yard setback. Her in-laws purchased the property at 3238 Andrieks Road (lot 103), which borders with her residence. They have a plan to build a house and would life to join the fi-ont fence together for protection of children. In addition, they have a 25-year term land lease on adjacent lot 104 from the property owners. Copies of land lease and authorization letter are attached herewith. The applicant wants to build a similar front yard fence here to be consistent with her in -law's property. The purpose is to ensure security and safety of the children and property. The applicant has submitted photos of the fence on the neighboring property. The City's Code of Ordinances prohibits a fence placed within the front yard setback in the all zoning districts except large lot residential (greater than 1 acre) and lots directly adjacent to Galveston Bay. Staff analyzed the surrounding area and based upon site inspections and the pictures submitted by the applicant, the following is noted: As seen in the photos, the existing block containing the residence has existing fences in the front yard setback. "The requested fence would be in line with the fence of an abutting property owner.. "I`he front yard fences can also be seen to the cast and south across the street from the subject propcities.. Board of Adjusti ent July 28, 2017 Page 2 of 3 The standard front yard setback requirement in residential zones for single family detached dwellings is 25'. Per Section 106 -791 of the Code of Ordinances, no fence, structure, grading, or barrier hedges shall be permitted within any front yard areas except in the case of large lot residential lot with one or over an acre. Ari l sis Section I06 192 (b)(1), in the Code of Ordinances, defines a iwriance as a clew ation from the literal prroWsions rrf the chapter, ri is granted by the Board isMen strict cw?forinity to the chapter 3vould cause an unnecessary hardship ship because of the cir°cunistcances unique to the property on i'Mich the variance is gr ante6l Section 106 -1 defines fence as "...the manmade structural barrier erected on or around a piece of property." Except as otherwise prohibited, the board is empowered to authorize a variance from a requirement when the board finds that all of the following conditions have been met. That the granting of the variance will not be contrary to the best public interest. &� That literal enforcement of the chapter will result in uniiecessmy hardship because of exceptional narrowness, shallowness, shape, topography or other extraordinary or exceptional physical situation unique to the specific piece of property in question. "Unnecessary hardship" shall mean physical hardship relating to the property itself as distinguished from a hardship relating to convenience, financial considerations or caprice, and the hardship must not result from the applicant or property owner's own actions; and mo'o That by granting the variance, the spirit of the chapter will be observed. Regarding this request, the relief being sought to: 6 Allow construction of a fence in the front yard setback. In deteriniaung if granting the applicant's request would be contrary to the public interest, Staff recognizes that the development of the fence at the property may not create a problem with adjoining properties.. A survey of surrounding properties shows that this non- corripliance with the ordinance is typical to this particular area. The issues to consider are impact on neighboring property and the best public interest. The applicant wishes to construct the fence by obtaining. a City building permit; however, staff is unable to issue a permit based on the conflict with the zoning regulations. Board of Adjustment July 28, 2011 . Page 3 of 3 ,, , t In reviewing the specific grounds for granting a variance, however, staff points out that the condition, as it exists, "...is the result of the applicant or property owner's own actions..." contrary to the provisions of' Section 106- 192. Staff finds no grounds to ,justify "...uiuneecssaiy hardship because of exceptional narrowness, shallowness, shape topography, or other extraordinary or exceptional physical situation unique to the property in question." Security and safety of the children & property may be considered in this regard. The Zoning Board of Adjustment's final consideration is whether granting this request observe the spirit of the ordinance. based on the facts noted in this report, the applicant's request may be contrary with the spirit of the ordinance, but may promote the health, safety and welfare of the users of these lots. The application merits review by the Board based upon the parameters set by the Ordinance. The Board may consider: 1. Variance Request i #11 -93{100044 Granting the variance and allowing the fence on the property line in the front yard setback. Denying the variance thereby denying construction of the fence in the front yard setback. 2. Variance Request #11- 93000005 Granting the variance and allowing the fence on the property line in the front yard setback. Denying the variance thereby denying construction of the fence in the front yard setback:. Tpeals As per Section 106_.196 of the Code of Ordinances of the City of LaPorte: Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment, or any taxpayer, or any officer, department, board or bureau of the city may present to a court of record a petition for a wait of certiorari, as provided by .T.C.A., Local Govern nnent Code Section 211 .011, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten days after the tiling of the decision in the office of the Board of Adjustment. STATE OF TEXAS § COUNTY OF HARRIS § 3 , Date: 3- d-6 2011 Grantor: HIRAM FARLOWand wife, CAROLYN FARLOW Grantor's Mailing Address: 2817 Momingside Pasadena, Texas 77506 Harris County t ' j ucmmamzm- M P.O. Box 1005 Deer Park, Texas 77 5 3 6-100 5 Harris County Beneficiary's Mailing Address: 3318 W. Plantation Dr. LaPorte, Texas 77571 Harris County RM Amount. $10,000.00 Maker: HIRAM F W and wife, C LYN FARLOW Deed of Trust Page 1 Payee: WILLUM ROY EINGCAED and wife, PATRICIA R. KINGCAID Final Maturity Date: Twenty (20) months from date hereof TUMNIM Lot One Aundred 11ree (103), 3 lock "ix 6) - ,SPZ4 1 f*, PLACE, SECTION ONE (1), an addition in Mwris County, Texas, according to the map or plat thereof, record ed i n Volume 42, Page 64 of the Map Records of Harris County, Texas, more fully set forth under Clerklg File No. E432293. For value received and to secure payment of the Note, Grantor conveys the property to Trustee in trust. Grantor warrants and agrees to defend the title to the property. If Grantor performs A the covenants and pays the Note according to its tenris, this Deed of Trust shall have no further effect, and Beneficiary shall release it at Grantor's expense. M • • . . I r •.. 