HomeMy WebLinkAbout11-12-13 Zoning Board of Adjustment Meeting
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
November12, 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.Elect a Chairman
3.Consider approval of September26, 2013, meeting minutes.
4.A public hearing will be held to consider Variance Request #13-93000006for the property
located at 2322 Eagle Lane,further described as Lot 53, Block 2, Lakes at Fairmont Greens,
Section 1, W. P. Harris Survey, Abstract 30, La Porte, Harris County, Texas. The applicantseeks
a variance to allow 3.8 feet encroachment intothe rear 15’ building setback line, which is
prohibited by 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.Applicant Presentation
C.Public Comments
D.Question and Answer
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 November12, 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 September 26, 2013
Board Members Present: Rod Rothermel, Chester Pool, Charles Schoppe, T.J. Walker, Sherman
Moore, and Nettie Warren (Alt 1)
Board Members Absent: Lawrence McNeal (Alt 2)
City Staff Present: City Planner Masood Malik, Assistant City Attorney Clark Askins, and
Office Coordinator Peggy Lee
1.Call to Order.
Vice-Chairman Rod Rothermel called the meeting to order at 6:00 p.m.
2. Consider approval of the August 22, 2013, meeting minutes.
With no objection presented, the August 22, 2013, minutes were approved as presented.
3.A public hearing will be held to consider Variance Request #13-93000005 for property located
along Canada Road, further described as TRS 692C, 693B, 706 and 707, La Porte Outlots, as
recorded in Volume 83, Page 344, of the Deed Records of Harris County, William M. Jones
Survey, Abstract 482, La Porte, Harris County, Texas. The applicant, Mariposa Pecan Park, L.P.,
seeks a variance to reduce the off-street parking requirement for proposed “Mariposa at
Pecan Park” along Canada Road. The variance is being sought under the terms of Section 106-
192 (b) (2) (b) of the Code of Ordinances.
A.Staff Presentation
City Planner Masood Malik presented the staff report for Variance Request #13-93000005.
The applicant is requesting a reduction in the number of parking spaces required for a
proposed 180-unit apartment complex for adults 55 years and older to be located along
Canada Road. The applicant is requesting approval to provide 1.3 parking spaces per unit;
staff is recommending 1.4 parking spaces per unit. Mr. Malik provided examples of the
number of parking spaces allowed at other senior facilities in La Porte and in surrounding
cities.
Public hearing notices were mailed to 21 property owners located within 200’ of the subject
tract. The City received two responses in favor of the variance, one of which was from the
Pecan Crossing Homeowners’ Association.
B.Proponents
Casey Bump, 901 Red River Apt. 1310, Austin, TX, was sworn in by Vice-Chairman
Rothermel. Mr. Bump provided Board Members with a brochure about the company he
represents - Bonner Carrington, who will own, maintain, and operate the apartments. Mr.
Bump provided a brief summary of his request.
C.Opponents
There were no opponents.
Zoning Board of Adjustment
Minutes of September 26, 2013
Page 2 of 2
D.Proponents Rebuttal
There were no rebuttals.
Motion by Sherman Moore to approve Variance Request #13-93000005, reducing the number of
required off-street parking spaces to 1.3 parking spaces per unit for proposed Mariposa at Pecan
Park along Canada Road. Second by Chester Pool. Motion carried.
Ayes: Rod Rothermel, Chester Pool, Charles Schoppe, T.J. Walker, 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.
4.Administrative Reports
Mr. Malik reported on the following proposed developments:
Lakes at Fairmont Greens - approximately 60% complete
Retreat at Bay Forest North – construction underway
75-lot residential subdivision west of Sens Road and north of Spencer Highway is being
proposed
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
Motion by Chester Pool to adjourn the meeting. Second by T.J. Walker. The meeting was
adjourned at 6:35 p.m.
Respectfully submitted,
Peggy Lee
Secretary, Zoning Board of Adjustment
Passed and Approved on , 2013.
Rod Rothermel
Vice-Chairman, Zoning Board of Adjustment
VARIANCEREQUEST
# 13-93000006
2322Eagle Lane
EXHIBITS:
STAFF REPORT
APPLICATION FOR VARIANCE
EXHIBIT A –AREA MAP
EXHIBIT B–PLOTPLAN
EXHIBIT C-SECTION 106-333, CODE OF ORDINANCES
EXHIBIT D–PUBLIC NOTICERESPONSE
(nonereceived)
Staff ReportNovember12, 2013
Variance Request
#13-93000006
Requested by
:D.R. Horton (Builder)c/o Lori Evans
Requested for
:Waiver of 3.8’ from the City’s rearbuilding setbackrequirementof 15’on
Lot 53,Block 2, Lakes at Fairmont Greens, Section 1.
Location
:Lakes at Fairmont Greens, Section 1, Lot53, 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 westof the Bay Forest Golf Course. Under the terms of
Development 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 Ordinances, Section 106-333, Table
B, residential area requirements of the City.
The builder, D. R. Horton, began construction last year on ten lots inthe
subdivision.A model home was completed in September, 2012, and
subsequently more lots were added to the inventory. Nearly, 65% of the
subdivision is built-out.
The homeowner of lot 53 has selected Plan No. W464.The subject lot
specificationsareas 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
November12, 2013
Page 2
The homeownerintends to build a house, whichrequires a buildable area
78.8’
depth of to accommodate bay window in the master bedroom. Using
the City’s setback standards for the rear building line, the submitted plan
doesnot meet the requirements. Staff discussedthe following options with
the 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 setback.
Citing Section 106-192 B (2) b, the applicant is seeking a variance to reduce
the required rear setbackfrom15’to 11.2’.
Theapplicanthas stated that reducing the rearbuilding setback will allow
the builder to honor the executedsalescontract with the prospective buyer
andsubsequentlyimprove salesof the remainder of lotsin 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 ofthe 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
November12, 2013
Page 3
The Board is charged with decidingif the applicant’s request to have rear
building setbacks at 11.2’ instead of 15’ per Code of Ordinancesis
reasonableand whether all of the aboveconditions 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.
Conclusion
:Variance Requestseeksreduction of 3.8’rearbuilding setback for Lots 53,
Block 2,Lakes at Fairmont Greens, Section 1, contrary to the City’s Code of
Ordinances. The circumstances, however, for the requested varianceisdue
to the property owner’s own action.Physical shape, width and depth of these
lots do not present any situation unique to the property. The applicant’s
variance request does not appear to meet the spirit of the Zoning Ordinance.
The Board mayconsider:
Granting the variance and allow a reduction of 3.8’ on the rear building
setback line.
Denying the variance thereby denying constructionof the building
encroaching upon the rear buildingsetback.
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.
VARIANCE REQUEST #13-93000006
1 inch = 300 feet
LOT 53, BLOCK 2
LAKES AT FAIRMONT GREENS
SECTION ONE
D
MC CABE R