Loading...
HomeMy WebLinkAbout08-25-11 Zoning Board of Adjustment4 � City of La Porte Zoning Board of Adjustment Meeting Agenda Notice is hereby given of a Regular Meeting and Public Hearings of the La Porte Zoning Board of Adjustment to be held on August 25, 2011, 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 July 28, 2011, meeting minutes. Consider Variance Request #11- 93000007 for the property located at 916 Seabreeze Avenue, further described by the Harris County Appraisal District as Lot 20, Parkway Block of Bay Shore Park, Volume 10, Page 22, Johnson Hunter Survey, Abstract No. 35, La Porte, Harris County, Texas. Richard Sparks, property owner, seeks a variance to reduce the rear building setback from 15' to 13'5" for an existing structure, contrary to the provisions of Section 106 -333, Table B, of the Code of Ordinances. This variance is being sought under the terms of Section 106- 192(b) (2) of the Code of Ordinances. A. Staff Presentation B. Proponents C. Opponents D. Proponents Rebuttal 4. Close Public Hearing 5. Consider Variance Request #11- 93000008 for the property located at 230 South Idaho Street, further described by the Harris County Appraisal District as Lots 26 -29, Block 68, Bay Front to La Porte, Johnson Hunter Survey, Abstract No. 35, La Porte, Harris County, Texas. Rafael Aroca, property owner, seeks a variance to allow construction of a storage building in the side yard, contrary to the provisions of Section 106 -741 of the Code of Ordinances. This variance is being sought under the terms of Section 106- 192(b) (2) of the Code of Ordinances. A. Staff Presentation B. Proponents C. Opponents D. Proponents Rebuttal 6. Close Public Hearing. 7. Administrative Reports 8. Board Comments on matters appearing on agenda or inquiry of staff regarding specific factual information or existing policy 9. Adjourn A quonnn of City Council members may be present and participate in discussions during this meeting: lhowever, 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 seine attendees, requests should be received 24 hours prior to the meetings. Please contact Patrice Fogaity, City Secretary, at 281.470.5019. CERTIFICATION I certify that a copy of the August 25, 2011, agenda of items to be considered by the City of La Porte Zoning Board of Adjustment was posted on the City Hall bulletin board on the day of August, 2011. Shannon Green, Planning Assistant I certify that the attached agenda of items to be considered by the Zoning Board of Adjustment was removed by me from the City Hall bulletin board on the day of 2011. Title: Zoning Board of Adjustment Minutes of July 28, 2011 Members Present Rod Rothermel, Charles Schoppe, Chester Pool, T.J. Walker, Lawrence McNeal (Alt. No 1), and Sherman Moore (Alt. No. 2), Members Absent George Maltsberger City Staff Present Traci Leach, Assistant City Manager; Masood Malik, City Planner; Clark Askins, City Attorney; Shannon Green, Planning Assistant. 1. Call to Order. Vice Chairman Rod Rothermel called the meeting to order at 6:00 p.m. 2. Administer Oath of Office to newly appointed Member; Sherman Moore (Alternate 2). Clark Askins, City Attorney administered the Oath of Office to Board Member Sherman Moore. 