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HomeMy WebLinkAbout05-23-13 Zoning Board of Adjustment MeetingCity 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 May 23, 2013, 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 March 28, 2013, meeting minutes. A Public Hearing will be held to consider Variance Request #13-93000001 for the property located at 307 South Iowa Street, further described as Lots 10, 11, south 'h of Lot 9, and north % of Lot 12, Block 216, Town of La Porte, Johnson Hunter Survey, Abstract No. 35, La Porte, Harris County, Texas. The applicant seeks a variance to allow construction of a carport encroaching two feet (2') into the required side yard setback. This request 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. Administrative Reports 5. Board Comments on matters appearing on agenda or inquiry of staff regarding specific factual information or existing policy 6. 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 May 23, 2013, agenda of item to be considered by the Zoning Board of Adjustment was posted on the City Hall bulletin board on the day of 2013. Title: Zoning Board of Adjustment Minutes of March 28, 2013 Board Members Present: George Maltsberger, Chester Pool, Charles Schoppe, Rod Rothermel, and Sherman Moore (Alt 2) Board Members Absent: T.J. Walker, Lawrence McNeal (Alt 1) City Staff Present: Planning Director Tim Tietjens, City Planner Masood Malik, Deputy Building Official Mark Huber, Assistant City Attorney Clark Askins, and Office Coordinator Peggy Lee 1. Call to Order. Chairman Maltsberger called the meeting to order at 6:02 p.m. 2. Consider approval of the January 10, 2013, meeting minutes. Motion by Rod Rothermel to approve the January 10, 2013, meeting minutes. Second by Charles Schoppe. Motion carried. Ayes: George Maltsberger, Chester Pool, Charles Schoppe, Rod Rothermel, and Sherman Moore (Alt 2) Nays: None 3. Consider Appeal of the Enforcement Officer's Decision #13-95000001 for the property located at 500 West Main, 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 the enforcement officer's decision to deny a 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 City Planner Masood Malik presented the staff report for Appeal of the Enforcement Officer's Decision #13-95000001. The applicant, Gilbert Diaz, is appealing the enforcement officer's decision to deny a permit for remodeling the primary structure located at 500 West Main. The City has determined that the primary structure is substandard and the cost of bringing it into lawful compliance will exceed 50% of the replacement cost of such structure. Mr. Malik showed photos of the interior and exterior of the building, which were taken several years ago. A City Council public hearing for possible action to declare the subject structure a dangerous building has been continued to a later date to allow the Zoning Board of Adjustment an opportunity to rule on the Appeal request. The Board questioned the use of appraisal value when dealing with replacement cost. Zoning Board of Adjustment Minutes of March 28, 2013 Page 2 of 3 B. Proponents J.B. Williamson, attorney for the applicant, was sworn in by Chairman Maltsberger. Mr. Williamson stated the City does not have the authority to declare a building obsolete by using HCAD value; rather replacement value should be used. Bill Manning, with Manning Engineering, was hired by Mr. Diaz to perform an evaluation of the building. Mr. Manning has prepared an estimate of repair to bring the building up to code and the cost to repair the building is determined to be less than 50% of the replacement cost. Mr. Williamson deferred questions from the Board relating to replacement cost to Bill Manning of Manning Engineering. William T. Manning, Jr., Manning Engineering, 108 S. 2nd St., was sworn in by Chairman Maltsberger. The Board discussed with Mr. Manning, the plans for renovation and associated costs. Mr. Manning stated the replacement value would be close to $90-$100 SF. The building could be renovated for