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HomeMy WebLinkAbout12-29-11 Zoning Board of AdjustmentNotice is hereby given of a Special Called Meeting of the La Porte Zoning Board ufAdjustment to be held om December 29,2O11.sd6:O0P.M. ad City Hall Council Chambers, GO4 West Fairmont Parkway, La Porte, Texas, regarding the items of business according to the agenda listed below l. Call boorder 2. Consider approval of September 22.2Oi1. meeting minutes. Consider Variance Request #11-93000011 for the property located at 1718 Roscoe Street, further described as 12.5 feet nfLot 13, all of Lots 14 through 24. Block 27, BeyfnontAddidon bo the Town ofLa Porte. Johnson Hunter Survey, /\batneot No. 35, La Porte, Harris County, Texas. The applicant seeks to construct an accessory structure up to 19 1 /2 feet high exceeding the height limit of15`. contrary to the provisions ofSection 106-741 of the Code cf Ordinances. The variance is being sought under the terms of Section 106-192(b) (2) of the City's Code ofOrdinances. A. Staff Presentation B. Proponents C. Opponents D. Proponents Rebuttal 4. Consider Variance Request 911'93000010 for Lot 13-18 21-24, 29'32. 37'40. and 44-48 Block 2, Lakes at Fairmont Greens, Section 1, W. P. Harris Survey, 4-30, Le Porte, Harris County, Texas. The property owner seeks a reduction on the front building setback of the cul- de-sac lots from 28' to 15' in order to construct homes in accordance with building plans and specifications. ThevarianoeisbeingsnuQhtonderthetermaofSection1O6-1Q2(b)(2)ofthe City's Code of Ordinances. A. Staff Presentation B. Proponents C. Opponents O. Proponents Rebuttal 5. Administrative Reports 6. Board Comments on matters appearing on agenda or inquiry of staff regarding specific factual information or existing policy Aquorum 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 Fogorty, City Secretary, at 281.470.5010. MINNIMMIRRIEW I certify that copy of the December 29. 2011. agenda of items to be considered by the Zoning Board of Adjustment was posted on the City Hall bulletin board on the ____ day of .2O11 Members Present: George Maltsberger, Charles Schoppe, Rod Rothermel, and Sherman Moore (Alt. No, 2). Members Absent: Chester Pool, T.J. Walker, and Lawrence McNeal (Alt, No 1). City Staff Present: Traci Leach, Assistant City Manager; Masood Malik, City Planner; Clark Askins, City Attorney; Peggy Lee, Planning Coordinator, 1. Call to Order. Chairman George Maltsberger called the meeting to order at 6:02 p.m. 2. Consider approval of the August 25, 2011, meeting minutes. Motion by Rod Rothermel to approve the Minutes of August 25, 2011. Second by Sherman Moore. Motion carried. Ayes: George Maltsberger, Charles Schoppe, Rod Rothermel, and Sherman Moore (Alt. No. 2). Nays None Abstain! None A. STAFF PRESENTATION Masood Malik, City Planner, presented staff 's report. Twelve public hearing notices were mailed to property owners within 200' of the subject property. The City received one response in favor and two were returned undeliverable. Sherman Moore requested staff to review the Zoning Ordinance to see if changes are in order for the height requirements. B. PROPONENTS 1. Michael Garner of 201 & 205 Sylvan spoke in favor of the variance, 2. Dane Lester, son of Ms. Sheppard, spoke of the importance of the handicap access for his mother. 3. Lou Ann Martin of 1103 Oak Leaf, spoke in favor of the variance. C. OPPONENTS TWe Yere - mte. D. PROPONENTS REBUTTAL There were none. Motion by Charles Schoppe to approve Variance Request *11-93000009, for the property located at 217 Sylvan Street to build a deck with handicapped ramp over one foot height limit in the front yard, Second by Rod Rothermel. Motion carried. Ayes'. George Maltsberger, Charles Schoppe, Rod Rothermel, and Sherman Moore (Alt. No. 2), Zoning Board ofAdjustment Minutes of September 22.2O11 Page 2of2 Nays: None Abstain: Nome 4. Close Public Hearing Chairman Maltsberger closed the public hearing at 6:1 5pm. 6. Administrative Reports The Planning and Zoning Commission is currently working with consultant on the Comprehensive Plan Update. The Commission reviewed Chapter 2 at the September 15^' Planning & Zoning Commission Meeting. The City is currently working with the perspective consultant on updating the Northside Neighborhood Plan. 7. Adjourn Motion by Rod Rothemne|hoadjourn. Second by Sherman Moore. Motion Carried. Ayes: George Maltsberger, Charles Schoppe, Rod Rothermel, and Sherman Moore (Alt. No. 2). Nays: None Abstain: None Chairman George &1aDoberger adjourned the meeting mt&16pm. Submitted by, Peggy Lee Secretary, Zoning Board of Adjustment Approved on this day of 2011. GeorgeMaltsberQeY Chairman, Zoning Board of Adjustment an 11; 1 ��, b W i 7 's b §!w 1 . 