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Home My WebLink About11-12-13 Zoning Board of Adjustment MeetingCity of La Porte Zoning Board of Adjustment Meeting Agenda Notice is hereby given of a Special Called Meeting of the La Porte Zoning Board of Adjustment to be held on November 12, 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. Elect a Chairman 3. Consider approval of September 26, 2013, meeting minutes. 4. A public hearing will be held to consider Variance Request #13-93000006 for the property located at 2322 Eagle Lane, further described as Lot 53, Block 2, Lakes at Fairmont Greens, Section 1, W. P. Harris Survey, Abstract 30, La Porte, Harris County, Texas. The applicant seeks a variance to allow 3.8 feet encroachment into the rear 15' building setback line, which is prohibited by the Code of Ordinances. The variance is being sought under the terms of Section 106-192(b) (2) of the City's Code of Ordinances. A. Staff Presentation B. Applicant Presentation C. Public Comments D. Question and Answer 5. Administrative Reports 6. Board Comments on matters appearing on agenda or inquiry of staff regarding specific factual information or existing policy 7. Adjourn A quorum of City Council members may be present and participate in discussions during this meeting; however, no action will be taken by Council. In compliance with the Americans with Disabilities Act, the City of La Porte will provide for reasonable accommodations for persons attending public meetings. To better serve attendees, requests should be received 24 hours prior to the meetings. Please contact Patrice Fogarty, City Secretary, at 281.470.5019. CERTIFICATION I certify that a copy of the November 12, 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 Board Members Present: Board Members Absent City Staff Present: 1. Call to Order. Zoning Board of Adjustment Minutes of September 26, 2013 Rod Rothermel, Chester Pool, Charles Schoppe, T.J. Walker, Sherman Moore, and Nettie Warren (Alt 1) Lawrence McNeal (Alt 2) City Planner Masood Malik, Assistant City Attorney Clark Askins, and Office Coordinator Peggy Lee Vice -Chairman Rod Rothermel called the meeting to order at 6:00 p.m. 2. Consider approval of the August 22, 2013, meeting minutes. With no objection presented, the August 22, 2013, minutes were approved as presented. 3. A public hearing will be held to consider Variance Request #13-93000005 for 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, L.P., 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 Code of Ordinances. A. Staff Presentation City Planner Masood Malik presented the staff report for Variance Request #13-93000005. The applicant is requesting a reduction in the number of parking spaces required for a proposed 180-unit apartment complex for adults 55 years and older to be located along Canada Road. The applicant is requesting approval to provide 1.3 parking spaces per unit; staff is recommending 1.4 parking spaces per unit. Mr. Malik provided examples of the number of parking spaces allowed at other senior facilities in La Porte and in surrounding cities. Public hearing notices were mailed to 21 property owners located within 200' of the subject tract. The City received two responses in favor of the variance, one of which was from the Pecan Crossing Homeowners' Association. B. Proponents Casey Bump, 901 Red River Apt. 1310, Austin, TX, was sworn in by Vice -Chairman Rothermel. Mr. Bump provided Board Members with a brochure about the company he represents - Bonner Carrington, who will own, maintain, and operate the apartments. Mr. Bump provided a brief