HomeMy WebLinkAbout09-26-13 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
September 26, 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 August 22, 2013, meeting minutes.
A public hearing will be held to consider Variance Request #13-93000005 for the property
located along Canada Road, further described as TRS 692C, 693B, 706 and 707, La Porte
Outlots, as recorded in Volume 83, Page 344, of the Deed Records of Harris County, William M.
Jones Survey, Abstract 482, La Porte, Harris County, Texas. The applicant, Mariposa Pecan
Park, LP., seeks a variance to reduce the off-street parking requirement for proposed "Mariposa
at Pecan Park" along Canada Road. 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. 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 September 26, 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 August 22, 2013
Board Members Present: Rod Rothermel, Chester Pool, Charles Schoppe, and T.J. Walker
Board Members Absent: Lawrence McNeal (Alt 1) and Sherman Moore (Alt 2)
George Maltsberger (resigned)
City Staff Present: City Planner Masood Malik, Public Improvement Coordinator Reagan
McPhail, Assistant City Attorney Clark Askins, and Office Coordinator
Peggy Lee
1. Call to Order.
Vice -Chairman Rod Rothermel called the meeting to order at 6:00 p.m.
2. Consider approval of the June 27, 2013, meeting minutes.
With no objection presented, the June 27, 2013, minutes were approved as presented.
3. A public hearing will be held to consider Variance Request #13-93000004 for the property
located at 1212 Robinson Road, further described as Lots 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 Code of Ordinances.
A. Staff Presentation
City Planner Masood Malik presented the staff report for Variance Request #13-93000004.
Property owners Manuel and Glenda Castillo are constructing a new home and are seeking
approval of a variance allowing a new fence to be erected on the property line within the
front yard setback area at 1212 Robinson Road. Mr. Malik noted that property line fences
are common in this area of town.
Public hearing notices were mailed to ten property owners located within 200' of the
subject tract. The City did not receive any responses to the mailout.
B. Proponents
Manuel Castillo was sworn in by Vice -Chairman Rothermel. Mr. Castillo, 3874 Pecan Circle,
addressed the Board. Mr. Castillo spoke of safety concerns he has for his granddaughter
since one of his neighbors has a swimming pool.
C. Opponents
There were no opponents.
Zoning Board of Adjustment
Minutes of August 22, 2013
Page 2 of 4
D. Proponents Rebuttal
There were no rebuttals.
Motion by T.J. Walker to approve Variance Request #13-93000004 allowing a fence to be
constructed on the property line within the front yard setback area at 1212 Robinson Road.
Second by Charles Schoppe. Motion carried.
Ayes: Rod Rothermel, Chester Pool, Charles Schoppe, and T.J. Walker
Nays: None
Assistant City Attorney Clark Askins read from Section 106-196 of the Code of Ordinances:
Appeals from the Board of Adjustment.
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
City Planner Masood Malik presented the staff report for Special Exception Request #13-
94000001. The City of La Porte is constructing a parking lot near the recently completed
Fire Station No. 1. The City is seeking approval of a special exception to allow a reduced
driveway distance from an intersection in order to align the driveways with the bays of Fire
Station No. 1 and maximize the number of parking spaces for the proposed parking lot. The
parking lot will serve personnel and patrons of the Fire Department, as well as visitors
during Main Street events.
Public hearing notices were mailed to 24 property owners located within 200' of the subject
tract. The City received one response in favor of the special exception.
B. Proponents
There were no proponents.
C. Opponents
Vice -Chairman Rothermel swore in William T. Manning, Jr., 108 S. 2nd Street. Mr. Manning
was unsure if he was in favor or opposed to the request, but he did have concerns with the
t-alley and drainage. The alley has not been accessible since the new fire station was
constructed.
Zoning Board of Adjustment
Minutes of August 22, 2013
Page 3 of 4
Vice -Chairman Rothermel advised Mr. Manning that the issues he had brought up were not
part of the request being considered.