2. Pay all taxes and assessments on the property when due. Furnish to Beneficiary annually, before taxes become delinquent, evidence that all taxes on the property have been paid. Grantor shall famisb Beneficiary annually, evidence of paid-up casualty insurance naming Beneficiary as additional loss payee. Preserve the lien's priority as it is established in this Deed of Trust. . -r " - . - - Weed of Trust Page 2 K. covers all improvements for their full insurable value as detennined whan the policy h- issued and renewed, unless; Beneficiary approves a smaller amount in writing 5. Comply at all times with the requirements of the 80% coinsurance clause. 6. Deliver the insurance policy to Beneficiary and deliver renewals to Beneficiary at least ten days before expiration. If this is not a first lien, pay all prior lien notes that Grantor is personally liable to pay and abide by all prior lien instruments. 4 If Grantor fails to perform any of Grantor's obligations, Beneficiary may perform those 4i� at the place where the Note is 9 for any sums so paid, 'including attorney's fees, plus interest on those sums from the date of payment at the rate stated in the Note for matured, unpaid amounts. The sum to be reimbursed shall be secured by this Deed of Trust 5. If Grantor defaults on the Note or fails to perform any of Grantor's obligations, or if default occurs • a prior lien note or other instrument and the default continues after Beneficiary gives Grantor notice of the default and the time within which it must be cured as may be required by law or by written agreement, then Beneficiary may: Deed of Trust Page 3 b. request Trustee to foreclose this lien, in which case Beneficiary or Beneficiar��s agent shall give notice of the foreclosure sale as provided by the Texas Property Code as then amended; and cl purchase the property at any foreclosure sale by offering the highest bid and then have the bid credited on the note. III 1111PIFIRI1111 I 111 111 � 11111 1. Either personally or by agent, give notice of the foreclosure sale as required by the Texas Property Code as then amended. 2. Sell and convey all or part of the property to the highest bidder for cash with a general warranty binding Grantor, subject to prior liens and to other exceptions to conveyance and warranty, a. expenses of foreclosure, including a commission to Trustee of 5% of the bid; b. to Beneficiary, the full amount of principal, interest, attorney's fees, and other charges due and unpaid; 'M General Provisions 1. If any of the property is sold under this Deed of Trust, Grantor shall immediately surrender possession to the purchaser. If Grantor fails to do so, Grantor shall become a tenant at sufferance of the purchaser, subject to an action for forcible detainer. 3. Proceeding under this Deed of Trust filing suit for foreclosure, or pursuing any other remedy will not constitute an election of remedies. 4. This lien shall remain superior to liens later created even if the time of payment of all or part of the Note is extended or part of the property is released. 5. If any portion of the Note cannot be lawfully secured by this Deed of Trust, payments shall be applied first to discharge that portion. 6. Grantor assigns to Beneficiary all sums payable to or received by Grantor from condemnation O f all or part of the property, ftorn private sale *in lieu of condemnation, and from damages caused by Public Avorks or construction on or near the property. After deducting any expenses incurred, including attorney's (ees, Beneficiary may release any remaining sums to Grantor or apply such sums to reduce the Note. Mizirieficiary shall not be liable for failure to collect or to exercise diligence in collecting any suo sums. 1 1. This Deed of Trust shall bind, inure to the benefit of, and be exercised by successors in interest of all parties. Mr III 11111111 � 13. In the event of any sale, either j udicial or voluntary, • the property above described or any part thereof, the Beneficiary shall have the right, at Beneficiary's option, to declare the entire indebtedness hereby secured due and payable immediately. In the alternative, Beneficiary may allow the purchasers to assume and become personally liable for the payment of the indebtedness secured by this Deed of Trust. Deed of TruBt Page 5 7 A. BIRAMFARLOW C OL LARLOW This »: »s© was acknowledged before me on the 1� i day of A 1eW^ , 201 by BMIAM FARLOW and wife, CARLYNN ARLOW. After recording, return to Dover & 2o. »r. P.O. Box 1005 Deer Park, Texas 77536-1005 Myc M I EXPIM JULY 12, 2 11 - Il�41'MI*CAM and P7MIt�wli, R. MVGC�W 3318 WEST PLANTATION DR. LAPORTE, TEXAS 77571 2817 MORNIGSIDE PASADENA, TEXAS, 77506 Premises: SURFACE ONLY of approximately acres of land, situated in HARRIS County, Texas ("Land"). Term (months). 300 Permitted Use: um��� z . r� 1 f1 "Injury" means (a) harm to or impairment or loss of property or its use or (b) harm to or death of a person. 13�M 1. Lease the Premises for the entire Term blll�guuung on the Commencement Date ?,nd ending on the Termination Date. 2. Accept the Premises in their present condition "AS IS," the Premises being currently suitable for the Permitted Use. 3. Obey all laws, ordinances, orders, and rules and regulations applicable to the use, condition, and occupancy of the Premises. 4. Pay monthly, in advance, on the first day of the month, the Base Rent to Landlord at Landlord's Address. 5. Pay a late charge of 5 percent of any Rent not received by Landlord by the tenth day of it is due. V .4 I 8. Repair, replace, and maintain any part of the Premises used by Tenant, 9. Repair any damage to the Premises, Land, or Excluded Improvements caused by Tenant. LIPIWU 'Y OF IS CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD. 4. Assign this lease or sublease any portion of the Premises without Landlord's written consent. WORMAIZ11orlINOT11 I . Lease to Tenant the Premises for the entire Term beginning on the Commencement Date and ending on the Termination Date. Allow any use of the Premises inconsistent with the Permitted Use as long as Tenant is not in default. I . Alterations. Any physical additions or improvements to the Premises made by Tenant will become the property of Landlord. Landlord may require that Tenant, at termination of the lease and at TenanVs, expense, remove any physical additions and improvements, repair any alterations, and restore the Premises to the condition existing at the Commencement Date, normal wear excepted. 