summary of his request. C. Opponents There were no opponents. Zoning Board of Adjustment Minutes of September 26, 2013 Page 2 of 2 D. Proponents Rebuttal There were no rebuttals. Motion by Sherman Moore to approve Variance Request #13-93000005, reducing the number of required off-street parking spaces to 1.3 parking spaces per unit for proposed Mariposa at Pecan Park along Canada Road. Second by Chester Pool. Motion carried. Ayes: Rod Rothermel, Chester Pool, Charles Schoppe, T.J. Walker, Sherman Moore 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 on the following proposed developments: • Lakes at Fairmont Greens - approximately 60% complete • Retreat at Bay Forest North — construction underway • 75-lot residential subdivision west of Sens Road and north of Spencer Highway is being proposed 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 Motion by Chester Pool to adjourn the meeting. Second by T.J. Walker. The meeting was adjourned at 6:35 p.m. Respectfully submitted, Peggy Lee Secretary, Zoning Board of Adjustment Passed and Approved on 12013. Rod Rothermel Vice -Chairman, Zoning Board of Adjustment VARIANCE REQUEST # 13-93000006 2322 Eagle Lane EXHIBITS: STAFF REPORT APPLICATION FOR VARIANCE EXHIBIT A — AREA MAP EXHIBIT B — PLOT PLAN EXHIBIT C - SECTION 106-333, CODE OF ORDINANCES EXHIBIT D — PUBLIC NOTICE RESPONSE (none received) Staff Report Variance Request #13-93000006 Requested by: D. R. Horton (Builder) c/o Lori Evans November 12, 2013 Requested for: Waiver of 3.8' from the City's rear building setback requirement of 15' on Lot 53, Block 2, Lakes at Fairmont Greens, Section 1. Location: Lakes at Fairmont Greens, Section 1, Lot 53, Block 2, Film Code No. 620028, M.R.H.C., W. P. Harris Survey, A-30, LaPorte, Harris County, Texas. This property is further described as being located between State Highway146 and the Bay Forest Golf Course, south of Wharton Weems Boulevard. Zoning: Planned Unit Development (PUD) Land Use Plan: Low -Density Residential Background: Lakes at Fairmont Greens is a residential subdivision located along State Highway 146 South west of the Bay Forest Golf Course. Under the terms of Development Ordinance 1444, this development is classified as a major subdivision. The subdivision consists of 92 lots, 2 blocks, 2 reserves, and two points of entry/exit along Wharton Weems Boulevard. A density of 2.70 dwelling units per acre conforms to the Code of Ordinances, Section 106-333, Table B, residential area requirements of the City. The builder, D. R. Horton, began construction last year on ten lots in the subdivision. A model home was completed in September, 2012, and subsequently more lots were added to the inventory. Nearly, 65% of the subdivision is built -out. The homeowner of lot 53 has selected Plan No. W464. The subject lot specifications are as follows: Lot Area: 70'x 115' Depth of lot: 115' Front building setback: 25' Rear building setback: 15' Side building setback: 5' Available building area depth: 75' Board of Adjustment November 12, 2013 Page 2 The homeowner intends to build a house, which requires a buildable area depth of 78.8' to accommodate bay window in the master bedroom. Using the City's setback standards for the rear building line, the submitted plan does not meet the requirements. Staff discussed the following options with the applicant: • re -arrange the building layout within the existing lot area to comply with setback requirements; or • submit a variance to the Board of Adjustment seeking relief of the rear building setback. Citing Section 106-192 B (2) b, the applicant is seeking a variance to