HomeMy WebLinkAbout10-23-1986 Regular Meeting ZBOA
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AGENDA
MEETING OF THE LA PORTE ZONING BOARD OF ADJUSTMENT TO BE HELD
OCTOBER 23, 1986, IN THE COUNCIL CHAMBERS OF THE CITY HALL, 604
WEST FAIRMONT PARKWAY, LA PORTE, TEXAS, BEGINNING AT 7:00 P.M.
1 .
CALL TO ORDER
2.
CONSIDER REQUEST FOR SPECIAL EXCEPTION TO RESIDENTIAL YARD SET
BACK REQUIREMENTS BY MICHAEL AND LAURA HEINZEN, 4921 CREEKVIEW
DISCUSS POWERS, DUTIES AND PROCEDURES FOR BOARD OF ADJUSTMENTS
ADJOURNMENT
3.
4.
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Plarming and Zoning Carrrnision
Sherry Black
P.O. 1115
La Porte, Tx.
9-17-86
Ms. Black,
I was recently infonned that my deck, spa and cover were in violation of
a city zoning code. I would like to appeal this decision to the proper
authorities.
The caver supports v.7ere found to be 4 inches to close to the fence
line according to city code. It was stated that these supports must be
moved for the project to be in accordance with city code.
My total investment in materials and labor is approximately $9000.00
on the entire project. The project is 1/2 day fran completion. To
move the supports as requested would call for major reconstruction of the
entire deck and cover and possibly IIDving the spa itself. The expense of
this type of danolition and reconstruction would be very high. Because of
my initial investment, I would be unable to correct this situation due to
the financial responsibilities.
The structure does not lie on a city easement and does not physically
obstruct the fence line. I can only ask that the structure be allowed
to stand as it is. Please give consideration to the time, expense and effort
which has been put forth.
'Thank you for any consideration which you may be able to give this matter.
Sincerely,
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Michael C. Heinzen
4921 Creekview Dr.
La Porte, Tx. 77571
471-9124
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CREATIVE WOODS
JIM McCREA
4819 PINE
PASADENA, TEXAS 77503
(713) 487-5986
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JOB ADDRESS
NAME
TELEPHONE
. DECKS . GAZEBOS
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THE STATE OF TEXAS
COUNTY OF HARRIS
AFFIDAVIT OF FACTS
I>> the undersigned>> hereby certify that William Frederick Wurst
I am the owner of the property described as Lot Twelve (12)>> Block
Fifteen (15)>> GLEN MEADOWS SUBDIVISION>> SECTION TWO (2)>> as recorded
in the Map Records>> Volume 288>> Page 108>> Harris County>> Texas.
And that my property 1 ies directly next to Michael C. & Laura J.
Heinzen's property being Lot Thirteen (13)>> Block Fifteen (15)>>
and that their recent decking and spa cover in no way extend onto
my property. Also>> that the spa cover is a slatted (or lattice)
cover and does not harm either myself or my property in any way.
We have had substantial rainfall since the cover has been erected>>
and the ra i nfa 11 does not run off into my yard since the cover
does not have a actual roof on it>> only slats. Therefore>> the
rainfall stays in the Heinzen's yard.
I do not object to the decki ng and spa cover stayi ng where it is>>
as it in no way interferes with my interests or extends onto my
property.
~~~~~-~~~
William Frederick Wurst
Subscribed and sworn to before me this
19J!.L.
23rday of
September
>>
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SEAL
Faye Young
Printed name.
Notary Public in and for the
State of Texas.
Gal ve s ton County.
My conmission expires 9-19-88
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CITY OF LA PORTE
INTER OFFICE MEMORANDUM
SUBJECT:
Planning &/~ning
Mark Lewi~
Special exception
Creekview
Board of Adjustments
TO:
FROM:
request by Michael & Laura Heinzen for 4921
DATE:
October 20, 1986
This request is for a special exception to the residential yard
set back requirements for City ordinance 780. Under the terms of this
ordinance, the Board of Adjustments may grant a special exception under
the following conditions.
Section 16-201 (1): [The Board may] permit
such modifications of the height, yard area,
spacing and parking regulations as may be
necessary to secure appropriate development of
a parcel of land of such unusual topography or
restricted area and shape that it cannot be
appropriately developed without such
modification.
The Heinzen's have installed a hot tub and built a gazebo to
cover it. They had this work done without first checking with the
City and securing a permit. As they are presently located the hot tub
and gazebo encroach into a required side yard set back area.
Yard set backs are regulated by Section 13-204 (2) of Ordinance
780-RR.
Side yard: the side yard shall have a
minimum width of five (5) feet... An
accessory building in a rear yard shall
not be closer than three feet to a side
lot line.
Since they are not tied to the house which is the primary
structure on the property, the hot tub and gazebo are considered as an
accessory structure.
The closest side wall of the hot tub is located 34 inches from
the side property line. The support posts for the gazebo are located
22 inches from the same property line. This is a clear encroachment
into a required yard area.
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Page 2 of 2
As noted earlier, the Board may grant a special exception for a
piece of property that "cannot be appropiatly developed without such
modification." It should be noted that there is sufficient available
area to locate a hot tub and gazebo in a location that would conform
to City ordinance requirements. This problem is not due to "unusual
topography or restricted area and shape." It is due simply to the
choice of an inappropriate location.
Under the circumstances, staff must recommend that this special
exception be denied.
ML/sd
cc: John Armstrong, Assistant City Attorney