HomeMy WebLinkAbout11-29-12 Special Called Meeting of the Zoning Board of AdjustmentCity of La Porte Zoning Board of Adjustment Meeting Agenda
Notice is hereby given of a Special Called Meeting of the La Porte Zoning Board of Adjustment to be
held on November 29, 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 August 23, 2012, meeting minutes.
Consider Variance Request #12-93000007 for the property located at 101 Strang Road,
further described as 10 acre tract of land TR 13D-3, STAASHEN, situated in the Enoch
Brinson League Survey, Abstract No. 5, La Porte, Harris County, Texas. The applicant seeks
a variance to allow a 50' wide driveway with a 25' radius along Strang Road to remain in place
contrary to the provisions of Section 106-835 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.
A. Staff Presentation
B. Proponents
C. Opponents
D. Proponents Rebuttal
4. Consider Variance Request #12-93000008 for the property located at 100 Park Drive, further
described as Lots 11-14, Block 8, Sylvan Beach Subdivision, Johnson Hunter Survey,
Abstract No. 35, La Porte, Harris County, Texas. The applicants seek a variance to allow a
fence to be constructed in the front yard setback contrary to the provisions of Section 106-791
of the Code of Ordinances. The variance is being sought under the terms of Section 106-192
(b) (2) (b) 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 November 29, 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 August 23, 2012
Board Members Present: Chester Pool, Charles Schoppe, George Maltsberger, Rod Rothermel,
and Sherman Moore (Alt 2)
Board Members Absent: T.J. Walker, Lawrence McNeal (Alt 1)
City Staff Present: City Planner, Masood Malik; Assistant City Attorney, Clark Askins; and
Office Coordinator, Peggy Lee
1. Call to Order.
Chairman George Maltsberger called the meeting to order at 6:00 p.m.
2. Consider approval of the July 26, 2012, meeting minutes.
Motion by Rod Rothermel to approve the July 26, 2012, meeting minutes. Second by Charles
Schoppe. Motion carried.
Ayes: Chester Pool, Charles Schoppe, George Maltsberger, Rod Rothermel, Sherman
Moore
Nays: None
3. Consider Variance Request #12-93000005 for the property located at 222 South "Y" Street,
further described as Lot 9, Block 2, Oakhurst Subdivision, W.P. Harris Survey, Abstract 30, La
Porte, Harris County, Texas. The applicants seek to allow construction of a one car garage for
a single family dwelling, contrary to the provisions of Section 106-834 (f) of the Code of
Ordinances. The variance is being sought under the terms of Section 106-192 (b) (2) (b) of the
City's Code of Ordinances.
A. Staff Presentation
City Planner Masood Malik presented the staff report.
Public hearing notices were mailed to 26 property owners within 200' of the subject
property. The City received one (1) response in favor of the request and three (3) opposed.
B. Proponents
The applicant, Walt Saldivar of 3115 Bayou Drive, was sworn in by Chairman Maltsberger.
Mr. Saldivar requested a variance for a one -car garage because at the time he purchased the
4,000 SF lot, he was unaware of the code requirement for a two -car garage. Mr. Saldivar
stated there are no other homes on the street with garages, one or two -car, so a one -car
garage would not seem unusual. He noted the house he plans to build has been designed to
meet all other City requirements.
Zoning Board of Adjustment
Minutes of August 23, 2012
Page 2 of 5
Catherine Focke, 111 S. Y Street, was sworn in by Chairman Maltsberger. Ms. Focke
responded to Mr. Saldivar's comment about there not being garages at any of the homes
along the street. Ms. Focke stated there are ten (10) residences, three (3) of which have
single car garages: her house, Freddie Tucker's house across the street, and her brother's
house at 102 S. "Y," which has a one -car garage and a carport. She stated the house
proposed by Mr. Saldivar would upgrade the neighborhood and be a definite improvement
to the street.
C. Opponents
There were no opponents.
D. Proponents Rebuttal
There were no proponent's rebuttals.
Mr. Malik responded to questions from the Board.
