HomeMy WebLinkAbout10-25-12 CANCELLED Zoning Board of Adjustment
City of La Porte Zoning Board of AdjustmentMeetingAgenda
RegularMeeting
Notice is hereby given of a of the La Porte Zoning Board of Adjustmentto be held on
October25, 20126:00
, at P.M. at City Hall Council Chambers, 604 West Fairmont Parkway, La Porte,
Texas, regarding the items of business according to the agenda listed below:
1.Call to order
2.Consider approval of August23, 2012, meeting minutes.
3.Consider Variance Request #12-93000007for the property located at 101Strang Road,
further described as 10 acre tract of land TR 13D-3, STAASHEN, situated in the Enoch
Brinson League Survey, Abstract No. 5, La Porte, Harris County, Texas. The applicant seeks
a variance to allow a 50’ wide driveway with a 25’ radius along Strang Road to remain in place
contrary to the provisions of Section 106-835of the Code of Ordinances. The variance is
being sought under the terms of Section 106-192(b) (2) of the City’s Code of Ordinances.
A.Staff Presentation
B.Proponents
C.Opponents
D.Proponents Rebuttal
4.Administrative Reports
5.BoardCommentson matters appearing on agendaor inquiry of staff regardingspecific factual
information or existing policy
6.Adjourn
A quorum of City Council members may be present and participate in discussions during this meeting;however,
no action will be taken by Council.
In compliance with the Americans with Disabilities Act, the City of La Porte will provide for reasonable
accommodations for persons attending public meetings. To better serve attendees,requests should
be received 24 hours prior to the meetings. Please contact Patrice Fogarty, City Secretary, at
281.470.5019.
CERTIFICATION
I certify that a copy of the October25, 2012, agenda of itemsto be considered by the Zoning Board of
Adjustmentwas posted on the City Hall bulletin board on the____day of__________
, 2012.
Title: ______________________________
____________________________________________________
Out of consideration for all attendees of the meeting, please turn off all cell phones and pagers, or place on
inaudible signal. Thank you for your consideration.
Zoning Board of Adjustment
Minutes of August 23, 2012
Board Members Present: Chester Pool, Charles Schoppe, George Maltsberger, Rod Rothermel,
and Sherman Moore (Alt 2)
Board Members Absent: T.J. Walker, Lawrence McNeal (Alt 1)
City Staff Present: City Planner, Masood Malik; Assistant City Attorney, Clark Askins; an
Office Coordinator, Peggy Lee
1.Call to Order.
Chairman George Maltsberger called the meeting to order at 6:00 p.m.
2. Consider approval of the July 26, 2012, meeting minutes.
Motion by Rod Rothermel to approve the July 26, 2012, meeting minutes. Second by Charles
Schoppe. Motion carried.
Ayes: Chester Pool, Charles Schoppe, George Maltsberger, Rod Rothermel, Sherman
Moore
Nays: None
3.Consider Variance Request #12-93000005 for the property located at 222 South Y Street,
further described as Lot 9, Block 2, Oakhurst Subdivision, W.P. Harris Survey, Abstra
Porte, Harris County, Texas. The applicants seek to allow construction of a one car garage for
a single family dwelling, contrary to the provisions of Section 106-834 (f) of the Code of
Ordinances. The variance is being sought under the terms of Sec-192 (b) (2) (b) of the
Citys Code of Ordinances.
A.Staff Presentation
City Planner Masood Malik presented the staff report.
Public hearing notices were mailed to 26 property owners within 200 of the subject
property. The City received one (1) response in favor of the request and three (3) opposed.
B.Proponents
The applicant, Walt Saldivar of 3115 Bayou Drive, was sworn in by Chairman Maltsberger.
Mr. Saldivar requested a variance for a one-car garage because at the time he purchased the
4,000 SF lot, he was unaware of the code requirement for a two-car garage. Mr. Saldivar
stated there are no other homes on the street with garages, one or two-car, so a one-car
garage would not seem unusual. He noted the house he plans to build has been designed to
meet all other City requirements.
