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HomeMy WebLinkAbout12-13-16 Regular Called Zoning Board of Adjustment Meeting City of La Porte Planning and Development Department Established 1892 City of La Porte Zoning Board of Adjustment Agenda Notice is hereby given of a Special Meeting of the La Porte Zoning Board of Adjustment to be held on Tuesday, December 13, 2016, at 6:00 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. Roll call of members. 3. Consider approval of meeting minutes: August 25, 2016. 4. A public hearing to consider Variance Request 16-93000011, a request by George Lowery for the tract of land located at 2602 W. Main, legally described as Lots 21-30 & Tracts 1-10 & 12-20 Block 707 & Abandoned Alley and Tract A Town of La Porte Subdivision. The applicant is seeking approval of a variance that would allow him to build a 292.24 square foot sign. This is contrary to the provisions of Section 106-874 (a)(3)(b)(1), which caps the size of freestanding on-premises signs in a General Commercial zone at 150 square feet. a. Staff Presentation b. Applicant Presentation c. Public Comments d. Question and Answer 5. A public hearing to receive public input on Variance Request 16-93000012, a request by Donna Eckels for the tract of land located at 402 W. E Street, legally described as Lots 30, 31 & 32, Block 129 Town of La Porte Subdivision. The applicant is seeking approval of a variance that would allow her client to replat one lot (East) to be 5,625 square feet and the other (West) to be 3,750 square feet in size. Both of these lot sizes are contrary to the provisions of Section 106-333 (a), which requires single family detached lots to be a minimum of 6,000 square feet in size. a. Staff Presentation b. Applicant Presentation c. Public Comments d. Question and Answer 6. A public hearing to receive public input on Variance Request 16-93000013, a request by Jose Gonzalez for the tract of land located at 324 W. Main Street, legally described as Lots 11, & 12 Block 58 Town of La Porte Subdivision. The applicant is seeking approval of a variance that would allow his client to place a freestanding sign in the Main Street District that is 50 square feet in size, and is 24 feet in height for an existing building that is not setback. This is contrary to Section 106-874 (a)(4)(c) which requires that new freestanding signs can only be used when the building is setback and cannot exceed 24 square feet in size or 14 feet in height. a. Staff Presentation b. Applicant Presentation c. Public Comments d. Question and Answer 7. A public hearing to receive public input on Variance Request 16-93000014, a request by Charles Pfeiffer for the tract of land located at 202 ½ N. 16th St., legally described as Block 686,Lots 1-16&17- th 32 & Abandoned E ½ N. 14 St, Town of La Porte Subdivision. The applicant is seeking approval of a variance that would allow him to forego installation of planters in a parking area; contrary to the provisions of Section 106-800 (c)(1)(c), which requires a minimum ratio of one planter for every ten parking spaces. City of La Porte 604 W. Fairmont Parkway Phone: (281) 471-5020 Planning and Development La Porte, TX 77571-6215 Fax: (281) 470-5005 www.laportetx.gov ZBOA Agenda - December 13, 2016 Special Meeting Page 2 a. Staff Presentation b. Applicant Presentation c. Public Comments d. Question and Answer 8. A public hearing to receive public input on Special Exception Request 16-93000001, a request by Mark Hutfless for the tract of land located at 201 N. 18th Street, legally described as Lots 17-32 and -16 Block 691 Town of La Porte Subdivision. The applicant is seeking approval of a special exception that would allow his company (Imreys) to expand a preexisting non-conforming use. a. Staff Presentation b. Applicant Presentation c. Public Comments d. Question and Answer 9. A public hearing to receive public input on Special Exception Request 16-93000002, a request by Wayne Vinson for the tract of land located at 801 N. 16th Street, legally described as Tracts A & 1A of Block 1 Nebraska Syndicate. The applicant is seeking approval of a special exception that would allow his company (Lhoist) to expand a preexisting non-conforming use. a. Staff Presentation b. Applicant Presentation c. Public Comments d. Question and Answer 10. A public hearing to receive public input on Special Exception Request 16-94000003, a request by Charles Anders for the tract of land legally described as Lot 1 of Block 15 Sylvan Beach Subdivision. The applicant is seeking approval of a special exception that would allow his company to build a -of-ways. a. Staff Presentation b. Applicant Presentation c. Public Comments d. Question and Answer 11. Administrative reports. 12. Board comments on matter appearing on the agenda or inquiry of staff regarding specific factual information or existing policy. 13. Adjourn. A quorum of City Council members may be present and participate in discussions during this meeting. However, no action will be taken by the 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 Tuesday, December 13, 2016, agenda of items to be considered by the Zoning Board of Adjustment was posted on the City Hall bulletin board on the ___ day of ________________, 2016. Title: City of La Porte 604 W. Fairmont Parkway Phone: (281) 471-5020 Planning and Development La Porte, TX 77571-6215 Fax: (281) 470-5005 www.laportetx.gov Zoning Board of Adjustment Minutes of August 25, 2016 Board Members Present: Rod Rothermel, Dennis Oian, Nettie Warren, Chester Pool, T.J. Walker and Doug Martin. Board Members Absent: Charles Schoppe City Staff Present: Assistant City Attorney Clark Askins, Planning Director Tim Tietjens, City Planner Eric Ensey, and Planning Technician Ryan Cramer 1. Call to Order. Chairman Rod Rothermel called the meeting to order at 6:00 p.m. 2. Roll call of members. Board members Oian, Warren, Pool, Walker, Martin and Chairman Rothermel were present for roll call. 3. Consider approval of meeting minutes: May 26, 2016. Motion by Chester Pool to approve the meeting minutes of the May 26, 2016 meeting. Second by Nettie Warren. Motion carried. Ayes: Rod Rothermel, T.J. Walker, Nettie Warren, Chester Pool, Doug Martin Nays: None 4. A public hearing to consider Variance Request 16-93000006, a request by Pastor Shane Klinkerman on behalf of the First Assembly of God Church for a tract of land located at 316 E. Fairmont Parkway legally described as Blocks 1112 and 1113 of the Town of La Porte Subdivision. The applicant is seeking approval of a variance to allow for a new building to be -343(a) of the zone. Chairman Rothermel opened the public hearing at 6:02 p.m. a. Staff Presentation Planning Technician Ryan Cramer Shane Klinkerman to allow for the construction of property line. Planning Technician Cramer said there was not enough room to build a building of this size where the applicant wants to without getting a setback variance. He also noted the building in the surrounding area were less than 20 feet back from the front property line. Planning Technician Cramer finished by bringing attention to the public responses received by the City. First, the sent in by the owner of Shaterra Properties at 410 E. Fairmont Parkway stating he was against the variance as it would reduce visibility to his strip center as well as visibility for those entering and exiting. The letter also stated that no hardship existed for the property to require a variance. Second, a letter sent by La Porte ISD in support of the variance b. Applicant Presentation Chairman Rothermel swore in the applicant Shane Klinkerman. The applicant echoed the c. Public Comments There were no public comments. Chairman Rothermel closed the public hearing at 6:07 PM. d. Question and Answer There was no question and answer Motion by Doug Martin to approve Variance Request 16-93000006, a request by Pastor Shane Klinkerman on behalf of the First Assembly of God Church for a tract of land located at 316 E. Fairmont Parkway legally described as Blocks 1112 and 1113 of the Town of La Porte Subdivision. The applicant is seeking approval of a variance to allow for a new building to be -343(a) of the Code of Ordinances Second by Chester Pool. Motion Carried. Ayes: Rod Rothermel, T.J. Walker, Nettie Warren, Chester Pool, Doug Martin Nays: None Assistant City Attorney Clark Askins read from Section 106-196 of the Code of Ordinances: Appeals from the Board of Adjustment. 