1110 I I10011IS Y EXH E - PUBLIC NOTICE RESPONSE (None received as to elate) Staff Report December 29, Variance 11® 1 Reguested by : Maury Rubenstein, Property Owner Re uested for Additional height of 4' /z ft. exceeding the maximiu -n 15' allowed for an Accessory Building Location 1718 Roscoe Street (Block 27; 12.5 feet of lot 13 & all of lots 14 through 24, Bay Front Addition, Town of La Porte) znn° e Low Density Residential (R -1) Bads ound The applicant is requesting additional height of four and a half feet for an accessory building exceeding the maximum fifteen feet allowed per Section 106- 741(b) of the Code of Ordinances. The purpose is to construct a building garage for accommodating a large boat on trailer which would be over the height limit for accessory buildings. The subject property is a proposed residential home site located in the Bayfront Addition to La Porte by the Galveston Bay. Several years ago, an old house /structure was demolished by the owner. Now, he is developing a new residence with an attached and a detached garage on one acre of land . located at 1718 Roscoe Street. Proposed house plan shows a circular drive with a detached garage along Roscoe Street. An existing slab along Roscoe Street has been kept intact for proposed detached garage. In addition to new house and detached garage, the owner is proposing to build an accessory structure to keep a larger boat on the property. Proposed structure is approximately 27'x 37' and will be located in the rear at the southwest corner of Roscoe Street and South Lobit Avenue. Furthermore, it is more than 30' behind the main structure and has 10' setbacks at the rear and side property lines. An access to the accessory building will be from South Lobit Avenue. Proposed building neither exceeds 1,000 sq. ft. of floor area nor occupies more than 25% of rear yard in compliance with the Code of Ordinances. In addition, accessory building is designed to aesthetically blend with the primary structure and will incorporate same building materials, Furthermore, the height of an accessory building will be the same as of primary structure. This property is among the waterfront properties. La Porte's waterfront properties are unique in the sense that most of the rear yards face the street. The old town of La Porte was platted as 25'x125' lots in the 19 century. The property in question consists of twelve of the same sized lots. The house will sit on six lots with a detached garage being located in the rear yard along Roscoe Street. Typically, the garages were built close to the street to maximize green spaces. In addition, the streets are narrow and few blocks long due to the numerous bayous out falling into the Galveston Bay. Zoning Board of Adjustinent December 24, 2011 Page 2 of 3 n&a is : Section 106- 192(b )(1), in the Cade of Ordinances, defines a variance as a deviation fiorn the literal provisions of'the chapter which is granted by the Board when strict conformity to the chapter ivould cause an unnecessary har &hip because of the circumstances unique to the property on - Mich the variance is granted Except as other i prohibited, the board is empori�ered to authorize a variance from a requirement when the board„ nds that all of the folloiving 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 i result in unnecessary hardship because of exceptional narroivness, shallovimess, shape, topography or ether 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 fi°om a hardship relating to convenience, financial considerations or caprice, and the hardship must not result fi•orn the applicant or property) owner's o vn actions; and + That by granting the variance, the spirit elf the chapter will be