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Home My WebLink About01-10-13 Special Called Meeting of the Zoning Board of Adjustment City of La Porte Zoning Board of AdjustmentMeetingAgenda Special CalledMeeting Notice is hereby given of a of the La Porte Zoning Board of Adjustmentto be January10, 20136:00 held on , 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 November29, 2012, meeting minutes. 3.A Public Hearing will be held toConsider Variance Request #12-93000009for the property located at 711 Fairway Drive, further described as Lot 69, Block 2, Lakes at Fairmont Greens, Section 1, Film Code No. 620028, M.R.H.C., La Porte, Harris County, Texas. The applicant seeks a variance to allow one foot encroachment into the rear 15’ building setback line, contrary to the provisions of Section 106-333of 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.A Public Hearing will be held toConsider Variance Request #12-93000010for the property located at 615 Fairway Drive, further described as Lot72, Block 2, Lakes at Fairmont Greens, Section 1, Film Code No. 620028, M.R.H.C., La Porte, Harris County, Texas. The applicant seeksa variance to allow one foot encroachment into the rear setback line,contrary tothe provisions of Section 106-333of the Code of Ordinances. The variance is being sought under the terms of Section 106-192(b) (2) (b) of the City’s Code of Ordinances. A.Staff Presentation B.Proponents C.Opponents D.Proponents Rebuttal 5.Administrative Reports …Building Professional Institute -Seminar 6.BoardCommentson matters appearing on agendaor inquiry of staff regardingspecific factual information or existing policy 7.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 January10, 2013, agenda of itemsto be considered by the Zoning Board of Adjustmentwas posted on the City Hall bulletin board on the____day of__________ , 2013. 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 November 29, 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; 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 August 23, 2012, meeting minutes. Motion by Rod Rothermel to approve the August 23, 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 #12-93000007 for the property located at 101 Strang Road, further described as a 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 106-835 of the Code of Ordinances. The variance is being sought under the terms of Section 106-192 (b) (2) of the Citys Code of Ordinances. Sherman Moore recused himself from discussion and action on this item. A.Staff Presentation City Planner Masood Malik presented the staff report. Public hearing notices were mailed to six property owners within 200 of the subject property. The City did not receive any responses from the mailout; however the City did receive a letter of support from one of the area businesses. B.Proponents Alton Porter, of 10442 Catlett Lane, was sworn in by Chairman Maltsberger. Mr. Porter, affiliated with the business located south of Gulf Intermodal, spoke in favor of the variance, stating the additional driveway width would be safer because the poor shoulders. Zoning Board of Adjustment Minutes of November 29, 2012 Page 2 of 3 Bill Trahan, 4907 Silsbee, Pearland, TX, representing Mr. Connel spoke in favor of the variance. Although the roadway is in good condition, deep ditches making it difficult for trucks to safely enter and C.Opponents There were no opponents. D.Proponents Rebuttal There were no proponents rebuttals. Motion by Charles Schoppe to approve Variance Request #12-93000007, for the property located at 101 Strang Road to allow a 50 wide driveway with a 25 radius along Strang Road to remain in place. Second by Rod Rothermel. Motion carried. Ayes: Chester Pool, Charles Schoppe, George Maltsberger, Rod Rothermel Nays: None Assistant City Attorney Clark Askins read from Section 106-196 of the Code of Ordinances: Appeals from the Board of Adjustment. 4.Consider Variance Request #12-93000008 for the property located at 100 Park Drive, further described as Lots 11-14, Block 8, Sylvan Beach Subdivision, Johnson Hunter Survey, Abstract No. 35, La Porte, Harris County, Texas. The applicants seek a variance to allow a fence to be constructed in the front yard setback contrary to the provisions of Section 106-791 of the Code of Ordinances. The variance is being sought under the termtion 106-192 (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 nine property owners within 200 of the subject property; three responses were received in favor of the variance. B.Proponents The applicant, Lythia Powell of 100 Park Dr., was sworn in by Chairman Maltsberger. Ms. Powells request for a variance to allow a fence to be constructed within the front yard setback is based on security needs; her husbands varying work schedule, their home recently broken into, and there was an incident where a man walk into the house to ask for work. C.Opponents There were no opponents. Zoning Board of Adjustment Minutes of November 29, 2012 Page 3 of 3 D.Proponents Rebuttal There was no proponents rebuttal. Motion by Rod Rothermel to approve Variance Request #12-93000008, for the property located at 100 Park Drive to allow a fence to be constructed within the front yard setback. 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 from Section 106-196 of the Code of Ordinances: Appeals from the Board of Adjustment. 5.Administrative Reports There were no Administrative Reports. 