5. A public hearing to receive public input on Variance Request 16-93000007, a request by Bayway Homes for tracts of land legally described as Lots 1-8, Block 108 and Lots 24-32, Block 107, Town of La Porte Subdivision. The applicant is seeking approval of multiple variances as follows: 1. provisions of Section 106-333(a) of the Code of Ordinances that requires a minimum 2. A density of 12.5 units per acre; contrary to the provisions of Section 106-333(a) of the Code of Ordinances that allows a maximum of 10 units per acre for townhouse/quadraplex projects. 3. -835; Figure 10- 4. A distance from the driveway to the property Section 106-835; Figure 10-2, which requires a minimum distance between the Chairman Rothermel opened the public hearing at 6:10. a. Staff Presentation Planning Technician Cramer presented for variance request 16-93000007. Planning Technician Cramer said the driveway regulations from the City made it impossible for a townhouse development to meet all of the proper setbacks. While on the other hand there was not a true hardship for going over density requirements or needing a side setback variance. Staff recommended use of architectural features to distinguish one townhome unit from the one it is connected to. b. Applicant Presentation Jon Skeele, Friendswood, Texas, was sworn in by Chairman Rothermel. The applicant noted the Northside, where his tracts are, is under developed and creating a higher desnity use is a good transition from the commercial uses on Broadway. Being adjacent rail to the north gives their development the buffer the code was pursuing when they wrote the section they are asking for a variance from. c. Public Comments There were no public comments. Chairman Rothermel closed the public hearing at 6:22 PM. d. Question and Answer Chester Pool asked how the City came up with its density requirement. Planning Technician Cramer indicated, as had been told to him, when the changes to Chapter 106 were being made, staff looked at the surrounding communities and used a number they thought was good. Nettie Warren noted she felt the project was a lot of development on such a small amount of land. Variance 1. Motion by Doug Martin to approve a 1, Block 108; contrary to the provisions of Section 106-333(a) of the Code of Ordinances that Second by Chester Pool. Motion Carried. Ayes: Rod Rothermel, T.J. Walker, Chester Pool, Doug Martin Nays: Nettie Warren Assistant City Attorney Clark Askins read from Section 106-196 of the Code of Ordinances: Appeals from the Board of Adjustment. Variance 2. Motion by Chester Pool to approve a density of 12.5 units per acre; contrary to the provisions of Section 106-333(a) of the Code of Ordinances that allows a maximum of 10 units per acre for townhouse/quadraplex projects. Second by Doug Martin. Motion Carried. Ayes: Rod Rothermel, T.J. Walker, Chester Pool, Doug Martin Nays: Nettie Warren Assistant City Attorney Clark Askins read from Section 106-196 of the Code of Ordinances: Appeals from the Board of Adjustment. Variance 3. Motion by Doug Martin to approve a the provisions of Section 106-835; Figure 10- residential driveways. Second by Chester Pool. Motion Carried. Ayes: Rod Rothermel, T.J. Walker, Chester Pool, Doug Martin Nays: Nettie Warren Assistant City Attorney Clark Askins read from Section 106-196 of the Code of Ordinances: Appeals from the Board of Adjustment. Variance 4. Motion by Chester Pool to approve a distance from the driveway to the property -835; Figure 10-2, which requires a minimum Second by Doug Martin. Motion Carried. Ayes: Rod Rothermel, T.J. Walker, Chester Pool, Nettie Warren, Doug Martin Nays: Assistant City Attorney Clark Askins read from Section 106-196 of the Code of Ordinances: Appeals from the Board of Adjustment. 6. A public hearing to receive public input on Variance Request 16-93000008, a request by Robert Goebel for the tract of land located at 11230 N. P St., legally described as Lots 1-6 of Block 1 of the Greendale Subdivision U/R. The applicant is seeking approval of a variance that would allow him to build a 1,144-square foot garage; contrary to the provisions of Section 106-741(e)(2), which allows detached garages on lots less than an acre in size to have a maximum floor area of 1,000 square feet. Chairman Rothermel opened the public hearing at 6:40 p.m. a. Staff Presentation -93000008. received by staff in regards to this variance from Fredrick Goines, Chris Rains and Robert Goebel, all in support of the variance. b. Applicant Presentation Robert Goebel gave the applicant presentation. He said he needed a larger garage because he did not have enough storage space. c. Public Comments There were no public comments. Chairman Rothermel closed the public hearing at 6:43 d. Question and Answer There were no questions. Motion by T.J. Walker to approve Variance Request 16-93000008, a request by Robert Goebel for the tract of land located at 11230 N. P St., legally described as Lots 1-6 of Block 1 of the Greendale Subdivision U/R. The applicant is seeking approval of a variance that would allow him to build a 1,144-square foot garage; contrary to the provisions of Section 106-741(e)(2), which allows detached garages on lots less than an acre in size to have a maximum floor area of 1,000 square feet. Second by Nettie Warren. Motion Carried. Ayes: Rod Rothermel, T.J. Walker, Nettie Warren, Chester Pool, Doug Martin Nays: None Assistant City Attorney Clark Askins read from Section 106-196 of the Code of Ordinances: Appeals from the Board of Adjustment. 7. A public hearing to receive public input on Variance Request 16-93000009, requested by Oakland Land & Development for the tract of land located at 905 S. 14th St., legally described as Lots 1-32 & Tract A, Block 866, Town of La Porte Subdivision. The applicant is seeking approval of a variance that would allow him to keep his current irrigation system of hose bibbs and soaker hoses; contrary to the provisions of Section 106-800 (c); 4; b., which requires properties larger than one acre to have an automatic irrigation system. Chairman Rothermel opened the public hearing at 6:45 p.m. a. Staff Presentation Pl-93000009. Planning Technician Cramer said there is an approved site plan on file that shows an automatic irrigation system. Chairman Rothermel asked why the code required an automatic irrigation system. City Planner Eric Ensey said in the latest round of Chapter 106 changes the Planning and Zoning Commission wanted to give some leeway to developers. b. Applicant Presentation Jeff Burkhalter, Natchez, MS, was sworn in by Chairman Rothermel. The applicant noted their hose system c. Public Comments Bill Campbell, Cypress, TX, was sworn in by Chairman Rothermel. He said the landscaping was drought tolerant. Chairman Rothermel closed the public hearing at 6:56 p.m. d. Question and Answer There were no questions. Motion by Chester Pool to approve Variance Request 16-93000009, requested by Oakland Land & Development for the tract of land located at 905 S. 14th St., legally described as Lots 1-32 & Tract A, Block 866, Town of La Porte Subdivision. The applicant is seeking approval of a variance that would allow him to keep his current irrigation system of hose bibbs and soaker hoses; contrary to the provisions of Section 106-800 (c); 4; b., which requires properties larger than one acre to have an automatic irrigation system. Second by Nettie Warren. Motion Carried. Ayes: Rod Rothermel, T.J. Walker, Nettie Warren, Chester Pool, Doug Martin Nays: None Assistant City Attorney Clark Askins read from Section 106-196 of the Code of Ordinances: Appeals from the Board of Adjustment. 8. A public hearing to receive public input on Variance Request 16-93000010, a request by Richard Sparks for the tract of land located at 920 Seabreeze, legally described as Lots 18 & 19, Parkway Block, Bayshore Park Subdivision. The applicant is seeking approval of a variance that would allow him to build a 1,080-square foot garage; contrary to the provisions of Section 106-741 (e)(2), which allows detached garages on lots less than an acre in size to have a maximum floor area of 1,000 square feet. Chairman Rothermel opened the public hearing at 7:01 p.m. a. Staff Presentation Pla-93000010. three response letter received by the City. Two, from Virginia Groda and Edgar Reed were in favor while one from Jacqueline Fowler was in opposition. b. Applicant Presentation Richard Sparks, La Porte, TX, was sworn in by Chairman Rothermel. He said he needed the extra room to fit his RV. c. Public Comments There were no public comments. Chairman Rothermel closed the public hearing at 7:06 p.m. d. Question and Answer Chairman Rothermel said he would like to see the two storage sheds moved off the property and have that be made as a condition of approval. The applicant asked if he would be able to keep one of the sheds and the Board agreed. Motion by Chester Pool to approve Variance Request 16-93000010, a request by Richard Sparks for the tract of land located at 920 Seabreeze, legally described as Lots 18 & 19, Parkway Block, Bayshore Park Subdivision. The applicant is seeking approval of a variance that would allow him to build a 1,080-square foot garage; contrary to the provisions of Section 106-741 (e)(2), which allows detached garages on lots less than an acre in size to have a maximum floor area of 1,000 square feet. With the condition one of the two sheds currently on the property be removed. Second by Doug Martin. Motion Carried. Ayes: Rod Rothermel, T.J. Walker, Nettie Warren, Chester Pool, Doug Martin Nays: None Assistant City Attorney Clark Askins read from Section 106-196 of the Code of Ordinances: Appeals from the Board of Adjustment. 