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Home My WebLink About08-22-13 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 August22, 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 June27, 2013, meeting minutes. 3.A public hearing will be held to consider Variance Request #13-93000004for the property located at 1212Robinson Road, further described as Lot6, TRS 5A & 7A, Block 2,Coronet Park, Section 1,Enoch Brinson Survey, Abstract No.5, La Porte, Harris County, Texas. The applicant seeks a variance to allow a fence to be constructedin the front yard areacontraryto 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 City’s Code of Ordinances. A.Staff Presentation B.Proponents C.Opponents D.Proponents Rebuttal 4.A public hearing will be held to consider Special Exception#13-94000001for the property nd located at 124 South 2Street, further described as Lots 17-21, Block 39, Town of La Porte, Johnson Hunter Survey, Abstract 35, La Porte, Harris County, Texas. The applicant seeksa special exception to allow a driveway to be located 22 feet from the intersection of West ‘A’ nd Street in lieu of the 40-foot minimum distance requirement from Street and South 2 intersections. The special exceptionis being sought under the terms of Section 106-191(b) (3) of the City’s Code of Ordinances. A.Staff Presentation B.Proponents C.Opponents D.Proponents Rebuttal 5.Administrative Reports 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 August22, 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. MINUTES Zoning Board of Adjustment Minutes of June 27, 2013 Board Members Present: George Maltsberger, Chester Pool, Charles Schoppe, and Sherman Moore (Alt 2) Board Members Absent: T.J. Walker, Rod Rothermel, 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 6:02 p.m. 2. Consider approval of the May 23, 2013, meeting minutes. Motion by Sherman Moore to approve the May 23, 2013, meeting minutes. Second by Chairman Maltsberger. Motion carried. Ayes: George Maltsberger, Chester Pool, Charles Schoppe, and Sherman Moore (Alt 2) Nays: None 3.A public hearing will be held to consider Variance Request #13-93000002 for the property located at 1801 West “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 106-797 of the Code of Ordinances. This request is being sought under the terms of Section 106-192 (b) (2) of the Code of Ordinances. Chairman Maltsberger opened the public hearing at 6:03 p.m. A.Staff Presentation City Planner Masood Malik presented the staff report for Variance Request #13-93000002. The applicant, Oakland Land & Development, LLC (represented by Bill Campbell) is seeking approval of a variance to allow a new fence that was constructed within the front yard setback to remain in place at 1801 W. Main Street. Public hearing notices were mailed to three property owners located within 200’ of the subject tract. The City received one response in favor of granting the variance. B.Proponents Bill Campbell was sworn in by Chairman Maltsberger. Mr. Campbell, ACW Engineering and Construction, 1404 N. Sam Houston Pkwy. East, Ste. 140, acting as agent for the owner, addressed the Board. Mr. Campbell spoke about security concerns for unfenced property and equipment located on a dimly lit dead-end street. He also spoke about the effects of Zoning Board of Adjustment Minutes of June 27, 2013 Page 2 of 2 surrounding property uses. Mr. Campbell provided examples of numerous fence locations throughout the City with similar situations. C.Opponents There were no opponents. D.Proponents Rebuttal There were no rebuttals. Motion by Sherman Moore to approve Variance Request #13-93000002 to allow a fence erected in the front yard setback to remain in place at 1801 West “M” Street. Second by Charles Schoppe. Motion carried. Ayes: George Maltsberger, Chester Pool, Charles Schoppe, 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 comments from the Board. 6. Adjourn Chairman Maltsberger adjourned the meeting. Respectfully submitted, Peggy Lee Secretary, Zoning Board of Adjustment Passed and Approved on , 2013. George Maltsberger Chairman, Zoning Board of Adjustment VARIANCEREQUEST # 13-93000004 1212Robinson Road EXHIBITS: STAFF REPORT APPLICATION FOR VARIANCE EXHIBIT A –AREA MAP EXHIBIT B–PLOTPLAN EXHIBIT C-SECTION 106-791, CODE OF ORDINANCES EXHIBIT D–PUBLIC NOTICE RESPONSE Staff ReportAugust22, 2013 VarianceRequest #13-93000004 Requested by :Manuel and Glenda Castillo(Property Owners) Requested for :Aproperty line fence to be constructed within the front yard area Legal Description: 0.4849 AcreTract, Lot6, TRS 5A & 7A, Block 2,Coronet Park, Section 1, Enoch Brinson Survey, Abstract 5, La Porte, Harris County, Texas Location :1212RobinsonRoad Zoning: Large LotResidential (LL) Background :Applicants arerequesting a varianceto allowa fence to be constructedon the property line in thefront yard areaof the house under construction at 1212 Robinson Road.The applicantstatedthat front yard fencesexiston the neighboring properties to the north,south, and other parts of Lomaxarea. If allowed, it would be compatible with adjoining properties. In addition, fence is required from safety and security point of view as well. HCAD record shows land area as 20,909 square feet with no improvement/building at this property. The applicants submitted building plans for permitting onNovember 11, 2012. The house is under construction at this time. Estimated completion date is September 2013. Attached plot plan/survey shows proposed fence along front property line and existing concrete drive to be removed along Robinson Road. Lomax area was consolidated with the City of La Portein 1981.Due to large tracts/parcels and pastures, property line fences are common in this rural/urban area. However,the City’s Code of Ordinancesprohibits a fence placedwithin the front yard setback in the all zoning districts except large lot residential (greater than 1 acre) and lots directly adjacent to Galveston Bay. Staff analyzed the surrounding area and based upon site inspections and the pictures taken by the staff, the following isnoted: As seen in thephotos, the existing block containing the residences has existing fences in the front yard area(Photos to be presented at the meeting). The proposedfence would be in linewith the fence of the adjacent property owners. Board of Adjustment August 22, 2013 Page 2of 3 The standard front yard setback requirement in residential zones forsingle family detached dwellingsis 25’. Per Section 106-791 of the Code of Ordinances, no fence, structure, grading, or barrier hedges shall be permitted within any front yard areas except in the case of large lot residential lot with one or over acre. 