around $50,000. The front part of the building only can be renovated and brought up to code for $20,000-$25,000. C. Opponents There were no opponents. D. Proponents Rebuttal There were no rebuttals. Motion by Sherman Moore to overturn the Enforcement Officer's decision to deny a permit for Obsolescence of Structure located at 500 West Main, with the agreement that the building, when completed, will comply with current code requirements, and the encroaching outbuilding (accessory structure) will be demolished. Second by Rod Rothermel. Motion carried. Ayes: George Maltsberger, Chester Pool, Charles Schoppe, Rod Rothermel, and Sherman Moore (Alt 2) Nays: None Assistant City Attorney Clark Askins read from Section 106-196 of the Code of Ordinances: Appeals from the Board of Adjustment. 4. Administrative Reports There were no administrative reports. 5. Board comments on matters appearing on agenda or inquiry of staff regarding specific factual information or existing policy. There were no Board comments. Zoning Board of Adjustment Minutes of March 28, 2013 Page 3 of 3 6. Adjourn Chairman Maltsberger adjourned the meeting at 7:03 p.m. Respectfully submitted, Peggy Lee Secretary, Zoning Board of Adjustment Passed and Approved on 12013. George Maltsberger Chairman, Zoning Board of Adjustment VARIANCE REQUEST # 13-93000001 FOR 307 SOUTH IOWA STREET EXHIBITS: STAFF REPORT APPLICATION FOR VARIANCE EXHIBIT A - AREA MAP EXHIBIT B - SURVEY MAP EXHIBIT C - SITE PLAN EXHIBIT D - SECTION 106-771(4), CODE OF ORDINANCES EXHIBIT E - PUBLIC NOTICE RESPONSE Staff Report May 23, 2013 Variance Request #13-93000001 Requested by: James F. Beck (Property Owner) Requested for: Reduction of side building line from 5' to 3' for the construction of a carport. Legal Description: Lots 10 & 11, and south 1/z of lot 9 & north 1/z of lot 12, Block 216, Town of La Porte, Johnson Hunter Survey, Abstract No. 35, La Porte, Harris County, Texas. Location: 307 S. Iowa Street Zoning: Low Density Residential (R-1) Background: Per the Harris County Appraisal District (HCAD) record, this single-family dwelling was built in 1942 with land area of 9,375 S. F. The primary residence with one story wood frame equals 944 S. F. A one story wood garage in the back was built with the house. Applicant intends to build a 15.5'x41' (636 s.£) carport to the west side of the primary residence along with a 20'x55' concrete driveway. Per Section 106-771(4) of the City's Code of Ordinances, the front and side yard carports are permitted for single-family detached houses subject to the following requirements: a. Carports in a required front or side yard shall not be located closer than rive feet from any front or side property line. b. Carports located on corner lots shall not be located closer than twenty-five feet an intersection. c. The maximum width of a carport located in a required front or side yard shall be twenty-five feet. Per this request, a carport be constructed three feet off the side property line in violation of the above referenced section of the ordinance. The applicant requests to allow the carport to be built 3' off the west side property line in lieu of 5' as permitted by the ordinance. Analysis: Section 106-192(b)(1), in 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 carport as "...a roofed structure, freestanding or attached to another structure designed to provide covered parking for vehicles, with no enclosing walls, and must be located directly over a driveway." Zoning Board of Adjustment 413-93000001 Page 2 of 3 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. Conclusion: ❖ 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. In determining if granting the applicant's request would be contrary to the public interest, Staff recognizes that the development of the carport may create a visual obstruction issue with the adjoining properties. In viewing 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. We also find 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." This lot represents a