9. Administrative Reports Planning Technician Cramer noted every day is a great day in the City of La Porte. 10. Board comments on matters appearing on the agenda or inquiry of staff regarding specific factual information or existing policy. There were no Board comments. 11. Adjourn Motion by Doug Martin to adjourn. Second by T.J. Walker. Motion Carried. Ayes: Rod Rothermel, T.J. Walker, Nettie Warren, Chester Pool, Doug Martin Nays: None Chairman Rothermel adjourned the meeting at 7:11 p.m. Respectfully submitted, Ryan Cramer Secretary, Zoning Board of Adjustment Passed and Approved on , 2016. Rod Rothermel Chairman, Zoning Board of Adjustment City of La Porte, Texas Zoning Board of Adjustment December 13, 2016 AGENDA ITEM 4 Consider approval of a Variance to allow construction of a new sign for the property located at 2602 W. Main St., legally described as Lots 21-30 & Tracts 1-10 & 12-20 Block 707 & Abandoned Alley & Tract A, Town of La Porte Subdivision. (Applicant: George Lowery) wǤğƓ /ƩğƒĻƩͲ tƌğƓƓźƓŭ ĻĭŷƓźĭźğƓ tƌğƓƓźƓŭ ğƓķ 5ĻǝĻƌƚƦƒĻƓƷ 5ĻƦğƩƷƒĻƓƷ /źƷǤ ƚŅ \[ğ tƚƩƷĻͲ Ļǣğƭ Board of Adjustment Meeting December 13, 2016 El Toro Sign Variance Planning and Development Department Staff Report ISSUE Should the Board of Adjustment approve the variance requested by George Lowery on behalf of El Toro Restaurant for the property located at 2602 W. Main St., legally described as Lots 21-30 & Tracts 1-10 & 12-20 Block 707 & Abandoned Alley & Tract A, Town of La Porte Subdivision (case #16-930000011) which would allow the applicant to install a sign that will be a total of 292.24 square feet in size, this is contrary to the provisions of Section 106-874 (a)(3)(b)(1), which allows a freestanding on-premises sign in a General Commercial zone to be 150 square feet max. The requested variance would increase the maximum allowed sign area by 142.24 square feet. DISCUSSION Applicant: George Lowery (El Toro) : The applicant is seeking approval of variance request #16-93000011. The variance would allow the applicant to install a sign that is 292.24 square feet in size, 142.24 square feet larger than the permitted sign area. Subject Site: The subject lots make up a 5.42 acre tract of land generally at the northeast corner of the Spencer Highway and Sens Road intersection and is legally described as Lots 21-30 & Tracts 1-10 & 12-20 Block 707 & Abandoned Alley & Tract A, Town of La Porte Subdivision. The attached Exhibit B is an area map that shows the location of the property in question. Notice of Public Hearing: Section 194 of the Code of Ordinances stipulates the various requirements for public notice of the public hearing. This variance included all of the necessary code requirements for a public hearing including the following: Notice of public hearing was posted in the newspaper of general circulation ten days prior to the date of the hearing. Mailed notices were sent to all owners of property lying within 200 feet of the site ten days prior to the date of the hearing. Required sign was posted on the site ten days prior to the hearing date. Additionally, in compliance with state law, notice of the public hearing was posted at City Hall and on the website at least ten days prior to the date of the public hearing. Board of Adjustment Meeting December 13, 2016 El Toro Sign Variance Background Information: The site is currently zoned GC, General Commercial. The subject site currently sits undeveloped. The following table summarizes the surrounding zoning and land uses: Zoning Land Use North GC, General Commercial Commercial (Beacon Bank) South GC, General Commercial Commercial (Stripes) West GC, General Commercial Unimproved Land East GC, General Commercial Unimproved Land Applicable Code Provisions: Section 106-874, speaks to on-premises signs. The following is an excerpt from that section as applicable to this variance request (see highlighted): (3) CR, NC and GC Districts a. One freestanding advertising sign shall be permitted for each side of a commercial development which fronts on a developed right-of-way. b. The following size limitations apply: 1. Freestanding signs for a single tenant buildings: 150 square feet. 2. Freestanding signs for single tenant buildings in a controlled access corridor: 300 square feet. 3. Freestanding signs for multitenant buildings: 350 square feet. Analysis: The applicant is seeking approval of a variance that would allow the applicant to erect a sign that is 292.24 square feet in size. Code of Ordinances the literal interpretation of the code approved by the Board subject to the fact that enforcement of the provisions of the code would cause an unnecessary hardship because of circumstances unique to the subject property. The Board is authorized to grant a variance when the Board finds that a number of criteria are met. The following table outlines those criteria and sta Criterion: Staff Finding: a. That the granting of the variance will not be Granting this variance would allow the applicant contrary to the public interest to place a larger than permitted sign in the front of their property. The proposed use of the property is in line with the zoning district and the area as a whole. The size of the sign along with the large amount of neon lights and the large LED message board, may pose as a distraction and road hazard to motorists along W. Main St. The allowed 150 Board of Adjustment Meeting December 13, 2016 El Toro Sign Variance square feet per the code would still allow the applicant ample room to advertise their business and would not have as great of a negative impact to motorists along driving by. b. That literal enforcement of this chapter will Being in a General Commercial zone their building result in unnecessary hardship because of exceptional narrowness, shallowness, shape, property line but due to parking and detention topography or other extraordinary or requirements the principal building is setback exceptional physical situation unique to the specific piece of property in question. visibility difficulties. "Unnecessary hardship" shall mean physical That said, none of these issues are the result of hardship relating to the property itself as distinguished from a hardship relating to convenience, financial considerations or relating to the property itself that prevents the caprice, and the hardship must not result from applicant from meeting code. the applicant or property owner's own actions. c. That by granting the variance, the spirit of this chapter will be observed. are to bring structures into compliance over time. In this case, a nonconforming sign would be constructed on a lot that was not previously nonconforming but it would facilitate the building of a use intended for the district it is in. Appeal Procedure: 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 § 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. ATTACHMENTS Exhibit A: Application, and a conceptual site plan with sign elevations Exhibit B: Area map AREA MAP 41 696 698697 60 LOCATION OF PROPERTY 61 709 707708 SPENCER HWY 733 734 1 inch = 200 feet City of La Porte, Texas Zoning Board of Adjustment December 13, 2016 AGENDA ITEM 5 Consider approval of two Variances to allow platting of a new lot & a reduced front setback for the property located at 402 W. E St., legally described as Lots 30-32, Block 129, Town of La Porte Subdivision. (Applicant: Donna Eckel) wǤğƓ /ƩğƒĻƩͲ tƌğƓƓźƓŭ ĻĭŷƓźĭźğƓ tƌğƓƓźƓŭ ğƓķ 5ĻǝĻƌƚƦƒĻƓƷ 5ĻƦğƩƷƒĻƓƷ /źƷǤ ƚŅ \[ğ tƚƩƷĻͲ Ļǣğƭ Board of Adjustment Meeting December 13, 2016 Bay Point Lot Size