Zoning Board of Adjustment
Minutes of August 23, 2012
Page 2 of 5
Catherine Focke, 111 S. Y Street, was sworn in by Chairman Maltsberger. Ms. Focke
responded to Mr. Saldivars comment about there not being garages at any of the homes
along the street. Ms. Focke stated there are ten (10) residences, throf which have
single car garages: her house, Freddie Tuckers house across the street, and her brothers
house at 102 S. Y, which has a one-car garage and a carport. She stated the house
proposed by Mr. Saldivar would upgrade the neighborhood and be a definite improvement
to the street.
C.Opponents
There were no opponents.
D.Proponents Rebuttal
There were no proponents rebuttals.
Mr. Malik responded to questions from the Board.
Motion by Rod Rothermel to approve Variance Request #12-93000005, for the property located
at 222 South Y Street to allow construction of a one-car garage for a single-family dwelling.
Second by Sherman Moore. Motion failed for lack of the four (4) votes required to decide in
favor of the applicant.
Ayes: Rod Rothermel, Charles Schoppe, Sherman Moore (Alt 2)
Nays: Chester Pool, George Maltsberger
Assistant City Attorney Clark Askins read into the record, Section 106-196 of the Code of
Ordinances: Appeals from the Board of Adjustment.
Motion by Sherman Moore to reconsider Variance Request #12-93000005 at a later date.
Second by Rod Rothermel. Motion carried.
Ayes: Sherman Moore (Alt 2), Rod Rothermel, Charles Schoppe (Alt 2)
Nays: Chester Pool, George Maltsberger
4.Consider Variance Request #12-93000006 for the property located at 912 Robinson Road,
further described as Lots 410-412, Block 11, Battleground Estates, Section 2, La Porte Outlots,
Enoch Brinson Survey, Abstract No. 5, La Porte, Harris County, Texas. The applicant seeks a
variance to allow a fence erected in the front yard setback to rcontrary to the
provisions of Section 106-791 of the Code of Ordinances. The variance is being sought under
the terms of Section 106-192 (b) (2) (b) of the Citys Code of Ordinances.
A.Staff Presentation
City Planner Masood Malik presented the staff report.
Zoning Board of Adjustment
Minutes of August 23, 2012
Page 3 of 5
Public hearing notices were mailed to 16 property owners within 200 of the subject
property; no responses were received.
B.Proponents
The applicant, Samantha Chaplain of 912 Robinson Road, was sworn
Maltsberger. Ms. Chaplain requested a variance to allow a fence, erected within the front
yard setback, to remain in place. When she purchased the house -4 years ago, the existing
chain link fence running the entire length of the front yard was grandfathered. According to
Ms. Chaplain, the fence, which was originally constructed in 197 dilapidated. Ms.
Chaplain was unaware she could not repair/replace the fence or that a permit was required.
She noted the fence is needed to ensure the safety of her two yo from heavy
traffic along Robinson Road. An uncontrollable flea problem from livestock on the property
adjoining the rear of the property prevents the children from pl
Amy Pearson, 10911 San Jacinto Drive, was sworn in by Chairman Maltsberger. earson
addressed the Board in favor of the variance request, citing speeding traffic concerns.
Gwen Arredondo, 11025 Monument, was sworn in by Chairman Maltsberger. Ms.
Arredondo spoke, neither in favor nor in opposition to the request. She wanted to make the
Board aware that the resident at 805 Santa Anna was required to remove a three-foot (3)
vinyl fence that was installed without a permit, approximately one year ago.
C.Opponents
There were no opponents.
D.Proponents Rebuttal
There was no proponents rebuttal.
Mr. Malik responded to questions from the Board.
Motion by Chester Pool to approve Variance Request #12-93000006, for the property located at
912 Robinson Road to allow a fence erected in the front yard setback to remain in
Second by Charles Schoppe. Motion carried.
Ayes: Chester Pool, Charles Schoppe, George Maltsberger, Rod Rothermel,
Sherman Moore
Nays: None
Assistant City Attorney Clark Askins read into the record, Secti-196 of the Code of
Ordinances: Appeals from the Board of Adjustment.
