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HomeMy WebLinkAbout03-27-14 Zoning Board of Adjustment MeetingCity of La Porte Zoninq Board of Adjustment Meetinq Agenda Notice is hereby given of a Regular Meeting of the La Porte Zoning Board of Adjustment to be held March 27, 2014, at 6:00 p.m. 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 A public hearing will be held to consider Variance Request #14-93000002 for property identified as Lots 25 through 30, Block 715, Town of La Porte, Johnson Hunter Survey, Abstract No. 35, Harris County, Texas. The applicant, Analytic Stress Relieving, Inc., seeks a variance from current building setback requirements contrary to the provisions of Section 106-622 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 6. Administrative Reports 7. Board Comments on matters appearing on agenda or inquiry of staff regarding specific factual information or existing policy 8. 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 March 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: Minutes Board Members Present: Board Members Absent City Staff Present: 1. Call to Order. Zoning Board of Adjustment Minutes of November 12, 2013 Rod Rothermel, Charles Schoppe, T.J. Walker, and Nettie Warren (Alt 1) Chester Pool, Sherman Moore, and 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. 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 City's Code of Ordinances. A. Staff Presentation City Planner Masood Malik presented the staff report for Variance Request #13-93000006. The applicant, Lori Evans on behalf of D.R. Horton, is requesting a waiver of 3.8' from the City's rear building setback requirement for Lot 53, Block 2, Lakes of Fairmont Greens Subdivision, Section 1. Public hearing notices were mailed to three property owners located within 200' of the 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 Mark Follis, 831 S. 7t" 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 rear 15' building setback line for the property located at 2322 Eagle 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 encroachment into the rear 15' building setback 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 12014. Rod Rothermel Vice -Chairman, Zoning Board of Adjustment Variance Request #14-93000001 327 Dwire 1. Staff Report 2. Application (with supporting documentation/photos provided by applicant) 3. Approved Fence Placement Plan 4. Area Map 5. Public Responses Staff Report March 27, 2014 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, LaPorte, Harris County, Texas. Zoning: Low Density Single Family Residential (RI) 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 City's 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. The City's Code of Ordinances, Section 106-791, prohibits a fence being erected within the required 25' front yard setback in residential 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 fence as "...a manmade structural barrier erected on or around a piece of property or any portion thereof." Zoning Board of Adjustment March 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 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. 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 applicant's request would be contrary to the 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 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 March 27, 2014 Page 3 of 3 question." Security of the property and safe operation however, may be considered in this regard. Conclusion/Recommendation: 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 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 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, Planning & Development Department 604 W. Fairmont Pkwy. La Porte, TX 77571 VARIANCE APPLICATION Phone: 281,470,5058 Fax: 281.470.5005 www.laportetx.gov 1. PROPERTY OWNER CONTACT INFORMATION: OWNER NAME: btnifi5, -. ?,C° i e AN PHONE 1: %3­ -40'+ PHONE 2: 1 - 0 4 12- FAX 4: E-MAIL: �06(`,�C (N e,otr-� MAILING ADDRESS: Pc, 2. *AGENT REPRESENTING PROPERTY OWNER (if Applicable): AGENT/ CONTRACTOR COMPANY: PHONE 1: PHONE2: E-MAIL: FAX It: MAILING ADDRESS: CONTACT PERSON'S NAME: PHONE: 3. PROPERTY DESCRIPTION: HCAD PARCEL NO(s) 13-digit Tax ID(S): CAQ�,,, or)_1 - W.Cr, -- mx) 1 0 (, u:)_ CX) t -1 0019 PROPERTY ADDRESS (if existing): Jb W.. t_o_ R V -� e- 1_� -1 `7 5_ b W o(a t,6i3 V's 1 1­1 4 k q1 t1_ ��13 eAe_ 'L.