Vice -Chairman Rothermel swore in Tom Gardner, 11918 N. Ave. "P" Street. Mr. Gardner
had been notified there would be a variance request for N. "P" Street. Mr. Malik reported
that particular item had been withdrawn by the applicant.
D. Proponents Rebuttal
There were no rebuttals.
Mr. Malik responded to questions from the Board confirming there are improvements planned
for the intersection and there is not a visibility issue with the site triangle.
Mr. Pool wanted to ensure the alley remains accessible and any drainage problems are avoided.
Motion by Chester Pool to approve Special Exception Request #13-94000001 allowing 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.
Second by T.J. Walker. Motion carried.
Ayes: Rod Rothermel, Chester Pool, Charles Schoppe, and T.J. Walker
Nays: None
Assistant City Attorney Clark Askins read from Section 106-196 of the Code of Ordinances:
Appeals from the Board of Adjustment.
5. Administrative Reports
Mr. Malik reported on the following proposed developments:
• 75-lot residential subdivision west of Sens Road and north of Spencer Highway
• Two convenience store/gas stations; one along Underwood Road at "L" Street and
another along Fairmont Parkway at Canada Road.
• Retail development along SH 146 south of Main Street.
• Senior multi -family development along Canada Road known as Mariposa at Pecan Park.
6. 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.
7. Adjourn
Motion by T.J. Walker to adjourn. Second by Chester Pool. The meeting adjourned at 6:22 p.m.
Zoning Board of Adjustment
Minutes of August 22, 2013
Page 4 of 4
Respectfully submitted,
Peggy Lee
Secretary, Zoning Board of Adjustment
Passed and Approved on 12013.
Rod Rothermel
Vice -Chairman, Zoning Board of Adjustment
VARIANCE REQUEST
# 13-93000005
Mariposa at Pecan Park
EXHIBITS:
STAFF REPORT
APPLICATION FOR VARIANCE
EXHIBIT A — AREA MAP
EXHIBIT B — SITE PLAN
EXHIBIT C - SECTION 106-839, CODE OF ORDINANCES
EXHIBIT D — PUBLIC NOTICE RESPONSE (not received to date)
Staff Report September 26, 2013
Variance Request #13-93000005
Requested by: Mariposa Pecan Park, LP. and Stuart Shaw, on behalf of Bobby Grisham,
Owner/Trustee
Requested for: Reduction in the amount of required parking
Legal Description: 12.9717 acres of land being a portion of 17.7717 acre tract of land located
along Canada Road, further described as TRS 692C, 693B, 706 and 707, La
Porte Outlots, as recorded in Volume 83, Page 344, of the Deed Records of
Harris County, William M. Jones Survey, Abstract No. 482, La Porte, Harris
County, Texas.
Location: 3535 Canada Road
Zoning: High Density Residential (R-3)
Background: Mariposa at Pecan Park is a proposed apartment complex designed
exclusively for active adults 55 years and older. The project is proposed for
12.9717 acres of land located approximately 1000' north of the intersection
of Canada Road and Fairmont Parkway.
To accommodate this project, the applicant requested a rezone from General
Commercial (GC) to High Density Residential (R-3). City Council, at their
August 12, 2013, meeting, approved the rezone request.
The applicant is now proceeding with plans to develop a 180-unit apartment
complex. On September 06, 2013, staff received a major development site
plan for the proposed project. During review, staff used the following
sections of the City's zoning ordinance:
Section 106-333 — As of now, the subject property is zoned High Density
Residential (R-3) and multi -family development (apartment) is a permitted
use. Using City ordinances, the project is determined to be multi -family;
therefore, maximum of 14 dwelling units per acre are applicable standards
for R-3 to the project.
Section 106-839 — Minimum parking requirements are based on occupant
use. Multi -family development (R-3) requires 1.5 parking spaces for one -
bedroom unit and 2.5 parking spaces for two -bedroom units. In addition, the
number of accessible parking spaces is determined based on the total number
of parking spaces provided for the facility.
