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Home My WebLink About05-23-13 Zoning Board of Adjustment Meeting 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 May23, 20136:00 , 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 March28, 2013, meeting minutes. 3.A Public Hearing will be held to consider Variance Request#13-93000001 for the property located at 307 South IowaStreet, further described as Lots 10, 11, south ½ of Lot 9, and north ½ of Lot 12,Block 216,Town of La Porte, Johnson Hunter Survey, Abstract No.35, La Porte, Harris County, Texas. The applicant seeks a variance to allow construction of a carport encroaching two feet (2’) into the required side yard setback.This requestis 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 ofthe May23, 2013, agenda of item to 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 March 28, 2013 Board Members Present: George Maltsberger, Chester Pool, Charles Schoppe, Rod Rothermel, and Sherman Moore (Alt 2) Board Members Absent: T.J. Walker, Lawrence McNeal (Alt 1) City Staff Present: Planning Director Tim Tietjens, City Planner Masood Malik, Deputy Building Official Mark Huber, Assistant City Attorney Clark Askins, and Office Coordinator Peggy Lee 1.Call to Order. Chairman Maltsberger called the meeting to order at 6:02 p.m. 2. Consider approval of the January 10, 2013, meeting minutes. Motion by Rod Rothermel to approve the January 10, 2013, meeting minutes. Second by Charles Schoppe. Motion carried. Ayes: George Maltsberger, Chester Pool, Charles Schoppe, Rod Rothermel, and Sherman Moore (Alt 2) Nays: None 3.Consider Appeal of the Enforcement Officers Decision #13-95000001 for the property located at 500 West Main, further described as Lots 21-23, Block 56, Town of La Porte, Johnson Hunter Survey, Abstract No. 35, La Porte, Harris County, Texas. The applicant appeals the enforcement officers decision to deny a permit for Obsolescence of which exceed 50% of replacement cost of the structure. This the terms of Section 106-89 (3) of the Citys Code of Ordinances. A.Staff Presentation City Planner Masood Malik presented the staff report for Appeal of the Enforcement Officers Decision #13-95000001. The applicant, Gilbert Diaz, is appealing the enforcement officers decision to deny a permit for remodeling the primary structure located at 500 West Main. The City has determined that the primary structure is substandar bringing it into lawful compliance will exceed 50% of the replac Mr. Malik showed photos of the interior and exterior of the building several years ago. A City Council public hearing for possible action to declare the subject structure a dangerous building has been continued to a later date to allow the Zoning Board of Adjustment an opportunity to rule on the Appeal request. The Board questioned the use of appraisal value when dealing with replacement cost. Zoning Board of Adjustment Minutes of March 28, 2013 Page 2 of 3 B.Proponents J.B. Williamson, attorney for the applicant, was sworn in by Chai Mr. Williamson stated the City does not have the authority to declare a buildinby using HCAD value; rather replacement value should be used. Bill Manning, with Manning Engineering, was hired by Mr. Diaz to perform an evaluation of tg. Mr. Manning has prepared an estimate of repair to bring the building up to code and the cost to repair the building is determined to be less than 50% of the replacement cost. Mr. Williamson deferred questions from the Board relating to rept to Bill Manning of Manning Engineering. nd William T. Manning, Jr., Manning Engineering, 108 S. 2 St., was sworn in by Chairman Maltsberger. The Board discussed with Mr. Manning, the plans for renovation and associated costs. Mr. Manning stated the replacement value would be close to $90-$100 SF. The building could be renovated for around $50,000. The front p be renovated and brought up to code for $20,000-$25,000. C.Opponents There were no opponents. D.Proponents Rebuttal There were no rebuttals. Motion by Sherman Moore to overturn the Enforcement Officers decision to deny a permit for Obsolescence of Structure located at 500 West Main, with the agreement that the building, when completed, will comply with current code requirements, and the encroaching outbuilding (accessory structure) will be demolished. Second by Rod Rothermel. Motion carried. Ayes: George Maltsberger, Chester Pool, Charles Schoppe, Rod Rothermel, and Sherman Moore (Alt 2) Nays: None Assistant City Attorney Clark Askins read from Section 106-196 of the Code of Ordinances: Appeals from the Board of Adjustment. 4.Administrative Reports There were no administrative reports. 