Variance Planning and Development Department Staff Report ISSUE Should the Board of Adjustment approve the variances requested by Donna Eckels for the tract of land located at 402 W. E Street, legally described as Lots 30, 31 & 32, Block 129 Town of La Porte Subdivision. The applicant is seeking approval of a variance that would allow her client to replat one lot to be 5,625 square feet and the other to be 3,750 square feet in size. Both of these lot sizes are contrary to the provisions of Section 106-333 (a), which requires single family detached lots to be a minimum of 6,000 square feet in size. The applicant is also seeking approval of a variance that would allow her client to This is contrary to Section 106-333 (a), which requires single family detached housing to have a minimum front DISCUSSION Applicant: Donna Eckels : The applicant is seeking approval of variance request #16-93000012. The variance would allow the applicant to plat two lots from an existing lot. The variance is for a reduced lot size for each new lot created and for a reduced front yard setback for the new western lot. Subject Site: The subject lot makes up a 9,375 square foot tract of land generally at the southwest corner of the West rd Street intersection and is legally described as Lots 30, 31 & 32, Block 129 Town of La Porte Subdivision. The attached Exhibit B is an area map that shows the location of the property in question. Notice of Public Hearing: Section 194 of the Zoning Ordinance stipulates the various requirements for public notice of the public hearing. This variance included all of the necessary code requirements for a public hearing including the following: Notice of public hearing was posted in the newspaper of general circulation ten days prior to the date of the hearing. Mailed notices were sent to all owners of property lying within 200 feet of the site ten days prior to the date of the hearing. Required sign was posted on the site ten days prior to the hearing date. Board of Adjustment Meeting December 13, 2016 Bay Point Lot Size Variance Additionally, in compliance with state law, notice of the public hearing was posted at City Hall and on the website at least ten days prior to the date of the public hearing. Background Information: The site is currently zoned R-1, Low-Density Residential. The subject site has two existing residential structures on site. The following table summarizes the surrounding zoning and land uses: Zoning Land Use rd North R-1, Low-Density Residential Residential (518 S. 3 St.) rd South R-1, Low-Density Residential Residential (606 S. 3 St.) th West R-1, Low-Density Residential Residential (601 S. 4 St.) rd East R-1, Low-Density Residential Residential (601 S. 3 St.) Applicable Code Provisions: Section 106-333, speaks to residential area requirements. The following is an excerpt from that section as applicable to this variance request: Uses Minimum Lot Area Minimum Yard Setbacks L.F.F.R.S. Single-family detached 6000 25-15-5 Analysis: The applicant is seeking approval of a variance that would allow her client to replat his property into two lots, both under 6,000 square feet, and allow the house on the western lot to maintain a setback smaller . Code of Ordinances the literal interpretation of the code approved by the Board subject to the fact that enforcement of the provisions of the code would cause an unnecessary hardship because of circumstances unique to the subject property. The Board is authorized to grant a variance when the Board finds that a number of criteria are met. The following table outlines those criteria and sta Criterion: Staff Finding: a. That the granting of the variances will not be The use of both properties would be in line with contrary to the public interest the surrounding area and is the intention of the zoning district. The City requires minimum lot sizes and setbacks as a way to protect property values and create a consistent look amongst R-1 housing. b. That literal enforcement of this chapter will The size of the original lot makes it impossible for result in unnecessary hardship because of the lot to be platted into two conforming lots. exceptional narrowness, shallowness, shape, The front setback cannot be met on the new topography or other extraordinary or western lot because of an existing house placed exceptional physical situation unique to the on the property by the original owner in 1940. specific piece of property in question. Board of Adjustment Meeting December 13, 2016 Bay Point Lot Size Variance "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. c. That by granting the variance, the spirit of this chapter will be observed. are to bring structures into compliance over time. In this case, the approved variance would allow for there to be one house per lot as compared to the non-conforming two houses per lot. Staff would like to recommend, if the Board so chooses, a condition of approval that a minimum front setback be provided. Appeal Procedure: 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 § 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. ATTACHMENTS Exhibit A: Application Exhibit B: Area map AREA MAP #16-9 112111 113 LOCATION OF PROPERTY W E S T 130 129 128 W F S T 135 137136 1 inch = 100 feet City of La Porte, Texas Zoning Board of Adjustment December 13, 2016 AGENDA ITEM 6 Consider approval of a Variance to allow construction of a new sign for the property located at 324 W. Main St., legally described as Lots 11 & 12, Block 58 Town of La Porte Subdivision. (Applicant: Jose Gonzalez) wǤğƓ /ƩğƒĻƩͲ tƌğƓƓźƓŭ ĻĭŷƓźĭźğƓ tƌğƓƓźƓŭ ğƓķ 5ĻǝĻƌƚƦƒĻƓƷ 5ĻƦğƩƷƒĻƓƷ /źƷǤ ƚŅ \[ğ tƚƩƷĻͲ Ļǣğƭ Board of Adjustment Meeting December 13, 2016 New Orleans Seafood Sign Variance Planning and Development Department Staff Report ISSUE Should the Board of Adjustment approve the variance requested by Jose Gonzalez on behalf of New Orleans Seafood for the property located at 324 W. Main Street, legally described as Lots 11, & 12 Block 58 Town of La Porte Subdivision. The applicant is seeking approval of a variance that would allow his client to place a freestanding sign in the Main Street District that is 50 square feet in size and 24 feet in height, for an existing building with no setback from the ROW. This is contrary to Section 106-874 (a)(4)(c) which requires that new freestanding signs can only be used when the building is setback from the ROW and cannot exceed 24 square feet in size or 14 feet in height. DISCUSSION Applicant: Jose Gonzalez (New Orleans Seafood) : The applicant is seeking approval of variance request #16-93000013. The variance would allow the applicant to install a sign that is 50 square feet in size and 24 feet in height. Subject Site: rd The subject lots make up a 6,250 square foot tract of land generally at the northeast corner of the S. 3 Street and W. Main Street intersection and is legally described as Lots 11 & 12 Block 58 Town of La Porte Subdivision. The attached Exhibit B is an area map that shows the location of the property in question. Notice of Public Hearing: Section 194 of the Zoning Ordinance stipulates the various requirements for notice of the public hearing. This variance included all of the necessary code requirements for a public hearing including the following: Notice of public hearing was posted in the newspaper of general circulation ten days prior to the date of the hearing. Mailed notices were sent to all owners of property lying within 200 feet of the site ten days prior to the date of the hearing. Required sign was posted on the site ten days prior to the hearing date. Additionally, in compliance with state law, notice of the public hearing was posted at City Hall and on the website at least ten days prior to the date of the public hearing. Background Information: The site is currently zoned MS, Main Street District Overlay. The subject site is developed with an existing commercial structure and sign pole. The following table summarizes the surrounding zoning and land uses: Board of Adjustment Meeting December 13, 2016 New Orleans Seafood Sign Variance Zoning Land Use rd North MSD, Main Street District Commercial (116 N. 3 St.) South MSDO, Main Street District Commercial (321 W. Main St.) Overlay West MSDO, Main Street District Park Like Lot (402 W. Main St.) Overlay East MSDO, Main Street District Commercial (318 W. Main St.) Overlay Applicable Code Provisions: Section 106-874, speaks to on-premises signs. The following is an excerpt from that section as applicable to this variance request (see highlighted): (4) a{ ķźƭƷƩźĭƷ ğƓķ ƚǝĻƩƌğǤ͵ a. Pre-existing, nonconforming signs listed at the following locations within the overlay and Main Street District existing as of the effective date of this ordinance are considered legal, grandfathered, and may continue as such in accordance with the specifications, regulations, and conditions of this ordinance. The city accepts no liability for any damages to any signs within public right-of-way or easement. The city also reserves the rights to enter into, maintain, and utilize all common use public utility easements and public rights- of-way to promote the health, safety, morals or general welfare of the community and the safe, orderly, and healthful development of the city. 1. 