typical example of property within subdivisions throughout the City. The average dimension for the width of a car or pickup truck is approximately 6'. A 10'tol2' wide driveway is common in the area and easily accommodates parking for a car or pickup truck. If the applicant maintains the required side yard setback of 5 feet, the proposed carport will be 13.5' wide and will adequately accommodate the vehicle's width. Based on the facts noted in this report, the applicant's request to encroach 2' into the required side yard setback would appear to be contrary with the spirit of the ordinance, by allowing carport within 3'setback from the side property line is not justified. Variance Request 413-93000001 is to allow for 3' side setback in lieu of 5' side building line of a standard lot is contrary to the provisions established by Section 106-771(4) of the Code of Ordinances. In addition, the parameters for the requested variance do not appear to meet the provisions established by Section 106-192 (variances). While recognizing the circumstances associated with the property, the Board could consider: Zoning Board of Adjustment 413-93000001 Page 3 of 3 • Allowing the carport to be built with 3' side setback line - (variance granted). • Allowing the owner to redesign the carport to be in compliance with the City ordinances (variance denied). Appeals: As per Section 106-196 of the Code of Ordinances of the City of LaPorte: 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. CITE' OF LA FORTE ZONING BOARD OF ADJUSTAIENT VARIANCE REQUEST Application No.: OFFICE USE ONLY: Fee: S150.0Q Date Received: -tea-13 Receipt No.: Note: This Fee is Non -Refundable Regardless of the Board's Decision Applicant: Name Address Phone lam the owner of the herein described property. I have authorized to act on my behalf in this matter. Owner*: Name Address Phone I am requesting a variance to Sect. of the City Zoning regulations Chapter lab of the Code of Ordinance. I afn requesting this variance for property located at v7v % Z- Street Address Legal Description Site Plan { } Minor Development Site Plan { } Maj or 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 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 n-iust provide Authorizat to act on the Owner's behalf. Date Offic ' se 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: licant's Signature Board's Decision: Approved () Denied () Notice of Boards Decision mailed to Applicant/Owner: - TYPE OF RELIEF BEING SOUGHT: 70 THE GROUNDS FOR THE REQUESTS: S;%CPSharellNSPECTION DIVISIONLSfandart] FormsZONING BOAR]] VARIANCE.doc REVISION I0123103 RYC 16' ALLEY ,•� (REf. ROD) '? S27WOD'E MOO' a N 9 ` , ffi S.1 /2 OF LOT 9, ALL OF 2�E LOTS 10 & 11 AND N.1 /2 OF LOT 12 (Cl No. F989189) 141' p d, r m Q � N yy Q F N 14-1' -c N (] n co C, [t 1.7 d Fes- N rc5 •.• 35.2' , aoi vi p .o• - FIR Y_ p 41 vi as.z co _ N 75.0' , 25' • - 45.0' FND.,%Z•ER. FND.E/2i.R. >�ID.1r��.R. N2715 00V M SOUTH IOWA STREET (60' R.O.W.) NOTES: 1.) SUBJECT TO CITY OF LA FORTE, ZDNTNG ORDINANCES. AB57RACIING SY TITlE COMPANY. ALL BEARINGS SHOVM ARE REFERENCED PER RECOROED PLAT OF SA10 SUEDIMS1ON. S. 1/2 OF LOT 9, ALL OF LOTS 10 BLOCK: SUBDIVISION: SECTION: AND 11, AND N. 1/2 OF LOT 12 215 TOWN OF LA PORTE - COUNTY: STATE: RECORDATION: SURVEY: SCALE 1"=20' HARRIS TEXAS VOL. 8, PG. 15, H.C.M.R. FIELD WORK:01-21--00/LG FINAL CHECK: 01-24-OO/JB PURCHASER: ,TAMES F. BECK DRAFTING: 01-24-00/CP KEY MAP: 540 Y ADDRESS: 307 SOUTH IOWA STREET, LA PCRTE, TEXAS -C +e9UYYars• ` i T ��RF •SUB iCT PROPERTY 6 NOT iDCA1fB FN A FEDERAL INSNRANCE WNINISIR \TIW L®GNAiED FLOW HAZARD AREA - AS •X- AS PER LAR 48 , a, y "� •.CP PANEL 0445 a DATED: 11-w-SE ffltl . • .: • lhh inSarmcfim Is board ca graphic G� plaiting anlR wa da naE aawna • .raapaumflft ........... fcr axmt datwremc4lm ALLTEX 'i?�.;. O �� �+� FEALTY SBWM C}••F�.