2. Abatement. TenanVs covenant to pay Rent and Landlord!s covenants are independent. Except as otherwise provided, Tenant will not be entitled to abate Rent for any reasE.n. g M 4. CondemnationISubstantial or Partial Takita a. If the Premises cannot be used for the Permitted Use because of condemnation or purchase in lieu of condemnation, this lease will terminate, b. If there is a condemnation or purchase in lieu of condemnation and this will be adjusted as may be fair and reasonable. G. Tenant will have no claftri to the condemnation award or proceeds in li of condemnation. I 5. Default by LandlordlEvents. A default by Landlord is the failure to comply with any provision of this lease that is not cured within thirty days after written notice- 1 6. Default by LandiordTenant's Remedies. Tenanfs remedies for Landlord's default are to sue for damages and terminate this lease. 7. Default by TenantlEvents. Defaults by Tenant are (a) failing to pay timely Rent; Ry'z it 1; ten days after written notice with any provision of this lease other than the defaults set forth in (a) and (b) above. 9. Default/WaiverlMitigation. It is not a waiver of default if the nondefaulting p fails to declare immediately a default or delays in taking any action. Pursuit of any remedies s forth in this lease does not preclude pursuit of other remedies in this lease or provided by 11a Landlord and Tenant have a duty to mitigate damages. 11. Holdover. If Tenant does not vacate the Premises following termination of lease, Tenant will become a tenant at and must yap—gAe the Prmskqwm&�- - , Landlord. No holding over by Tenant, whether with or without the consent of Landlord, wiLl] 12. Alternative DiTute Resolution. Landlord and Tenant agree to mediate in good raith before filing a suit for damages. 13. Attorney's Fees. If either party retains an attorney to enfo thi lease, the party prevailing in litigation is entitled to recover reasonable attorneys fees and other fees and court and other costs. 16. Entire Agreement. This lease, together with the attached exhibits and riders, is the entire agreement- of the parties, and there are no oral representations, warranties, agreemen or promises pertaining to this lease or to any expressly mentioned exhibits and riders not 4corporated in writing in this lease. 15. Amendment of Lea This lease may be amended only by R .. in writing signed by Landlord and Tenant. oil's '0011 IV A' 18. Mineral Interests. This lease is subordinate to any present or future oil, gas, or other mineral exploration agreements and leases relating to the Land. Landlord will not be liable to Tenant for any damages for actions attributable to those agreements and will receive all consideration paid therefor. ILLLk }242 C NDCAH> C OAX PATRICIA R °I . »2 y .. 2� tw §ffl■ «` 4 4' L `��ƒ » O Landlord: WILLLkM ROY KINDCAID and PATRICIA R. KINGCAID, husband and wife 1111 1105,111 �1 q A I . Maintain the liability - insurance policies required below during the Term and any period before or after the Term when Tenant is present on the Premises: 'Type of Insurance Minimum Policy Unij a. All liability policies must be endorsed toname Landlord as an "addition' insured" on a form that does not exclude coverage for the sole or contributo ordinary negligence of Landlord and must not be endorsed to exclude the so negligence of Landlord from the definition of "insured contract." 1 1 b, Certificates of insurance and copies of any additional insured and waiver of subrogation endorsements must be delivered by Tenant to Landlord before entering the Premises and thereafter at least ten days before the expiration of the policies. JUL \/ /d\ \} §: (: )\ . , • � � �� Patricia Kingenid Th instr was acknowledged efor #! « 2 the day of . y . . . 011, by Patricia Si +{r>}¥ , « « » # ' �� � � � � � ',. ., .� �. k � a c o• Q 1a„ r &ry �� �'�� e�W`"N �. �`" � \ � \ � « %} e'ts k�tYf 'a 7 ull w �u X� �J) r r e. -f 9 � J 3 w �u X� �J) r � J � \ �6 CITY OF LA PORTE ZONING BOARD OF ADJUSTMENT Applicant: Na me Address Phone --- ' 12m the owner of the herein described property, l have authorized to act on my behalf in this matter. Owner *: Name Address Phone I am requesting a variance to Sect. I — of the City Zoning regulations Chapter 106 of the Code of Ordinance. % I am requesting this variance for 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 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. Date Office Use Only Site Pleas and Authorization (if applicable) attached? Yes () No Date transmitted to the Board of Adjustments: Meeting bate: Applicant Notified of Date: Notice to surrounding property owners- Date: licant's Board's Decision: Approved ( ) Denied () Notice of Boards Decision mailed to Applicant/Owner: - I SCpShare\INISPECTIONDIN,'ISIONY\Standard Form ONING BOARD VARIkNCE,dQc REVISION 10/21103RYC <ƒw \ \ � � .> {\ «d° . � �(4k /�1= © �� ^ 1�.� ° � � \ � � d, . x �S ( »«� 2 . � ( ©� CITY OF LAP ORTE ZONTNTG ]BOARD OF ADJUSTHENT Applicant- I Na me 3- --1 -f C", Ad dress Phone I am the owner of the It described property. I have authorized )� 6P t4 to act on my behalf in this matter. O wner* Name LA'rd'i"ic-k- �Q 11 - (C �� -L- !� Address Phone Site Plan 0 Minor J)evelopmen t rian Maj or 1) evelo p men t S ite Plan () GeneralPlan A Site Plan of the property is attached. Also, I have listed the information requested below on Ene 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 r--- --- Date licant's Signature Office Use Only Site Plan -.nd Authorization (if applicable) attached? Yes () No Date transmitted to the Board of Adjustments: Meeting Date: Notice to surrounding property owners Date: Board's Decision: Approved () Denied () Notice of Boards Decision mailed to Applicant/Owncr- - I am requesting a variance to Sect. of the City Zoning regulations Chapter 106 of the Code of Ordinance. S , d Tam rtauestWL T this variance for property located at TYPE OF RELIEF BEING SOUGHT: THE GROUNDS FOR THE REQUESTS: 4p 'v ' j. fia s:iCPSha reUNSPFCTf 0 N DIVISIOMStand3rd F o rm c4ZONING B 0AlZD VAR IANCE-doc REVISION 10121103 RYC Ai � ^ \� � © .. .. RD. \ :» 2 ».z+ \\ 24� \\ /\ \/\IC K .� �f»»! LOCATION O PROPERTIES »\«} \::« G. \ ; ;�� }� 4 z 011 a Q Cu l -� f l y , f/ r ! r ! E C SUR_VLYiNG COMPANY 12345 JONES ROAD SUITE 270 HOUSTON, TX 77070 (281) g55_2772 0 19 � a "off l SUBJECT TO / r9� �^t � rys fi signature of surveyor on it. Declaration is made to original 10 (� / ♦ -� � 3. This Survey has been done without benefit of a current title report. a ' '4 / restrictions not shown. Check with your local governing agencies 19 19 1, for any additional easements, building lines or other restrictions not reflected on recorded plat, 4. Fences as shown, G7 `� A � 7 Z f This Property Lies in zone "X" Outside the 100 Yeur Flood Plain Purchaser HIR.AM FARL0W ANTI C.gii,.iJLYN T7A P O7V Q Per Graphic Scaling according to Address 4` ~'() Community Panel f+ Io.48548709401, L 103 , Block Section 1 having an effective date 06-18 -2007 .Surrey �.