Motion by Rod Rothermel to approve Variance Request #12-93000005, for the property located
at 222 South "Y" Street to allow construction of a one -car garage for a single-family dwelling.
Second by Sherman Moore. Motion failed for lack of the four (4) votes required to decide in
favor of the applicant.
Ayes: Rod Rothermel, Charles Schoppe, Sherman Moore (Alt 2)
Nays: Chester Pool, George Maltsberger
Assistant City Attorney Clark Askins read into the record, Section 106-196 of the Code of
Ordinances: Appeals from the Board of Adjustment.
Motion by Sherman Moore to reconsider Variance Request #12-93000005 at a later date.
Second by Rod Rothermel. Motion carried.
Ayes: Sherman Moore (Alt 2), Rod Rothermel, Charles Schoppe (Alt 2)
Nays: Chester Pool, George Maltsberger
4. Consider Variance Request #12-93000006 for the property located at 912 Robinson Road,
further described as Lots 410-412, Block 11, Battleground Estates, Section 2, La Porte Outlots,
Enoch Brinson Survey, Abstract No. 5, La Porte, Harris County, Texas. The applicant seeks a
variance to allow a fence erected in the front yard setback to remain in place contrary to the
provisions of Section 106-791 of the Code of Ordinances. The variance is being sought under
the terms of Section 106-192 (b) (2) (b) of the City's Code of Ordinances.
A. Staff Presentation
City Planner Masood Malik presented the staff report.
Zoning Board of Adjustment
Minutes of August 23, 2012
Page 3 of 5
Public hearing notices were mailed to 16 property owners within 200' of the subject
property; no responses were received.
B. Proponents
The applicant, Samantha Chaplain of 912 Robinson Road, was sworn in by Chairman
Maltsberger. Ms. Chaplain requested a variance to allow a fence, erected within the front
yard setback, to remain in place. When she purchased the house 3-4 years ago, the existing
chain link fence running the entire length of the front yard was grandfathered. According to
Ms. Chaplain, the fence, which was originally constructed in 1976, was dilapidated. Ms.
Chaplain was unaware she could not repair/replace the fence or that a permit was required.
She noted the fence is needed to ensure the safety of her two young children from heavy
traffic along Robinson Road. An uncontrollable flea problem from livestock on the property
adjoining the rear of the property prevents the children from playing in the backyard.
Amy Pearson, 10911 San Jacinto Drive, was sworn in by Chairman Maltsberger. Ms. Pearson
addressed the Board in favor of the variance request, citing speeding traffic concerns.
Gwen Arredondo, 11025 Monument, was sworn in by Chairman Maltsberger. Ms.
Arredondo spoke, neither in favor nor in opposition to the request. She wanted to make the
Board aware that the resident at 805 Santa Anna was required to remove a three-foot (3')
vinyl fence that was installed without a permit, approximately one year ago.
C. Opponents
There were no opponents.
D. Proponents Rebuttal
There was no proponent's rebuttal.
Mr. Malik responded to questions from the Board.
Motion by Chester Pool to approve Variance Request #12-93000006, for the property located at
912 Robinson Road to allow a fence erected in the front yard setback to remain in place.
Second by Charles Schoppe. Motion carried.
Ayes: Chester Pool, Charles Schoppe, George Maltsberger, Rod Rothermel,
Sherman Moore
Nays: None
Assistant City Attorney Clark Askins read into the record, Section 106-196 of the Code of
Ordinances: Appeals from the Board of Adjustment.
5. Consider Appeal of the Enforcement Officer's Decision #12-95000002 for the property located
at 1911 West Main Street, further described as Lots 5-9, 11-28, TRS 4, 10, 29, Block 727, Town
of La Porte, Johnson Hunter Survey, Abstract 35, La Porte, Harris County, Texas. The applicant
Zoning Board of Adjustment
Minutes of August 23, 2012
Page 4 of 5
is seeking approval to erect an off -premise advertising sign within 1,000 ft. of an existing sign,
which is prohibited per Section 106-875 (h) of the Code of Ordinances. The appeal is being
sought under the terms of Section 106-89 (3) of the City's Code of Ordinances.
