HomeMy WebLinkAbout06-27-13 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
June27, 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 May23, 2013, meeting minutes.
3.A Public Hearing will be held to consider Variance Request#13-93000002for the property
located at 1801West ‘M’Street, further described as TRS 3 & A,Block 1176,Town of La
Porte, Johnson Hunter Survey, Abstract No.35, La Porte, Harris County, Texas. The
applicant seeks a variance to allow a fence erected in the front yard setback to remain in place
contrary to the provisions of Section 106-797of the Code of Ordinances.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,
noaction 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 hoursprior to the meetings. Please contact Patrice Fogarty, City Secretary, at
281.470.5019.
CERTIFICATION
I certify that a copy of the June27, 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.
MINUTES
Zoning Board of Adjustment
Minutes of May 23, 2013
Board Members Present: George Maltsberger, T.J. Walker, Rod Rothermel, and Sherman Moore
(Alt 2)
Board Members Absent: Chester Pool, Charles Schoppe, Lawrence McNeal (Alt 1)
City Staff Present: City Planner Masood Malik, Assistant City Attorney Clark Askins, and
Office Coordinator Peggy Lee
1.Call to Order.
Chairman Maltsberger called the meeting to order at 6:05 p.m.
2. Consider approval of the March 28, 2013, meeting minutes.
Sherman Moore suggested a correction under Item 3, changing replacement value to
appraised value, which would better reflect what was presented by staff during the meeting.
Motion by Rod Rothermel to approve the March 28, 2013, meeting minutes with a correction to
the third sentence under Item 3.A. by changing the word replacement to appraised as
follows:
The City has determined that the primary structure is substandard and the
into lawful compliance will exceed 50% of the appraised cost of such structure.
Second by Sherman Moore. Motion carried.
Ayes: George Maltsberger, T.J. Walker, Rod Rothermel, and Sherman Moore (Alt 2)
Nays: None
3.A public hearing will be held to consider Variance Request #13-93000001 for the property
located at 307 South Iowa Street, further described as Lots 10, 11, south ½ of Lot 9,
½ of Lot 12, Block 216, Town of La Porte, Johnson Hunter Survey,
Harris County, Texas. The applicant seeks a variance to allow cport
encroaching two feet (2) into the required side yard setback.
under the terms of Section 106-192 (b) (2) of the Citys Code of Ordinances.
A.Staff Presentation
City Planner Masood Malik presented the staff report for Variance Request #13-93000001.
The applicant, James (Fred) Beck, is requesting a variance to al
encroaching two feet into the required side yard setback at 307
Zoning Board of Adjustment
Minutes of May 23, 2013
Page 2 of 3
Public hearing notices were mailed to 23 property owners located within 200 of the subject
tract. The City received four responses to the mail out, all in
B.Proponents
The applicant, Fred Beck of 307 South Iowa, was sworn in by Chairman Maltsberger. Mr.
Beck has plans to construct a commercial grade carport for his large Chevrolet Silverado
pick-up. His home was built in 1945 with a garage that is not large enough to house the
pick-up. As an employee of the City of Deer Park Planning & Development D, he
understands the Citys position in needing to follow the rules. In speaking with his
neighbors, none have expressed objection to the carport.
C.Opponents
There were no opponents.
D.Proponents Rebuttal
There were no rebuttals.
Motion by T.J. Walker to approve Variance Request #13-93000001 to allow construction of a
carport encroaching two feet (2) into the required side yard se
Second by Rod Rothermel. Motion carried.
Ayes: George Maltsberger, T.J. Walker, 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
Mr. Malik reported progress on home construction in the Lakes at Fairmont Greens subdivision
and the possibility of soon having a builder for the Retreat at Bayforest North subdivision
located along S. Broadway.
5. Board comments on matters appearing on agenda or inquiry of staff regarding spe
information or existing policy.
Sherman Moore inquired about recent activity at Spencer Highway/Main @ SH 146. Mr. Malik
was unaware of any plans.
6. Adjourn
Chairman Maltsberger adjourned the meeting at 6:17 p.m.
Zoning Board of Adjustment
Minutes of May 23, 2013
Page 3 of 3
Respectfully submitted,
Peggy Lee
Secretary, Zoning Board of Adjustment
Passed and Approved on _____________________, 2013.
