HomeMy WebLinkAbout08-22-13 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
August 22, 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 June 27, 2013, meeting minutes.
A public hearing will be held to consider Variance Request #13-93000004 for the property
located at 1212 Robinson Road, further described as Lot 6, TRS 5A & 7A, Block 2, Coronet
Park, Section 1, Enoch Brinson Survey, Abstract No. 5, La Porte, Harris County, Texas. The
applicant seeks a variance to allow a fence to be constructed in the front yard area 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
4. A public hearing will be held to consider Special Exception #13-94000001 for the property
located at 124 South 2nd Street, further described as Lots 17-21, Block 39, Town of La Porte,
Johnson Hunter Survey, Abstract 35, La Porte, Harris County, Texas. The applicant seeks a
special exception to allow a driveway to be located 22 feet from the intersection of West `A'
Street and South 2nd Street in lieu of the 40-foot minimum distance requirement from
intersections. The special exception is being sought under the terms of Section 106-191(b) (3)
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 August 22, 2013, agenda of items 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 June 27, 2013
Board Members Present: George Maltsberger, Chester Pool, Charles Schoppe, and Sherman
Moore (Alt 2)
Board Members Absent: T.J. Walker, Rod Rothermel, 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 6:02 p.m.
2. Consider approval of the May 23, 2013, meeting minutes.
Motion by Sherman Moore to approve the May 23, 2013, meeting minutes. Second by
Chairman Maltsberger. Motion carried.
Ayes: George Maltsberger, Chester Pool, Charles Schoppe, and Sherman Moore (Alt 2)
Nays: None
3. 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 Code of Ordinances.
Chairman Maltsberger opened the public hearing at 6:03 p.m.
A. Staff Presentation
City Planner Masood Malik presented the staff report for Variance Request #13-93000002.
The applicant, Oakland Land & Development, LLC (represented by Bill Campbell) is seeking
approval of a variance to allow a new fence that was constructed within the front yard
setback to remain in place at 1801 W. Main Street.
Public hearing notices were mailed to three property owners located within 200' of the
subject tract. The City received one response in favor of granting the variance.
B. Proponents
Bill Campbell was sworn in by Chairman Maltsberger. Mr. Campbell, ACW Engineering and
Construction, 1404 N. Sam Houston Pkwy. East, Ste. 140, acting as agent for the owner,
addressed the Board. Mr. Campbell spoke about security concerns for unfenced property
and equipment located on a dimly lit dead-end street. He also spoke about the effects of
Zoning Board of Adjustment
Minutes of June 27, 2013
Page 2 of 2
surrounding property uses. Mr. Campbell provided examples of numerous fence locations
throughout the City with similar situations.
C. Opponents
There were no opponents.
D. Proponents Rebuttal
There were no rebuttals.
Motion by Sherman Moore to approve Variance Request #13-93000002 to allow a fence erected
in the front yard setback to remain in place at 1801 West "M" Street. Second by Charles
Schoppe. Motion carried.
Ayes: George Maltsberger, Chester Pool, Charles Schoppe, 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 comments from the Board.
6. Adjourn
Chairman Maltsberger adjourned the meeting.
Respectfully submitted,
Peggy Lee
Secretary, Zoning Board of Adjustment
Passed and Approved on 12013.
George Maltsberger
Chairman, Zoning Board of Adjustment
VARIANCE REQUEST
# 13-93000004
1212 Robinson Road
EXHIBITS:
STAFF REPORT
APPLICATION FOR VARIANCE
EXHIBIT A — AREA MAP
EXHIBIT B — PLOT PLAN
EXHIBIT C - SECTION 106-791, CODE OF ORDINANCES
EXHIBIT D — PUBLIC NOTICE RESPONSE
Staff Report August 22, 2013
Variance Request #13-93000004
Requested by: Manuel and Glenda Castillo (Property Owners)
Requested for: A property line fence to be constructed within the front yard area
Legal Description: 0.4849 Acre Tract, Lot 6, TRS 5A & 7A, Block 2, Coronet Park, Section 1,
Enoch Brinson Survey, Abstract 5, La Porte, Harris County, Texas
Location: 1212 Robinson Road
Zoning: Large Lot Residential (LL)
Background: Applicants are requesting a variance to allow a fence to be constructed on the
property line in the front yard area of the house under construction at 1212
Robinson Road. The applicant stated that front yard fences exist on the
neighboring properties to the north, south, and other parts of Lomax area. If
allowed, it would be compatible with adjoining properties. In addition, fence
is required from safety and security point of view as well.