3. Consider approval of the April 28, 2011, meeting minutes. Motion by Charles Schoppe to approve the Minutes of April 28, 2011. Second by T.J. Walker. Motion carried. Ayes: Rod Rothermel, Charles Schoppe, Chester Pool, T.J. Walker, Lawrence McNeal (Alt. No 1), Nays: None Abstain: None 4. Consider Variance Request #11- 9300004 and #11- 9300005 for the property located at 3238 & 3242 Andricks Road, further described by the Harris County Appraisal District as being Lots 103 & 104, Block 6, Spenwick Place, Section 1, La Porte, Harris County, Texas. Daun Lambert, on behalf of the property owners, seeks variances to erect a fence at the property line in the front yard setback. These variances are being sought under terms of Section 106- 192(b) (2) of the Code of Ordinances of the City of La Porte. A. STAFF PRESENTATION Masood Malik, City Planner, presented staff's report. Nineteen public hearing notices were mailed to property owners within 200' of the subject property. The City received one response in favor of each variance and one was returned undeliverable. B. PROPONENTS Applicant Daun Lambert, spoke in favor of Variance Requests #11- 93000004 and #11- 93000005. C. OPPONENTS There were none. D. PROPONENTS REBUTTAL There were none. Motion by Chester Pool to approve Variance Request #11- 9300004 and #11- 9300005, for the property located at 3238 & 3242 Andricks to allow a fence to be erected at the property line in the front yard setback. Second by Charles Schoppe. Motion carried. Ayes: Rod Rothermel, Charles Schoppe, Chester Pool, T.J. Walker, Lawrence McNeal (Alt. No 1), Nays: None Abstain: None Zoning Board of Adjustment Minutes of July 28 2011 Page 2 of 3 5. Consider Variance Request #11- 93000006 for the property located at 1445 Sens Road, further described by the Harris County Appraisal District as TRS 1 & 10, Enoch Brinson Survey, Abstract No.5, La Porte, Harris County, Texas. Dan Zoch, on behalf of 1445 Sens Road, L.P., seeks a variance to erect a fence at 5' instead of 20' from the property line in the front yard setback per Section 106 -797 of the Code of Ordinances. This variance is being sought under the terms of Section 106- 192(b) (2) of the Code of Ordinances of the City of La Porte. A. STAFF PRESENTATION Masood Malik, City Planner, presented staff's report. Ten public hearing notices were mailed to property owners within 200' of the subject property. The City received two responses in favor of the Variance. B. PROPONENTS There were none. C. OPPONENTS There were none. D. PROPONENTS REBUTTAL There were none. Motion by Charles Schoppe to approve Variance Request #11- 93000006, for the property located at 1445 Sens Road to allow a fence to be erected at 5' instead of 20' from the property line in the front yard setback. Second by Lawrence McNeal. Motion carried. Ayes: Rod Rothermel, Charles Schoppe, Chester Pool, T.J. Walker, Lawrence McNeal (Alt. No 1), Nays: None Abstain: None 6. Consider Special Exception #11- 94000002 & Variance Request #11- 93000007 for the property located at 501 North 7 Street, further described by the Harris County Appraisal District as Lots 17 -18, Block 101, Town of La Porte, Johnson Hunter Survey, Abstract 35, La Porte, Harris County, Texas. Ed Fendell of Bay Area Habitat for Humanity seeks a 5' exception to the 10' side yard setback requirement on a corner lot and variance for driveway to be placed at 5' in lieu of 25' from an intersection. Special Exception and Variance are being sought under the terms of Sections 106 -191 (2) (b) and 192(b) (2) of the Code of Ordinances of the City of La Porte. A. STAFF PRESENTATION Masood Malik, City Planner, presented staff's report. Nine public hearing notices were mailed to property owners within 200' of the subject property. The City received one response in favor of the Special Exception and one response in favor of the Variance. B. PROPONENTS Edward Fendell, Representative of Habitat for Humanity, spoke in favor of the Special Exception #11- 93000007 and Variance #11- 93000007. C. OPPONENTS There were none. D. PROPONENTS REBUTTAL There were none. Zoning Board of Adjustment Minutes of July 28 2011 Page 3 of 3 Motion