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Home My WebLink About10-25-18 Regular Meeting of the Zoning Board of Adjustments City of La PortePlanning and Development Department Established 1892 City of La Porte Zoning Board of Adjustment Agenda Notice is hereby given of aMeeting of the La Porte Zoning Board of Adjustmentto be held on th Thursday, October 25, 2018, 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.Callto order. 2.Roll call of members. 3.A public hearing to consider Variance Request 18-93000007, a request by Joshua & Ashley Pressly for a tract of land located at 405 Bay Shore Dr., and legally described as TRS 1B & 2B, BLK 49. The applicant is seeking approval of a variance for a setback relief ths of an inch from the front property line and a setback relief of 4ft, 11 & of 9ft, 9 & 5/8 ths 5/8of an inch in the rear a.Staff Presentation b.Applicant Presentation c.Public Comments d.Question and Answer 4.A public hearing to consider Special Exception 18-94000003, a request by Adrianne Feller for a tract of land located at 10410 N L St., legally described as TR 441C La Porte Outlots, to allow the applicant to subdivide the 1.0 acre sized parcel into two lots with reduced lot widths and area, in the Large Lot Residential District (LLD). a.Staff Presentation b.Applicant Presentation c.Public Comments d.Question and Answer 5.Administrative reports 6.Board comments on matter appearing on the 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 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 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 th ZBOAAgenda–October 25, 2018 Regular Meeting Page 2 th I certify that a copy of the Thursday,June 28, 2018, agenda of items to be considered by the Zoning Board of Adjustment was posted on the City Hall bulletin board on the ___ day of ________________, 2018. 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 City of La Porte, Texas Zoning Board of Adjustment October 25, 2018 AGENDA ITEM 3 Variance Request #18-93000007 405 Bay Shore Dr Chase Stewart, Planning Technician Planning and Development Department City of La Porte, Texas Board of Adjustment Meeting October 25, 2018 Variance Request #18-93000007 Planning and Development Department Staff Report ISSUE Should the Board of Adjustment approve a request for a varianceby Joshuaand Ashley Pressly, for the property located at 405 Bayshore Dr., legally described as TRS 1B & 2B, BLK 49, which would permit a deviation from the setback requirements for a residential lot. The applicant is requestinga variance of the front and rear propertysetback requirements definedin Section 106-333 of the La Porte Code of Ordinances.The required front setback is25 linear feet from the front property line with the rear setback requirement being 15 linear from ths the rear property line. The applicant is seeking a setback relief of 9 ft, 9 & 5/8of an inch from ths the front property line and a setback relief of 4 ft, 11 & 5/8 of an inch in the rear. ths This would result in a setback of 15 ft, 2 & 3/8 DISCUSSION Applicant: Joshua & Ashley Pressly, authorized owners Subject Site: The subject siteis a 0.164 acre tract of land located at 405 Bay Shore Dr. The attached Exhibit B is an area map that shows the location of the property in question. The site is currently occupied by a pre-existing non-conforming single-family home. The single-family home was relocated in 2005 from a different property to this site due to a desire to preserve it’s historic qualities. The property is zoned low-density single-family Residential (R-1). Zoning Information: The site is currently zoned Residential, R-1, as shown in the attached Exhibit C. The following table summarizes the surrounding zoning and land uses: Zoning Land Use North R-1, Residential Single Family Home SouthR-1, Residential Single Family Home West R-1, Residential Single Family Home Board of Adjustment Meeting October 25, 2018 Variance Request #18-93000007 East R-1, Residential Single Family Home Applicable Code Provisions: Section 106-333 8 Uses Minimum Lot Minimum Minimum Yard Setbacks L.F. Maximum 2, 3, 4, 5, 6, 10, 11, 12, 13, 1415 Area/D.U. S.F. Lot Width F.R.S. Height L.F. 6000 50 25-15-5 35 Ft. Single-family detached Analysis: Section 106-192 of the Zoning Ordinance states that the term “variance” represents a deviation from 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 staff’s analysis of those criteria. Criterion: Staff Finding: a.That the granting of the variance will notThe granting of this variance will not be contrary to the public interestadversely affect the surrounding area because it would accommodate a structure of a similar nature. b.That literal enforcement of this chapterThere would be no hardship encoured from will result in unnecessary hardship because the literal enforcement of Chapter 106-333 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 Board of Adjustment Meeting October 25, 2018 Variance Request #18-93000007 from the applicant or property owner's own actions. c. That by granting the variance, the spirit of The spirit would be observed because the this chapter will be observed. variance request is a relief from restrictive setbacks rather than an abolishment of them entirely. This specific request will allow for a minor deviation in the setback requirement and will allow forthe expansion and renovation of a historic home in an established neighborhood. Notice of Public Hearing: Section 106-194 oftheZoning Ordinance stipulatesthevarious requirementsfor publicnotice of the publichearing. 