� A Q Job No. 1 1- 96`i-()5 Area Scale _ 1 W 30 Subdivision SPLh WICK PL ACF Q Date Q SZLL Volume 42 , Page ,e MA Records, 4 Drawn By: P. 11ARRT,S County, Texas � • I, Craig A. Laney . a Registered Professional Land Surveyor in the State of Texas, RPLS No. 1 450 do hereby certil;y to _ __(See Note and Purcbaser(s Qa I— —that based upon information provided by said Title Company under G.F. No. (Sea Note 3} that this survey was this day y su pervision made under m etvision on the p b ground of the above described property and the above plat or drawing reflects the fmdings on the Nt Qw ground of this property at this time, I have shown or noted all easements reflected 'tit said Title ej Company's report. This Survey conforms to the minimum standards of practice as approved by the "Texas Board of Professional Land Snrveying,Bffe, rive September 1, 1992, Last revision 06 -2406 . The basis of bearing is S40°39'32"W along rile Northwesterly right of way l ine of Andricks Road per zecord plat. A Division of Everything in Christ Services, Inc'. Impression. Seal im SUBJECT TO L Q 2011, All Rights Reserved. �^t 2. Survey is valid only if print has original Impression Sea] and signature of surveyor on it. Declaration is made to original purchaser of this survey. It is not transferable to additional (� institutions or subsequent owners. 4 3. This Survey has been done without benefit of a current title report. Surveyor did not abstract title and does not certify to easements or restrictions not shown. Check with your local governing agencies for any additional easements, building lines or other restrictions not reflected on recorded plat, 4. Fences as shown, This Property Lies in zone "X" Outside the 100 Yeur Flood Plain Purchaser HIR.AM FARL0W ANTI C.gii,.iJLYN T7A P O7V Q Per Graphic Scaling according to Address 4` ~'() Community Panel f+ Io.48548709401, L 103 , Block Section 1 having an effective date 06-18 -2007 .Surrey �.� A Q Job No. 1 1- 96`i-()5 Area Scale _ 1 W 30 Subdivision SPLh WICK PL ACF Q Date Q SZLL Volume 42 , Page ,e MA Records, 4 Drawn By: P. 11ARRT,S County, Texas � • I, Craig A. Laney . a Registered Professional Land Surveyor in the State of Texas, RPLS No. 1 450 do hereby certil;y to _ __(See Note and Purcbaser(s Qa I— —that based upon information provided by said Title Company under G.F. No. (Sea Note 3} that this survey was this day y su pervision made under m etvision on the p b ground of the above described property and the above plat or drawing reflects the fmdings on the Nt Qw ground of this property at this time, I have shown or noted all easements reflected 'tit said Title ej Company's report. This Survey conforms to the minimum standards of practice as approved by the "Texas Board of Professional Land Snrveying,Bffe, rive September 1, 1992, Last revision 06 -2406 . The basis of bearing is S40°39'32"W along rile Northwesterly right of way l ine of Andricks Road per zecord plat. A Division of Everything in Christ Services, Inc'. Impression. Seal im i 106 -796 See. 106 -791, Front yard areas. No fences, structures, grading, or barrier hedges shall be permitted within any front yard areas except in the case of large lot residential lots, or in the case of lots with a front yard directly adjacent to the shoreline of Galveston Bay, as provided in section. 106 -792. In the case of large lot residential lots, eight feet perimeter fences are permitted as an accessory use. In the case of lots with a front yard directly adjacent to the shoreline of Galveston. Bay, four feet front yard fences are permitted parallel and adjacent to the side lot lines. However, such fences shall not be permitted on the front lot line directly adjacent to Galveston Bay, and shall only be constituted of chain link. These exceptions do not permit structures, grading, or barrier hedges. (Ord. No. 2009 -3173, § 5, 8- 24 -09) Within aside yards and rear yards, fences of not higher than eight feet including six -inch rot boards and walls 42 inches high or less shall be permitted - (Ord. No. 2009 -3173, § 6, 8- 24 -09) Fences or trees placed upon utility easements are subject to removal at the owner's expense if required for the maintenance or improvement of the utility. Trees on utility easements containing overhead wires shall not exceed ten feet in height.. Both sides of the fence must be maintained in good condition by the owner of the fence and grass /ground cover adjoining the fence must be mowed and weeds removed on a regular basis. Subdivision perimeter fences or walls shall be maintained and repaired by the developer, owner, owner's agent, and/or homeowner association or the management company of a subdivision. Maintenance, repair or replacement of wood or masonry fence around manufac- tured housing parks is the sole responsibility of the owner, its agent, or the management company. (Ord. No. 2009 -3173, § 7, 8- 24 -09) Barbed wire fences shall not be permitted, used or constructed except in industrial districts or to control livestock as hereinafter provided. Supp. No. 21 CD1.06:89 EXHIBIT A Meeting of the La Porte Zoning Board of A4ustment (Type of Meeting) Scheduled f6t July 28, 2011 Pate of Nlletfing) to Consider VajHance #Y11-93000004 (Tape of Request) n'l f �j JUN 1 9 ;?Ojj y I laavt received notice of the albove refe-j:e=Pcl public hearing. I am in FAVOR of granting this reqzaest for the following reasons: z C, iv C- I am OPPOSED to granting this request for the follow reasons: (2 Name (please pfiat) Address Signature City, state, Zip A Meets of the La. Porte Zoning Board of Adjustment (T} pe of Meeting)? L 4 ! 1 Scheduled fo- July 2K 2011 (Date of Meeting) to Consider Va #V11- 93000005 (Type of Request) 1 have reve;ved notice of tlae above referenced public hea g. 1 a221 in FAVOR of granting t request for the following reasons: 6 � r4 . - a , y-e .:' 7 da, s�..e.r C_, (���.� �7� �� E'• d'} iL° � �Bi.J f'k�t'ar` �� ,,� 1..