observed The Beard is charged with determining if the applicant's variance request to Section 106- 741, general provisions, is reasonable and whether all of the above conditions were met. To determine if granting the applicant's request would be contrary to the general public, Staff considered the fact that new residence, garages and accessory building are proposed at the same time and the home and garage will be consistent in design. Staff also recognizes that the development of the property may not create a problem with adjoining properties. Adjoining properties are also single - family residential. Whether the Board does or does not grant the applicant's request, development of house and detached garage will proceed after obtaining a City permit. However, the applicant wants to build an accessory structure as a part of an overall project. When looking at the next test, Staff determined that granting the variance would still observe the spirit of the law. The spirit of the ordinance is assumed to be public safety. If one considers the spirit of the law is to ensure uniformity and property maintenance throughout the City, Staff's notes that there are already some property irregularities (pre - existing nonconformities) in the area. Therefore, it does not appear that the applicant's request will create a negative impact to the property or the surrounding area. Zoning Board of Adjustment December 29, 2011 Page 3 of 3 The final test is the most difficult and involves unnecessary hardship. Staff does not find the applicants request meets the physical hardship test, as there is nothing unique about his property. While safety should be paramount public interest, preserving historical character should also be considered. In order to conform to the current regulations, the fence along Roscoe and Lobit Streets need to be improved. Driveway along South Lobit shall be in conformance with the City's Driveway criteria and landscaping shall be installed to cover loss of green space near the Bay. Conclusion Variance Request seeps relief from building height for proposed accessory building in the rear yard, may not appear to be contrary to the City's Code of Ordinances. The circumstance, however, for the requested variance needs to be re- evaluated in that the request is not due to physical hardship imposed by the uniqueness of the property concerned. While the reasons for the variance relating to the height of the building do not strictly conforin to "physical hardship relating to the property itself" the building's intended use to parr boat, while on trailer otherwise be committed to open storage may be taken into consideration when rendering a decision.. The applicant's variance request appears to meet the spirit of the Ordinance. While recognizing the grounds for the request associated with the property, the Board could consider: Allowing an accessory building to be 19'6" in height, in excess of the 15' allowed by ordinance, to accommodate intended private storage of boat trailer (variance granted). Deny the variance for an accessory building to be 19'6" in height, over the limit allowed by the ordinance. ppe�als As per Section 106 -196 of the Code of `Or Ordinances of the City erf'La Porte: Any person or persons, Jointly or ser aggrieved by any decision cif the Board (rf Adjirstrraent, or any taxpayer, or any officer, departinent board or bureau of the city may present to a court of'record ea petition a vw t of cer•tiorar°i, as provided bj) V T.C.A., Local Government Code Section 11.011, drily verified, settingforth that such decision is illegal, in ivhole or in part, specifying the grounds of the illegahty% Vlach petition shall be presented to the court within tern clays after the filing of the decision in the office of the Board ofAdjustinent. TOO'd IVI-01 CITY OF LA PORTE Site PISS Minor Development Site Plpm Major Develtipment Site Plan General 1 Date Natim of YWftrd& NdSIGT) Ulftlied tO APPliVUlt/Owncr' TOO/T'00'cl �- 0 : T T T T 0 3 - 7, T - ;DE,' - 7 r ISM 11010 FACTS RELA VENT TO THE NATTER The owner has permitted and is developing a new residence with an attached garage and a detached garage on one acre of land located at 1718 Roscoe Avenue. The attached garage is for