Board of Adjustment
September 26, 2013
413-93000005
Page 2
Project calculations are as follows:
No. of Units Proposed
One bedroom = 107 units
Two bedroom = 73 units
No. of Parking Spaces
One bedroom 107 x 1.5 = 161 parking spaces
Two bedroom 73 x 2.5 = 183 parking spaces
Parking Spaces Required = 344
Parking Spaces Proposed = 258
(86 less parking spaces than required or 1.4 parking spaces per unit)
Using the City's parking standards; the submitted plan does not meet the
minimum requirements. Staff offered the following options to the applicant:
• Have a creative design to accomplish the parking along with amenities to
the detention pond.
• Re -arrange the site layout to meet the number of parking spaces required;
• Submit a Variance Request to the Zoning Board of Adjustment to reduce
the off-street parking requirement.
Citing Section 106-192 (b) (2) (b) of the Code of Ordinances, the applicant is
seeking a variance to allow a reduction of the off-street parking spaces from
344 to 258 spaces. The applicant's reason for providing fewer parking
spaces is that many of the residents will not have the ability or desire to
drive. The applicant also contends that senior apartments are less intense
than regular multi -family developments and require fewer spaces.
Currently, the site is undeveloped with an abundance of vegetation adjacent
to Harris County Flood Control drainage channel to the east. To the
northeast, the site is hampered by the pipeline easement. A proposed
detention pond will outfall into a drainage easement to the south. Two points
of ingress/egress along Canada Road are shown on the plan. The main
entrance to the facility is designed with a boulevard or split median.
Analysis: The Code of Ordinances defines a variance as: "a deviation from the literal
provisions of this chapter which is granted by the board when strict
conformity to this chapter would cause an unnecessary hardship because of
the circumstances unique to the property on which the variance is granted.
Board of Adjustment
September 26, 2013
413-93000005
Page 3
Except as otherwise prohibited, the board is empowered to authorize a
variance from a requirement of this chapter when the board finds that all of
the following conditions have been met.
a) That the granting of the variance will not be contrary to the public
interest;
b) That literal enforcement of this 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
c) That by granting the variance, the spirit of this chapter will be observed."
The Board must decide if the applicant's request for reducing the number
of parking spaces by granting this variance will be contrary to public
interest.
Minimum off-street parking requirements ensure that off-street parking areas
are designed and located to protect public safety, minimize congestion,
reduce solar heat gain, minimize traffic conflicts and congestion on parking
aisles and public streets, and buffer surrounding land uses and public areas
from visual and noise impacts.
The applicant believes the variance will prevent unnecessary impervious
cover and retain many trees located on the north end of the development.
The property is not unique, but the designated zoning district creates a
situation for this site. The front portion along Canada Road will remain
zoned commercial. In the variance application, the applicant has stated that a
detention pond is designed to serve future detention needs of the commercial
reserves; however, the detention pond is not oversized to accommodate
undeveloped commercial property in front of the proposed facility along
Canada Road. In addition, an existing pipeline easement that runs through
the north end of the subject site, presents design issues.
The current zoning ordinance would require a 1.91 space per unit parking
ratio for a total of 344 spaces for this development. The developer indicates
that with their previous senior developments, there is a parking ratio of 1.2
spaces per unit.
Board of Adjustment
September 26, 2013
413-93000005
Page 4
Staff researched several senior facilities to determine parking needs.
Churchill Place Apartments, a senior's independent facility at 1201 S.
Broadway was built in 2002. The Board of Adjustment granted a variance
for reduction of parking spaces. Based on 72 units, the number of parking
spaces required was 168. However, the City used the following method to
calculate parking: 72 units x 1.25, this yields 90 parking spaces.
According to the office manager at the facility, parking is not an issue, as
50% of the residents have cars, and average age of the residents is 70.