�'��# -� - e..v. —a: 1 am OPPOSED to granting this request for the following reasons: blame (please p=t ) Signature Address L , ;4 , 2 7i( City, State, Zip Ellmill I I I EXHIBIT D - PUBLIC NOTICE RESPONSE (None received as to date) Staff Report Fence Jul 28, 2011 Var lie nested Irv Darn Loch c/o, 1445 Sens Road, L. P. Requested for TR 10, 15.78 acres in the Enoch Brinson Survey, Abstract No. 5, La Porte, Farris County, 'Texas. Location 1445 Sens Road on° ' a Light Industrial (LI) acl rn nd : The applicant is requesting a variance to construct a proposed six feet high chain link fence at 5' off the front property line within the front yard setback along Sens Road. The property in question is located at the northeast corner of North `P' Street and Sens Road. The property is currently zoned Light Industrial (LI). The Code of Ordinances prohibits a fence from being erected within the required landscape portion of any yard or the front yard setback (20') in the commercial and industrial zoning districts.. As per Section 106- 797 (2) of the Code of Ordinances, "fences in commercial and industrial zones vMich are primarily erected as a security measure 7nay have arms projecting into the applicant's pr oper ry on 1vhich barbed ivir°e can be fastened commencing at a paint at least seven feet above the ground, and such fence shall not be erected ivithin the required landscaped portion cif any yard or the font yard setback of any commercial or industrial establishment". The applicant is proposing a 254,800 sq.ft. office/warehouse distribution center along; Sens Road, south of State highway 225 and Union Pacific Railroad (UPRR). The subject property, consisting of 15.78 acres of land, is located to the east of Sens Road at North `P' Street. The property is in the vicinity of major commercial /industrial establisliments along Sens Road and State Highway 225. A major development site plain for the proposed development is approved by the City. Proposed Sens Road Distribution Center building will be pre -cast concrete exterior wall with aluminum trained windows. There are three driveways proposed for this facility along Sens Road. Landscaping shall be provided along Sens Road, forth `P' Street and North along detention basin. The applicant has submitted a variance request that seeks approval to erect a. fence at 5' off the front property line within the standard 20' building setback line for industrial zoned property. According to the applicant, the front yard fence at the property line is desired for the safe operation of the facility. Board of Adjustment July 28, 2011 Page 2 of 3 The standard front yard setback requirement in Light Industrial zoning district is 0'. The application's submittal also includes a. site plan showing the location of a fence with a request for `specific" fence setback of five foot instead of twenty foot from the property line. It should be noted that if the applicant's request is granted, the ZBOA will be determining the deviated or "reduced" front yard setback whichever is appropriate. An lysfs Section 106- 192(b )(1), in the Code of Ordinances, defines a variance as a deviation ,from the literal provisions of the chaffer, ivhieh is granted b)) the Board n)hen strict conformity to the chapter would cause an unncce,ssai)r hardship hecause (?f the circumstances unique to the property on ivhich the variance is granted. Section 106 -1 defines fence as "...the manmade structural barrier erected on or around a piece of property " Except as otherwise prohibited, the board is empowered to authorize a variance from a requirement when the board finds that all of the following conditions have been met. That the granting of the variance will not be contrary to the best public interest. �* That literal enforcement of the chapter will result in uruzecessaiy hardship because of exceptional narrowness, shallowness, shape, topography or other extraordinary or exceptional physical situation unique to the specific piece of property in question. "Unnecessary hardship" shall mean physical hardship relating to the property itself as distinguished from a hardship relating to convenience, financial considerations or caprice, and the hardship must not result from the applicant or property owner's own actions; and That by granting the variance, the spirit of the chapter will be observed. Allow construction of fence at S ft. off the property line with a reduced setback in the front yard. In determining if granting the applicant's request would be contrary to the public interest, Staff recognizes that the development of the fence at the property may not create a problem with adjoining properties. A survey of surrounding properties shows this non - compliance (lire existing & non- conforming) with the ordinance in the area. Board of Adjustment JUly 28, 2011 Page 3 of 3 Issues to consider are impact on neighboring property and the best public interest. In this case, it appears that the fence will seve to provide security to the property as well as parking lot and may not have any impact on the adjacent properties. In addition, it may not harm and should not be injurious to the public. However, it appears that the fence will serve to provide safety and security to the businesses intended to move or relocate to this area. h1 addition, it may prohibit any vandalism and loitering in the area. The intent is to provide a conducive cnviromnent for the safe operation of the businesses in the area. In reviewing the specific grounds for granting a variance, however, staff points out that the condition, as it exists, "...is the result of the applicant or property owner's own actions..." contrary to the provisions of Section 106 192. Staff finds no grounds to justify "...unnecessary hardship because of exceptional narrowness, shallowness, shape topography, or other extraordinary or exceptional physical situation unique to the property in question.." Security and safety of the property may be considered in this regard. The Zoning Board of Adjustment's final consideration is whether granting this request observes the spirit of the ordinance. Conclusion : The application merits review by the Board based upon the parameters set by the Ordinance. The Board may consider: Granting the variance and allow the fence to be constructed at 5 ft. off the property line in the front yard setback, Denying the variance thereby disapproving the construction of the front yard fence. Aeaels As per Section 106 -196 of the Code of Ordinances of the City of La forte: Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment, or any taxpayer, or any officer, department, board or bureau of the city may present to a court of record a petition for a writ of certiorari, as provided by V.T.C.A., Local Government Code Section 211.011, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten days alter the filing of the decision in the office of the Board of Adjustra r t. CITY OF LA PORTE Ian f Application No.: OrinCr-MSE. ONLY: Fee: $150-00 Date Received: Note: 'This rice is Non-Refu nd able Reg at-([ less oft lie B oards