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 fence as “…the manmade structural barrier erected on or around a piece of property.” Except as otherwise prohibited, the board is empowered to authorize a variance from a requirement when the board finds thatall of the following conditions have been met. That the granting of the variancewill 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 constructionof a fence in the front yardsetback. In determining if granting the applicant’s request would be contrary to the public interest, Staff recognizes that the development of the fence at the property may not create a problem with adjoining properties. A survey of surrounding properties shows that this non-compliance with the ordinance is typical to the area. Board of Adjustment August 22, 2013 Page 3of 3 The issues to consider are impact on neighboring propertyand the best public interest. In this case, it appears that the fence will serve to provide a uniform setback of adjacent propertiesand should not be injuriousto the public.The applicants wishto constructthe fence by obtaining a City building permit; however, staff is unable to issue a permit based on the conflict with the zoning regulations. In reviewing the specific grounds forgranting 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.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 question.” Security and safety of the propertymay be considered in this regard. The Zoning Board of Adjustment’s final consideration iswhether granting thisrequestobserves the spirit of the ordinance. Based on the facts noted in this report, the applicant’s request may be contrary with the spirit of the ordinance, and may not compromisethe 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 fenceto be constructedon the property linein the front yard setback. Denying the variance thereby denying placement of the fence in the front yard setback. 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 ofAdjustment. VARIANCE REQUEST #13-93000003 1212 ROBINSON RD. 1 inch = 100 feet 1201 1200 1205 1204 1209 1208 SUBJECT PROPERTY 1213 0 10711 1217 10801 1221 10715 10731 10735 N P ST 10706107181072610732 1080610818 PREPARED BY CLP GIS DIVISION SPECIAL EXCEPTION #13-94000001 nd 124South 2Street EXHIBITS: STAFF REPORT APPLICATION EXHIBIT A–AREA MAP EXHIBIT B–SITE PLAN EXHIBIT C-CODE OF ORDINANCES, SECTION 106-835, DESIGN STANDARDS EXHIBIT D–PUBLIC NOTICE RESPONSE Staff ReportAugust22, 2013 Fire Station No.1(Parking) Special Exception Request #13-94000001 Requested by :City of La Porte c/o Reagan McPhail –Public Improvements Coordinator Requested for :A reduced driveway distance from an intersection nd Location :124South 2Street (Block 39; Lots17-21;Town of La Porte) Zoning: Main Street District(MSD) Background :The City of La Porte has recently completed buildinga new Fire Station No. rd 1along withadministrative offices at 125 South 3Street. An old building nd ofFire StationNo.1 waslocated along West ‘A’ and South 2Street, which has been demolished to construct a parking lot.Parking lot will serve personnel and patrons of the Fire Department. In addition, it will beserved as a visitor parking during the Main Streetevents. The subject site consists of five regular lots with 25’x125’size equal 15,625 square feet (0.36 acre) of area at the intersection West ‘A’ Street and South nd 2Street. Proposed parking layout shows diagonal parking with two nd driveways along South 2Street. South driveway is proposed to be located nd at 22 feet from an intersection of West ‘A’ Street and South 2Street in lieu of the 40-foot minimum distance requirement from intersections. Intent of this proposed layout is to align the driveways with the bays of the fire station and to maximize the number of parking spaces. The City is committed to provide the best possible services toits citizen.To move forward with thispublic improvementsproject, the City is requesting special exceptionsto allow a driveway to be located 22 feet from the nd intersection of West ‘A’ Street and South 2Street in lieu of the 40-foot minimum distance from intersection. Analysis :The Code of Ordinances defines a special exception as a specified enumerated deviation from zoning regulations. The Board is empowered to grant a special exception when it finds the following: Granting the exception will not adversely affect the value, or use of neighboring property. Granting the exception will not be contrary to the best public interest. Board of Adjustment August 22, 2013 SE# 13-94000001 Page 2of 2 The applicant’s request is based on Section 106-835, Design Standards (Figure 10-3),see copy attached. Conclusion :The Board is charged with deciding whether the applicant’s request for a reduced driveway distance from an intersectionis“reasonable” and that grantingthe special exception will not adversely affect the value and use of adjacent or neighboring property, or be contrary to the public’s best interest. The Board may consider: Approving Special Exceptionand allow a driveway to be located 22 feet nd from the intersection of West ‘A’ Street and South 2Street in lieu of the 40-foot minimum distance requirement from intersections. Denying Special Exception to comply with the provisions of the Zoning Ordinance (Chapter 106 of the Code of 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. SPECIAL EXCEPTION #13-94000001 124 S. SECOND ST. 1 inch = 100 feet 3308306 18228 212 324304 406402 ST IN MA W 321 315301 409 217 207 111 108 109 114 113 120 SUBJECT PROPERTY 122 115 116 125 119 118 0 123 W A S T 204201 209 202 206 208 211 216 210 213 215 218 220 214 219 222 PREPARED BY CLP GIS DIVISION