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 circulationten 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. As of the time of this posting, staff hasn’t received any notice responses either “for” or “against” the variance presented The required sign was posted on the site ten days prior to the hearing date. 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 Exhibit C: Zoning Map Public Response: As of the time of this posting, staff hasn’t received a Variance 18-93000007 405 Bay Shore Dr Legend 405 Bay Shore Dr This product is for informational purposes and may not have been prepared for or be suitable for legal purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries 1 inch = 83 feet OCTOBER 2018 PLANNING DEPARTMENT MU Variance 18-93000007 R-2 405 Bay Shore Dr Legend 405 Bay Shore Dr R-1 This product is for informational purposes and may not have been prepared for or be suitable for legal purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries 1 inch = 83 feet OCTOBER 2018 PLANNING DEPARTMENT City of La Porte, Texas Zoning Board of Adjustment October 25, 2018 AGENDA ITEM 4 Special Exception Request #18-94000003 10410 N L St Chase Stewart, Planning Technician Planning and Development Department City of La Porte, Texas Board of Adjustment Meeting October 25, 2018 Special Exception Request #18-94000003 Planning and Development Department Staff Report ISSUE Should the Board of Adjustment approve a request for a special exception by Adrianne Feller, on behalf of Victor G. Rocha, owner;for the property located at 10410 N L St., legally described as TR 441C La Porte Outlots, to allow the applicantto subdivide the 1.0 acre sized parcel into two lots with reduced lot widths and area, in the Large Lot Residential District (LLD). The applicant is requesting a special exception from the ZBOA to allow for a reduction in the minimum lot size andwidthrequirements for property within the large lot zoning district (LLD). This request is permitted in Section 106-191(4),of the La Porte Code of Ordinances. DISCUSSION Applicant: Adrianne Feller, authorized agent and daughter of current property owner. Subject Site: The site is a 1.0acre tract of land located at 10410 N L St. The attached Exhibit B is an area map that shows the location of the property in question. The site is currently occupied by a single- family detatched home on the eastern half of the parcel.The property is located the Lomax residential neighborhood which is comprised of mostly LLD and R-1 zoning districts. The subject parcel is zoned LLD and is directly adjacent to R-1 to the west.Originally, the applicant approached the Planning and Zoning commission with a zone change request and was subsequently offered a recommendation of denial. Members of the Planning and Zoning commission voiced both support for the applicant’s situation and concern for potential alternation of spirit of the Lomax residential neighborhood, with their concerns promoting a vote of denial. Zoning Information: The site is currently zoned Large Lot Residential (LLD), as shown in the attached Exhibit C. The following table summarizes the surrounding zoning and land uses: Zoning Land Use North LLD, Residential Single Family Home Board of Adjustment Meeting October 25, 2018 Special Exception Request #18-94000003 SouthLLD, Residential Vacant West R-1, Residential Single Family Home East LLD, Residential Single Family Home Applicable Code Provisions: Section 106-191 –“Special Exceptions” (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 Analysis: Section 106-191of the Zoning Ordinance states 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 Criterion: Staff Finding: a. That the granting of the special exception The granting of this special exception will not will not be contrary to the public interestadversely affect the surrounding area because it would accommodate a structure of a similar nature. b. That literal enforcement of this chapter Approval of a Special Exceptionis not will result in unnecessary hardship because dependent on proof of a hardship. 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 Board of Adjustment Meeting October 25, 2018 Special Exception Request #18-94000003 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 special exception, The spirit would be observed because the the spirit of this chapter will be observed.special exception was developed specifically for situations such as what is being presented to the Zoning Board of Adjustments Notice of Public Hearing: Section 106-194 oftheZoning Ordinance stipulatesthevarious requirementsfor publicnotice of the publichearing. This special exception included allofthenecessarycode requirements for a public hearing including the following: Notice ofpublic hearingwas posted in thenewspaperof general circulation ten days prior to the date of thehearing. 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. As of the time of this posting, staff hasn’t received any notice responses either “for” or “against” the special exception presented The required sign was posted on the site ten days prior to the hearing date. 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 Exhibit C: Zoning Map 10410 N. L St. L Legend Subject Parcel This product is for informational purposes and may not have been prepared for or be suitable for legal purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries 1 inch = 114 feet 2018 PLANNING DEPARTMENT 10317 10427 18-9 10410 N. L St. L Legend 1978 10426 10330 Subject Parcel 1901 LLD 10430 10410 1910 10426 1905 1906 1974 1912 R-1 1912 19701918 1909 1910 This product is for informational purposes and may not have 1914 been prepared for or be suitable 1913 1966 for legal purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries 1917 1962 1918 1 inch = 112 feet 1958 PLANNING DEPARTMENT 1921 1922