Decision Applicant. liy'15- Name O/ve 74vef2AJo 0 I "1705 61j)Avo Address Plione I am the owner of the herein described property. I have authorized to act on my behalf in this matter. Owner-1: Name 'SAM-, 11mm I am req nestin vari ance to Sect. 7 J of the City Zoning regulations Chapter 106 of the g a. Code of Ordinance. I am requesting this variance for property located -.it lqq5 seNs kz)., Z_* Street Address 15� 7 8 ACP-cs /" 7 � S'u v6j Legal Description I Site Plan Major Development Site Plan Minor Development Site Plan General Plan A Site Plait of the property is attached. Also, I have listed the information requested below on the following pages of this form. a) All f-.ictscoticei-iiiiigtliemattet- tliat has led) uptothisrequest. b) The type of relief I am seeldug (setbacks, lot coverage, etc.). c) The grounds upon which I am making this requosL --A IF applicant is NOT the owner, lie must, provide Authorization to act on t he O%vnpu`s� Wialf, Date Applicaids SiWi Office Use Only Site Plan an([ Authorization (if applicable) attached? Yes () No Date transmitted to (Ito Board of Adjustments: Applicant Notilied of Date: Notice to surrounding property owners- Date: Board's Decision: Approved () Denied () Notice of Boards Decision mailed to Applicant/Owner: _ A variance is as " deviation from tile literal prDViSi0nS of the Zoning Ordinance." The City's Board of Adjustments may NOT grant as variance that does not meet all of tile following conditions: 1) Thevariance must not be contrary to the public interest. 2) Literal enforcement of the Zoning Ordinance must result in as hardship. This hardship must be unique to the property in question. Property that is undevelopable due to its unusual shape, narrowness, shallowness, or topography constitutes the primary example orhardship. Hardships that are financial in nature or title to tile owner's actions cannot be grante(L 3) Granting file variance must not violate the spirit of the Zoning Ord bla lice, 4) No variance that allows a use that is prohibited within tile Use zone in question may be granteti. For example, a variance allowing a commercial use in as residential zone is not allowable. Please remember it is tile. Applicant's responsibility to prove that a variance will meet tile above conditions. If there is not adequate room oil the remainder of this form to list all pertinent information, please feel free to attach all additional letter or any information and exhibits you feet tile Board should consider. F ACTS RELEVANT TO THIS MATTE R: Sec. 106-797, - Property line fences in industrial districts. Property line fences in any industrial district shall not exceed eight feet in height except that: (1) Fences erected along a property line in common with a residential district shall be subject to the provisions herein described in residential district fences, and (2) Fences in commercial and industrial 7-ones which are primarily erected as 6, security measure may have arms projecting into the applicant's property on which barbed wire can be fastened commencing at a point at least seven feet above the ground, and such fence shall not be erected within the required, landscaped portion of any yard or the front yard setback of any corninercial or industrial establishment. Section 106-797 prohibits fence installation within a front yard setback. The subject property is zoned Light Industrial ("Ll") and owner intends to construct a distribution warehouse on said property. Property owner wishes to construct a fence within 20' building setback as shown on attached site plan, Fencing is necessary to secure our property and parking lot. Trucks and trailers will be parked overnight and theft of trucks and tires is extremely common. It is not possible for us to install fencing at the 20' building setback because it would render 20' of our parking lot useless. Therefore, we wish to construct the fence at the location shown on attached diagram. Our proposed location is behind the landscape strip which we believe adds to the aesthetics of our project and improves the view of our property from the street. M EANS I LOW SENS ROAD COA ID N I 133NNID, -1 WiNAO Nounomwo ovom sws NV'ld'AiIS:U lOdV too M wl 0 5144 � �' .A � 9 � i ?.s'E r � .,Y„ a J , as rszu � . . .... .... .. .. . ..... ... ... .. Iou�p�s /j /// P a o a �' ..... .... I !, l AMA U L N i mom r --------------------- H�m y 1 ay � i ......... I �� /' ° °�....._ _ . � � 111 ...... ........ . . . 131 !, l AMA U L N i mom r --------------------- H�m y 1 ay � i ......... I �� /' ° °�....._ _ . � � 111 ...... ........ . . . § 106 -797 LA PORTE CODE Sec. 106-797. Property line fences in industrial districts. Property line fences in any industrial district shall not exceed eight feet in height except that! (1) Fences erected along a property line in common with a residential district shall be subject to the provisions herein described in residential district fences; and (2) Fences in commercial and industrial zones which are primarily erected as a security measure may have arms projecting into the applicant's property on which barbed wire can be fastened commencing at a point at least seven feet above the ground, and such fence shall not be erected within the required landscaped portion of any yard or the front yard setback of any commercial or industrial establishment. See, 196 -798. Fencing and wall requirements for automotive wrecking, salvage yards, junk dealers, etc. (a) General requirement. Every automotive wrecking and salvage yard/junk dealer /scrap metal processor yard with the city shall be completely surrounded and enclosed by a solid fence or wall which is at least eight feet in height.. (b) Construction., maintenance of fence or wall. Every fence or wall herein shall be constructed and maintained as follows: (1) All fences shall be constructed of wood, masonry, corrugated sheet metal, chain link or any combination thereof, provided, however, that any one side of an automotive wrecking and salvage yard/junk yard/scrap metal processing yard shall be bounded by a fence or wall constructed of only one of the above materials. (2) Chain link fences shall be constructed of galvanized chain link fencing with wood or metal slats or strips run through all links of the chain link fence. (3) All fences or walls shall extend downward to within three inches of the ground and shall test plum and square at all times. (4) All fences or walls shall be constructed in compliance with all applicable provisions of the building code of the city. (c) Use of wall, door or building as part of fence or wall. Any part of a fence or wall required by subsection (a) of this section may consist in