automobiles, while the detached garage is for small, single person watercraft, lawn equipment, and other miscellaneous maintenance equipment. In addition to these two structures, the owner is proposing to build separate, accessory structure to beep a larger boat on the property. The accessory building is intended house and store the boat from public view. The proposed accessory building is designed to aesthetically blend with the main residence and will incorporate many of same; building materials. The structure will be located in the rear, comer portion of the lot more than 30 feet behind the main residence and has 10 foot setbacks at the rear and side property Lines in an effort to retain the trees in close proximity. The square footage of structure is 998 sgft and is not more than 25% of the total rear yard. The access to the accessory building will be from Lobbit Avenue. TYRE OF RELIEF BEING SOUGHT Section 106 ®741 -b states that any accessory building may not exceed 15' ®0" in height. We ask that a variance be made to allow this accessory structure a maximum height of 19' -6 ". According to Section 106 ®1 `Definitions', the height of a building -with a roof exceeding 2.5:12 pitch, shall be measured to the average point of the slope, We calculate the height of this structure, having a roof pitch of 5:12, at 19'6" to the roof slope's average point, To keep within the spirit of the Code, this proposed accessory building's height conforms to the requirement that any detached garage not exceed 20' -0" in height. GROUNDS FOR THE REQ -USTS Since a detached garage is already proposed and permitted near the main house, this structure shall be classified as an accessory building according to the Code of Ordinances.. In order for the owner to use this accessory structure to park his boat, while on trailer, the door height must clear 14' -4" The accessory building design requires that the roof structure be raised above the door's clear height. Taping into account the framing, roof structure and 5:12 roof slope, the overall average roof height is 19' -6 ", which exceeds the maximum allowable by 3'6 ". Unfortunately, the physical dimensions needed to achieve clearances give us no other option other than to request a variance. a m u q u a ._._ °. GRAPHIC SCALE a q Is xq °q IN FEET } L 115011 — aU EL -- SI AS — AERIAL EASEMENT IS — BUILDING LINE BLDG — BUILDING ESMT EASEMENT FND — FOUND HL &P — HOUSTON LIGHTING G POWER IP —' I RON PIPE IR —R ON ROB NCCF HARRIS COUNTY CLERKG FILE FIEDR HARRIS COU EY DEED RECORDS HC MR HARRIS COUNTY MAP RECORDS POB — POINT OF BEGINNING PEG — POINT OF COMMENDING P5 — PARIONG SPACES ROW —RIGHT GF WAY SG. Ei 50 ARE FEET LE — ORLIEY EASEMENT — — BARRED MIRE FENCE — CHAIN UNI FENCE CONCRETE COCkRE1) GONGFEIE E— .OVERHEAD ELECTRIC LINES WOOD FENCE +— WROUGHT IRON FENCE GUY W RE [+] _ CA ELL BASIN LM — CABLE BOX I - EI ECTRIC BOX 44 — ELECTRIC MH — FIRE HYDRANT — HIRER OPTIC MARKER — FIAO POLE — GAS METER GD — GAS VALVE 1 — CURB INLET HILL POLE ®_ MANHOLE y$— MONITORING WELL �— PIPELINE MARKER POWER POLE �,— SEA CE OGLE — SANITARY MANHOLE STORM MANHOLE BE TELEPHONE PEDESTAL ®— TRANSFORMER — TRAFFIC SIGNAL DO% IB — TRAFFIC SIGNAL FELS — END RGROUND CABLE MARKER i7p — WATER WELL — WATER M€TER WATER VALVE yr _ BENCNMAR. 4� 9� H a �I LI)T 24 r LCET- ZS E OT 22 LOT 21 APPROXINATE\LOCATICN OF FLOOt PLAIN PER WHIG PLOTTING LOT 20 R.ST�2 / qtr . lOFF 9 \, 644« 3' 4a �s.b �LbT1 a h \ \ ''•.. \ ''\. LOT 17 LOT 16 \ LOT 15 \� B L O)i K 27 LOT R 3 / CC '\ e ° g As r EXC rTUSe 6. ALL BEARINGS AND STREET RIGHT OF WAYS ARE PER RECORDED DEEDS. 2.. SURVEYOR DID NOT ABSTRACT PROPERTY. SURVEY BASED ON LEGAL DESCRIPTIONS SUPPLIER EY TELL COMPANY. EASEMENTS, BUILDING SETBACK LINES, ETD., SHOWN ARE AS IDENTIFIED BY OF NO. 1020142951 OF STVIART TITLE INSURANCE COLIPANY. 3. NOTHING IN THUS. SURVEY IS INTENDED TD EXPRESS AN OPINION REGARDING OVINERSHIP OR TITLE. 4, THE WORD CERTIFY IS UNBERS70011 TO BE AN EXPRESSION OF PRYHY55II JUDGMENT BY THE SORVEYCR, WHICH IS BASED ON HIS BEST KNOWLEDGE. INFORMATION AND BELIEF. 