Happy Harbor Senior independent apartments complex at 900 Parkway
Street was built in the early 1980's. It consists of 48 one -bedroom units and
three (3) two -bedroom units situated on more than one acre. This complex
has approximately 47 spaces. According to the manager, 90% of the
residents own cars; parking can be a problem, especially on the weekend. In
Kemah, Lake Haven senior independent apartment complex has 144 units
and 144 parking spaces situated on 16 acres. About 50% of the residents
have cars; parking is not an issue.
Staff recognizes that Mariposa at Pecan Park is a development for the senior
population. As mandated by the Texas Department of Housing and
Community Affairs, an "Extended Use Period" is required on all new
construction projects that receive tax credits. This means the property
cannot be sold or leased to anyone but seniors for 40 years. Nonetheless,
staff is concerned about action after the 40-year period ends. Without
additional covenants/restrictions imposed on the property, it could revert to a
"regular" multi -family use. If this happens, the building will not have
adequate parking, and it could become a non -conforming structure.
canrincinn/
Recommendations: Based on the facts outlined in this report, staff believes the request for a
reduction in the off-street parking requirements may be considered with
conditions. These conditions are recommended to ensure that granting a
variance would not be contrary to the best public interest.
❖ Use the following method to calculate parking 180 units x 1.40. This
yields 252 spaces plus 7 accessible spaces for a total of 259 spaces.
❖ Covenants/restrictions are assigned to the property only allowing the
land and structure to be used as senior apartment home community in
perpetuity of the life of the structures.
❖ Identification of the Variance information (permit number, date of
passage and any conditions) is noted on the major development site plan.
This must be submitted to the City prior to approval and issuance of a
building permit.
Board of Adjustment
September 26, 2013
413-93000005
Page 5
While recognizing the circumstances associated with this request, the
Board could consider:
• Allowing the construction of proposed development with reduced
number of parking spaces (variance granted).
• Allowing the construction of proposed development with strict
compliance of the zoning ordinance to provide required number of
parking spaces (variance denied).
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, 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.
CITY OF LA PORT.E
ZONING BOARD OF ADJUSTMENT
VARIANCE REQUEST
Application No.: oeU,-
OFFICE USE ONLY: Fee: $150.00 Date Received:1-9-13
Receipt No.: 3 0--
Note: This fee is non-refundable regardless of the Board's decision
Applicant: Mariposa Pecan Park LP
Name
9D1 S. Mopao Expressway Bldg, 4, Ste, d88, Austin, TX 78746 $12-220-8000
Address Phone
I am the owner of the herein described property. I have authorized stuart Shaw
to act on my behalf in this matter.
Owner:
f:%L �� NO) 5 r-L
Name
QSA-W"�zLM-A ( )�-
Address Phone
I am requesting a variance to Sect. 13 q - of the City zoning regulations Chapter 106 of the
Code of Ordinances.
I am requesting this variance for property located at
Street Address
-f--e, a JAC, .913 6, a-1 70 fir. ?n.-,Ae 18^27s t/>°S
Fetal Description
() Site Plan ( ) Minor Development Site Plan
(.1Major Development Site Plan () General Plan
A Site flan 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 rellef I am seeking (setbacks, lot coverage, etc.).
c) The grounds upon which I am making this request.
* If applicant is NOT the owner, Inc must provide Authorization to out on the Own is h f.
- �
to App 'cant's i ature
Office Use Only
Site Plan and Authorization (if applicable) attached? Yes () No () /
�� e,.i�Bo{ Rip s�+t�cttda
Date transmitted to the Board of Adjustment:
Meeting Date: Applicant Notified of Date:
Notice to surrounding property owners- Date:
Board's Decision: Approved () Denied ( )
Notice of Boards Decision mailed to Applicant/Owner:
2
A variance is a "deviation from the literal 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
must 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:
See Attached Letter (4 Pages)
TYPE OF RE LIEF BEING SOUGHT:
See Attached Letter (4 Pages)
GROUNDS FOR THIS REQUEST:
See attached Letter (4 Pages)
S.\CPShareVNSPECTION DIVISION1.Standard FormsIZONING BOARD VARIANCE.doc REVISION7/25112 PL
FACTS RELEVANT TO THIS MATTER:
Stuart Shaw and Bonner Carrington LLC (BC), on behalf of Mariposa Pecan Park (the Applicant),
is seeking a variance to the minimum number of parking spaces required for Mariposa Pecan
Park, a 180 unit senior (55+) apartment home community in La Porte, Texas. BC has developed
several other senior communities in the state of Texas and has extensively studied parking
requirements for senior apartment home communities. BC strives is sensitive about how we
design so that we adequately serve our residents and we respect the environment by not over
building the number parking spaces in senior communities because often times they will sit
empty.