whole or in part of a solid wall and door, or walls and doors of any completely enclosed building on the premises, if such wall or door meets all construction requirements set forth in this section. (d) Cates at openings in enclosure.. Openings in the prescribed enclosure which are necessary to permit reasonable access to said automotive wrecking and salvage yards /junk yards /scrap metal processing yards shall be equipped with a solid gate or gates, constructed and maintained in accordance with the requirements for a fence or wall set forth in this section. Such gates shall be closed and securely locked at all times except during normal daytime business hours. (Code 1970, § 12 /4- 14(c) --(f)) Supp. No. 21 CD106 :90 Y! 1 11 1 111 116 `�/14641/�2 E 41111A Imumillimmm • . E XHI B IT C OF ORDINANCES, SE RESIDENTIAL AREA REQUIREMENTS, SECTION 106-835 EXHIBIT D - PUBLIC NOTICE S NSE, (None received to elate) Staff Repoi1 July 28, 2011 HFH Special Exception °i c gists Re ueste b : Bay Area habitat for Humanity c/o Ed Fendell eguested for Side yard setback requirement on a corner lot & Driveway distance from property lines corm with street right -of -way Location 501 N. 7 Street (Block 101 a Lots 17-18; Town of La Forte) Lo i a Mcdiurn Density Residential (R -2) Bacl o nd : In rune 2011, the applicant, Bay Area Habitat for Humanity, received four lots from the City of La Forte to build two single - family houses. To develop in the Northside and meet the City's minimum 50' lot width requirement, two 25' x 125' lots are needed. The size of the subject property is (50'x125') 6,250 square feet, The property is further described as Lots 17-18, Block 101, Town of La Porte, Johnson Hunter Survey, Abstract 35, La Forte, Harris County, Texas. The subject property is located at the northeast corner of W. Madison Street (unimproved public right -o-f way) and North 7 Street (See Exhibit A). To develop a single - family dwelling in a residential zoning district, the City's minimum 50' lot width and minimum lot area of 6,000 sq.fJ. are required. In addition, minimum yard setback requirements are Front 25', Rear 15', and Sides 5' (adjacent to public right -of -way shall be 10'). The site meets these requirements, however, as a corner lot on North 7"' Street and W. Madison Street, a 5' side setback is requested in lieu of the required 10' side yard setback when adjacent to the right-of-way. Alter the required 5' setback is applied to the north side of the property, the 10' side setback requirement at W. Madison Street cannot be met with the floor plan contemplation. In developing a comer lot, zoning regulations require a minimum ten -foot (10') setback on the side that adjoins a public right-of-way (W. Madison Street). Therefore, the applicant is requesting a 5' Special Exception to the side yard requirement on a corner lot. The typical plot plan for habitat house shows a five -foot (5') distance from the property line for the placement of a driveway. While, the ordinances require minimum 25' from intersection of property lines common with street right -of -way lines. The applicant is requesting a variance for the placement of driveway at 5' from an intersection in lieu of 25'. Board of rldj USWICIA July 28, 2011 Page 2 of 3 Anal 3sis. The Code of Ordinances defines a ,special exception cis a .specified enumerated deviation from zoning regulations. The Board is ernpori�ered to grant a special exception when it finds the follmi Granting the exception still not adversely crfect the value, or use of neighboring property. o0, Granting the exception ivill not be eontr°at3) to the hest public interest. The applicant's request is based on Section 106 ®191(b) (2)(c), which states the following. To deviate yard requirements in the hollowing circumstances: a yard exception on corner lots. Except as otherwise prohibited, the board is empowered to authorize a variance from a requirement when the board finds that all of the following conditions have been met. �* That the granting of the variance will not be contrary to the best public interest. That literal enforcement of the chapter will result in unnecessary hardship because of exceptional narrowness, shallowness, shape, topography or other: extraordinary or exceptional physical situation unique to the specific piece of property in question. "Unnecessary hardship" shall mean physical hardship relating to the property itself as distinguished from a hardship relating to convenience, financial considerations or caprice, and the hardship must not result from the applicant or property owner's own actions; and That by granting the variance, the spirit of the chapter will be observed.. Conclusion The Board is charged with deciding whether the applicant's request for a five --foot (5') corner lot setback exception is "reasonable" and that granting a variance for driveway location will not adversely affect the value and use of adjacent or neighboring property, or be contrary to the public's best interest. Board of Adjustment July 28, 2011 Page 3 of 3 The applications merit review by the Board based upon the parameters set by the Ordinance, The Board may consider: I . Special Exception Request ##11. 94000002 Granting special exception and allowing 5' public right -of -way. Denying the request means 10' side yard right- of-way to remain intact. 2. Variance Request 411- 93000007 side yard setback actj acent to setback adjacent to public Granting the variance and allowing the driveway to be built S' from the intersection of property lines common with street right-of-way lines, Denying the variance thereby not allowing the driveway placement as requested. eals; As per Section 106-196 of the Code of Ordinances of the City of `La Porte: Any person or persons, joindy or severally, aggrieved by aqy decision of the Board of Adj"zastrnent, or any taxpayer, or any gffrcer, depar ^linent, board or burean of the cite may present to a court of record a petition,for° a ivr it of certiorari, i, cas provided by V T. C. A., Local Gover ninent Code Section 211.0 11, drdy verafied, setting forth that such decision is illegal, in rt %hole or in part, specifying the grounds of the illegality. Stich petition shall be presented to the court ivithin ten days clfter° the filing Qf the decision in the cif f ice of the Board qfAdjustinent. . F,GIt JUL o s zo,9 Receipt Teo.: _ Note: This Fee is Teton - Refundable Regardless of the Board's Decision Site Tarr and authorization (if applicable) attached? Yes () No ( ) i i i Applicant Notified of Date: Board's Decision. Approved () Denied ( ) Notice of Boards Decision mailed to Applicant/ Owner; _ CITY OF LA PORTE ZONTING IBOAIZD