5, SURVEY IS CERTIFIED FOR THIS TRANSACTION ONLY, $ PART CS BIND THA B EING LCENSE D PAS D NCEN I REUSM D EKPRESSS IV OR C IMPLIIE N D T C O P T GIN EXCEPT AS !S NEC[SSAPY IN CONJUNCTICf1 PROPERTY HAS N.N'NIEC F p,UVtn 3:NG TO P.IPL NAP NN... Ili w5l fE 18— 9 STY G-PNING PL10TTIING ANI•Y. R& pO NO'J'A9 ... R R eIUTY FOR EXLOT UR3ERniNATION. Iurt( T, OAT -nTf, edi tw'0 fAUMY caNL —LO —La IAAY I— E €W , }144, — Aa0 ROPG ME+S 1MUJ S. 4 SURVEYOR CERTIFICATION PROPERTY SUBJECT TO SUBDIVISION CaTENANT3, CONDITIONS AND RESTRICTIONS. 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It complies with all the requirements of this section; b. It shall be five feet or more from side lot lines; and C. The side yard doses not abut a street right -of- -way. (2) Accessory buildings built on a slid foundation, no larger than 120 square feet and no more than one story in height may be located in utility easements in required rear yards, except that they may not be located closer than three feet from a side or rear property line or closer than six feet from any other structure. (b) Accessory buildings, uses and structures shall not exceed 15 feet in height, shall be three feet or more from all lot lines, shall be six feet or more from any other building or structure on the same lot, and shall not be located upon any utility easement. (c) Private garage structures with vehicular access doors facing public alleys, as defined in the public improvement construction policy and standards, shall be 20 feet or more from the alley right-of-way. Detached garages located in rear yards of corner lots shall be set back a minimum ten feet from the property line abutting the side street right- of -wa;y. (d) Detached private garages, as defined, may be 20 feet in height, or the height of the principal structure, whichever is less. (e) Floor area. (1) Generally. No accessory building, or carport garage for single - family dwellings shall occupy more than 25 percent of a rear yard, nor exceed 1,000 square feet of floor area. (2) Large lot residential only. Accessory buildings in single - family residential large lots may not exceed 2,000 square feet of floor area. Accessory buildings with a floor area in excess of 1,000 square feet must be located at least 30 feet from any property line and 30 feet behind the rear of the primary structure. (f) No permit shall be issued for the construction of more than one detached private garage or carport structure for each dwelling. (g) Wind generators, for producing electricity or other forms of energy shall not be located in any yards other than the rear yard and must be set back 150 feet frown all property lines or the height of the structure, whichever is greater. Lot,!\ \.: / .... .,. }. \111 7 \ I II EXHIBIT PUBLIC NOTICE RESPONSE (None received a mkt Staff Report December y Var rx std y : D. R. Horton (Builder) on behalf of Dr. Malladi S. Reddy (property owner) Re guested for Waiver of 5' from the City's front building setback of 20' along all cul-de- sac lots in Bloch: 2, Lakes at Fairmont Greens, Section 1. Location Lakes at Fairmont Greens, Section 1, Lots 13 -18, 2.1 -24, 29 -32, 37@40, and 44 -49, Block 2 W. P. Harris Survey, A-30, La Porte, Harris County, Texas. This property is further described as being located between State Highway146 and the Bay Forest. Golf Course south of Wharton Weems Boulevard. Z oning. , Planned Knit Development (PUD) Land Use Marro Low - Density Residential Back r=ourr Lakes at Fairmont Greens is a residential subdivision located along State Highway 146 South just west of the Bay Forest Golf Course. Under the terms of the Development Ordinance 1444, this development is classified as a major subdivision. The subject property is located at the southeast of State Highway 146 and Wharton Weems Boulevard. It is bounded on the cast and south by the Bay Forest Golf Course, West along State Highway 146, and proposed entrance along Wharton Weems Boulevard. The developer presented plans for residential development known as Lakes at Fairmont Greens on approximately 135 acres surrounding the Bay Forest Golf Course along State Highway 146. As proposed, the subdivision consists of 92 lots, 2 blocks, 2 reserves, and two points of entry /exit along Wharton Weems Boulevard. A density of 2.70 dwelling units per acre conforms to the Code of Ordinance, Section 106 -333, Table B, residential area requirements