HomeMy WebLinkAbout02-27-14 CANCELLED Zoning Board of Adjustment Meeting
City of La Porte Zoning Board of Adjustment Meeting Agenda
Regular Meeting
Notice is hereby given of a of the La Porte Zoning Board of Adjustment to be held
February 27, 20146:00 p.m.
, at in the Council Chambers of City Hall, 604 West Fairmont Parkway, La
Porte, Texas, according to the items of business listed below:
1. Call to order
2. Elect a Vice-Chairman
3. Consider approval of November 12, 2013, meeting minutes.
4. A public hearing will be held to consider Variance Request #14-93000001 for the property
located at 327 Dwire, further described as Lots 1, 2, 17, & 18, Block 5, Bay Oaks Subdivision, W.
P. Harris Survey, Abstract No. 30, La Porte, Harris County, Texas. The applicants, Dennis and
Rebecca Dorsett, seek a variance to allow a fence to remain in the front yard setback contrary
to the provisions of Section 106-791 of the Code of Ordinances. This variance is being sought
.
under the terms of Section 106-192 of the City of La Porte 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 February 27, 2014, agenda of items to be considered by the Zoning Board
of Adjustment was posted on the City Hall bulletin board on the ____ day of __________
2014.
Title: ______________________________
____________________________________________________
Out of consideration for all attendees of the meeting, please turn off all cell phones and pagers, or place on inaudible
signal. Thank you for your consideration.
Minutes
Zoning Board of Adjustment
Minutes of November 12, 2013
Board Members Present: Rod Rothermel, Charles Schoppe, T.J. Walker, and Nettie Warren (Alt 1)
Board Members Absent: Chester Pool, Sherman Moore, and Lawrence McNeal (Alt 2)
City Staff Present: City Planner Masood Malik, 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. Elect a Chairman
Motion by Charles Schoppe to nominate Rod Rothermel as Chairman. Second by T.J. Walker.
Motion carried.
Ayes: Charles Schoppe, T.J. Walker, Rod Rothermel, and Nettie Warren
Nays: None
3. Consider approval of the September 26, 2013, meeting minutes.
With no objection presented, the September 26, 2013, minutes were approved as presented.
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-foot 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 Code of Ordinances.
A.Staff Presentation
City Planner Masood Malik presented the staff report for Variance Request #13-93000006.
The applicant
City
Subdivision, Section 1.
Public hearing notices were mailed to three
subject tract. The City did not receive any response from the mail-out.
B.Applicant Presentation
Zoning Board of Adjustment
Minutes of November 12, 2013
Page 2 of 3
Roger and Melissa Martin, 10119 Shell Rock Rd., La Porte, were sworn in by Chairman
Rothermel. Mr. and Mrs. Martin, while raising their family, have lived in La Porte for 33
years and have plans to remain here as Mr. Martin is now retired. The Martins were
unaware the new home they purchased was a bit larger than would be allowed on the lot
and are now requesting favorable consideration of a variance to remedy the problem.
C.Public Comments
th
Mark Follis, 831 S. 7 St., was sworn in by Chairman Rothermel. Mr. Follis spoke in favor of
granting the variance, given the unique situation of the property. A detention pond exists
beyond the rear of the subject property; therefore there are no homes that would be
affected. Mr. Follis stated that setback requirements are being looked at by the Zoning
Ordinance Review Subcommittee.
D.Question and Answer
There were none.
Motion by T.J. Walker to approve Variance Request #13-93000006, allowing a 3.8 foot
encroachment into the re
Lane. Second by Charles Schoppe. Motion failed.
Ayes: Charles Schoppe, T.J. Walker, and Rod Rothermel
Nays: Nettie Warren
Motion by Nettie Warren to reconsider the prior motion. Second by Chairman Rothermel.
Motion carried.
Ayes: Nettie Warren, Charles Schoppe, T.J. Walker, and Rod Rothermel
Nays:
Motion by Charles Schoppe to approve Variance Request #13-93000006, allowing a 3.8 foot
k line for the property located at 2322 Eagle
Lane. Second by T.J. Walker. Motion carried.