reduce the required rear setback from 15' to 11.2'. The applicant has stated that reducing the rear building setback will allow the builder to honor the executed sales contract with the prospective buyer and subsequently improve sales of the remainder of lots in the subdivision. Analysis: Section 106-192 B(1), in the Code of Ordinances, defines a variance as deviation from the literal provisions of the chapter which is granted by the Board when strict conformity to the chapter would cause an unnecessary hardship because of the circumstances unique to the property on which the variance is granted. Except as otherwise prohibited, the board is empowered to authorize a variance from a requirement when the board finds that all of the following conditions have been met. ❖ That the granting of the variance will not be contrary to the best public interest. ❖ 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. Board of Adjustment November 12, 2013 Page 3 The Board is charged with deciding if the applicant's request to have rear building setbacks at 11.2' instead of 15' per Code of Ordinances is reasonable and whether all of the above conditions have been met. The applicant believes that imposing current setbacks will void the contract and may cause potential loss of these homes in the subdivision. The applicant requests that the Board recognize this as a hardship. Conclusion: Variance Request seeks reduction of 3.8' rear building setback for Lots 53, Block 2, Lakes at Fairmont Greens, Section 1, contrary to the City's Code of Ordinances. The circumstances, however, for the requested variance is due to the property owner's own action. Physical shape, width and depth of these lots do not present any situation unique to the property. The applicant's variance request does not appear to meet the spirit of the Zoning Ordinance. The Board may consider: ➢ Granting the variance and allow a reduction of 3.8' on the rear building setback line. ➢ Denying the variance thereby denying construction of the building encroaching upon the rear building setback. 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. CITY OF LA PORTE ZONING BOARD OF ADJUSTMENT VARIANCE REQUEST Application No.: ft3— .3 0y�19 OFFICE USE ONLY; Fee: $I50.00 Date Received; 10-1r 13 Receipt No.; _ i v�Q Note: This Fee is Non -Refundable Regardless of the Board's Decision Applicant: � Name Ad ess 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 lam 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 FA Legal Description Site Plan (} Minor Development 5rte rian ( } Major Development Site Plan, () General Plan A Site Plan of the property is attached. Also, I have listed the information requested below on the following pages of this 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 Ibis request, 1plicant is NOT the owner, he must provide Authorizatio o act on the vner's half. rh Date Of ' 'nature Applicants Signature eIlse Oilly Site PIan and Authorization (if applicable) attached? Yes () No () Date transmitted to the Board of Adjustments: Meeting Date: Applicant Notified of Date: Notice to sua•rounding property owners- Date: Board's Decision; Approved () Denied () Notice of Boards Decision mailed to Applicant/Owner: TYPE OF RELIEF BEING SOUGHT: THE GROUNDS FOR THE REQUESTS: S:1CPShareIINSPECTION DI1iISION1Standar0 Forms\ZONINC BO IZD VARIANCI;.floc REVISION I0/21103 RYC VARIANCE REQUEST #13-93000006 LOT 54 w 00 N O I� RESTRICTED RESERVE "A" LANDSCAPE/ OPEN SPACE 13 T—T i �I t mi m� 5WS2V 70.00' 7' UT0.. MT. '20' AERIAL EASEMENT A SEE BEL01N_ is BL00. UNE Y _ W" -['OhFAFp_ h9 C 12.8' LOT 53 BLOCK 2 