5. Board comments on matters appearing on agenda or inquiry of staff regarding specific factual information or existing policy. There were no Board comments. Zoning Board of Adjustment Minutes of March 28, 2013 Page 3 of 3 6. Adjourn Chairman Maltsberger adjourned the meeting at 7:03 p.m. Respectfully submitted, Peggy Lee Secretary, Zoning Board of Adjustment Passed and Approved on _____________________, 2013. George Maltsberger Chairman, Zoning Board of Adjustment VARIANCEREQUEST # 13-93000001 FOR 307 SOUTH IOWA STREET EXHIBITS: STAFF REPORT APPLICATION FOR VARIANCE EXHIBIT A –AREA MAP EXHIBIT B–SURVEY MAP EXHIBIT C–SITE PLAN EXHIBIT D -SECTION 106-771(4), CODE OF ORDINANCES EXHIBIT E–PUBLIC NOTICE RESPONSE Staff ReportMay23, 2013 Variance Request #13-93000001 Requested by :James F. Beck(Property Owner) Requested for :Reduction of side building line from 5’ to 3’ for the construction of a carport. Legal Description: Lots 10 & 11, and south ½ of lot 9& north ½ of lot 12, Block 216, Town of La Porte, Johnson Hunter Survey, Abstract No. 35, La Porte, Harris County, Texas. Location :307 S. IowaStreet Zoning: Low Density Residential (R-1) Background :Per the Harris County Appraisal District (HCAD) record,this single-familydwellingwas built in 1942with land area of 9,375S. F. The primary residencewith one story wood frame equals 944S. F. Aone story wood garagein the backwasbuilt with the house. Applicant intends tobuild a 15.5’x41’ (636 s.f.) carport to the west side of the primary residencealong with a 20’x55’ concrete driveway. Per Section 106-771(4)of the City’s Code of Ordinances, the front and side yard carports arepermitted for single-family detached houses subject to the following requirements: five feet a.Carports in a required front or side yard shall not be located closer than from side property line any front or . b.Carports located on corner lots shall not be located closer than twenty-five feet an intersection. c.The maximum width of a carport located in a required front or side yard shall be twenty-five feet. Per this request,acarport beconstructed threefeet offthe side property line in violation of the above referenced section of the ordinance.The applicantrequests to allow the carportto be built 3’ off the west side property line in lieu of 5’ as permitted by the ordinance. Analysis :Section 106-192(b)(1), in 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. Section 106-1 defines carportas “…a roofed structure, freestanding or attached to another structure designed to provide covered parking for vehicles, with no enclosing walls, and must be located directly over a driveway.” Zoning Board of Adjustment #13-93000001 Page 2of 3 Except as otherwise prohibited, the board is empowered to authorize a variance from a allof the following conditions have been met. requirement when the board finds that That the granting of the variance will not be contrary to the best public interest. That literal enforcement of the chapter will result in unnecessaryhardship 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. In determining if granting the applicant’s request would be contrary to the public interest, Staff recognizes that the development of the carportmay create a visual obstruction issue withthe adjoining properties. In viewing the specific grounds for granting a variance, Staff points out that the condition, as it exists, was the “…result of the applicant or property owner’s own actions…” contrary to the provisions of Section 106-192. We also find no grounds to justify “…unnecessary hardship because of exceptional narrowness, shallowness, shape extraordinaryunique topography, or other or exceptional physical situation to the property in question.” This lot represents a typical example of property within subdivisions throughout the City. The average dimension for the width of a car or pickup truck is approximately6’. A 10’to12’ wide driveway is common in the area and easily accommodates parking for a car or pickup truck. If the applicant maintains the required side yard setback of 5feet,the proposed carport will be13.5’ wide and will adequately accommodate the vehicle’s width. Based on the facts noted in this report, the applicant’s request to encroach 2’ into the required side yard setback would appear to be contrary with the spirit of the ordinance, by allowing carport within3’setback from the side property lineis not justified. Conclusion : Variance Request #13-93000001 is to allow for 3’ side setbackin lieu of 5’ side building lineof a standard lotis contrary to the provisions established by Section 106-771(4) of the Code of Ordinances.In addition, the parameters forthe requested variance do not appear to meet the provisionsestablished by Section 106-192(variances). While recognizing the circumstances associated with the property, the Board could consider: Zoning Board of Adjustment #13-93000001 Page 3of 3 variance granted Allowing the carport to be built with 3’ side setback line -(). Allowing the owner to redesignthe carport to be in compliance with the City (variance denied). ordinances 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 - 307 S. IOWA ST. LOCATION OF PROPERTY 1 inch = 100 feet