of the City. The Planning and Zoning Commission, at the February 2, 2006 special called meeting, approved a Preliminary Plat of the proposed Lakes at Fairmont Greens, Section I Subdivision. The Development Ordinance requires a developer to file a final plat within one year of approval of the Preliminary Plat. Subsequently, the final plat of the subdivision was approved at the March 16, 2006, meeting. Board of Adjustment December 29, 2011 Page 2 As a part of the PUD development process, a Special Conditional Use Kermit ##04 -012 dated 8- 23 -04, General Flan and Developer's Agreement are in place for this development. Later, few changes to an overall land plan and split of general partners caused amendments to the Developer's Agreement. Currently, the developer has a Developer's Agreement for Section l approved by City Council in July of 2008, as well as conditions approved and required in the SCUT' approved in concert with the subdivision plat. The Developer's Agreement, along with other documents, outlines the Developer's responsibilities relating to development of the tract. The agreement notes that several" Developers Items" for Section I anticipated a May 2008 completion. Since some of these developers items have yet to be completed, a Memorandum of Agreement between the developer and the City= was signed on April 14 2010, to address a request to dig detention north of Wharton Weems. Boulevard in order to use the dirt. The developer has recently completed wrought iron fence located along the golf course adjacent to Section I using City approved specifications. The final completion date has been June 1, 2010. Now, the developer has introduced a builder (D. R. Horton) for this development. Staff is diligently working with the new builder to start building homes in Section L As a part of their due diligence, the builder is experiencing some difficulties to accommodate several building plans on the cul -de -sac lots. A major issue involved front building setbacks. Using the City's setback standards, the submitted plans do not meet the requirements. Staff discussed the following options with the applicant: re-arrange the building layout within the existing lot area to comply with setback requirements; a add additional land from the rear and re-plat the proposed subdivision to meet the building setbacks; or a submit a variance to the Board of Adjustment seeking relief of the front building setbacks. Citing Section 106 -192 B (2) b, the applicant is seeking a variance from the required setbacks of 20'for all cul -de -sac lots. Applicant is requesting building setbacks of 15' on the front for lots 1318, 21-24, 29 -32, 37 -40, and 44 -49, block 2, Lakes at Fairmont Greens Subdivision. The applicant requests that the Board recognize this hardship. On the variance application, the applicant stated that reducing the front building lines of the cul -de -sac lots will allow for a consistent product offering throughout the community and a more aesthetically pleasing streetscape with Berard of Adjustment December 29, 2011 Page a uniform setbacks. Due to the current building setback lines and configuration of the lets, the cud -de -sac lots are not buildable for the single - family products (1,542 sq.ft. to 2,464 sq.ft.) planned for this subdivision. In addition, the current building lines may disrupt the continuity of front building elevations from lot to lot. Analysis Section 106 -192 B(1); in the Code of Ordinances, defines a variance as deviation firow the literal provisions of'the chapter i t)hich is granted by the Board it)hen strict conforinity to the chapter i cause an unnecessary hardship because of the circrirnstances unique to the property on which the variance is granted. .except as otherivise pr ohibited, the board is einpoivered to authorize a variance , from a requir•einent -w hen the board finds that all o f the . folloiving conditions have been reset. 4*.o That the granting of the variance iiaill not be contrary to the best public interest. 