8050.0 SUT. PLAN No. W464 AC ELEV. "K" RIGHT CONC. = 3097 SQ.Fr. OPTIONS: FULL 13PJCK 36" WOOD BURITG, FIREPLACE, BAY WINDOW 5' GARAGE s D, 3 � � N 160, " e. 4A N12'56 32 70.00' __ _ =5' R 5' R 2322 EAGLE LANE (50' R.O.W.) 28' CONCRETE PAVEMENT i frNrE (TYPICAL) Iz I= m I» O o ui r LOT 52 N � I a Z BUILDER TO REQUEST FOR VARIANCE FOR ® 15' REAR BUILDING LINE ENCROACHMENT NOTES: 1. ALL BEARINGS SHOWN HEREON ARE BASED ON THE RECORDED PLAT. 2. TH15 LOT FIT WAS PREPARED VATHOUT BENEFIT OF A TITLE REPORT. THERE MAY BE EASEMENTS, Mt -DING LIKES k OTHER MATTERS OF RECORD NOT SHORN HEREON. SURVEYOR OR ALLPOINTS SERVICES CORP. IS NOT LIABLE FOR ANY DAMAGES THAT MAY INCUR IN ANY EVENT THE BUILDER 8UWS ANY IMPROVEMENTS PLOT PLAN CLOSER THAN 5.0' OR 1NTH.N AN EASEMENT. SCALE: 1 =20' LOT AREA PENCE: LINEAR Fr. BACK: 70 LEFC 51 RIGHT 56 FRONT LT. 13 FRONT RT. l3 CONC. PATiO 126 SQ. FE, PRIVATE WALK 31 SQ. FIN. PUBLIC WALK 216 SQ. FT. DRIVEWAY 4172 SQ, FC, IN -TURN 196 SQ. FP. FRONT SOD: 160 SQ, YD, BACK SOD: 238 SQ. YD. LEFTSOD: 46SQ. YD, RIGHT SOD: 37 SQ. YD. LOTCOVERAGE 38A7 % @2013. AU -PUNTS SERMCES CORP., ALL RIGHTS RESERVED FOR:DRHORTON ADDRESS: LOT 53, BLOCK 2, 2322EAGLBLANE LAKES AT FAIRMONT GREENS, SECTION 1, ALLPGINTS JOB #: DR56589 WB cP FILM CODE No. 620028, MAP RECORDS, oM HARRIS COUNTY, TEXAS �T D•R•HOl1l AAM ISSUE DATE: 9/6/2013�(�� ISSUE DATE: 7/5/2013 ISSUE DATE: 6/21/2013 ALL ISSUE DATE: 4/25/2013 SERVICES CORP PROM713468.7707 ISSUE DATE: 3/18/2013 ISSUE DATE: 3/15/2013 PAX: 713-921-1861 AILPOINTS SERVICES CORP. COMMERCIALIBUILDER DIVISION 15151VM ROAD HOUSTON, TEXAS 77080 �- H 0 RTO f opt Bay%%'bdow Master .-------------------------- Bedroom Opt Covered Patio EO Master Bath Family Study/ Opt Bedroom 4/ Opt Media Room - ------- „ Co t, , ----1- 0 Bath Bedroom 3 2 0 Bedroom 2, Entry Porch Breakfast DW ' 8 U 0:o o0 Kitchen Ref � En' Dining -, Mud Utility Room E IE E 'E Opt, I� Storage i it I II 1 II I Opt. 'I I 3 Car I� Garage :Garage I 1 'I 1 11 � 11 1 'I 1 EI 1 EI 3 E1 � E1 Et W464 Plan I &I IS 12/10 Prices, products and specificallons are subject to change without notice. EGUAt HWAIYa OPPORTUNITY ZONING See. 106-333. Table B, residential area requirements. (a) Table B, residential area requirements. § 106-333 Maxi- Mini- mum muin Lot Yard Mini- Cover - Setbacks Mini- mum agel Mini- L.F. mum Develop- Mini - MUM Mini- RR.S. Site ment mu]n Lot mum 2, 3 q s, Areal Open Land - Areal Lot 6, zo, Maxi- Unit Spacel scaping Uses D.U. Width 11, 12, is, muni S.F. Unit Required s S.P L.F. 14,15 Height 7 SY s, zs Single-family detached 6000 50 25-15-5 35 Ft. 9100 400/c/N/A 4.8 DU/A Single-family large lot 43560 90 25-15-5 45 Ft. 43560 — 40%/NIA 1.0 DU/A Single-family special lot line, 0 4500 40 20-10-0 35 Ft. 7300 footnote 600loIN/A lot line 6.0 # 1 DU/A Duplexes 6000 60 25-20-20 45 Ft. 8.0 Footnote 6011/c/N/A DU/A # 1 Single-family converted to 6000 50 20-10-5 35 Ft. NIA N/A 509c/N/A multifamily Townhouses, quadraplexes 2000 20 25-20-20 45 Ft. 4400 Footnote 759o/25% (10,000 s.f of site area 100 ft. 10.0 # 1 wide) DU/A Multifamily 20000 100 25-20-20 45 Ft. 1600 Footnote 6001o/25% 14 #1 DU/A Manufactured housing 4500 40 20-10-5 25 Ft, 7300 Footnote 600/c/6% 6.0 # 1 DU/A Manufactured housing subdivi- 100 of N/A NIA N/A NIA NIAINIA sion or parks (5 acre min.) front road frontage Group care facilities (less than. 25-20-10 -25 Ft. NIA N/A N/A/6% 6) and day care homes Public or private educational 30-20-10 45 Ft. NT/A N/A N/A/6% and religious institutions, large group care facilities, daycare centers, aecreational buildings, boarding, and nurs- ing homes Supp. No. 27 CD106:47