101 E. Main. 2. 201 E. Main. 3. 115 W. Main. 4. 208 W. Main. 5. 306 W. Main. 6. 521 W. Main. 7. 616 W. Main. 8. 718 W. Main. 9. 820 W. Main. 10. *107 N. 8th. 11. *105 Highway 146 S. 12. *117 Highway 146 S. 13. *120 Highway 146 N. c. Any new on-premises freestanding signs, which shall only be permitted on those properties where a building is already existing and is setback from the front property line, shall be a ground sign that is a minimum height of 10 feet from the bottom of the sign and a maximum height of 14 feet and cannot exceed 24 square feet in area. (Note: In accordance with section 106-878(b)(2), sign not exceeding eight feet in height do not have to be engineered.) d. A city permit shall be required prior to any new signage. Analysis: The applicant is seeking approval of a variance that would allow the placement of a sign that is 292.24 square feet in size. Code of Ordinances the literal interpretation of the code approved by the Board subject to the fact that enforcement of the Board of Adjustment Meeting December 13, 2016 New Orleans Seafood Sign Variance provisions of the code would cause an unnecessary hardship because of circumstances unique to the subject property. The Board is authorized to grant a variance when the Board finds that a number of criteria are met. The following table outlines those criteria and sta Criterion: Staff Finding: a. That the granting of the variance will not be Granting this variance would allow the applicant contrary to the public interest to place a larger and taller than permitted sign in the front of their property. There is an existing sign pole on the property. The code does make exceptions for pre-existing signs but this property is not on that list. b. That literal enforcement of this chapter will There is an existing sign pole designed to hold a result in unnecessary hardship because of sign of this height and size, not one that meets exceptional narrowness, shallowness, shape, City standards. 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. c. That by granting the variance, the spirit of this chapter will be observed. are to bring structures into compliance over time. In this case, a non-conforming pole is already on the property. While placing a sign will not make the pole any more conforming, the only way this property would become more conforming in this manner would be removal or shortening of the pole. Staff would note, if consideration is given to allow the requested sign, it should be designed in a way to n for Main Street as described in Section 106-945: Section 106-945. Purpose and intent. (a) Purpose: These guidelines are intended to aid downtown property owners in La Porte to protect and enhance the historic resources of the community. The standards describe design ideas for appropriate alterations and new construction, and also provide basic maintenance tips. Board of Adjustment Meeting December 13, 2016 New Orleans Seafood Sign Variance (1) To protect, enhance and perpetuate landmarks and districts of historical, cultural, architectural or archeological importance that reflect distinctive and important elements of the unique historical heritage of La Porte. (2) Foster civic pride by recognizing accomplishments of the past. (3) Protect and enhance the attractiveness of the City to tourists and visitors and support and stimulate the economy. (4) Insure the harmonious, orderly and efficient growth and development in the Main Street District. (5) Promote the economic prosperity and welfare of property owners in the Main Street District. (6) Encourage the stabilization, restoration and improvement of property and property values in the district. (7) Maintain a generally harmonious outward appearance of both historic and modern structures, which are compatible and complimentary in scale, form, color, proportion, texture and material. (b) Intent: To capitalize on La s urban design and architectural character, the following principles shall serve as a guide for future development in the Main Street District. In general, the buildings should have a pre-1930s appearance. Appeal Procedure: 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 § 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. ATTACHMENTS Exhibit A: Application with sign elevations Exhibit B: Area map AREA MAP VARIANCE #16-93000013 W POLK ST 58 59 57 LOCATION OF PROPERTY 3938 40 1 inch = 100 feet City of La Porte, Texas Zoning Board of Adjustment December 13, 2016 AGENDA ITEM 7 Consider approval of a Variance to allow owner to forego installation of planters in a parking area th for the property located at 202 ½ N. 16 St., th legally described as Block 686, Lots 1-16&17-32 & Abandoned E ½ N. 14 St. (Applicant: Charles Pfeiffer) LğƓ /ƌƚǞĻƭͲ /źƷǤ tƌğƓƓĻƩ tƌğƓƓźƓŭ ğƓķ 5ĻǝĻƌƚƦƒĻƓƷ 5ĻƦğƩƷƒĻƓƷ /źƷǤ ƚŅ \[ğ tƚƩƷĻͲ Ļǣğƭ Board of Adjustment Meeting December 13, 2016 Pfeiffer Landscaping Variance Planning and Development Department Staff Report ISSUE Should the Board of Adjustment approve the variance requested by Charles Pfeiffer on behalf of Lindsay th R. and Jennifer B. Pfeiffer for the property located at 202 ½ N. 16 St., legally described Block 686, th Lots 1-16&17-32 & Abandoned E ½ N. 14 St (case #16-930000014) which would allow the applicant to forego installation of landscape planters within a newly constructed parking lot. This request is contrary to the provisions of Section 106-800 (c)(1)(c), which requires a minimum ratio of one planter for every ten parking spaces. DISCUSSION Applicant: Charles Pfeiffer (Pfeiffer & Son, Ltd.) : The applicant is seeking approval of variance request #16-93000014. The variance would allow the applicant to forego installation of landscape planters within a newly constructed parking lot. Subject Site: th The subject lots make up a 2.4 acre tract of land generally 615 feet East of N. 16 St. along W. Polk St. th and is legally described as Block 686, Lots 1-16&17-32 & Abandoned E ½ N. 14 St. The attached Exhibit B is an area map that shows the location of the property in question. Notice of Public Hearing: Section 194 of the Code of Ordinances stipulates the various requirements for public notice of the public hearing. This variance included all of the necessary code requirements for a public hearing including the following: Notice of public hearing was posted in the newspaper of general circulation ten days prior to the date of the hearing. Mailed notices were sent to all owners of property lying within 200 feet of the site ten days prior to the date of the hearing. Required sign was posted on the site ten days prior to the hearing date. Additionally, in compliance with state law, notice of the public hearing was posted at City Hall and on the website at least ten days prior to the date of the public hearing. Background Information: The site is currently zoned LI, Light Industrial. The subject site currently sits undeveloped. The following table summarizes the surrounding zoning and land uses: Board of Adjustment Meeting December 13, 2016 Pfeiffer Landscaping Variance Zoning Land Use North LI, Light Industrial Unimproved Land South LI, Light Industrial Unimproved Land West LI, Light Industrial Industrial (Pfeiffer Parking Lot) East LI, Light Industrial Unimproved Land Applicable Code Provisions: Section 106-800, speaks to required landscaping. The following is an excerpt from that section as applicable to this variance request (see highlighted): (c) Landscaping plans shall be developed using the following criteria: (1) Location. c. Parking lot requirements. i. Parking lot with minimum 20 spaces shall provide a planter at the ratio of one for every ten parking spaces. ii. Planters (minimum 135 square feet) shall not abut on more than two sides of required perimeter landscape area. Each required planter shall have one shade tree. Trees shall be dispersed throughout the parking lot