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Home My WebLink About06-27-13 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 June 27, 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 May 23, 2013, meeting minutes. A Public Hearing will be held to consider Variance Request #13-93000002 for the property located at 1801 West `M' Street, further described as TRS 3 & A, Block 1176, Town of La Porte, Johnson Hunter Survey, Abstract No. 35, 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 106-797 of the Code of Ordinances. 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 June 27, 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: MINUTES Zoning Board of Adjustment Minutes of May 23, 2013 Board Members Present: George Maltsberger, T.J. Walker, Rod Rothermel, and Sherman Moore (Alt 2) Board Members Absent: Chester Pool, Charles Schoppe, 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 Maltsberger called the meeting to order at 6:05 p.m. 2. Consider approval of the March 28, 2013, meeting minutes. Sherman Moore suggested a correction under Item 3, changing "replacement" value to "appraised" value, which would better reflect what was presented by staff during the meeting. Motion by Rod Rothermel to approve the March 28, 2013, meeting minutes with a correction to the third sentence under Item 3.A. by changing the word "replacement" to "appraised" as follows: "The City has determined that the primary structure is substandard and the cost of bringing it into lawful compliance will exceed 50% of the appraised cost of such structure." Second by Sherman Moore. Motion carried. Ayes: George Maltsberger, T.J. Walker, Rod Rothermel, and Sherman Moore (Alt 2) Nays: None 3. 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 % 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 City Planner Masood Malik presented the staff report for Variance Request #13-93000001. The applicant, James (Fred) Beck, is requesting a variance to allow construction of a carport encroaching two feet into the required side yard setback at 307 South Iowa Street. Zoning Board of Adjustment Minutes of May 23, 2013 Page 2 of 3 Public hearing notices were mailed to 23 property owners located within 200' of the subject tract. The City received four responses to the mail out, all in favor of granting the variance. B. Proponents The applicant, Fred Beck of 307 South Iowa, was sworn in by Chairman Maltsberger. Mr. Beck has plans to construct a commercial grade carport for his large Chevrolet Silverado pick-up. His home was built in 1945 with a garage that is not large enough to house the pick-up. As an employee of the City of Deer Park Planning & Development Department, he understands the City's position in needing to follow the rules. In speaking with his neighbors, none have expressed objection to the carport. C. Opponents There were no opponents. D. Proponents Rebuttal There were no rebuttals. Motion by T.J. Walker to approve Variance Request #13-93000001 to allow construction of a carport encroaching two feet (2') into the required side yard setback at 307 South Iowa Street. Second by Rod Rothermel. Motion carried. Ayes: George Maltsberger, T.J. Walker, 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 Mr. Malik reported progress on home construction in the Lakes at Fairmont Greens subdivision and the possibility of soon having a builder for the Retreat at Bayforest North subdivision located along S. Broadway. 5. Board comments on matters appearing on agenda or inquiry of staff regarding specific factual information or existing policy. Sherman Moore inquired about recent activity at Spencer Highway/Main @ SH 146. Mr. Malik was unaware of any plans. 6. Adjourn Chairman Maltsberger adjourned the meeting at 6:17 p.m. Zoning Board of Adjustment Minutes of May 23, 2013 Page 3 of 3 Respectfully submitted, Peggy Lee Secretary, Zoning Board of Adjustment Passed and Approved on 12013. George Maltsberger Chairman, Zoning Board of Adjustment VARIANCE REQUEST # 13-93000002 FOR 1801 WEST `M' STREET EXHIBITS: STAFF REPORT APPLICATION FOR VARIANCE EXHIBIT A - AREA MAP EXHIBIT B - SITE PLAN EXHIBIT C - SECTION 106-797, CODE OF ORDINANCES Staff Report June 27, 2013 Variance Request # 13-93000002 Requested by: Oakland Land & Development, LLC (represented by Bill Campbell) Requested for: A perimeter fence constructed within the