6. Board comments on matters appearing on agenda or inquiry of staff regarding spe information or existing policy. Sherman Moore inquired about the status of staff working with the Planning and Zoning Commission to determine whether the ordinance intent is for all -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. Mr. Malik stated the City is in the final stages of adopting the completion, an overall review of the Zoning Ordinance will begin-premise signs will be included in the Zoning Ordinance review. 7. Adjourn Motion by Charles Schoppe to adjourn. Second by George Maltsberger. Motion carried. Chairman Maltsberger adjourned the meeting at 6:17 pm. Respectfully submitted, Peggy Lee Secretary, Zoning Board of Adjustment Passed and Approved on ___________________________, 2012. George Maltsberger Chairman, Zoning Board of Adjustment VARIANCEREQUESTS #12-93000009 # 12-93000010 FOR LOTS 69&72 LAKES at FAIRMONT GREENS EXHIBITS: STAFF REPORT APPLICATION FOR VARIANCE EXHIBIT A –AREA MAP EXHIBIT B–PLOTPLANS EXHIBIT C–SECTION 106-333, CODE OF ORDINANCES EXHIBIT D –PUBLIC NOTICE RESPONSE Staff Report January10, 2013 Variance Requests #12-93000009 & 12-93000010 Requested by :D.R. Horton (Builder)and92 Fairmont Lakes, Inc.(Property Owner) Requested for :Waiver of 1’ from the City’s rearbuilding setback of 15’on Lots 69 & 72, Block 2, Lakes at Fairmont Greens, Section 1. Location :Lakes at Fairmont Greens, Section 1, Lots 69 and 72, Block 2,Film Code No. 620028, M.R.H.C., 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. Zoning: Planned Unit Development (PUD) Land Use Plan: Low-DensityResidential Background :Lakes at Fairmont Greens is a residential subdivision located along State Highway 146 South just westof the Bay Forest Golf Course. Under the terms ofDevelopment Ordinance 1444, this development isclassified as a major subdivision. 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. D. R. Horton is a designatedbuilder for this subdivision. As a part of their sale agreement with the owner, ten lots were purchased for building homes as aninitial phase. A model home was completed in September, 2012, and eight lots have been soldby the builder. The subject lotsspecificationsareas follows: Lot Area:70’x115’ Depth of lot:115’ Front building setback:25’ Rear building setback:15’ Side building setback:5’ Available building area depth:75’ Board of Adjustment January 10, 2013 Page 2 The applicant intentsto build a house with a proposed plot plan #W328, 75’8” which requires a buildable area depth of . Using the City’s setback standards for rear building line, the submitted plansdo not meet the requirements. Staff discussedthe following options withthe applicant: re-arrange the building layout within the existing lotarea to comply with setback requirements;or submit a variance to the Board of Adjustment seeking relief ofthe rear building setbacks. Citing Section 106-192 B (2) b, the applicant is seeking a variance from the required setbacks of 15’for rear building line.Applicant is requesting building setbacks of 15’on the rearfor lots 69 and 72,Block 2, Lakes at Fairmont Greens Subdivision, Section 1 be reduced to 14’. Theapplicanthas stated that reducing the rearbuilding setback line of these lots will allow for honoring executedsalescontractswith prospective buyers andsubsequentlyimprove sale of houses in the subdivision. Analysis :Section 106-192 B(1), in the Code of Ordinances, defines a variance as 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. 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. Board of Adjustment January 10, 2013 Page 3 The Board must decide if the applicant’s request to have rear building setbacks at 14’ instead of 15’ per Code of Ordinances, Section 106-333, Table B, residentialarea requirements, 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 voidthe contract and may cause potential lossof these homes in the subdivision.The applicant requests that the Board recognize this as a hardship. Measures are in place to ensure the property remains aesthetically pleasing adjacent to the golf course.If the setbacks of 14’are approved, the instrument will be placed in the subdivision folder along with a form survey to avoid any complications at the title assessment. Conclusion :Variance Requests seekreduction of 1’rearbuilding setback for Lots 69 and 72, Block 2,Lakes at Fairmont Greens, Section 1, contrary to the City’s Code of Ordinances. The circumstances, however, for the requested variances aredue to the property owner’s own action.While, physical shape, width and depth of these lots do not present any situation unique of the property concerned,the applicant’s variance requestsappear to meet the spirit of the Ordinances. While recognizing the grounds for the request associated with the property, the Board could consider: 12-93000009 1.Variance Request # Granting the variance and allow a reduction of 1’ onthe rear building setback line. Denying the variance thereby denying constructionof the building encroaching upon the rear buildingsetback. 12-930000010 2.Variance Request # Granting the variance and allow a reduction of 1’ on the rear building setback line. Denying the variance thereby denying constructionof the building encroaching upon therear buildingsetbackline. Board of Adjustment January 10, 2013 Page 4 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. LAKES AT FAIRMONT GREENS, SEC. 1 711 FAIRWAY DRIVE LOT 69, BLOCK 2 615 FAIRWAY DRIVE LOT 72, BLOCK 2 BAY FOREST GOLF COURSE EXHIBIT "A" BAYSHORE ELEMENTARY AREA MAP 1 inch = 300 feet