to maximize the shading effect on the parking spaces. These trees are exclusive of trees planted around the perimeter of the parking lot. iii. The minimum size of parking lot trees shall be minimum two-inch caliper. iv. The minimum height of parking lot trees shall be six feet. Analysis: The applicant is seeking approval of a variance that would allow the applicant to forego installation of landscape planters within a newly constructed parking lot. The applicant has stated that they have no requirements. They propose relocating the required parking lot trees to the perimeter of the new parking lot. This will provide additional screening for the lot as well as some of the intended shading benefits. Code of Ordinances the literal interpretation of the code approved by the Board subject to the fact that enforcement of the provisions of the code would cause an unnecessary hardship because of circumstances unique to the subject property. The Board is authorized to grant a variance when the Board finds that a number of criteria are met. The following table outlines those criteria and sta Criterion: Staff Finding: a. That the granting of the variance will not be Granting this variance would allow the applicant contrary to the public interest to relocate and expand their parking, ultimately allowing for the business to grow. The applicant intends to provide the full amount of required Board of Adjustment Meeting December 13, 2016 Pfeiffer Landscaping Variance landscaping, but would prefer it to be along the perimeter of the lot. The parking lot will only be utilized by staff and th will not be visible from 16 St. b. That literal enforcement of this chapter will Parking lot planters are a key part of city result in unnecessary hardship because of beautification and help reduce the heat island exceptional narrowness, shallowness, shape, effect created by large impervious surfaces. topography or other extraordinary or As stated, the applicant is not requesting a exceptional physical situation unique to the reduction in the number of required trees, but is specific piece of property in question. requesting the variance to place them in a more "Unnecessary hardship" shall mean physical convenient location. This will still allow for a hardship relating to the property itself as number of trees to be added to the site but distinguished from a hardship relating to without disrupting the flow of cars and trucks convenience, financial considerations or throughout the development. caprice, and the hardship must not result from the applicant or property owner's own actions. c. That by granting the variance, the spirit of this The variance will allow an industrial development chapter will be observed. to forego parking lot trees and instead, allow them to plant them along the perimeter of the lot. These will serve as not only shade trees, but also will screen the lot from surrounding properties. The requested variance will have little to no negative impact on the surrounding properties. Appeal Procedure: he board of adjustment. 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 § 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. ATTACHMENTS Exhibit A: Application Exhibit B: Area map AREA MAP VARIANCE REQ. #16-93000014 65265165064996 68473 683 681682 LOCATION OF PROPERTY 72 686685 688687 49 720 718719 717 48 723722721 724 1 inch = 200 feet City of La Porte, Texas Zoning Board of Adjustment December 13, 2016 AGENDA ITEM 8 Consider approval of a Special Exception request to expand a preexisting nonconforming use th on the property located at 201 N 18 St., legally described as Lots 17-32 -16, Block 691, Town of La Porte Subdivision. (Applicant: Mark Hutfless) LğƓ /ƌƚǞĻƭͲ /źƷǤ tƌğƓƓĻƩ tƌğƓƓźƓŭ ğƓķ 5ĻǝĻƌƚƦƒĻƓƷ 5ĻƦğƩƷƒĻƓƷ /źƷǤ ƚŅ \[ğ tƚƩƷĻͲ Ļǣğƭ Board of Adjustment Meeting December 13, 2016 th 201 N. 18 St. Nonconforming Special Exception Planning and Development Department Staff Report ISSUE Should the Board of Adjustment approve the special exception request by Mark Hutfless to th expand a nonconforming use on the subject property located at 201 N. 18 St. (case #16- 94000001)? DISCUSSION Applicant: Mark Hutfless Property Owner: Imerys : The applicant is seeking approval of special exception request #16-94000001, to allow for the th expansion of an existing nonconforming use. The building located at 201 N. 18 St. is currently used for the manufacturing and production of non-hazardous materials. The applicant is currently warehousing the majority of its finished product offsite, and would like to construct a warehouse on site, allowing for the entire operation to be located on one site. Subject Site: The subject site is approximately 2.3 acres in size. It is located North of Spencer Highway, th between 16 St. and the Railroad tracts. The site is considered nonconforming as the use, Nonmetalic Mineral Product Manufacturing, is not permitted in the LI zone. As a result, no expansion of the existing use is permitted without the approval of a Special Exception. The attached Exhibit B is an area map that shows the existing conditions of the site as well as the surrounding area. Notice of Public Hearing: Section 106-194 of the Code of Ordinances stipulates the various requirements for public notice of the public hearing. This special exception included all of the necessary code requirements for a public hearing including the following: Notice of public hearing was posted in the newspaper of general circulation ten days prior to the date of the hearing. Mailed notices were sent to all owners of property lying within 200 feet of the site ten days prior to the date of the hearing. A sign was posted on the site ten days prior to the hearing date. 1 Board of Adjustment Meeting December 13, 2016 th 201 N. 18 St. Nonconforming Special Exception Additionally, in compliance with state law, notice of the public hearing was posted at City Hall Background Information: The site is currently zoned LI, Light Industrial, and contains an existing manufacturing facility. The following table summarizes the surrounding zoning and land uses: Zoning Land Use bƚƩƷŷ Undeveloped LI, Light Industrial {ƚǒƷŷ BI, Business Industrial Industrial ‘ĻƭƷ Railroad Tracts/Undeveloped LI, Light Industrial 9ğƭƷ Industrial LI, Light Industrial Applicable Code Provisions: Section 106-191, stipulates the requirements for consideration of a special exception. The following is an excerpt from that section as applicable to this request (see highlighted): Sec. 106-191. - Special exceptions. (a) Application for special exceptions. All applications for special exception to the terms of this chapter shall be in writing and shall specify the facts involved, the relief desired, and the grounds therefor. Each such application shall be filed, along with the appropriate fees, with the enforcement officer who after investigation shall transmit such application together with his report to the board of adjustment within ten days after the filing of the application with the enforcement officer. (b) Special exceptions to be reviewed; finding of facts. The term "special exception" shall mean a deviation from the requirements of this chapter, specifically enumerated herein, which shall be granted only in the following instances, and then only when the board finds that such special exception will not adversely affect the value and use of adjacent or neighboring property or be contrary to the best public interest: (1) To reconstruct, enlarge or extend a building occupied by a nonconforming use on the lot or tract occupied by such building, provided that the reconstruction, extension, or enlargement does not prevent the return of the property to a conforming use. (2) To deviate yard requirements in the following circumstances: a. Any exception from the front yard requirements where the actual front yard setback of any abutting lot does not meet the front yard requirement. b. A rear yard exception where the actual rear yard setback of any four or more lots in the same block does not meet the rear yard requirements of these regulations. c. A yard exception on corner lots. d. An exception where the existing front yard setbacks of the various lots in the same block are not uniform, so that any one of the existing front yard setbacks shall, for buildings hereafter constructed or extended, be the required minimum front yard depth. (3) To waive or reduce off-street parking and loading requirements when the board finds the same are unnecessary for the proposed use of the building or structure for which the special exception request applies. 