5.Consider Appeal of the Enforcement Officers Decision #12-95000002 for the property located
at 1911 West Main Street, further described as Lots 5-9, 11-28, TRS 4, 10, 29, Block 727, Town
of La Porte, Johnson Hunter Survey, Abstract 35, La Porte, HarriTexas. The applicant
Zoning Board of Adjustment
Minutes of August 23, 2012
Page 4 of 5
is seeking approval to erect an off-premise advertising sign within 1,000 ft. of an existing sign,
which is prohibited per Section 106-875 (h) of the Code of Ordinances. The appeal is being
sought under the terms of Section 106-89 (3) of the Citys Code of Ordinances.
A.Staff Presentation
City Planner Masood Malik presented the staff report.
Public hearing notices were mailed to four (4) property owners within 200 of the subject
property; no responses were received.
B.Proponents
The applicant, Brett Gilbreath of 601 Park Lane, was sworn in by Chairman Maltsberger.
Mr. Gilbreath provided Board members with a packet of information relevant to the
request. At issue is the radial spacing standard he believes La Porte has only recently begun
to use to determine spacing for off-premise signs. According to Mr. Gilbreath, the highway
department and other cities he has worked with use a linear measurement on the same side
of the roadway. Mr. Gilbreath used Google Earth to locate five (5) existing signs in La Porte
located closer than 1,000 feet from other off premise signs.
Gus Brieden, 222 Bayshore, was sworn in by Chairman Maltsberger.
property where the sign would be located. Mr. Brieden stated he
businesses and collected responses favoring the request.
C.Opponents
th
Larry Haller, business owner at 122 S. 17 Street, was sworn in by Chairman Maltsberger.
Mr. Haller opposes any city approval that would allow the property own
leasing a sign when his property has not been developed properly.
D.Proponents Rebuttal
There was no proponents rebuttal.
Mr. Malik responded to questions from the Board.
Motion by Sherman Moore to uphold the decision of the Building Official to disallow an off-
premise advertising sign to be erected on the property located at 1911 West Main Street, within
1,000 ft. of an existing sign. Second by Chester Pool. Motion carried.
Ayes: Sherman Moore, Chester Pool, Charles Schoppe, George Maltsberger, Rod
Rothermel
Nays: None
Assistant City Attorney Clark Askins read into the record, Section 106-196 of the Code of
Ordinances: Appeals from the Board of Adjustment.
Zoning Board of Adjustment
Minutes of August 23, 2012
Page 5 of 5
The Board directed staff to work with the Planning and Zoning Co
whether the intent of the ordinance is for all off-premise signs to be spaced at intervals of not
less than 1,000 feet by radial measurement, and if so, should verbiage be added to the
ordinance for clarification.
6.Administrative Reports
Mr. Malik reported the model home at Lakes at Fairmont Greens should be complete by September
st
1, and several new coffee shops are opening in town.
6. Board comments on matters appearing on agenda or inquiry of staff regarding spe
information or existing policy.
Chairman Maltsberger suggested additional training to ensure the Board is aware of specific
criteria that must be followed when considering requests. Rod R
importance of maintaining the spirit of the Zoning Ordinance.
7. Adjourn
Motion by Sherman Moore to adjourn. Second by Rod Rothermel. Motion carried. Chairman
Maltsberger adjourned the meeting at 7:35 pm.
Respectfully submitted,
Peggy Lee
Secretary, Zoning Board of Adjustment
Passed and Approved on August 23, 2012.
George Maltsberger
Chairman, Zoning Board of Adjustment
VARIANCEREQUEST
#12-93000007
FOR
101STRANG ROAD
EXHIBITS:
STAFF REPORT
APPLICATION FOR VARIANCE
EXHIBIT A –AREA MAP
EXHIBIT B–SITEPLAN
EXHIBIT C–SECTION 106-835, CODE OF ORDINANCES
EXHIBIT D-PUBLIC NOTICE RESPONSE
Staff ReportOctober 25, 2012
Variance Request #12-93000007
Requested by
:Will Connell, GIS Properties Houston, LLC.