A. Staff Presentation
City Planner Masood Malik presented the staff report.
Public hearing notices were mailed to four (4) property owners within 200' of the subject
property; no responses were received.
B. Proponents
The applicant, Brett Gilbreath of 601 Park Lane, was sworn in by Chairman Maltsberger.
Mr. Gilbreath provided Board members with a packet of information relevant to the
request. At issue is the radial spacing standard he believes La Porte has only recently begun
to use to determine spacing for off -premise signs. According to Mr. Gilbreath, the highway
department and other cities he has worked with use a linear measurement on the same side
of the roadway. Mr. Gilbreath used Google Earth to locate five (5) existing signs in La Porte
located closer than 1,000 feet from other off premise signs.
Gus Brieden, 222 Bayshore, was sworn in by Chairman Maltsberger. Mr. Brieden owns the
property where the sign would be located. Mr. Brieden stated he had visited local
businesses and collected responses favoring the request.
C. Opponents
Larry Haller, business owner at 122 S. 17t" Street, was sworn in by Chairman Maltsberger.
Mr. Haller opposes any city approval that would allow the property owner to profit from
leasing a sign when his property has not been developed properly.
D. Proponents Rebuttal
There was no proponent's rebuttal.
Mr. Malik responded to questions from the Board.
Motion by Sherman Moore to uphold the decision of the Building Official to disallow an off -
premise advertising sign to be erected on the property located at 1911 West Main Street, within
1,000 ft. of an existing sign. Second by Chester Pool. Motion carried.
Ayes: Sherman Moore, Chester Pool, Charles Schoppe, George Maltsberger, Rod
Rothermel
Nays: None
Assistant City Attorney Clark Askins read into the record, Section 106-196 of the Code of
Ordinances: Appeals from the Board of Adjustment.
Zoning Board of Adjustment
Minutes of August 23, 2012
Page 5 of 5
The Board directed staff to work with the Planning and Zoning Commission to determine
whether the intent of the ordinance is for all off -premise signs to be spaced at intervals of not
less than 1,000 feet by radial measurement, and if so, should verbiage be added to the
ordinance for clarification.
6. Administrative Reports
Mr. Malik reported the model home at Lakes at Fairmont Greens should be complete by September
15Y, and several new coffee shops are opening in town.
6. Board comments on matters appearing on agenda or inquiry of staff regarding specific factual
information or existing policy.
Chairman Maltsberger suggested additional training to ensure the Board is aware of specific
criteria that must be followed when considering requests. Rod Rothermel spoke on the
importance of maintaining the spirit of the Zoning Ordinance.
7. Adjourn
Motion by Sherman Moore to adjourn. Second by Rod Rothermel. Motion carried. Chairman
Maltsberger adjourned the meeting at 7:35 pm.
Respectfully submitted,
Peggy Lee
Secretary, Zoning Board of Adjustment
Passed and Approved on August 23, 2012.
George Maltsberger
Chairman, Zoning Board of Adjustment
VARIANCE REQUEST
# 12-93000007
FOR
101 STRANG ROAD
EXHIBITS:
STAFF REPORT
APPLICATION FOR VARIANCE
EXHIBIT A - AREA MAP
EXHIBIT B - SITE PLAN
EXHIBIT C - SECTION 106-835, CODE OF ORDINANCES
EXHIBIT D - PUBLIC NOTICE RESPONSE
Staff Report November 29, 2012
Variance Request #12-93000007
Requested by: Will Connell, GIS Properties Houston, LLC.
Requested for: A 50' wide driveway with 25' radius
Location: 101 Strang Road, TR 13D-3, STAASHEN
Zoning: Heavy Industrial (HI)
Background: The subject property is located at the edge of the City limits of La Porte
adjacent to the DuPont Industries. Strang Road, a 60' wide Harris County
right-of-way, is a two lane road primarily used for the plant entrance near the
interchange of State Highway 146 and 225. Last year, the City received a
development site plan for the Gulf Intermodal Services facility to be located
at 101 Strang Road. The project consists of one-story 7,000 square foot
office building, employee parking and tractor/trailer parking lot. The facility
has two driveways, southern drive for employees and northern drive
primarily for the use of tractors/trailers.