by Lawrence McNeal to approve Special Exception #11- 94000002 & Variance Request #11- 93000007, for the property located at 501 North 7 Street to allow a 5' exception to the 10' side yard setback requirement on a corner lot and variance for driveway to be placed at 5' in lieu of 25' from an intersection. Second by T.J. Walker. Motion carried. Ayes: Rod Rothermel, Charles Schoppe, Chester Pool, T.J. Walker, Lawrence McNeal (Alt. No 1) Nays: None Abstain: None 7. Administrative Reports There were none. 8. Board Comments There were none. 9. Adjourn Vice Chairman Rod Rothermel adjourned the meeting at 6:32pm. Submitted by, Shannon Green Secretary, Zoning Board of Adjustment Approved on this day of 2011. Rod Rothermel Vice Chairperson, Zoning Board of Adjustment Ir 11111 - 11 , 1111 EXHIBIT C - SECTION 106-333,, CODE OF ORDINANCES EXHIBIT D - PUBLIC NOTICE RESPONSE (None received as to date) Staff Report August 25,2011 Variance Request #11 -93000007 I e rested by : Richard L. Sparks (Property Owner) Reguested lor Reduction of the rear building setback, Section 106 - 333, Table B, Code of Ordinances. Location 916 Seabreeze Avenue Lot 20, Parkway Block of Bay Shore Park, Johr - rson Hunter Survey, Abstract No, 35, La Porte, Harris County, Teas. oa�i Low Density Residential (R - aek round The subject property is located in the old Town of La Porte and to the cast of the Sylvan Beach Park. Farris County Appraisal District records showy the land area as 15,000 s ft, with two story frame house built in 1974. The property is zoned low -density residential, where a single - family house is a pern use. Required building setbacks are front 25', rear 15 and sides 5'. Section. 106-741 of the City's Code of Ordinances allows accessory buildings, uses, or structures to be located in the rear yard but not in the side yard. However, a detached garage may be permitted in side yard subject to certain provisions oftlre ordinances. Several years ago, the applicant built a 900 square feet garage in a side yard,: Subsequently, the owner applied for a building pernnit to convert the garage structure into a living quarter. The building pern - tit request was decried because no accessory building, use or structure shall be located in the side yard per City Ordinances. The applicant, subsequent to denial of a building permit, applied for a variance to convert existing structure into a living quartet. The Board considered the Valiance Request 411- 93000001 at the March 23, 2011, meeting and denied it. Later on, the applicant divided the property and finnished survey of lot 20, which shows existing structure does not meet the required building setback of 15' in the rear yard. Per attached survey, it is 13.5' wl - deb.. is shy of 1'J2. Analysis Section 106- 192(b)(1), of the Code of Ordinances, defines a variance as a deNationfi -Drag the fiterad provisions of the chapter, i4 is granied by the Board r-i)hen strict conformity to the chapter r-ij uld coarse an unnecessaiJy hardship because of this circumstances unique to the property on ivhich the variance is granted, Except as otherwise prohibited, the board is empowered to authorize a variance from a requirement when the board finds that all of the following conditions have been met. �� That the granting of the variance will not be contrary to the best public interest. Zoning Board ofAdjustment Variance 411-93000007 Page 2 of 2 That literal enforcement of the chapter will result in unnecessary hardship because of exceptional narrowness, shallowness, shape, topography or other extraordinary or exceptional physical situation unique to the specific piece of property in question. "Unnecessary hardship" shall mean physical hardship relating to the property itself as distinguished from a hardship relating to convenience, financial considerations or caprice, and the hardship must not result from the applicant or property owner's own actions, and .