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Home My WebLink About03-22-12 Zoning Board of AdjustmentCity of La Porte Zoning Board of Adjustment Meeting Agenda Notice is hereby given of a Regular Meeting of the La Porte Zoning Board of Adjustment to be held on March 22, 2012, 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. Consider approval of February 23, 2012, meeting minutes. Consider Special Exception Request #12-94000001 for the property located at 106 North Forrest Avenue, further described as Lot 17, Block 10, Sylvan Beach First Subdivision, Vol.3, Page 72, Harris County Map Records, Johnson Hunter Survey, Abstract No. 35, La Porte, Harris County, Texas. The applicant seeks to construct a covered walkway in the front setback area. This exception is being sought under the terms of Section 106-191 (b) (2) (a) of the City's Code of Ordinances. A. Staff Presentation B. Proponents C. Opponents D. Proponents Rebuttal 4. Consider Appeal of Enforcement Officer's Decision #12-95000001 for the property located at 500 West Main Street, further described as Lots 21-23, Block 56, Town of La Porte, Johnson Hunter Survey, Abstract No. 35, La Porte, Harris County, Texas. The applicant appeals for a denied permit for Obsolescence of Structure, the repair costs of which exceed 50% of replacement cost of the structure. This appeal is being sought under the terms of Section 106-89 (3) of the City's Code of Ordinances. A. Staff Presentation B. Proponents C. Opponents D. Proponents Rebuttal 5. Administrative Reports 6. Board Comments on matters appearing on agenda or inquiry of staff regarding specific 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 March 22, 2012, agenda of items to be considered by the Zoning Board of Adjustment was posted on the City Hall bulletin board on the day of 12012. Title: Zoning Board of Adjustment Minutes of February 23, 2012 Members Present: George Maltsberger, Rod Rothermel, Lawrence McNeal (Alt. No 1), and Sherman Moore (Alt. No. 2). Members Absent: Chester Pool, Charles Schoppe, and T.J. Walker, City Staff Present: Steve Gillett, Interim City Manager; Masood Malik, City Planner; Clark Askins, Assistant City Attorney; and Shannon Green, Planning Assistant. 1. Call to Order. Chairman George Maltsberger called the meeting to order at 6:07p.m. Consider approval of the December 29, 2011, meeting minutes. Motion by Rod Rothermel to approve the Minutes of December 29, 2011 with the following correction: #3.0 Opponents; add comments from resident at 755 S. Lobit. Second by Lawrence McNeal. Motion carried. Ayes: George Maltsberger, Rod Rothermel, Lawrence McNeal (Alt. No 1), and Sherman Moore (Alt. No. 2). Nays: None Abstain: None Consider Variance Request #12-93000001 for the property located at 10 Bay Oaks Drive, further described as Lot 3, Block 14, Bay Oaks Subdivision, W. P. Harris Survey, Abstract No. 30, La Porte, Harris County, Texas. The applicant seeks to construct an accessory structure up to 20 feet high exceeding the height limit of 15', contrary to the provisions of Section 106-741 of 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. Chairman George Maltsberger opened the Public Hearing at 6:08pm. A. STAFF PRESENTATION Masood Malik, City Planner, presented staff's report. Mr. Malik informed the Board the applicant is requesting an additional height of five feet for an accessory building exceeding the maximum fifteen feet allowed per Sec. 106-741 (b) of the Code of Ordinances. The purpose is to construct an accessory structure in the rear yard. Nine public hearing notices were mailed to property owners within 200' of the subject property. The City received no response. Hugh McCauley, property owner of 6 Bay Oaks, called the City and responded to the public notice he received. Mr. McCauley spoke in favor of the request but he voiced his concern of the location of a fence adjacent to his lot. Staff informed him that any dispute of this nature should be resolved among the neighbors. B. PROPONENTS James Lattner of 10 Bay Oaks, spoke in favor of the Variance. Raymond Willburn of 16 Bay Oaks, spoke in favor of the Variance. C. OPPONENTS There were none. D. PROPONENTS REBUTTAL There were none. Chairman George Maltsberger closed the Public Hearing at 6:18pm. Zoning Board of Adjustment Minutes of February 23, 2012 Page 2 of 2 Motion by Rod Rothermel to approve Variance Request #12-93000001 for the property located at 10 Bay Oaks Drive to construct an accessory structure up to 20 feet high exceeding the height limit of 15'. Second by Sherman Moore. Motion carried. Ayes: George Maltsberger, Rod Rothermel, Lawrence McNeal (Alt. No 1), and Sherman Moore (Alt. No. 2). Nays: None Abstain: None 4. Administrative Reports Masood Malik, City Planner addressed the Board with the following updates: The final two chapters of the Comprehensive Plan Update were presented at the February 16, 2012, Planning & Zoning Meeting. Projected date of completion is scheduled for July 2012. A third meeting of the Northside Neighborhood Plan Update is scheduled for March 29, 2012. 5. Board Comments Vice Chairman Rothermel asked for an update on the Lakes at Fairmont Greens. Masood Malik reported D.R. Horton is a prospective builder for this subdivision. The City has moved forward and approved building plans for initial homes to be built. However, delay is on the owner/developer side, as sign improvement and other cleaning efforts need to be completed at this site. Sherman Moore inquired about the new construction at Lomax Rodeo Arena. Steve Gillett, Interim City Manager, informed the Board the City of La Porte, the Economic Development Corporation, and the Rodeo Association is funding a design to upgrade the rodeo arena and the old Lomax City Hall structure. The design is still being finalized. 6. Adjourn Chairman George Maltsberger adjourned the meeting at 6:36pm. Submitted by, Shannon Green Secretary, Zoning Board of Adjustment Approved on this day of 12012. 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