HCAD record shows land area as 20,909 square feet with no
improvement/building at this property. The applicants submitted building
plans for permitting on November 11, 2012. The house is under construction
at this time. Estimated completion date is September 2013. Attached plot
plan/survey shows proposed fence along front property line and existing
concrete drive to be removed along Robinson Road.
Lomax area was consolidated with the City of La Porte in 1981. Due to large
tracts/parcels and pastures, property line fences are common in this
rural/urban area. However, the City's Code of Ordinances prohibits a fence
placed within the front yard setback in the 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 and the
pictures taken by the staff, the following is noted:
• As seen in the photos, the existing block containing the residences
has existing fences in the front yard area (Photos to be presented at
the meeting).
• The proposed fence would be in line with the fence of the adjacent
property owners.
Board of Adjustment
August 22, 2013
Page 2 of 3
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 lot with
one or over acre.
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 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.
Regarding this request, the relief being sought to:
• 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. A survey of
surrounding properties shows that this non-compliance with the ordinance is
typical to the area.
Board of Adjustment
August 22, 2013
Page 3 of 3
Conclusion:
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 a
uniform setback of adjacent properties and should not be injurious to the
public. The applicants wish to construct the fence by obtaining a City
building permit; however, staff is unable to issue a permit based on the
conflict with the zoning regulations.
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." Security and safety of the property may be considered in this
regard.
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 be contrary with the spirit of the
ordinance, and may not compromise 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 on the
property line in 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 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 PORTE
ZONING BOARD OF ADJUSTMENT
VARTA.NCE REQUEST
Application No.:
OFFICE USE ONLY: Fee: $150.00 Date Received: —023 13
Receipt No.:
Note: This Fee is Non -Refundable Regardless of the Board's Decision
Applicant: M� C�
Name
. ? 4 7P s � ccC e. L� P ��e,��X -�t--asrg,--09
Address 571 Phone
I am 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 106 of the
Cade of Ordinance.
KA
lam requesting this variance for property located at ` ���ti't5�'11.4
Street Address
av NJ-, 7 A t o oel-`ant- Sc- -- V [cor4'i
Legal Description
{•} Site Plan (} Minor Development Site Plan
{ ) Major Development Site PIan (} 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 malting this request.' ;> r
if applicant is NOT the owner, lie must provide Authorization to act on the Owner's behalf.
Office Use Only
Site Plan and Autlorization (if applicable) attached? Yes () No ( }
Date transmitted to the Board of Adjustments:
Meeting Date:
Applicant Notified of Date:
Notice to surrounding property owners- Date:
Board's Decision: Approved O Denied ()
Notice of Boards Decision mailed to Applicant/Owner: -
2
A variance is a " deviation from the Iiteral provisions of the Zoning Ordinance." The City's
Board of Adjustments may NOT grant a variance that does not meet all of the following
conditions:
1.) The variance must not be contrary to the public interest.
2) Literal enforcement of the Zoning Ordinance must result in a hardship. This hardship
trust be unique to the property in question. Property that is undevelopable due to its
unusual shape, narrowness, shallowness, or topography constitutes the primary example
of hardship. Hardships that are financial in nature or due to the owner's actions cannot
be.granted.
3) Granting the variance must not violate the spirit of the Zoning. Ordinance.
4) No variance that allows a use that is prohibited within the Use zone in question may be
granted. For example, a variance allowing a commercial use in a residential zone is not
allowable.
Please remember it is the Applicant's responsibility to prove that a variance will meet the
above conditions.
If there is not adequate room on the remainder of this form to list all pertinent information,
please feel free to attach an additional letter or any information and exhibits you feel the Board
should consider.
FACTS RELEVANT TO THIS MATTER:
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THE GROUNDS FOR THE REQUESTS:
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ZONING
Sec, 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 lots.
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. 2009-3173, § 5, 8-24-09)
Sec. 106-793. Fences 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)
Sec. 106.794. 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.
Sec. 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)
Sec. 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
SPECIAL EXCEPTION
#13-94000001
124 South 2nd Street
EXHIBITS:
STAFF REPORT
APPLICATION
EXHIBIT A - AREA MAP
EXHIBIT B - SITE PLAN
EXHIBIT C - CODE OF ORDINANCES, SECTION 106-835,
DESIGN STANDARDS
EXHIBIT D - PUBLIC NOTICE RESPONSE
Staff Report August 22, 2013
Fire Station No.1(Parking)
Special Exception Request #13-94000001
Requested by: City of La Porte c/o Reagan McPhail — Public Improvements Coordinator
Requested for: A reduced driveway distance from an intersection
Location: 124 South 2nd Street
(Block 39; Lots 17-21; Town of La Porte)
Zoning: Main Street District (MSD)
Background: The City of La Porte has recently completed building a new Fire Station No.