2 Board of Adjustment Meeting December 13, 2016 th 201 N. 18 St. Nonconforming Special Exception (4) To deviate from the minimum lot size or width requirements for property within the large lot district, where the board finds that all of the following conditions are shown: a. That one or more lots located in the same block as the subject property are not uniform in terms of shape and/or size so that any further subdivision of the subject property cannot be in accordance with the regulations governing the district; b. It can be demonstrated that the subdivision will not circumvent the spirit of the district regulations, or particularly, the rural character of the district; and, c. Granting the special exception will not be injurious to the value or enjoyment of adjacent properties within the district. (c) Hearings on applications for special exceptions. The board of adjustment shall fix a reasonable time for the hearing of all applications for special exceptions, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time as specified in section 106-194 (Notice of public hearings before the board of adjustments). Upon the hearing any party may appear in person or by agent or by attorney. Analysis: Section 106-191(b) indicates that a special exception request can only be approved if it will not adversely affect the value and use of adjacent or neighboring property or be contrary to the best public interest. In this case, the addition of a warehouse to an existing industrial site does not pose a significant impact to the surrounding area. The applicant has stated that they currently are warehousing product off site. The addition of an onsite warehouse space could greatly reduce the number of truck loads in and out of the property, ultimately decreasing the overall truck traffic in the area. Staff concurs with the applicant that the proposed expansion on site will enable an existing business, currently thriving in the City of La Porte, to continue their operations on the site. The applicant has indicated that the warehouse expansion will not increase production at the site, but makes economical sense for the company at this time. Appeal Procedure: Sec. 106-196. - Appeals from the board of adjustment. 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 § 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. ATTACHMENTS Exhibit A: Application Exhibit B: Area map 3 AREA MAP SPECIAL EXCEPTION. #16-94000001 655654653 657656 679680 678 676677 LOCATION OF PROPERTY 692 693 691689 690 W POLK ST 713714715 712 716 T W MAIN S 728 726725 1 inch = 200 feet City of La Porte, Texas Zoning Board of Adjustment December 13, 2016 AGENDA ITEM 9 Consider approval of a Special Exception request to expand a preexisting nonconforming use th on the property located at 801 N 16 St., legally described as TRS A & 1A, BLK 1 Nebraska Syndicate. (Applicant: Wayne Vinson) LğƓ /ƌƚǞĻƭͲ /źƷǤ tƌğƓƓĻƩ tƌğƓƓźƓŭ ğƓķ 5ĻǝĻƌƚƦƒĻƓƷ 5ĻƦğƩƷƒĻƓƷ /źƷǤ ƚŅ \[ğ tƚƩƷĻͲ Ļǣğƭ Board of Adjustment Meeting December 13, 2016 th 801 N. 16 St. Nonconforming Special Exception Planning and Development Department Staff Report ISSUE Should the Board of Adjustment approve the special exception request by Wayne Vinson to th expand a nonconforming use on the subject property located at 801 N. 16 St. (case #16- 94000002)? DISCUSSION Applicant: Wayne Vinson Property Owner: Lhoist North America of Texas, Ltd. : The applicant is seeking approval of special exception request #16-94000002, to allow for the th expansion of an existing nonconforming use. The property located at 801 N. 16 St. is currently used for Special Lime Slurry (SLS45) preparation, mixing, milling, and storage facility. Subject Site: th The subject site is approximately 9.154 acres in size. It is located on the West side of 16 St. North of W. Barbours Cut Blvd. The site is considered nonconforming as the use, Lime and Gypsum Product Manufacturing, is not permitted in the LI zone. As a result, no expansion of the existing use is permitted without the approval of a Special Exception. The attached Exhibit B is an area map that shows the existing conditions of the site as well as the surrounding area. Notice of Public Hearing: Section 106-194 of the Code of Ordinances stipulates the various requirements for public notice of the public hearing. This special exception included all of the necessary code requirements for a public hearing including the following: Notice of public hearing was posted in the newspaper of general circulation ten days prior to the date of the hearing. Mailed notices were sent to all owners of property lying within 200 feet of the site ten days prior to the date of the hearing. A sign was posted on the site ten days prior to the hearing date. Additionally, in compliance with state law, notice of the public hearing was posted at City Hall 1 Board of Adjustment Meeting December 13, 2016 th 801 N. 16 St. Nonconforming Special Exception Background Information: The site is currently zoned LI, Light Industrial, and contains an existing slurry preparation facility. The following table summarizes the surrounding zoning and land uses: Zoning Land Use bƚƩƷŷ Undeveloped HI, Heavy Industrial {ƚǒƷŷ Industrial LI, Light Industrial ‘ĻƭƷ Railroad Tracts/Undeveloped LI, Light Industrial 9ğƭƷ Undeveloped HI, Heavy Industrial Applicable Code Provisions: Section 106-191, stipulates the requirements for consideration of a special exception. The following is an excerpt from that section as applicable to this request (see highlighted): Sec. 106-191. - Special exceptions. (a) Application for special exceptions. All applications for special exception to the terms of this chapter shall be in writing and shall specify the facts involved, the relief desired, and the grounds therefor. Each such application shall be filed, along with the appropriate fees, with the enforcement officer who after investigation shall transmit such application together with his report to the board of adjustment within ten days after the filing of the application with the enforcement officer. (b) Special exceptions to be reviewed; finding of facts. The term "special exception" shall mean a deviation from the requirements of this chapter, specifically enumerated herein, which shall be granted only in the following instances, and then only when the board finds that such special exception will not adversely affect the value and use of adjacent or neighboring property or be contrary to the best public interest: (1) To reconstruct, enlarge or extend a building occupied by a nonconforming use on the lot or tract occupied by such building, provided that the reconstruction, extension, or enlargement does not prevent the return of the property to a conforming use. (2) To deviate yard requirements in the following circumstances: a. Any exception from the front yard requirements where the actual front yard setback of any abutting lot does not meet the front yard requirement. b. A rear yard exception where the actual rear yard setback of any four or more lots in the same block does not meet the rear yard requirements of these regulations. c. A yard exception on corner lots. d. An exception where the existing front yard setbacks of the various lots in the same block are not uniform, so that any one of the existing front yard setbacks shall, for buildings hereafter constructed or extended, be the required minimum front yard depth. (3) To waive or reduce off-street parking and loading requirements when the board finds the same are unnecessary for the proposed use of the building or structure for which the special exception request applies. (4) To deviate from the minimum lot size or width requirements for property within the large lot district, where the board finds that all of the following conditions are shown: 2 Board of Adjustment Meeting December 13, 2016 th 801 N. 16 St. Nonconforming Special Exception a. That one or more lots located in the same block as the subject property are not uniform in terms of shape and/or size so that any further subdivision of the subject property cannot be in accordance with the regulations governing the district; b. It can be demonstrated that the subdivision will not circumvent the spirit of the district regulations, or particularly, the rural character of the district; and, c. Granting the special exception will not be injurious to the value or enjoyment of adjacent properties within the district. (c) Hearings on applications for special exceptions. The board of adjustment shall fix a reasonable time for the hearing of all applications