The City's Code of Ordinances allows a driveway width maximum up to 40'
and turning radius up to 15' for industrial zoning districts. Upon inspection,
staff noticed a 50' wide driveway not a 40' driveway as shown on the
approved site plan, which is in violation of the provision of Section 106-835
of the Code of Ordinances. The applicant was notified of the violation and
responded with a request for variance to allow 50' wide driveway with 25'
radius to remain in place.
Analysis: Section 106-192(b)(1), of the Code of Ordinances, defines a variance as a
deviation from the literal provisions of the chapter, which is granted by the
Board when strict conformity to the chapter would cause an unnecessary
hardship because of the circumstances unique to the property on which 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.
Board of Adjustment
November 29, 2012
412-93000007
Page 2 of 3
❖ 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.
Regarding this request, the relief being sought to:
• Allow a 50' wide driveway with 25' radius to remain in place.
The applicant has consulted two engineering firms, which have
recommended a 50' driveway with 25' radius for the safe operations of the
facility. Disadvantages of a 40' wide driveway with 15'radius include:
• Insufficient width for two way traffic as truck and trailer will end up
pulling into an opposite lane before entering the property
• Trucks not able to safely enter and exit the facility.
• Cause unnecessary safety risks and potential for temporary traffic
problems.
The main access to the facility is along Strang Road, a 20' wide asphalt
roadway. A wider driveway with broader radius along this narrow two lane
roadway would allow traffic to directly enter the facility and provide the
width and depth necessary to easily enter/exit the property via Strang Road.
In addition, this part of town is surrounded by the Battleground Industrial
District to the north and west, State Highway 146 North to the east, and State
Highway 225 to the south.
In determining if granting the applicant's request would be contrary to the
public interest, staff recognizes that construction of this driveway may not
create a problem with the adjoining properties. Surrounding properties are
basically industrial in nature and may not be impacted with this
development. DuPont Industries located to its north, is a major supplier of
building and construction materials, maintenance supplies, chemicals, and
consumer goods. While, Praxair is a provider of industrial gases including
atmospheric, process and specialty gases.
Board of Adjustment
November 29, 2012
412-93000007
Page 3 of 3
Conclusion:
In viewing the specific grounds for granting a variance, however, staff points
out that the condition, as it exists, "...is the result of the applicant or property
owner's own actions..." contrary to the provisions of Section 106-192.
However, staff finds no grounds to justify "...unnecessary hardship because
of characteristics unique to the property, such as exceptional narrowness,
shallowness, shape, topography, or other extraordinary or exceptional
physical situation unique to the property in question." Staff does find that
the narrow cross-section of the abutting public roadway, justifies design
accommodation.
The Zoning Board of Adjustment's final consideration is whether granting
this request observes the spirit of the ordinance. Based on the facts noted in
this report, the applicant's request may not be contrary with the spirit of the
ordinance, and may promote the health, safety and welfare of the general
public.
The application merits review by the Board based upon the parameters set by
the Ordinance.
The Board may consider:
➢ Granting the variance and allowing the 50' wide driveway with 25'
radius to remain in place.
➢ Denying the variance thereby causing reconstruction per the
approved site plan.
Appeals: As per Section 106-196 of the Code of Ordinances of the City of La Porte;
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 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 EGA P ORTE
ZONING BOARD OF AIDJITS' MENT
VARIANCE REQUEST
Application No.:
OFFICE USE ONLY: Fee. $I50.00 Date Received:
Receipt No.:
Note: This Fee is Non -Refundable Regardless of the Board's Decision
Applicant: ��`I Ca:tiraref 3-•L S ��c�4 A`Ps - 4Vo, f , .Jf �� c
Name
Address Phone
I am the owner of the herein described property. 1 have authorized
to act on nny behalf in this matter,
Owner*:
Name
Address
Phone
I am requesting a variance to Sect. Jt6 — ?35'-of the City Zoning regulations Chapter 106 of the
Code of Ordinance.