1 along with administrative offices at 125 South 3rd Street. An old building
of Fire Station No.l was located along West `A' and South 2nd Street, which
has been demolished to construct a parking lot. Parking lot will serve
personnel and patrons of the Fire Department. In addition, it will be served
as a visitor parking during the Main Street events.
The subject site consists of five regular lots with 25'xl25'size equal 15,625
square feet (0.36 acre) of area at the intersection West `A' Street and South
2nd Street. Proposed parking layout shows diagonal parking with two
driveways along South 2nd Street. South driveway is proposed to be located
at 22 feet from an intersection of West `A' Street and South 2nd Street in lieu
of the 40-foot minimum distance requirement from intersections. Intent of
this proposed layout is to align the driveways with the bays of the fire station
and to maximize the number of parking spaces.
The City is committed to provide the best possible services to its citizen. To
move forward with this public improvements project, the City is requesting
special exceptions to allow a driveway to be located 22 feet from the
intersection of West `A' Street and South 2nd Street in lieu of the 40-foot
minimum distance from intersection.
Analysis: The Code of Ordinances defines a special exception as a specified
enumerated deviation from zoning regulations. The Board is empowered to
grant a special exception when it finds the following:
❖ Granting the exception will not adversely affect the value, or use of
neighboring property.
❖ Granting the exception will not be contrary to the best public interest.
Board of Adjustment
August 22, 2013
SE# 13-94000001
Page 2 of 2
The applicant's request is based on Section 106-835, Design Standards
(Figure 10-3), see copy attached.
Conclusion: The Board is charged with deciding whether the applicant's request for a
reduced driveway distance from an intersection is "reasonable" and that
granting the special exception will not adversely affect the value and use of
adjacent or neighboring property, or be contrary to the public's best interest.
The Board may consider:
➢ Approving Special Exception and allow a driveway to be located 22 feet
from the intersection of West `A' Street and South 2nd Street in lieu of
the 40-foot minimum distance requirement from intersections.
➢ Denying Special Exception to comply with the provisions of the Zoning
Ordinance (Chapter 106 of the Code of Ordinances).
Appeals: As per Section 106-196 of the Code of Ordinances of the City ofLa 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, specking 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 PORTE
ZONING BOARD OF ADJUSTMENT
SPECIAL EXCEPTION REQUEST
Application No.:
OFFICE USE ONLY: Fee: $1.50.00 Date Received;
Receipt No.:
Note: This Fee is Non -Refundable Regardless of the Board's Decision
oe
Applicant: �{) J %�'� t'�I pis l• pk,c�.
Name �'
Address
I am the owner of the herein described property. I have authorized
to act on my behalf in this matter.
Ownez"�:
Name j
Address
I am requesting a Special Exception to Sect. of the City Zoning regulations!! Chapter 106
of the Code of Ordinance. r IV ';��
I am requesting this Special Exception for property located at
j Street A dress �r)
Legal Description
:e Plan () Minor Development Site Plan
ajor 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 inatter that has led up to this request.
b) -The type of relief I am seeldng (setbacks, lot coverage, etc.).
c) The grounds upon which I am making this request.
If applicant is NOT the caner, lie must provide Authorization to/act on the Owner's beliq
Date Applicant's Signature
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;
Board's Decision: Approved () Denied ()
Notice of Boards Decision mailed to Applicant/Owner: -
�-� SPECIAL EXCEPTION #13-94000001 W. N ,E
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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
3' min.
Intersecting angle
90
Approach grade
5% max.
For concrete drives only:
a. Material
Min. C thickness
w/ 6x6-6/6 W.WM.
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
(CR, NC, GC, BI, LI, HI)
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
1/80'; 21150'
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
CD 106:95
A Meeting of the La Porte
AUG 12 2013
Zoning Board of Adjustment
(Type of Meeting)
Scheduled for
August 22, 2013
(Date of Meeting)
to Consider
Special Exception Request #13-94000001
(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:
I am OPPOSED to granting this request for the following reasons:
i f
al e 1 e 1(-4dddress
L
Signature City, State, ip
44 / �x 4, -'C-4 -