*$ That by granting the variance, the spirit of the chapter will be observed. In determining if granting the applicant's request would be contrary to the public interest, Staff recognizes that the subject structure may not create any aesthetic and visual problems with adjoining properties. In reviewing the specific grounds for granting a variance, Staff points out that the condition, as it exists, was the "...result of the applicant or property owner's own actions..." contrary to the provisions of Section 106 -192. Staff does not find any grounds to ,justify "...unnecessary hardship because of exceptional narrowness, shallowness, shape topography, or other extraordinary or exceptional physical situation unique to the property in question." This lot represents a typical example of standard lot size within this neighborhood. The Board's final consideration is whether granting this request observes the spirit of the ordinance. Based on the facts, the applicant's request would be contrary with the spirit of the ordinance. Conclusion: Variance Request ##11- 93000007 to allow existing structure to encroach 1'I2' over the rear building setback line is contrary to the provisions established by the Code of Ordinances. In addition, the parameters for the requested variance do not appear to meet the provisions established by Section 106 -192. While recognizing the circumstances associated with the property, the Board may consider: 0 Allowing an existing structure to encroach 1'l2' into rear setback line (variance granted). Disallow an existing structure to encroach I Y2' into rear setback line (variance denied). Appeals As per Section 106 -196 of the Code of Ordinances of the City of La forte: 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 Govermnent Code Section 211..011, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten days after the filing of the decision in the office of the Board of A justment. CITY OF LA PORTE ZONING BOARD OF ADJUSTMENT 2 8d —S5YY- 4� 7 99- SeA btie:��-C-c Address Phone I am the owner of the herein described property. I have authorized to act on Pq behalf in this matter. Ownej �Ta me Address Phone I am requesting a variance to Sect. /0 of the City Zoning regulations Chapter 106 of the Code of Ordinance. I am requesting this variance for property located at 20 Street Address Lj �,,- T Legal Description (,)Site Plan Minor Development Site Plan ()-Major Development Site Plan General Plan office Use Only Site Plwi and Authorization (if applicable) attached? Yes () No Date transmitted to the Board of Adjustments: Meetirg Date: Applicant Notified of Date: N t sul - r ounding property owners- Date: Board's Decision: Approved () Denied () Notice of Boards Derision mailed to Applicant/OwriLlr: - F.. I �7f. ,E �u LOT 8 FND 1/2 in center all LOT 7 h DB'00"E 50.00 one Story 0 0 Metal BIdq 6 on slob Rt 2 0 0 30-8 �D LOT 20 re) 11021m ID 5/8' I.R. �S 0 v 796 p 1393 per C.L. FENCE LOT 21 1/2 LR_ er 0 ditch SEABREEZE AVENUE (40 R.O.W-) SUMCT To THE Z%= ORDOWICES NOW IN FORCE Search, Not Found Fnd 41 wt)ctl IN THE CITY OF LLB0RM_1EUS. OF A CUSIRENT TITLE REPORT. THE SURVEYOR HAS MN ABSTRACTED THIS PROPOM Post 1.3 NE of fence AND SHALL NOT BE HELD UABLE FOR ANY EASEMENTS AND/OR RESTRICTIONS THAT NOM 6 WOOD FENeE' -BASIS FOR BEARINGS ASSUMED AS PLATTED -DISTANCES SHOWN ARE GROUND DISTANCES THE TERMS, CCNOMONS AND STIPULATIONS OF LA PORTE AREA WATER A"THORITY -ALL ABSTRACTING DONE BY TITLE COMPANY