Several years ago when BC developed its first senior (55+) apartment community in San Marcos,
Texas, our team performed an extensive study to determine the appropriate number of parking
for senior communities. Our team visited similar senior apartment communities that were fully
occupied all times of the day and night and physically counted cars in the parking lots. What we
found was that the number of cars in the parking lots were about the same as the number of
units. One community that our team visited extensively contained approximately 200 units and
at no time were there more than 200 cars on site.
The BC team determined that there are a few reasons for why senior communities use fewer
parking spaces. First, the average resident is over 70 years old. BC communities for seniors are
designed for retirement living so it is not uncommon to see seniors relocating to a maintenance
free living situation after the loss of a spouse. In fact, many residents will be single and may or
may not keep a car. Second, a majority of our residents will not be employed and will spend a
majority of their time at Mariposa. There will be some apartment homes that will have two
residents, usually couples, who will not need a second car because they are trying to minimize
the cost of living by maintaining one car for the household. Finally there will be residents who
choose not to have a car at all because they may not be comfortable driving or are not able to
drive. Residents without a vehicle usually rely on friends and relatives to help them get around
town.
901 MOPAC EXPRESSWAY SOUTH BARTON OAKS PLAZA BUILDING IV SUITE 180 AUsT[N, TEXAS 78746
T- 512-220-G000 F; 512-329-9002
Page 2
TYPE OF RELIEF BEING SOUGHT:
Below is a table showing the current parking that we have built for all existing BC senior
communities. All of these communities are fully occupied and the amount of parking has proven
to be adequate for each community. Our team has found that appropriate parking for senior
apartment communities is 1.2 spaces per unit. The current zoning ordinance for the Mariposa
Pecan Park site would require a 1.91 space per unit parking ratio for a total of 344 spaces for a
180 unit senior community. We are requesting a parking ratio of 1.3 spaces per unit for a
minimum of 234 parking spaces to be required at Mariposa Apartment Homes at Pecan Park.
Community
Mariposa Hunter Road
Mariposa River Bend
Mariposa Reed Road
Mariposa Jason Ave
Mariposa Ella Blvd.
Mariposa Elk Drive (1)
Mariposa Bay Colony
Mariposa Bay Colony
(Code)
(Senior Appropriate)
Location
San Marcos
Georgetown
Houston
Amarillo
Houston
Burleson
League City
League City
Mariposa Pecan Park (Code) La Porte
Mariposa Pecan Park (Senior Appropriate) La Porte
Number
of Units
in
Project
182
201
180
96
182
180
180
180
Total
Parking
Spaces
211
257
263
121
249
234
317
251
344
234
Ratio of
Total
Spaces to
Units
1.16
1.28
1.46
1.26
1.37
1.30
1.76
1.40
1.91
1.30
Mariposa - TYPICAL SENIOR APPROPRIATE TYPICAL 180 216 1.20
Pootnote:
(1) City of Burleson City Council just approved 1.3
parking ratio for Mariposa at Elk Drive "sister property"
In Burleson, Texas.
Page 3
GROUNDS FOR THIS REQUEST:
l) The variance must not be contrary to the public interest.
The Applicant believes this variance request is not contrary to public interest. The site plan has
evaluated and taken efforts to preserve much of the native trees on site while providing
adequate parking for the senior residents. The BC team and the Applicant intend to make
Mariposa Pecan Park a beautiful addition to the La Porte community. This variance will prevent
unnecessary impervious cover and allow Mariposa at Pecan Park to save many large trees on the
north end of the community.