front yard setback Location: 1801 West M Street, TRS 3 & A, Block 1176; Town of La Porte, Johnson Hunter Survey, Abstract 35, LaPorte, Harris County, Texas. Zoning: Light Industrial (LI) Background: Applicant is requesting a variance to allow a newly constructed fence within the front yard setback to remain in place. Total developed site area of the subject tract is 130,400 square feet with a lay down yard and storage facility. The property is zoned Light Industrial (LI) and the City's Code of Ordinances prohibit a fence being erected within the required front yard setback of any commercial or industrial zoning districts. Last year, the City approved a development site plan for a proposed storage yard for Oakland Land and Development Co. The development site plan shows a 130,400 sq. ft. of improved area to be used as a storage yard to the west of an office/warehouse located at 1410 South le Street. Landscaping is shown along front (West M Street) and side property lines. The building setbacks in LI zone are Front 20', Rear 10', and Sides 10'. During the planning process, the applicant proposes a fence for this property, which is shown at 20' setback from the front property line. This variance request is for a waiver of the standard front yard setback requirement in order to allow a fence constructed on the front property line along West M Street. According to the applicant, a front yard fence was built in confusion as the property pins were difficult to locate. In addition, it was placed in line with the adjacent property to the east. It further adds that there is no building on premises so it leaves approximately 6,000 sq. ft. of space unusable and unsecured by the occupant/tenant. A fence is desired for security and safety reasons as well. The City's Code of Ordinances, Section 106-797(2), prohibits a fence being erected within the required 20' front yard setback in the commercial and industrial zoning districts. Staff analyzed the surrounding area and based upon site inspections, the following considerations are noted: • A storage/warehouse building at 200 S. le Street has an existing fence along S. 17t' Street. Zoning Board of Adjustment June 27, 2013 Page 2 of 3 • The property at 123 South 17t' Street has a chain link fence within the front yard setback. 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 "...a manmade structural barrier erected on or around a piece of property or any portion thereof." 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. Regarding this request, the relief being sought to: • Allow a newly constructed fence at the property line within the front yard setback. In determining if granting the applicant's request would be contrary to the public interest, Staff recognizes that development of the fence at the property line may not create a problem with adjoining properties, as most of the public front of this property is along North 16t' Street. 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 exceptional narrowness, shallowness, shape topography, or other extraordinary or exceptional physical situation unique to the property in Zoning Board of Adjustment June 27, 2013 Page 3 of 3 question." Security of the property and safe operation of the facility, however, 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 appears to be contrary with the spirit of the ordinance. The Board may consider: ➢ Granting the variance and allowing the fence to remain on the property line in the front yard setback with the stipulation that a City permit is obtained at double the normal fee as allowed by the building code for non -permitted work. ➢ Denying the variance thereby causing removal of the front yard fence. 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. CITY OF LA P ORTE ZONING BOARD OF ADJUSTMENT VAR]ANCE REQUEST Application No.: OFFICE USE ONLY: Fee: $150.00 Date Received:_ - —� /,17 k29- Receipt No.: Note: This Fee is Non -Refundable Regardless of the Board's Decision Applicant:%JAY► �rt! ,/YG�� G ,� G<S,/.� Name C-X�, qJ'/ - # Address Phone v � I am the owner of the herein described property. I have authorized k t"n it .ti+ Z -� 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 106 of the Code of Ordinance. I am requesting this variance for property located at O% G . � t � Street Address -it45 3o-4 &k I J� �txvn �+ �. Ai3S 551 /4 Legal De-scripti6n {) Site Plan ( inor Development Site Plan () Major Development Site Plan () General Plan A Site.Plan of time property is attaches[. 