CREATED BY ORDINANCE NO. 1295, A COPY OF WHICH HAS BEEN FILED FOR RECORD AG 0 8 2011 LEGEND U.E. UTILITY EASEMENT ACCORDING TO FLOOD INSURANCE RATE MAP 4 B 2 0 1 C 0 9 4 5 ALE UNOBSTRUCTED AERIAL EASEMENT 18-2()07 THIS TRACT HEREBY SURVEYED LIES WITHIN ZONE 0 = ) AND is NOS IN THE 100 YEAR FLOOD PLAIN. THIS C.I.R. CAPPED IRON ROD O ( AS PER RECORDED Pt AT OF SUBDIMSION) THE ABOVE REFERENCED MAP AND IS FOR FLOOD INSURANCE RATES 0 ONLY AND NOT INTENDED TO IDENTIFY SPECIFIC FLOODING CONDITIONS. Q LOT! 20 BLOCK: LIj BATESCONSULTANTS 0 0 LOT 19 -CD SUBDIVISION 1p rr) FA-Xi-a66-521-7411 PARKWAY BLOCK OF �0 BatesSLwveys@yahoo.com rq CHAR 7 BAY SHORE PARK FND 1/2 in center all LOT 7 h DB'00"E 50.00 one Story 0 0 Metal BIdq 6 on slob Rt 2 0 0 30-8 �D LOT 20 re) 11021m ID 5/8' I.R. �S 0 v 796 p 1393 per C.L. FENCE LOT 21 1/2 LR_ er 0 ditch SEABREEZE AVENUE (40 R.O.W-) SUMCT To THE Z%= ORDOWICES NOW IN FORCE NOTE:.. THIS SURVEY WAS CONIDUCIIED AT THE OWNUM REQUEST WITHDIIJr THE BENEFTT IN THE CITY OF LLB0RM_1EUS. OF A CUSIRENT TITLE REPORT. THE SURVEYOR HAS MN ABSTRACTED THIS PROPOM AND SHALL NOT BE HELD UABLE FOR ANY EASEMENTS AND/OR RESTRICTIONS THAT NOM A GURRENT TITLE REPORT WOULD SHOW -BASIS FOR BEARINGS ASSUMED AS PLATTED -DISTANCES SHOWN ARE GROUND DISTANCES THE TERMS, CCNOMONS AND STIPULATIONS OF LA PORTE AREA WATER A"THORITY -ALL ABSTRACTING DONE BY TITLE COMPANY CREATED BY ORDINANCE NO. 1295, A COPY OF WHICH HAS BEEN FILED FOR RECORD UNDER HAMS COUNTY CLERK'S FILE NO L-826773. LEGEND U.E. UTILITY EASEMENT ACCORDING TO FLOOD INSURANCE RATE MAP 4 B 2 0 1 C 0 9 4 5 ALE UNOBSTRUCTED AERIAL EASEMENT 18-2()07 THIS TRACT HEREBY SURVEYED LIES WITHIN ZONE BL BUILDiNO LINE = ) AND is NOS IN THE 100 YEAR FLOOD PLAIN. THIS C.I.R. CAPPED IRON ROD STATEMENT IS BASED ON SCALING THE LOCATION OF SAIL] SURVEY ON ( AS PER RECORDED Pt AT OF SUBDIMSION) THE ABOVE REFERENCED MAP AND IS FOR FLOOD INSURANCE RATES WO WOW FENCE LINK FENCE LINK ONLY AND NOT INTENDED TO IDENTIFY SPECIFIC FLOODING CONDITIONS. DEVELOPNTENT LOT! 20 BLOCK: 0 F BATESCONSULTANTS 1110 E. LAMBUTK DEER PARR, TEXAS 77536 SUBDIVISION 1p 281-479-5823 FA-Xi-a66-521-7411 PARKWAY BLOCK OF BatesSLwveys@yahoo.com CHAR BAY SHORE PARK 4110 BORROWER- RICHARD L. SPARKS RECORDING S UR 4 VOL. 10 PG_ 22 M/R ADDRESS: 916 SEASREEZE AVENUE SURVEY & ABSTRACT THE UNDERSIGNED HER CER11FIES THAT THI HEREBY SCALE: _- D ATE: D WN, DRAW JOHNSON HUNTER SURVEY, A-35 SURVEY WAS MADE ON THE GROUND UNDER MY 7E SUPERVISION, MID MS PLAT REPRESENTS 4-5-2011 D6 3 ] THE FACTS NO AT THE TI THE SURVEY. CITY COUNTY STATE Zo G.F. NUMBER JOB NO- - NOT FURNISHED 2-011-1026 LA PORTE HARRIS TEXAS ARLES E SATES CH REGISTERED PROFESSIONAL LAND SURVEYOR NO 4110 ml '7)-f 7 ;�71 ,v ;J)do.) WIPdo.) EBV.F 3 12011 s Gk A ver t ZONING Seca. 106-333, 'sable B, residential area requirements. (a) Table B, residential area requirements. 106 -3P33 Single- family special let line, 0 4500 40 20 -10 -0 35 Ft; 7300 Footnote 711axi- lest line: Mini- 6.0 # 1 mum Manufactured housing.. 4500 40 ?77zz a 25 Ft. DU /A Footnote Lot Duplexes 6000 60 Yard 45 Ft. 8.0 lkfini- Cover- Setbacks Alini- mum age / Single - family conlrerted to Ifini- 50 LY 35 Ft. MU77 Develop- illini- multifamily mum. klini- F .S. Site ment mum Townhouses, quadraplexes Lot mura v, 3, 4­5, 45 Ft. Areal Open. Land - (10,000 s.f of site area 100 ft. Area/ Lest s, 10, 1waxi- Unit Space / scapi.ng Uses D. U. Width 11, n z.3, mum S.F. Unit Required s SY L.F, 1 i, 16 freight 7 S,F, s, 1,9 Single- family dr tacked 6000 50 25-15 -5 35 Ft. 0100 — 40°loiNiA 4,8 DU /A ,Single - family large lot 43560 90 25 -15 -5 45 Ft. 43560 — 40 %/N /A 1.0 DU /A Single- family special let line, 0 4500 40 20 -10 -0 35 Ft; 7300 Footnote 60 %/N /A' lest line: 6.0 # 1 Manufactured housing.. 