Ayes: Charles Schoppe, T.J. Walker, Nettie Warren, and Rod Rothermel
Nays:
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 the Planning & Zoning Chapter 106 Review Subcommittee has completed
converting the commercial and industrial use table from SIC to NAICS.
Zoning Board of Adjustment
Minutes of November 12, 2013
Page 3 of 3
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
Chairman Rothermel adjourned the meeting at 6:19 p.m.
Respectfully submitted,
Peggy Lee
Secretary, Zoning Board of Adjustment
Passed and Approved on , 2014.
Rod Rothermel
Vice-Chairman, Zoning Board of Adjustment
VarianceRequest#14-93000001for
327Dwire
1.StaffReport
2.Application(withsupporting
documentation/photosprovidedby
applicant)
3.ApprovedFencePlacementPlan
4.AreaMap
Staff Report February 27, 2013
Variance Request # 14-93000001
Requested by
: Dennis and Rebecca Dorsett
Requested for
: A Variance to the La Porte Code of Ordinances, Section 106-791 for a
perimeter fence constructed within the front yard setback.
Location
: Lots 1, 2, 17, 18, Block 5; Bay Oaks Subdivision, W. P. Harris Survey,
Abstract 30, La Porte, Harris County, Texas.
Zoning:
Low Density Single Family Residential (R1)
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 approximately 20,000 square feet consisting of four lots; two
of which front Dwire and two front Bay Oaks Drive. There is an
unimproved right of way immediately to the west of the subject properties.
The property is zoned low density residential and is appropriately being used
as residential with a single family unit placed on the northeast lot (lot 2). The
Cit Code of Ordinances prohibit a fence being erected within the required
front yard setback of any residential property.
Last year, the City approved a permit to construct a fence. The conditions
imposed on the permit required the fence to be built at the front setback line
which is 25 feet from the right of way/property line, however the contractor
placed the fence at a location approximately 25 feet from the edge of the
road. The resulting fence location is within the applicants property, a few
feet back 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 forward of the front
property lines of both Dwire and Bay Oaks Drives.
Ordinances, Section 106-791, prohibits a fence being erected within the
required 25residential zoning districts.
Legal Requirements
: 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 fenca manmade structural barrier erected on or
around a piece of property or any portion thereof
Zoning Board of Adjustment
February 27, 2014
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:
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
distinguished from a hardship relating to convenience, financial
considerations or caprice, and the hardship must not result from the
That by granting the variance, the spirit of the chapter will be observed.
Analysis
: Staff analyzed the surrounding area and based upon site inspections, the
following considerations are noted:
The subdivision in question was constructed many years prior to
annexation into the City of La Porte in 1989. Because Harris County
did not require front yard fence setbacks, several homes in the
subdivision are constructed with fences on or about the front
property lines.
The City is not aware of any restrictive covenants applicable to the
subdivision that would otherwise require fence setbacks.
The department has verified the claim of the applicant that numerous
homes within the subdivision have existing fences forward of the
front yard setback lines, including adjacent units. It appears to be a
common form of development circumstance within the subdivision.
In determining if granting the appl
public interest, Staff recognizes the family has issues related to previous
criminal activity occurring in the vicinity of the property. It is also
acknowledged that such activity when analyzed in connection with a special
needs individual, results in a unique need for additional security.
In viewing the specific grounds for granting a variance, however, staff points
-192.
of exceptional narrowness, shallowness, shape topography, or other
extraordinary or exceptional physical situation unique to the property in
Zoning Board of Adjustment
February 27, 2014
Page 3 of 3
considered in this regard.
Conclusion/Recommendation
:
this request observes the spirit of the ordinance. Based on the facts noted in
this report, the staff recommendation is to allow the fence in its current
location due to the mitigating factors above described including the common
and historic practice within this subdivision to build fences forward of the
building line, for factors related to the criminal activity that has occurred in
the vicinity of this property, and for cause/need specifically applicable to the
family requesting the variance.
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, 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.
CityApprovedFencePlacementPlan
AREA MAP
FAL
K AV
E
LOCATION OF
PROPERTY
(327 DWIRE DR.)
DWI
RE D
R
GALVESTON BAY
BAY
OAKS DR
Legend
F
AIRFIELD AVE
PARCEL
LA PORTE CITY LIMITS