2) Literal enforcement of the Zoning Ordinance must result in a hardship. This hardship
must 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.
The 12.97 acre site has a few unchangeable properties that impact the site plan for Mariposa Pecan Park.
First, there is an existing median cut in Canada Road at the south entrance to Pecan Park. This existing
median cut requires the Applicant to place the entrance and front door to Mariposa Pecan Park directly in
the middle of the property. Second, the detention pond for the 12.97 acre site is being designed to serve
the future detention needs of the remaining commercial pad sites that sit between the proposed
Mariposa at Pecan Park site and Canada Road. In addition to oversizing the detention pond for the pad
sites the Applicant placed the detention pond in the only area that could have access to both the City
controlled drainage facility to the south and the Harris County drainage facility to the east. Third, there is
an existing pipeline easement that runs through the north end of the site, which presents a number of site
design issues. The placement of buildings, drives and parking all have been placed in respect to these
existing properties and make the existing parking requirements per the R-3 zoning ordinance infeasible
to be constructed as adjacent parking. In order to satisfy the ordinance, we would be required to
construct a remote parking lot at the north end of the 12.97 acre site and would result in a tremendous
loss of large trees that currently exist in that area that could be saved if a variance is granted. The current
site plan takes the matters discussed above into account. The existing parking requirements of the R-3
zoning ordinance are impractical and frankly, infeasible if the City wishes to maintain the large trees
currently located on the north side of the site and not construct what would be an empty remote parking
lot. In addition, we believe the addition of this remote parking lot would result in a hardship for the
community because of the additional, unnecessary impervious coverage that will be added and
vegetation that will be lost.
3) Granting the variance must not violate the spirit of the Zoning Ordinance.
The granting of this variance does not violate the spirit of the zoning ordinance, as it is fully our intention
to provide adequate parking for the senior residents. As long-term owners, BC and the Applicant have
Page 4
every motivation to design, construct and maintain our communities well. Mariposa Pecan Park will be a
fantastic addition to our portfolio and a beautiful addition to the community of La Porte.
4) No variance that allows a use that is prohibited within the Use zone in question unay be
granted. For example, a variance allowing a commercial use in a residential zone is not allowable.
This variance request does not request a prohibited use within the R-3 zoning ordinance. The Applicant
and BC are simply requesting that parking requirements for senior apartment homes be considered
different than other general population apartment homes because of the types of residents that will be
living there.
N
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§ 106-839
LA PORTE CODE
Sec. 106-839. Number of spaces required.
The following minimum number of off-street parking spaces shall be provided and
maintained by ownership, easement and/or lease for and during the life of the respective uses
hereinafter set forth. Such required parking shall include the required number of handicapped
parking spaces as regulated by the city building code, and the Southern Standard Building
Code.
Uses (SIC Code)
Single-family, attached or detached
townhouses, duplexes, manufactured hous-
ing, patio homes, modular housing and up to
four unit multifamily
Multifamily including condominiums
Group care facilities
Day care centers
Recreational buildings, private clubs, com-
munity centers
Libraries, museunns
Religious institutions, theaters, auditoriums
Public or private educational, elementary,
and junior high
Senior high school
Governmental and public utility buildings
and office structures
Colleges and technical institutes
Number of Parking
Spaces*
2
Required for Each
dwelling unit
1
efficiency unit
1.5
1 bedroom
2.5
2 bedrooms
3
3 or more bedrooms
1
4 beds
1
staff member
or employee
1
5 children
1
staff member
10 Minimum, Plus
1
1
1
1
1
1
I
1
200 s.f, in excess
of 2,000 s.f.
1,000 s.f. in excess
of 2,000 s.f.
4 seats in
assembly hall
20 students
staff member
4 students
staff member
300 s.f. of
1.5 students
staff member
Supp. No. 20 CD106:98