4500 40 20 -10 -5 25 Ft. DU /A Footnote 60 0 /c/6 %a Duplexes 6000 60 25 -20 -20 45 Ft. 8.0 Footnote 60 /tai' DU /A # 1 Single - family conlrerted to 6000 50 20 -10 -5 35 Ft. N/A N/A 50Ta/N /A I multifamily front Townhouses, quadraplexes 2000 20 25 -20 -20 45 Ft. 4400 Footnote 75 11 /c/25% (10,000 s.f of site area 100 ft. frontage 10.0 # 1 wide) 25 -20-10 25 Ft. DU /A 1'1'!1-1. N /A/6% Multifarnily 20000 100 25 -20 -20 45 Ft. 1600 Footnote 60afo/25% 8upp. No. 13 CD I D6 47 FYI-! # D 14 #1 DU /A Manufactured housing.. 4500 40 20 -10 -5 25 Ft. 7300 Footnote 60 0 /c/6 %a 6.0 #1 DU /A. Manufactured housing subdivi- 100 of NIA N/A N/A N/A N- /A/N /A sion or parks (5 acre min.) front road frontage Group care facilities (less than 25 -20-10 25 Ft. N/A 1'1'!1-1. N /A/6% 6) and day care homes 8upp. No. 13 CD I D6 47 FYI-! # D f`' I EXHIBITS: wom" lalto' -\! \; 1111W.-W Staff Report August 25,2011 Variance Request #11-93000008 Rtqyested by: Rafael A. Aroca (Property Owner) Requested for: Construction of a storage building in the side yard, Section 106-741, Code of Ordinances Location: 230 S. Idaho Street, Lots 26-29, Block 68, Bav Front to LaPorte, Johnson Hunter Survey, Abstract No. 35, La Porte, Harris County, Texas. Zn nin Low Density Residential (R-1) Bacjjg Porte g round: The subject property is located in the old Town of La Po e and one block south of East Main Street. Harris County Appraisal District records show the land area as 12,500 sq. ft. with a frame house built in 1948. On August 18, 2008, a building permit was issued for demolition of a building at front. The property is zoned low-density residential, where a single-family house is a permitted use. Required building setbacks are front 25', rear 15', and sides 5'. Per Ordinances, any accessory buildings, uses and structures shall not exceed 15' in height, shall be 3' or more from all lot lines, shall be 6' or more from any other building or structure oil the same lot, and shall not be located upon any utility easement. Section 106-741 of the City's Code of Ordinances allows accessory buildings., uses, or structures to be located in the rear yard but not in the side yard. The applicant intends to build a 12'x24' storage building in the side yard. The building perrilit request was denied because no accessory building, use or structure shall be located in the side yard per City Ordinances, Here, one story wood frame building on blocks is located in the far back leaving no rear yard to this house. The applicant wants to build a storage building in the side yard on lots 28 & 29. Late on, he has a plan to build a new house in the front portion, eventually, this storage building will be III the rear yard and be incompliance with the current regulations. Analysis: Section 106-192(b)(1), of the Code of Ordinances, defines a Iw•iance as a deer o ion ftono the literal proWsions q1' the chapter, I , i)hich is granted by the Board 11 , ' hell striCt coq1brinity to the chapter ivould cause an unnecessafy hardshp because qf the eircuinstances unique to the proj)erly on ii)hich the iwrionee is g7wnted Except as otherwise prof - ribited, the board is empowered to authorize a variance from a requirement when the board finds that all of the following conditions have been met. That the arantirip, of the variance will not be contrary to the best public interest. granting Zoning Board of A.cljustanent Variance #11-93000008 Page 2 of 2 That literal enforcement of the chapter will result in unnecessary hardship because of exceptional narrowness, shallowness, shape, topography or other extraordinary or exceptional