�� MORT. CO- FOREMOST MTG. REAL ESTATE SURVEY DIMISION f �• TITLE CO. AMERICAN TPTLE CO. 9610 LONGPUN7 SUITE 150 HOUSTON. TEXAS 770M p { t✓ & 'MAT G.F. No. 1999 CS 4141OO-X TZ1- t713) 468-7707 1 GO Y CERTIFY"' SURVEY WAS THIS DAY MANE ON VE NO CE THE PRaeE W tEMLY DMaMED HEREON rS JOB No. 0O-2424B FAX: (713) 468-BB15 CORRECT AND 1HERE ARE NO E34CROALHMEM E%CEPT AS SHOWN. REV. OATS - AM IBIT B NOTEr 1, CCNCRETE MIX ( 5 SACK MIX 3 MINIMUM DESIGN STRENGTH C 3,000 PSI AT 30 ➢AYS� Li2,STEEL REIKFCRCEMENT TG BE ■3 BARS l7 2 LB INCH ON CENTER BOTH WAYS, } 3, EXPANSION .POINTS WILL VE SEALED. W � 4, EXPANSION JOINTS SHALL BE PRE -MOLDED REDWOOD WITH PROVISIIINS FOR A WOOD STRIP ON TOP WHICH WHEN REKUVED W, WILL PROVIDE A SEALANT RESERVCDL R S.JOINT SEALANT SHALL BE ONE PART SELF LEVELING SILICONE W W T.P. 20.7 RUBBER MEETING ASTM D 5893-96, STANDARD SPECIFICATION FOR J Z 0 3 COL➢ APPLIED, SINGLE COMPONENT CHEMICALLY CURING SILICONE W 15, .7o JCiNT SEALANT FOR PURTLAND CEMENT CCNCRETE PAVEMENTS, © T.P. 20.7 TYPE SL ( SELF-LEVLLING ). F.F. 20,31 y ,,TYPE MEMBRANE CURING COMPOUND FOR CURING CONCRETE SHALL BE USED, ASTM C309, TYPE 2 WITH WHITE PIGMENT, 4' enw- TREE 4' EnAcs Tn 27 SF. T.P. 20.7 NCTEi TOTAL CONCRETE PAVEMENT t.P.E06 155' T.P. 20 C1 9.5' T,P, 217 4' THICP 190 SQUARE FEET M 5' THICK- 1,128 SQUARE FEET � 6' THICK- SQUARE FA4SXN 712 FEETLt- .IleN 1 3' 26.2' R = J WOUII STEPS Lai P- "L Lr pj 41' x 15.5' CARPORT ¢ a F U W t- a 5 ERRRETE < 5 sAEX (iPu ONE STORY w 06 SV. WOOD FRAME w a C, I9b y 807 So. 1OWA Iri z° (U S W 3 DOUBLE GATE U7 TOP ell ;t BOTTOM WOOD iv STEP awes PERCH ° A z 18' W Q J EYPAVSOtI 2Q' ' �ryg. TP. 20.5 TP, 2C.6 TOP V [Y x w STEP rr. zaE LTJ 20.85 ra f Law � a 2pb +o�g N Phi q S/V N 4' COHC. 4B6 SF, 73- 9 TnCRETE C 5 SACK) 5' SF. GXUPNQim J®(T 3' T.P. 20.4 20, T,P, 20.5 PROPERTY LINE EYP N 27'15'W — 75,00' APPRL4" S. THAT( CONchem ( 5 SAM MX 7 NBC" XSTM STRC%7H (3AN PS[ F F- .J AT 30 DAYSJ 03 HNts ! LB• BOT)WAYS Q XLi q, mm W f- y°. 'cV TOTAL C[NCRLTE PAVQENT 4' TIA 190 MAW FEET � R g a . 5' THICK. IAA SC4AE FEET b' rHILK, 712 SMARE FEET 0. Q m 5zB Mr APPFOAM . m SA FEET ` 6' TF= CWCREfE ( 5 SACK MIX ) lOIIDIN DES STRDM C 3AOD PSI P4 AT W M='. fj} PREF3000 RmV EWANSKN J0[NT p 3ART a Mr C-C IgIMAYS 20' 92 Sr. T. 20.00 ASSUME➢ ----T"IT TF,9iBS--------'"-' � sAv wr FULL nErTr EXISTIIY, FHA ROLL C1RI DR MSVK ZAftS LEN 12'O.0 P r PVMT < 6' - DRILL INf0 E'%Imy FT4 ML K SECIIAE VLTH EPO%Y ARER CLEAi3SMG BRtl-L H� SOUTH 111WA EXHIBIT § 106-749 LA PORTE CODE W No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street. (g) No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal sense off the lot, if the occupation is conducted in a single-family residence. In the case of noise, the level shall not exceed 50 percent of the values established in section 106-521(b), footnote G. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in the line voltage off the premises. See. 106-750. Office trailers. Office trailers as defined are only allowed subject to the following conditions: (1) Office trailers may be used as construction offices or temporary storage buildings only on construction sites. (2) No office trailer shall be moved on to a construction site until the required building permit has been issued. (3) All office trailers shall be removed from a construction site once work is completed or abandoned. (4) In no case shall an office trailer be used for overnight sleeping purposes. Sec. 106-751. Shipping containers. Shipping containers may be used as temporary material storage facilities on construction sites in all zoning districts except residential (R-1, R-2, and R-3). In addition, commercial construction allowed in residential zoning districts may use shipping containers as temporary material storage facilities. (Note: Certificate of occupancy shall not be issued until shipping container is removed from the site.) (Ord. No. 1501-11, § 7, 3-27-00; Ord. No. 1501-NNNN, § 6(Exh. F), 4-25-05) Secs. 106-752-106-770. Reserved. DIVISION 3. AREA REQUIREMENTS Sec. 106-771. Yard requirements. The following shall not be considered as encroachments on yard setback requirements: (1) Chimneys, flues, belt courses, etc. Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, cornices, eaves, gutters, steps, stoops, and the like, provided they do not project more than four feet into any front or rear yard, and two feet into any side yard. Supp. No. 21 CD106:86 E.XHIB T D ZONING § 106-772 (2) Terraces, decks, patios, etc. Terraces, decks, patios, or similar features, provided they do not extend more than one foot above the height of the exterior finish grade elevation, or to a distance less than two feet from any lot line, or encroach upon any utility easement. Further, pools shall not be considered as an encroachment on a front yard setback, provided that such pools are located in a front yard adjacent to Galveston Bay, and provided further that such pool does not extend more than one foot above the exterior finish grade elevation, or to a distance less than two feet from any lot line or encroach upon any utility easement. (3) Rear yards only. An unenclosed, attached patio cover, awning, or canopy, provided that no portion of such patio covers, awnings, or canopies shall encroach into any utility easements, or any vertical projection thereof, and provided further that no portion of such patio covers, awnings, or canopies shall be located at a distance less than five feet from the side property line or three feet from the rear property line, or any vertical projection thereof. (4) Front and side yard carports. Front and side yard carports shall be permitted for single-family detached homes subject to the following requirements: a. Carports in a required front or side yard shall not be located closer than five feet from any front or side property line. b. Carports located on corner lots shall not be located closer than 25 feet from an intersection. This distance shall be measured from the intersection of property lines common with street right-of-way lines. C. The maximum width of a carport located in a required front or side yard shall be 25 feet. (5) Recreational areas, facilities and open space. Trails, playgrounds, and detention areas located within multi -family residential developments are permitted provided they do not encroach into any utility easement. (Ord. No. 15014J, § 8, 10-14-02) Sec. 106-772. Height requirements. The building height limits established in this chapter for distances shall not apply to the following except if they are located within an airport height restriction area: (1) Belfries; (2) Chimneys or flues; (3) Church spires, not exceeding 20 feet above roof; (4) Cooling towers; (5) Cupolas and domes which do not contain usable space; (6) Elevator penthouses; (7) Flagpoles; Supp, No. 21 CD106:87 A Meeting of the La Porte Zoning Board of Adjustment (Type of Meeting) . Scheduled for May 23, 2013 (Date of Meeting) to Consider Variance Request #13-93000001 (Type of Request) I have received notice of the above referenced public hearing. I am in FAVOR of gtanting this request for the following reasons: -- - J---,>�..2 I ,S [" ..S I am OPPOSED to granting this request for the following reasons: A3, (71-z�� e Name (pleased print) Signature ,f To L-0 � Address City, State, Zip EXHIBIT E A Meeting of the La Porte Zoning Board of Adjustment (Type of Meeting) Scheduled for May 23, 2013 {Date of Meeting) to Consider Variance Request #13-_93000001 (Type of Request) I have received notice of the above referenced public hearing. I am in FAVOR of granting this request for the following reasons: t'.c/Cgs+ I am OPPOSED to granting this request for the following reasons: Name (please print) Signature Address Z-1? �s^%� ice, 7 7j ''/ City, State, Zip A Meeting of the La Potte Zoning Board o f Ad&u stment (Type of Meeting) Scheduled for May 23, 2013 (Date of Meeting) to Consider Variance Request 913-93000001 (Type of Request) u,y 16 Y have received notice of the above referenced public healing. I am in FAVOR of granting this request for the following reasons: d W{ 7 r I am OPPOSED to granting this request for the following reasons: /(4tJ,0,q-(- to, (2Q&XWS6 4Ze (please print) al, Signature Address 4�� A City, State, Zip