George Maltsberger
Chairman, Zoning Board of Adjustment
VARIANCEREQUEST
# 13-93000002
FOR
1801WEST‘M’STREET
EXHIBITS:
STAFF REPORT
APPLICATION FOR VARIANCE
EXHIBIT A –AREA MAP
EXHIBIT B–SITE PLAN
EXHIBIT C–SECTION 106-797, CODE OF ORDINANCES
Staff Report June27, 2013
VarianceRequest # 13-93000002
Requested by
:Oakland Land & Development, LLC(represented by Bill Campbell)
Requested for
:A perimeter fence constructed withinthe front yard setback
Location
:1801West MStreet,TRS 3 & A, Block 1176; Town of La Porte, Johnson
Hunter Survey, Abstract 35, La Porte, Harris County, Texas.
Zoning:
Light Industrial(LI)
Background
:Applicantisrequesting a varianceto allowanewly constructed fence within
thefront yard setbackto remain in place.Total developed site area of the
subject tract is130,400square feetwith a lay down yard and storage facility.
The property is zoned Light Industrial(LI) and the City’s Code of
Ordinances prohibita fence being erected within the required frontyard
setback ofanycommercial or industrial zoning districts.
Lastyear, the City approved a development site plan foraproposed storage
yard for Oakland Land and Development Co. The development site plan
shows a130,400 sq.ft.of improved area to be used as a storage yardto the
th
west of an office/warehouse located at 1410 South 16Street. Landscaping
is shown along front (West M Street) and side property lines.The building
setbacks in LIzone are Front 20’,Rear 10’, and Sides10’.During the
planning process,the applicantproposesafence for this property, which is
shown at 20’ setback from the front property line.
Thisvariance request is fora waiver ofthe standard front yard setback
requirement in order to allowa fence constructed onthe front property line
along West M Street.According to the applicant, afront yard fence was
built in confusion as the property pins were difficult to locate. In addition, it
was placed in line with the adjacent property to the east. It further adds that
there is no building on premises so it leaves approximately 6,000 sq.ft. of
space unusable and unsecured by the occupant/tenant. A fence is desired for
security and safety reasonsas well.
The City’s Code of Ordinances, Section 106-797(2), prohibits a fence being
erected within the required 20’ front yard setback in the commercial and
industrial zoning districts.
Staff analyzed the surrounding area and based upon site inspections, the
following considerations are noted:
th
Astorage/warehouse building at 200S.16Street hasan existing
th
fence along S.17Street.
Zoning Board of Adjustment
June 27, 2013
Page 2of 3
th
The property at 123South17Streethas a chain link fence within
the front yard setback.
Analysis
:Section 106-192(b)(1), ofthe 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 fence as “…amanmade structural barrier erected on or
around a piece of propertyor any portion thereof.”
Except as otherwise prohibited, the Board is empowered to authorize a
variance from a requirement when theBoard finds thatall 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.
Regarding this request, the relief being sought to:
Allow a newly constructedfence at the property line within thefront
yard setback.
In determining if granting the applicant’s request would be contrary to the
public interest, Staff recognizes that development of the fence at the property
line may not create a problem with adjoining properties, as most of the
th
public front of this property is along North 16Street.
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 exceptional narrowness, shallowness, shape topography, or other
extraordinaryor exceptional physical situation uniqueto the property in
Zoning Board of Adjustment
June 27, 2013
Page 3of 3
question.” Security of the property and safe operation of the facility,
however, 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. Based on the facts noted in
this report, the applicant’s request appears tobe contrary with the spirit of
the ordinance.
Conclusion
:
The Board may consider:
Granting the variance and allowing the fence to remainon the
property line in the front yard setbackwith the stipulation that a City
permit is obtained at double the normal fee as allowed by the
building code for non-permitted work.
Denying the variance thereby causing removalof the front yard
fence.
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.
1901
AREA MAP
2308
1920
1506
1502
1501
16011509
1201
PROPERTY LOCATION
(1801 W. "M" ST.)
1802
1300
0
1410
1500
1701
1606
1 inch = 300 feet