physical situation unique to the specific piece of property in question. "Unnecessary hardship" shall mean physical hardship relating to the property itself as distinguished from a hardship relating to convenience, financial considerations or caprice, and the hardship must not result from the applicant or property owner's own actions; and That by granting the variance, the spirit of the chapter will be observed. In determining if granting the applicant's request would be contrary to the public interest, Staff recognizes that the subject stiucture may not create any aesthetic and visual problems with adjoining properties. In reviewing the specific grounds for granting a variance, Staff points out that the condition, as it exists, was the "...result of the applicant or property owner's own actions..." contrary to the provisions of Section 106 ®192. Staff does not find any grounds to justify "...unnccessaty hardship because of exceptional narrowness, shallowness, shape topography, or other extraordinary or exceptional physical situation unique to the properly in question." This lot represents a typical example of standard lot size within this neighborhood. The Board's :final consideration is whether granting this request observes the spirit of the ordinance. Based on the facts, the applicant's request would be contrary with the spirit of the ordinance. C onclusion: Variance Request #11- 93000008 to allow storage building in the side yard is contrary to the provisions established by the Code of Ordinances. hi addition, the parameters for the requested variance do not appear to meet the provisions established by Section 106 -192. While recognizing; the circumstances associated with the property, the Board may consider: a Allow construction of a storage building in the side yard (variance granted). a Disallow construction of a storage building in the side yard (variance denied). A teals As per Section 106 -196 ol'the Code of Ordinances of the City of La Forte: Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adiustin.ent, or any taxpayer, or any officer, department, board or bureau of the city may present to a court of record a petition for a writ of certiorari, as provided by V.T.C.A., Local Government Code Section 211.011, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten days after the filing of the decision in the office of the Board of Adjustment. CITY OF N PORTE ZONTNTG BOARD OF ADJUSTMENT Applicant: W Na me Address Em I am the owner of the herein described property. I have authorized to act on my behalf in this matter. -I CR O)Vnei - *: N2 MC r;m- I am requesting a variance to Sect. of the City Zoning regulations Chapter 106 of the Code of Ordinance. 5—C I am requesting this variance for property located at 625 o Street eru r Legal De Site Plan Minor Development Site Plan 0 Major Development Site Plan General Plan A Site Plan of the property is attached. Also, I have listed the information requested 1)e1ow on the following pages of this form. a) All facts concerning the matter that has led up to this request. b) The type of relief I am seeking (setbacks, lot coverage, etc.). c) The grounds upon which I am making this request. If applicant is NOT the owner, he must provide Authorization to act on the Owner's behalf. —V Q 1A ateLo �Ap Iii c a n V s Office Use Only Site Plan and Authorization (if applicable) attached? Yes () No Date transmitted to the Board of Adjustments: Meeting Date: Applicant Notified of Date: Notice to surrounding property owners- Date: Phone Board's Decision: Approved () Denied ( ) Notice of Boards Derision mailed to Applicant/Owner- _ I IM r 4 A p ( ` } \ n vl- �o k�o rk �,& S \CPShzeeUNISPECTION DIVISIOMSl