- clxk�. PROPERTY LEGAL DESCRIPTION: "m iblzffie, AV3 ' r) em., ()_QyJ x t0 AAL( i-0 )L\ 4. BASIS FOR VARIANCE REQUEST: A "Variance" constitutes a deviation from the literal provisions of the Zoning Ordinance and is granted by the board when strict conformity to the Zoning Ordinance would cause an unnecessary hardship because of the circumstances unique to the property on which the variance is granted. Check applicable box for Variance request based on exceptional: 13Narrowness U" Shallowness 13 Shape 0 Topography 210ther extraordinary or exceptional physical situation, unique to property: 41tm enld - 'Ob V 14 5. APPLICATION CHECKLIST& SUPPORTING DOCUMENTATION (check boxes Indicating items submitted with your application): 'COMPLETE ITEMS 1-5 OF APPLICATION SUBMIT $150 APPLICATION FEE (Non -Refundable) Mi ATTACH SEPARATE SHEET WITH INFORMATION HELPFUL IN CONSIDERING YOUR REQUEST: (Specify the facts involved, relief desired, and the grounds for the request,) 19 WRITTEN AUTHORIZATION' FROM PROPERTY OWNER TO ACT ON HIS/HER BEHALF (If applicable) con _ tl NOTE: Itisthe res � ns illtyofthe .pp��Ilc to, prove that Iris/her request ­meet5, ittonsesta I d for a Special Exception from the ZBOA. ',nd-i-' PRINTED NAME- f6e__�,LQ ) SIGNATUR0__.,__ ;­ LDATE SUBMITTED: fSTAFFUSEONLY), APPLICATION NO., Q_ 14— 14 DATEAPPLICATION REC'D,: APPLICATION REC'D BY: SITE PLAN REC'O [;K$150 APPLICATION FEE RECD MIAPPLICANT'S SUPPLEMENTAL INFO REC'O 0OWNfRAUTHORIZATION ZBOA MEETING DATE: -7 — 14 VAYYAI,.- 6RANTED? M YES 13NO Dorsett Variance Request 0 14 On 10/2/13 1 submitted the paperwork to have a fence permit approved. We spent $8000.00 on the cedar fence we are asking that you approve the variance that we are requesting as we do not have an additional $2000.00 to have it moved. Below are the reasons that we wish to have you approve the variance that we are filing: The money that we do have saved, which isn't enough to have the fence moved, is to be used to purchase more physical therapy items for our son Jacob who is a special needs child. He was born with partial agenesis of the corpus collosem. The short definition of this disability is that the grey matter between the right and left side of the brain was not fully formed when in the womb and he has issues with the brain firing completely and sending the signals that normal children get. Jacob is a very trusting child due to this disability, Fie also needs lots of work with physical therapy as well as occupational therapy to get his muscles up to the age of 9 -- at this time he has a hard time lifting a gallon of milk and carrying it from the car, much less picking kit) a 10 1b, weight. We currently have items in; the back yard that he works with to help better his agility, muscles and coordination. We have also acquired a puppy that is being trained as a type of service dog for Jacob. The two are inseparable and fie is teaching Jacob responsibility and how to care for another besides himself. There is a young man, probably in his late 20s, who frequently walks up and down tile streets of our neighborhood talking to himself and he tends to loiter in front of our house as well as the daycare across the street. This young man has been arrested a couple times in front of our house and removed' a couple of times by the police without being arrested. We as parents worry about the welfare of our child as well as the children at the daycare. Before the fence was placed he would walk through our yard to get to the daycare area quicker. The fence acts as a safety to these children as well as my own. It seams that if he doosn't see the kids / daycare he doesn't make it over to Dwire quite as often as he used to. I believe that with all the other fences in the area (pictures have been attached) we are actually set back further than most that are sitting on the property line, some even have fences in front of the house where ours is not in front of the house at all it is to the side. I thank YOU for your time and consideration Of our request. Sincerely, Rebecca Dorsett 327 Dwire Dr. La Porte, TX 77571 u/s/m, RE Frorn: Donna. B eaver@s hel Lcorn Sent: Tuesday, February 04, 2014 12:50 PM To: Becky Dorsett Subject: Fence Becky, As the mortgagee and lien holder of the property at 327 Dwire Drive, (and, associated lots), LaPorte, Texas 77571, 1 fully approve of the recently installed fence. The fence has enhanced the appearance of the property, as well as being a very noticeable contribution to the neighborhood. ('in sure that the value added to the property is Much more than monetary for you and your family. I appreciate the hard work that you and your family have done to improve the home and property. Donna Beaver Scheduler - SDPC 4000C Shell Oil Products Company, LLC 5900 Hwy 225, Deer Park, TX 77536 Tel: 713.246.7312 Email: Don tie. Beqv-qfQqheI-[,qo,rn. Internet: [It tp-//www.shelldeerp corn 02-03-14 To whom it may The fence that is up across the street on property is not a problem for us here a Beacon School. We think it looks nice. Thank You Oz. � The following is an excerpt from the City of La Porte Code of Ordinances: SEC. 106-1'92. VARIANCE. (a) Application for variances. All applications for a variance from the terms of this chapter shall be in writing and shall specify the facts involved, the relief desired, and the grounds thereof, Each such application shall be filed with the enforcement officer who after investigation shall transmit such application together with his report to the board of adjustment within, ten days after the filing of the application with the enforcement officer, (b) Findings of fact/definition of hardship. (1) The term "variance" shall mean 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. (2) 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 That by granting the variance, the spirit of this chapter will be observed, (3) The applicant shall have the burden of proving to the board that the foregoing conditions have been met. (c) Use variance prohibited. No variance shall be granted to permit a use in a zoning district in which that use is prohibited. (d) Hearings on applications for variances. The board of adjustment shall fix a reasonable time for the hearing of all applications for variances, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time, as specified in section 106-1 94. 