2� That literal eilforcenient Qf the chapter will result in unnecessary hardship because of exceptional narrowness, shallolvness, shape, topography or other extraordinary or exceptional physical situation unique to the specie piece of property in question. "Unnecessary hardship" shall inean physical hardship relating to the properly itse�f'as distinguished front a hardship relating to convenience, f inancial considerations or caprice, and the hardship must not result fitorn the applicant or property oivner's own actions; and That by granting the variance, the spirit gfthe chapter will be observed The Board must decide if the applicant's request to have building setbacks at 15' instead of 20' per Development Ordinance 1444 is reasonable. The Board is charged with deciding whether all of the above conditions have been met. The applicant believes that imposing current setbacks will cause disruption and discontinuity= of building elevations on these streets. It will not look aesthetically pleasing and choice of selection will be limited. The applicant requests that the Board recognize this as a hardship. While measures are in place to ensure that the property remains an aesthetically pleasing adjacent to the golf course. If the setbacks of 15'are approved, the instrument will be recorded with the Cleric of Harris County to avoid any complications at the title assessment. Board ofAdjUAMCrlt December 29, 2011 Page d Conclusion Variance bequest seeks reduction of 5' font building setback on the cul -de- sac lots for Lakes at Fairmont Greens, Section 1, may not appear to be contrary to the !City's Code of Ordinances. The circumstance, however, for the requested variance is due to physical shape, width and depth of these; cul- de -sac lots presents uniqueness of the property concerned. The applicant's variance request appeals to meet the spirit of the Ordinance, While recognizing the grounds for the request associated with the property, the Board could consider: Allowing a reduction of 5' on the 'front building setback of all the cul -de -sac lots from 20' to 15' (variance granted). Deny the variance for reduction of 5' on the front building; setback of all cul -de -sac lots as requested. meals Asper Section 106 -196 rrf'the Cade of Ordinances of'the City Qf La Porte: - Any person o r persons, jointly or severally, aggrieved by any decision of the Board of Ac #ustmenI, or any taxpayer, or any officer, department, board or bureau of city may present to a court of record a petition for a writ of certiorari, as provided by 1/. T C.A., Local Governinent Code Section 211.011, duly verified, .settingfibr ^ih that such decision is illegal, in ivhole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten clays after the filing Q fthe decision in the office of'the Board ofAdjustment. Ko m t� I'm I I IR 9 immmm_ Applicant: Representative of D. N I am the Owner of Me berej Rol-too, to act On w 4ehnlf in this Address T am requesting a variance to Sect. Code of Ordinance. I arn reguesting this varinnee for p (X) Site Plan () Major Development Site P12m Street Address Mnor Develupment Site General Plan Office Use Only Site Plan and Authorization (if applicable) attached? Yes () No Date tra min itted to the Boa rd o f Adj a kments.- meeting Date I Applicant Notifled of Date lamlj� property. I have authorized Phone of the City Zoning regulations Chapter I I Legal Description Rm M Please remember it is the Cpl above conditions, If there is Riot adequate room please feel free to attach an addlt should consider. the liter2l provisions of the Zoning Ordinance." Tb to the public interest, .oniug Ordinance mustrasult in a hardship. This ha rty in question. Property that is undevelopzbl not violate the spivit of the Zoning Ordinance, e that is prohibited withio the Use zone in question be 'iancc allowing a commercial use in a residential zo: i. no is responsibility to prove that a variance will the remainder of this form to list all pertinent Won A letter or any information and exhibits you feel the P n A, variance is a " deviation fro Board of Adjustments may NOT conditions.- 1) The variance must not be 7) Literal enforcement of the must be anique to the pro] unusual shape, narrownes of hardship. Hardships th be grauted. 