OF AW - USTMENT VARIANCE REQUEST 1° Ica 4, ' N o - OFFlcEusEoNLY-. Fee: $150.00 Date Received: Receipt No.: Note: This Fee is Non-Refundable Regardless of the Board's Decision L, Applicant: 24,49,4 Name Address -7 7 T I am the owner of the herein described property. I have authorized to act on my behalf in this matter. Owner*: Name Phone Address Phone Site Plan Minor Development Site Plan Major Development Site Plan General Plan A Site Plan of the property is attached. Also, I leave 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 Tam making This request. If 21 is NOT the owner, he must provide Authorization to act on the Owner's behalf. Date Applicant's Signature Office Use Oit Site Pl:in and Authorization (if applicable) attached? Yes () No 0 Date ti to the Board of Adjustments: Meet ir g Date: Applicant Notified of Bated Notice t sui , ro u T icling property owners -bate: Board's Decision'. Approved () Denied () Notice of Boards Decision mailed to Applicant/Owner. _ EXHIBIT SCALE: 1 20' CD SrT Ill I.R. W / CAP LOT 2 EAST 125.00' i -- UJ �d Q 0 'f CS T Lf) I E � Ln SET 112' I. W / CAP :6 1t 7 C� (BEARING C0NTR `'�' WEST — 125.00' SET 1 /2' I.R. W/ CAP O LOT 5 Notes: - Basis for Bearings: ASSUMED PER RECORD PLAT. - Distances shown are ground distances- -All abstracting done by title company. - All B.L - 's & U.E. taken from recorded plat unless otherwise noted. - Dimenslon ties from improvements to property lines are calculated and should NOT be relied upon for construction and/or removal of any Improvements Including fences. - Building dimensions may not be used to calculate square footage. - This property subject to any and all recorded and unrecorded easements. Surveyor has made no investigation or Independent search for easements of record, encumbrances, restrictive covenants or ownership title evidence. i nersny cenrry that iris survey under my supervision was this day made on the ground and that this plat correctly represents the property legally described hereon (or oh attached sheet). That the facts found at the time of this survey show the Improvements and that there are no visible; ancroanhments aoonrent on the around- extent as shown. LEGEND: 0 6 t o 7 0 U� Wood Pence U.E. = Utility Easement — ~ Chain Link D.E. = Drainage Easement —X X = Barb ®d Wire B.L. = Building Line . - = Wrought Iron G,E. = Guy Easement —E — — = Overhead Powerllne 1.R. = Iron Rod 0 = rower Pole I.P. = Iron Pipe J-h = Manhole P,i,P. = Pinch Iron Pipe EM = Water Meter P.P. = Power Role Stm.S.E. = Stoma Sewer Easement San.S.E. = Sanitary Sewer Easement N. C,C.F.No. _ Harr Co Clerk File Number This property appears to be - - - - - -- �— OUT of the 100 year flood plain, & In Insurance rate map zone X, EXHIBIT ZONING § 106 -333 1 The minimum setback adjacent to any utility easement located in a rear yard, shall be three feet. No portion of any building; including_ projections of any nature shall encroach into any utility easement or vertical projection of the easement boundary, 4. Where adjacent structures within the same block have front yard setbacks different from those required, the front yard minimum setback shall be the average of the adjacent structures. If there is only one adjacent structure, the front yard minimum setback shall be the average of the required setback and the setback of only one adjacent structure. In no case shall the minimum front yard setback. exceed 30 feet. w 5. All side yards adjacent to public R.O.W's must be ten feet. 6. In the case of zero lot line housing, the side setback opposite the zero lot line must be ten feet. 7. D.U.A. is an abbreviation for dwelling units per acre, or the maximum density permitted. & All structures except slab on grade, shall be placed on a foundation system described as: An assembly of materials constructed below or partially below grade, not intended to be removed from its installation site, which is designed to support the structure and engineered to resist the imposition of external forces as defined by the Standard. Building Code, or in the case of industrialized housing;, the requirements of the TDLS. Such foundation system shall be skirted or enclosed with wood or masonry to give the appearance of a solid foundation, if one is not provided, compatible with the appear- ance of adjacent housing, and subject to the requirements of the Southern Building Code. 9. See article V, division 4 of this chapter for additional requirements. 16. No sign shall be located in a sight triangle so as to obstruct traffic visibility at a level between three feet and six feet as measured above adjacent road grade. 11. In the case of multifamily residential developments with 50 or more units, said complexes must be located at least 1,000 feet from other multi- family residential developments of 20 or more units, 12. Within the building setback, there must be a ten -foot opaque screen consisting of shrubs and fencing. (See section 1116- 334(i) for screening and fencing requirements.) 13. Residential developments that are townhouses, quadruplexes, or multi - family dwell- ing units must have a minimum of 25 percent landscaping. 14. Multifamily residential developments adjacent to single - family residential develop- ments must establish a 25 -foot buffer between the two developments. This buffer is in addition to the setback as established by this table. 15. In the case of multifamily residential developments, no off - street parking shall be placed within the required setback, or within the required additional 25 -foot buffer Supp. No. 22 [f)Ertac*a CURB AND DRIVEWAY CRITERIA 11"W-TS. FIGURE 10-2 Industrial CURB AND DRIVEWAY CRITERIA, RESIDENTIAL DISTRICTS (R-1, R-2, R-3, MH) 10' to 15' Driveway Requirements Drive width 12' to 25' Curb return radius 2' to 5' Distance from intersection 25' inn.* Spacing between driveway 10' min, Distance from side lot line 3' min. Intersecting angle 90 Approach grade 5% max. For concrete drives only: a. Material Min. 4" thickness w/ 6x6-6/6 W.W.M. b. Expansion joint At property line c. Curb (if applicable) Curb disappearing at property line Obstruction clearance Min. 3' from poles, hydrants, etc. This distance shall be measured from the intersection of property lines common with street right-of-way lines. Driveway Criteria Drive width Curb return radius Distance from intersection Spacing between driveways Number of accesses % of property frontage Intersecting angle Approach grade Expansion joint Requirements Commercial Industrial 20' to 25' 30' to 40' 10' to 15' 10' to 15' 40'* 40' min.* 40' ruin. 40' min. 1/80'; 2/150' 1/80'; 2/150' 40% 40% 90 90 5% max. 5% max. At prop. line At prop. line Xj 11