Requested for
:A50’ wide driveway with 25’ radius
Location
:101 Strang Road, TR 13D-3, STAASHEN
Zoning:
HeavyIndustrial (HI)
Background
:The subject property is located at the edge of the City limits of La Porte
adjacent to the DuPont Industries. Strang Road, a 60’ wide Harris County
right-of-way, is a two lane road primarily used for the plant entrance nearthe
interchange of State Highway 146 and 225. Last year, the City received a
development site plan for the Gulf Intermodal Services facility to be located
at 101 Strang Road. Theproject consistsof one-story 7,000 square foot
office building, employee parking and tractor/trailer parking lot. The facility
has two driveways, southern drive for employees and northern drive
primarily for the use of tractors/trailers.
The City’s Code of Ordinances allowsa driveway width maximum up to40’
and turning radiusup to 15’ for industrial zoning districts. Upon inspection,
staff noticed a 50’ wide drivewaynot a 40’ driveway as shown on the
approved site plan, which is in violation of the provision of Section 106-835
of the Code of Ordinances. The applicant wasnotified of the violation and
responded with arequestforvariance to allow 50’ wide drivewaywith 25’
radiusto remain in place.
Analysis
:Section 106-192(b)(1), of the Code of Ordinances, defines a variance as a
deviation from the literal provisions of the chapter, which is granted by the
Board when strict conformity to the chapter would cause an unnecessary
hardship because of the circumstances unique to the property on which the
variance is granted.
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.
Board of Adjustment
October 25, 2012
#12-93000007
Page 2of 3
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.
Regarding this request, the relief being sought to:
Allow a 50’ wide driveway with 25’ radiusto remain in place.
The applicant has consulted two engineering firms, which have
recommended a 50’ driveway with 25’ radius for the safe operations of the
facility. Disadvantages of a 40’ wide driveway with 15’radius include:
Insufficient width for two way traffic as truck and trailer will end up
pulling into an opposite lane before entering the property
Trucks not able to safely enter and exit the facility.
Cause unnecessary safety risks and potential for temporary traffic
problems.
The main access to the facility is along Strang Road,a 20’ wide asphalt
roadway. A widerdriveway with broaderradius along this narrow two lane
roadway would allow traffic to directly enter the facility and provide the
width and depth necessary to easily enter/exit the property via Strang Road.
In addition, this part of town is surrounded by the Battleground Industrial
District to the north and west, State Highway 146 North to the east, and State
Highway 225 to the south.
In determining if granting the applicant’s request would be contrary to the
public interest, staff recognizes that constructionof this drivewaymay not
create a problem with the adjoining properties.Surrounding properties are
basicallyindustrial in nature and may not be impacted with this
development.DuPontIndustries located to its north, is a major supplier of
building and construction materials, maintenance supplies, chemicals, and
consumer goods. While, Praxair is a provider of industrial gases including
atmospheric, process and specialty gases.
Board of Adjustment
October 25, 2012
#12-93000007
Page 3of 3
In viewing 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.
However, staff finds no grounds to justify “…unnecessary hardship because
of characteristics unique to the property, such as exceptional narrowness,
shallowness, shape,topography, or other extraordinary or exceptional
physical situation uniqueto the property in question.” Staff does find that
the narrow cross-section of the abutting public roadway, justifies design
accommodation.
The Zoning Board of Adjustment’s final consideration is whether granting
this request observes the spirit of the ordinance. Based on the facts noted in
this report, the applicant’s request may not be contrary with the spirit of the
ordinance, and may promote the health, safety and welfare of the general
public.
Conclusion
:
The application merits review by the Board based upon the parameters set by
the Ordinance.
The Board may consider:
Granting the variance and allowing the 50’ wide drivewaywith 25’
radiusto remain in place.
Denying the variance thereby causing reconstruction per the
approved site plan.
Appeals
:As per Section 106-196 of the Code of Ordinances of the City of La Porte;
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 after the filing of the decision in the
office of the Board of Adjustment.
AREA MAP
101 STRANG RD.
1 inch = 300 feet