I aria requesting this variance for property located at _ r C�:'�`D� ef- vc(' ;
Str et Address
if Legal Description
Gv 0JP I - : �� 4 e- Y),,- IJ I,
Site Plan () Minor Development Site Plan
{) Major Development Site Plan () General Plan
A Site -Plan of the property is attached. Also, I have listed the information requested below on the
following pages of this farm.
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.
21 /2-, /a/v fc
Date Applicant's Signature
Office Use Only
Site Plan Fnd Authorization (if applicable) attached? Yes () No { )
Date transmitted to the Board of Adjustments:
Meeting D ate:
Applicant Notified of Date:
Notice to surrounding property owners- Date:
Board's Decision: Approved () Denied ()
Notice of Boards Decision mailed to Applicant/Owner: -
Type of relief being sought:
We are seeking a variance to allow a 50' wide driveway with a 25' radius for our primary facility
entrance. Section 106-835 of the City Zoning regulations allows for a maximum width on industrial
driveway of 40' with a radius of 15'.
The grounds for the request:
• We have had the primary entrance to our facility on Strang Road reviewed by two different
engineering firms, ETI from Memphis, and Jones & Carter from Houston. Both firms recommend
that a 50' driveway is needed with a 25' radius to safely enter the property from Strang Road.
o See attached drawings for reference to the facility
■ Drawing one shows where a truck and trailer will end up on a 40' driveway
• Drawing two shows where a truck and trailer will end up on a 50' driveway
• Strang road is a 2 lane road and restricting the driveway width and radius further than
requested, will encourage a driver to pull into the opposite lane before entering the property.
Also as you can see from drawing one, if you pull into the facility with the 40' driveway, the
truck ends up in the exit lane from our facility. If we have a truck trying to exit our facility, we
are concerned that another truck will not be able to safely make the turn to enter the facility.
We feel that both of these situations create unnecessary safety risks which are alleviated with a
larger driveway.
• Our facility is zoned heavy industrial and is located at the end of the La Porte City limits— no
additional La Porte property is located beyond our facility or directly across Strang Road as this
is Harris County.
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ZONING
FIGURE 10-2
CURB AND DRIVEWAY CRITERIA, RESIDENTIAL DISTRICTS
(R-1, R-2, R-3, MH)
Driveway
Requirements
Drive width
12' to 25'
Curb return radius
2' to 5'
Distance from intersection
25'min,*
Spacing, between driveway
10' min.
Distance from side lot line
Xmin.
Intersecting angle
90
Approach grade
5% max,
For concrete drives only:
a. Material
Min. 4" thickness
w/ 6x6-6/6 WW.M.
b. Expansion joint
At property line
c. Curb (if applicable)
Curb disappearing at
property line
Obstruction clearance
Min. 3'from poles,,
hydrants, etc.
§ 106-835
This distance shall be measured from the intersection of property lines common with street
right-of-way lines.
FIGURE 10-3
CURB AND DRIVEWAY CRITERIA
COMMERCIAL AND INDUSTRIAL DISTRICTS
Driveway Criteria
Requirements
Commercial
Industrial
Drive width
20' to 25'
30' to 40'
Curb return radius
10' to 15'
10' to 15'
Distance from intersection
40'*
40'min.*
Spacing between driveways
40'min.
40'min.
Number of accesses
1J80'; 2/150'
1/80'; 2/150'
% of property frontage
40%
40%
Intersecting angle
90
90
Approach grade
5% max.
5% max.
Expansion joint
At prop. line
At prop. line
( 0114" � AS .... . .. .
Jim
417 V V 18005 E. Highway 225 La Porte, TX 77571
City of La Porte
Planning Dept.