3) Granting the variance ram 4) No variance that allows a I granted, For example, as v allowable. Please remember it is the Cpl above conditions, If there is Riot adequate room please feel free to attach an addlt should consider. the liter2l provisions of the Zoning Ordinance." Tb to the public interest, .oniug Ordinance mustrasult in a hardship. This ha rty in question. Property that is undevelopzbl not violate the spivit of the Zoning Ordinance, e that is prohibited withio the Use zone in question be 'iancc allowing a commercial use in a residential zo: i. no is responsibility to prove that a variance will the remainder of this form to list all pertinent Won A letter or any information and exhibits you feel the P n EXHIBIT UE Y —d ­(0- ­­d SCALI,': I = t CJrY LEGEND P _ ..... _. Ea. D,a Wlhu �fi , 4 ' xnl'kra .�,. .a- � �� _ w�. /{ �: } - � —a , u_. -- ti - - - - - -- - - - - - -- - - - - - - - -- - — - - - - - - - - - - - - - if LTD. - - - - - --- ---------- _ 7 17 77_77 _ T3 , pl— —1 T11 ­ ­ I - - - 1 E� "n em a rURT ER, j­ -1d ­1W d' 0 - T - - - - - - - Js ` V=M_ - - _-- - - - - -4� - - - - - - - - - - - Z7 11L pl, 4 � 20 LIE 1. El 7 I - - , k " I ", , I A P.ErEVT 6N 2Q NP. f2ff� A✓L UflUrlE5 ' _7 6h LL111 I'LL ' ' "Il EWE ........ . . . . . . . . IL "I F.9 A. Teaaur� . Ihero q R ­1­ IT 4 1 FT I.L.T1 ­­1 Wf I­UR V CE td 0 ml� 0 �W­ I I g 'd P­ --------------- LYE ...... ­l ­T nw rLZ aY L (Py 1,.lt1KL Ts AT HLV SEC I I ME LF - AMI L Y RES D RUBDIMS h­ T1111 2 LC 2-11 1, 1_0 r (,KS 2 RES VrS C %ASC�'AINIIIC 34,31✓b ACRES ` A, P W ,2. A2-2 A:! 6 1� 4 ur CU_ 0- rl�E 7)�_L.AV, P. 114RRIS SLWLY. A-30, LA k-AR9S COUNTY 7EX4S - I n �W 0�v & F L 1� LANI P LANA' wPa T; ha 1209 DECKS DP.., STB' � am m 6, UAYTOMN, TT-VA 775 0 PIYG, 2B1 -1f2Z-82 13 PAX 28t-420-2717 DEVELOPER: 65 La 1`0, L-:,. M", -44- 25 20 5A 04 BUILDING LINES (NUMBERS REPRESENT FEET) REAR (ADJOINING RESIDENTIAL) 20 20 COLLECTOR LOCAL 10 THOROUGHFARES STREET STREET LOT LINE 15 15 INTERIOR SIDE 10 RESIDENTIAL 10 (ADJOINING RESIDENTIAL) 25 25 20 FRONT A. EXTRATERRITORIAL JURSIDICTION: All building lines 20 20 20 REAR R - 1, low density residential district of the City 15 15 15 EXTERIOR SIDE family residential development which shall require 5 side yard building line adjacent INTERIOR SIDE a M", 25 25 20 FRONT REAR (ADJOINING RESIDENTIAL) 20 20 20 (ELSEWHERE) 10 10 10 EXTERIOR SIDE 15 15 15 INTERIOR SIDE 10 10 10 (ADJOINING RESIDENTIAL) (ELSEWHERE) 5 A. EXTRATERRITORIAL JURSIDICTION: All building lines shall meet the minimum setback established in the R - 1, low density residential district of the City zoning Ordinance, except in the case of non-single family residential development which shall require 20 foot minimum side yard building line adjacent a to a public street® M", ZONING See. 1.06-333, Table B, residential area requirements. (a) Table i3, residential area requirements. ti Supp, No. 13 CD106 :47 DUM, Maxi- Duplexes 6000 60 Mini- 45 Ft. 8.0 Footnote mum MUM DU /A # 1 Lot Single- family converted to 6000 50 Yard 35 Ft. N/A Mini- Cover - multifamily Setbacks llfini- mum agel Townhouses, quadraplexes ildini- 20 L.F, 45 Ft. mum Develop- Mini- (10,000 s.f of site area 100 ft. mum Mini- F,R.S. Site ment mum wide) Lot mum 21 31 4 1 51 Area l Open Land- Multifamily ly Areal Lot s, 20, Maxi- Unit Space/ scap ng Uses D. U. Width 11, 12, 1s, mum &TY.. Unit Required '., 8 S. F, L.F 14, 15 Height '.. 7 S.F 9, 19 Single - family detached 6000 50 25 -15-5 35 Ft. 9100 — 40 %a/N /A 4.8 # 1 DU /A Single - family large lot 43560 90 25 -15 -5 45 Ft. 43560 — 40 /A sion or parks (5 acre min.) front 1.0 road DU /A Single- family special lot line, 0 4500 40 20 -10 -0 35 Ft. 7300 Footnote 60%/N/A lot line 25 -20 -10 25 Ft, 6.0 # 1 N /A/6% Supp, No. 13 CD106 :47 DUM, Duplexes 6000 60 25 -20 -20 45 Ft. 8.0 Footnote 60%a/N/A DU /A # 1 Single- family converted to 6000 50 20 -10 -5 35 Ft. N/A NIA 50 /A multifamily Townhouses, quadraplexes 2000 20 25 -20 -20 45 Ft. 4400 Footnote 75Tc/25 %0 (10,000 s.f of site area 100 ft. 10.0 # 1 wide) DU /A Multifamily ly 20000 100 25 -20-20 45 Ft. 1600 Footnote 60 0 /o/25 %a 14 #1 DU /A Manufactured housing 4500 40 20 -10 -5 25 Ft. 7300 Footnote 60 0 1o16% 6.0 # 1 DU /A Manufactured housing subdivi- 100 of N/A N/A /A N/A N/A/N /A sion or parks (5 acre min.) front road frontage Group care facilities (less than 25 -20 -10 25 Ft, NIA N/A N /A/6% 6) and day care homes Supp, No. 13 CD106 :47