and itrd Forms\ZONINC BOA IZD VARJANCF.dac REVISION 10/21163 GL OAIA L OBO *LL MY 00MMISMON EKPIFIES y, JUG i, 016 Rafael Aroca 232 S. Idaho: LaPorte, TX 77571 281-702-9791 Ref. Permit • build a garage on Lots 28 & 29 1, Rafael A-roca hereby certify that I am the owner of lots 26,27,28,29 Blk 68 Bayfron to LaPorte. I own a house on lot 26 & 27 but this house was damaged by hurricane IKE due to levels. Next year I am, plaxming to demolish this house and build a new one to correct this levels for ftiture floods, A/ At this time I want to start building the � lots 28 & 29 before building the house. If further information is needed, please let me know. EMPIT LOT 16 Lor 15 LOT i� 5EAP-A:- NOT FOL F CWL FENC-E I .55'5 a Lolr of= C LOT 2� Lf) CA z LOT 3C C� fS )DIT - 9 EXHIP TZ ( J7 - 27 t 0 `�--�' `_ _ I 3 �� � �J § 106-741 L PORTE CODE See. 106-741. General provisions. (a) No accessory buildings, uses or structures shall be erected or located in any required yard other than the rear yard except: (1) A detached private garage as defined, may be permitted in side yards, provided, a. It complies with all the requirements of this section; b. It shall be five feet or more from side lot lines, and C. The side yard does not abut a street right-of-way. (2) Accessory buildings built on a skid foundation, no larger than 120 square feet and no more than one story in height may be located in utility easements in required rear yards, except that they may not be located closer than three feet from a side or rear property line or closer than sLy feet from any other structure. (b) Accessory buildings, uses and structures shall not exceed 15 feet in height, shall be three feet or more from all lot lines, shall be six feet or more from any other building or structure on the same lot, and shall not be located upon any utility easement. (c) Private garage structures with vehicular access doors facing public alleys, as defined in the public improvement construction policy and standards, shall be 20 feet or more from the alley right-of-way. Detached garages located in rear yards of corner lots shall be set back a minimum ten feet from the property line abutting the side street right-of-way. (d) Detached private garages, as defined, may be 20 feet in height, of the height of the principal structure, whichever is less. - (1) Generally. No accessory building, or carport garage for single-family dwellings shall occupy more than 25 percent of a rear yard, nor exceed 1,000 square feet of floor area. (2) Large lot residential only. Accessory buildings in single-family residential large lots may not exceed 2,000 square feet of floor area. Accessory buildings with a floor area in excess of 1,000 square feet must be located at least 30 feet from any property line and 30 feet behind the rear of the primary structure. (f) No permit shall be issued for the construction of more than one detached private garage or carport structure for each dwelling. (g) Wind generators, for producing electricity or other forms of energy shall not be located in any yards other than the rear yard and must be set back 150 feet from all property Lines or the height of the structure, whichever is greater, EXHIBIT. C A Meeting of the La Porte la inn & Zoning Commisirle (Type of Meeting) Scheduled for August 25, 2011 (Date of Meeting) to Consider f _J A LJ G 1 V Variatice Request #11-93000008 (Type of Request) I have received notice of the above referenced pubhc hearing. I am ill FA)TOR of granting this requyst for the following reasons: I - T] 0 ZT 65' PRV)ILEH tl, L)0 I am OPPOSED to granting this request for the foEowing reasons: me (please plint) Si J4, .. y ddres 0 ZZ City, State, dip