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 must provide Authorization to act on PWID31yner's behalf. c s-�j 3 Date Office Use Only ` Site Plan and Authorisation (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 Board's Decision: Approved () Denied () Notice of Boards Decision mailed to Applicant/Owner: TYPE OF RELIEF BEING SOUGHT: /^0- CJ �zk THE GROUNDS FOR THE REQUESTS: S;}CPShareIINSPECTFON DI1'ISIOWtandarcl Form,IZONINC BOARD VARIANCE.doc REV)SION 101i1/03 RYC 1 inch =3OO S££9'64b ISL ,`Nd OOE9 644 SSZ:HOI,I:IC- m 3. 956EE£OLL 'YZ VO SROH e S mil nI c O - Obi 3YS SSV9 AM5Id NOZSfIOH WVS K bObi ,%� aF ° ' Y�� I �+ -- - ) `537M5 NOUN d5M �.� &f. 6LSLL Xl 312dod v `1338ls W 1S3M IOSI o �NIUAINIVNA Kb�� lo3mO!Id133?JISWJS3M 0 0'' W E'er F0W Opatw7 5 a'Nz0 w g �� z00 W°aoa a .x '. aP,�cqU o O oWo.AQo o- '��.WCry p� P. a 0� a�,w o N w 8 <W aao xa z � ��CU U �.a kz7 ,Uj w x E ox � a '� a' a °owz'aP, °c RWq°m-.0 U z z lw w��q -UFZWw a z+1 a0ac. 0 FO .FUa Z 3aW F W °z� OOx U Wmz Z uOy^�aoo 0Q U6 W U0.4wxtiVa� d W a a' d UWZ°Wt�m0 °x°x FUFx >' qa zo w z UE, OF W qa q Wq wW qU Wk qx q�rp� ac'm O ni� vm a� q qqO O 3',z mOw of W ti> Z I t�wZ¢ d eQ U.l F z o i o ox oX ow o UFO zn 0000 O O 00 ® J Haw OW U O J 'OU-OUO 3vaxirrSind ISO 6W am9 9xavmo _ ._ OU H `k tic tzg.�r. 2g �EC� µ1. Utc 77775 3FiL' OS 00 �`yY P o ngg 5�m �F ZOw¢ Xay U11 inU > �F Oo� Zw0 �o�a�oi 11 e 51 oci �� odo�a F �.Kn OG.^.0 dxaq 3A F. GFFq No FQaawaF� ° -- __. § 106-797 LA PORTE CODE Sec. 106-797. Property lire fences in industrial districts. Property line fences in any industrial district shall not exceed eight feet in height except that: (1) Fences erected along a property line in common with a residential district shall be subject to the provisions herein described in residential district fences; and (2) Fences in commercial and industrial zones which are primarily erected as a security measure may have arias projecting into the applicant's property on which barbed wire can be fastened commencing at a point at least seven feet above the ground, and such fence shall not be erected within the required landscaped portion of any yard or the front yard setback of any commercial or industrial establishment. Sec. 106-799. Fencing and wall requirements for automotive wrecking, salvage yards, junk dealers, etc. (a) General requirement. Every automotive wrecking and salvage yard/junk dealer/scrap metal processor yard with the city shall be completely surrounded and enclosed by a solid fence or wall which is at least eight feet in height. (b) Construction, maintenance of fence or wall. Every fence or wall herein shall be constructed and maintained as follows: (1) All fences shall be constructed of wood, masonry, corrugated sheet metal, chain link or any combination thereof; provided, however, that any one side of an automotive wrecking and salvage yard/junk yard/scrap metal processing yard shall be bounded by a fence or wall constructed of only one of the above materials. (2) Chain link fences shall be constructed of galvanized chain link fencing with wood or metal slats or strips run through all links of the chain link fence. (3) All fences or walls shall extend downward to within three inches of the ground and shall test plum and square at all times. (4) All fences or walls shall be constructed in compliance with all applicable provisions of the building code of the city. (c) Use of wall, door or building as part offence or wall. Any part of a fence or wall required by subsection (a) of this section may consist in whole or in part of a solid wall and door, or walls and doors of any completely enclosed building on the premises, if such wall or door meets all construction requirements set forth in this section. (d) Gates at openings in enclosure. Openings in the prescribed enclosure which are necessary to permit reasonable access to said automotive wrecking and salvage yards/junk yards/scrap metal processing yards shall be equipped with a solid gate or gates, constructed and maintained in accordance with the requirements for a fence or wall set forth in this section. Such gates shall be closed and securely locked at all times except during normal daytime business hours. (Code 1970, § 123/4-14(c)—(f)) supp. No. 23 CD106:90