604 West Fairmont Parkway By
La Porte, Texas 77571
Attention-, Mr. Masood Malik, City Planner
Re. Zoning Board of Adjustment
Variance Reguest for Gulf Intermodal SUtems
FUNIINVI "M ,
i) This section of Strang Road is not a through roadway
2) Strang Road here is fairly narrow
3) There is a very limited number of businesses on this road
4) None of those businesses are beyond the GIS property ,
5) Granting this exception will improve the safety of this operation
6) We can see no negative impacts from approving this request
lt J, VIF A Vi�; 03
variance.
Respectfully,
fl.ftan E. 416der
Alton E. Porter (281) 615-5889 cell
Gas Innovations
October ii, 2�012
Phone 281-471-2200 @ Fax 281-471-2201
EXHIBIT
VARIANCE REQUEST
# 12-93000008
FOR
100 PARK DRIVE
EXHIBITS:
STAFF REPORT
APPLICATION FOR VARIANCE
EXHIBIT A - AREA MAP
EXHIBIT B - SURVEY PLAN
EXHIBIT C - PHOTOS
EXHIBIT D - SECTION 106-791, CODE OF ORDINANCES
Staff Report November 29, 2012
Variance Request #12-93000008
Requested by: Rod and Lythia Powell (Property Owners)
Requested for: A fence to be allowed within the front yard setback
Legal Description: Lots 11-14, Block 8, Sylvan Beach Subdivision
Location: 100 Park Drive
Zoning: Low Density Residential (R-1)
Background: Applicants are requesting a variance to allow a 5' high ornamental aluminum
panel fence to be erected within the front yard setback of their house at 100
Park Drive. The fence will be constructed around the perimeter of the house
including front yard and gate across the driveway along Park Drive. The
fence will be placed behind existing tress and landscaping within the front
yard setback.
Per HCAD records, the house was built in 1980 with 3,566 square feet of
living area on 40,400 square feet of total land area. The property is almost
one acre in size bounded by a wooded area and Little Cedar Bayou on the
south. The house faces west to a wooded area across the street. The
properties to the north and east are already fenced. The applicants desire a
fence and gate for security reasons. However, the Code of Ordinances
prohibits a fence placed within the front yard setback in all zoning districts
except Large Lot residential (greater than 1 acre) and lots directly adjacent to
Galveston Bay.
Staff analyzed the surrounding area and based upon site inspections, the
following is noted:
• The existing block containing the residence has no existing fences in
the front yard setback.
• The proposed fence would extend to the southwest corner of the
existing fence of the adjacent property to the north.
• The front portion of the fence will be to the east of the roadside ditch
behind existing landscaping.
The standard front yard setback requirement in residential zones for single
family detached dwellings is 25'. Per Section 106-791 of the Code of
Ordinances, no fence, structure, grading, or barrier hedges shall be permitted
within any front yard areas except in the case of Large Lot residential with
one acre in size or larger.
Zoning Board of Adjustment
November 29, 2012
Page 2 of 3
Analysis: Section 106-192(b)(1), of the Code of Ordinances, defines a variance as a
deviation from the literal provisions of the chapter, which is granted by the
Board when strict conformity to the chapter would cause an unnecessary
hardship because of the circumstances unique to the property on which the
variance is granted.
Section 106-1 defines fence as "...the manmade structural barrier erected on
or around a piece of property."
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.
❖ 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.
Relief being sought:
• Allow construction of a fence in the front yard setback.
In determining if granting the applicant's request would be contrary to the
public interest, Staff recognizes that the development of the fence at the
property may not create a problem with adjoining properties. In addition, the
property is at the dead end of a public right-of-way.
The issues to consider are impact on neighboring property and the best
public interest. In this case, it appears that the fence will serve to provide an
aesthetically pleasing look in the vicinity of adjacent properties and provide
security to the residents. The area across the house to the south and west is
heavily wooded.
Zoning Board of Adjustment
November 29, 2012
Page 3 of 3
In reviewing the specific grounds for granting a variance, however, staff
points out that the condition, as it exists, "...is the result of the applicant or
property owner's own actions..." contrary to the provisions of Section 106-
192. Staff finds no 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." However, security and safety of the property may be considered
in this regard.