for special exceptions, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time as specified in section 106-194 (Notice of public hearings before the board of adjustments). Upon the hearing any party may appear in person or by agent or by attorney. Analysis: Section 106-191(b) indicates that a special exception request can only be approved if it will not adversely affect the value and use of adjacent or neighboring property or be contrary to the best public interest. In this case, the expansion of the existing slurry facilities will not have a major impact on the adjacent property owners. The existing production area on site is contained within open ponds. The applicant is proposing an expansion on site that will increase production. The proposed expansion, contrary to the existing facilities, will be fully contained within enclosed structures, protecting the adjacent properties from any potential impact regarding smell or noise. Staff concurs with the applicant that the proposed expansion on site will enable an existing business, currently thriving in the City of La Porte, to continue their operations on the site. The property is surrounded by other industrially zoned property and will not be out of character. Appeal Procedure: Sec. 106-196. - Appeals from the board of adjustment. 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 § 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. ATTACHMENTS Exhibit A: Application Exhibit B: Area map 3 AREA MAP VARIANCE REQ. #16-94000002 19 18 17 14 15 16 LOCATION OF PROPERTY 2 3 2 1 619 621620 616615614 618617 641642 640 647 644645646 643 652651650 657656655654653 1 inch = 400 feet City of La Porte, Texas Zoning Board of Adjustment December 13, 2016 AGENDA ITEM 10 Consider approval of a Special Exception request to on the property located at 202 North Forrest Ave., legally described as Lot 1 of Block 15 Sylvan Beach Subdivision. (Applicant: Charles Anders) LğƓ /ƌƚǞĻƭͲ /źƷǤ tƌğƓƓĻƩ tƌğƓƓźƓŭ ğƓķ 5ĻǝĻƌƚƦƒĻƓƷ 5ĻƦğƩƷƒĻƓƷ /źƷǤ ƚŅ \[ğ tƚƩƷĻͲ Ļǣğƭ Board of Adjustment Meeting December 13, 2016 202 North Forrest Ave. Side Setback Reduction Planning and Development Department Staff Report ISSUE Should the Board of Adjustment approve the special exception request by Charles Anders to reduce the required side setback on the subject property located at 202 North Forrest Ave. (case #16-94000003)? DISCUSSION Applicant: Charles Anders Property Owner: Bayway Homes Inc. : The applicant is seeking approval of special exception request #16-94000003, to allow for the . The property located at 202 North Forrest Ave. is currently undeveloped. Subject Site: The subject site is approximately 6,250 square feet in size. It is located at the Northwest corner of North Forrest Ave. and Park Ave. The site is a vacant lot originally platted as part of the Sylvan Beach Subdivision. The applicant has plans to construct a single family home on the site. Notice of Public Hearing: Section 106-194 of the Code of Ordinances stipulates the various requirements for public notice of the public hearing. This special exception included all of the necessary code requirements for a public hearing including the following: Notice of public hearing was posted in the newspaper of general circulation ten days prior to the date of the hearing. Mailed notices were sent to all owners of property lying within 200 feet of the site ten days prior to the date of the hearing. A sign was posted on the site ten days prior to the hearing date. Additionally, in compliance with state law, notice of the public hearing was posted at City Hall Background Information: The site is currently zoned R-3, High-Density Residential, and is currently undeveloped. The following table summarizes the surrounding zoning and land uses: 1 Board of Adjustment Meeting December 13, 2016 202 North Forrest Ave. Side Setback Reduction Zoning Land Use bƚƩƷŷ Single Family Residential R-3, High-Density Residential {ƚǒƷŷ Single Family Residential R-3, High-Density Residential ‘ĻƭƷ Undeveloped R-3, High-Density Residential 9ğƭƷ Single Family Residential R-1, Low-Density Residential Applicable Code Provisions: Section 106-191, stipulates the requirements for consideration of a special exception. The following is an excerpt from that section as applicable to this request (see highlighted): Sec. 106-191. - Special exceptions. (a) Application for special exceptions. All applications for special exception to the terms of this chapter shall be in writing and shall specify the facts involved, the relief desired, and the grounds therefor. Each such application shall be filed, along with the appropriate fees, with the enforcement officer who after investigation shall transmit such application together with his report to the board of adjustment within ten days after the filing of the application with the enforcement officer. (b) Special exceptions to be reviewed; finding of facts. The term "special exception" shall mean a deviation from the requirements of this chapter, specifically enumerated herein, which shall be granted only in the following instances, and then only when the board finds that such special exception will not adversely affect the value and use of adjacent or neighboring property or be contrary to the best public interest: (1) To reconstruct, enlarge or extend a building occupied by a nonconforming use on the lot or tract occupied by such building, provided that the reconstruction, extension, or enlargement does not prevent the return of the property to a conforming use. (2) To deviate yard requirements in the following circumstances: a. Any exception from the front yard requirements where the actual front yard setback of any abutting lot does not meet the front yard requirement. b. A rear yard exception where the actual rear yard setback of any four or more lots in the same block does not meet the rear yard requirements of these regulations. c. A yard exception on corner lots. d. An exception where the existing front yard setbacks of the various lots in the same block are not uniform, so that any one of the existing front yard setbacks shall, for buildings hereafter constructed or extended, be the required minimum front yard depth. (3) To waive or reduce off-street parking and loading requirements when the board finds the same are unnecessary for the proposed use of the building or structure for which the special exception request applies. (4) To deviate from the minimum lot size or width requirements for property within the large lot district, where the board finds that all of the following conditions are shown: a. That one or more lots located in the same block as the subject property are not uniform in terms of shape and/or size so that any further subdivision of the subject property cannot be in accordance with the regulations governing the district; 2 Board of Adjustment Meeting December 13, 2016 202 North Forrest Ave. Side Setback Reduction b. It can be demonstrated that the subdivision will not circumvent the spirit of the district regulations, or particularly, the rural character of the district; and, c. Granting the special exception will not be injurious to the value or enjoyment of adjacent properties within the district. (c) Hearings on applications for special exceptions. The board of adjustment shall fix a reasonable time for the hearing of all applications for special exceptions, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time as specified in section 106-194 (Notice of public hearings before the board of adjustments). Upon the hearing any party may appear in person or by agent or by attorney. Analysis: Section 106-191(b) indicates that a special exception request can only be approved if it will not adversely affect the value and use of adjacent or neighboring property or be contrary to the best public interest. In this case, the reduction of the side setback along Park Ave. would be consistent with the property across the street. The proposed home would back up to the rear of the home to the south; the reduced side setback would not impede the view of the adjacent property and appears to be in line with the existing fence line of the neighboring property. Appeal Procedure: Sec. 106-196. - Appeals from the board of adjustment. 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 § 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. ATTACHMENTS Exhibit A: Application Exhibit B: Area map 3 AREA MAP SPECIAL EXCEPTION #16-94000003 1158115911601161 19 11 1432 14 LOCATION OF PROPERTY 18 10 15 1438 17 9 16 8 1437 6 144614457 1 inch = 200 feet