Conclusion:
The Zoning Board of Adjustment's final consideration is whether granting
this request observes the spirit of the ordinance. Based on the facts noted in
this report, the applicant's request may not be contrary with the spirit of the
ordinance, and may promote the health, safety and welfare of the general
public.
The application merits review by the Board based upon the parameters set by
the Ordinance.
The Board may consider:
➢ Granting the variance and allowing the fence to be constructed
within the front yard setback.
➢ Denying the variance thereby denying placement of the fence in the
front yard setback.
Appeals: As per Section 106-196 of the Code of Ordinances of the City of La Porte:
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 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 LA PORTS
ZONING BOARD OF ADJUSTATEqNT
VARIANCE REQUEST
Application No.. ! - /9' 4(Y,9Od
OFFICE USE ONLY. Fee. $150.00 Date Received: //--0 9 �,,?
- Receipt No.: � aj 03
Note: This Fee is lion -Refundable Regardless of the Board's Decision
Applicant: I0� C�� � � �►`f � i� I'[� t� ���
Name
Address
I am the owner of the herein described property. I have authorized
to act on my behalf in this matter.
Owner*:
Name
Phone
Address IPhone
I am requesting a variance to Sect. JQj,— 7 of the City Zoning regulations Chapter 106 oftbLe
Code of Ordinance.
I am requesting this variance for property located at 1 QQ-
Street Address
-do`s- oos -()OIt
Description
{) Site Plaa () Minor Development Site Plan
() M'ajor Development Site Plan () General Plan
A Sit&Plan of the property is attached. Also, I have listed the information requested below 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 Tam making this request.
If applicant is NOT the owner, he must provide Authorization to act on the Owner's behalf,
date
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:
licanis
13, j 4
Board's Decision: Approved () Denied ()
Notice of Boards Decision mailed to Applicant/Owner: -
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ZONING
See. 106-791. Front yard. areas.
§ 106-796
No fences, structures, grading, or barrier hedges shall be permitted within any front yard
areas except in the case of large lot residential lots, or in the case of lots with a front yard
directly adjacent to the shoreline of Galveston. Bay, as provided in section 106-792.
Sec, 106-792. Large lot residential. late.
In the case of large lot residential lots, eight feet perimeter fences are permitted as an
accessory use. In the case of lots with a front yard directly adjacent to the shoreline of
Galveston Bay, four feet front yard fences are permitted parallel and adjacent to the side lot
lines. However, such fences shall be permitted on the front lot line directly adjacent to
Galveston Bay, and shall only be constituted. of chain link. These exceptions do not permit
structures, grading, or barrier hedges.
(Ord. No. 2009-31-73, § 5, 8-24-09)
Sec. 106-793. Feces in side and rear yards.
Within side yards and rear yards, fences of not higher than eight feet including six-inch rot
boards and. walls 42 inches high or less shall be permitted.
(Ord. No. 2009-3173, § 6, 8-24-09)
See. 106-794e Fences and trees on utility easements.
Fences or trees placed upon utility easements are subject to removal at the owner's expense
if required for the maintenance or improvement of the utility. Trees on utility easements
containing overhead wires shall not exceed ten feet in height.
See, 106-795. Maintenance of fences.
Both sides of the fence must be maintained in good condition by the owner of the fence and
grass/ground cover adjoining the fence must be mowed and weeds removed on a regular basis.
Subdivision perimeter fences or walls shall be maintained and repaired by the developer,
owner, owner's agent, and/or homeowner association or the management company of a
subdivision. Maintenance, repair or replacement of wood or masonry fence around manufac-
tured housing parks is the sole responsibility of the owner, its agent, or the management
company.
(Ord. No. 2009-3173, § 7, 8-24-09)
Seca 106-796. Barbed wire fences.
Barbed wire fences shall not be permitted, used or constructed except in industrial districts
or to control livestock as hereinafter provided.
Supp. No. 23 CD106:89
EXHIBIT