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I am in FAVOR of granting this request for the following -reasons: I am OPPOSE to granting this -re est for the followingke sons: 1 Naive (please print) Address i nature city, State, Zip A Meeting of the La Porte Variance Regnest #1.4-93000001 (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: Ova �€ � C I am OPPOSED to granting this request for the following reasons. Name )lease print) Signature ( Address � tf a Ir Tx- , 77.E T% city, State, Zip Variance Request #14-93000002 Lots 25-30, Block 715 1. Staff Report 2. Proposed Setbacks for BI Zoning Districts 3. Application 4. Conceptual Plan 5. Area Map 6. Public Responses Staff Report March 27, 2014 Variance Request # 14-93000002 Requested by: Analytic Stress Relieving Inc. Requested for: A Variance to the La Porte Code of Ordinances, Section 106-662 for an encroachment into the building setback requirements within a Business Industrial Zone. Location: Southwest corner of N. 17t' and Polk Streets, Lots 25-30, Block 715; Town of La Porte, Johnson Hunter Survey, Abstract 35, La Porte, Harris County, Texas. Zoning: Business Industrial (BI) Backeround: The applicant is requesting a variance to allow for an encroachment of 30 feet into the 50 foot front setback and an encroachment of 20 feet into the 30 foot side setback requirement in order to allow for construction of a proposed two-story office building. The total site area of the subject tract is approximately 0.4307 acre, (18,750 square feet) consisting of five lots fronting N. 17t' Street just south of Polk Street. The property is zoned Business Industrial (BI) and is currently vacant after the recent demolition of a smaller industrial structure that was setback approximately the same distance as the building being proposed in this application. This proposed office is a General Commercial use, but because it is within a Business Industrial zone, the Code of Ordinances currently requires a greater setback of 50 feet in the front and 30 feet on the side. Both General Commercial (GC) and Light Industrial (LI) currently allow for 20 foot front and 10 foot side setbacks. While a great majority of the blocks fronting West Main Street between SH 146 and Sens Road are commercially zoned, there is a small segment (five blocks immediately west of 16t' Street and north of West Main) that are zoned Business Industrial. Most of the existing buildings in this small BI area are pre-existing, non -conforming and therefore, do not conform to the BI setbacks. The City's Code of Ordinances, Section 106-662, prohibits a building from being erected within the required 50 foot front setback and within the 30 foot side yard setback in BI 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. Zoning Board of Adjustment March 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 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. Analysis: Staff analyzed the surrounding area and based upon site inspections, the following considerations are noted: From a land use standpoint, a business industrial zone is a hybrid of general commercial and light industrial zones. However, from a setback standpoint, it was intended to create a business park feel by providing for greater setbacks common in master planned business industrial parks that are more self-contained. Were this property zoned commercial or light industrial, the building would conform to the setbacks in each of those zones. • Several buildings in this particular BI area have been developed as stand- alone industrial facilities many years ago and do not conform to a master planned, business park design. Additionally, most of those same buildings are situated upon the property at setback distances which are similar to that proposed for this structure. The City is not aware of any restrictive covenants applicable to the subdivision that would otherwise require additional setbacks specified in a BI zone. The subject intersection does not have an over abundance of traffic circulation and site visibility triangles appear to be adequate even with the zero lot line structure located on the block to the east. Zoning Board of Adjustment March 27, 2014 Page 3 of 3 In determining if granting the applicant's request would be contrary to the public interest, it is noted that the Planning Commission is in the process of completing a full scale review of the 106 Zoning Code. The subcommittee presenting its findings has drafted a proposal that among other things, recommends BI setbacks be made consistent with other LI and GC zone setbacks. While this proposal has not yet passed, it is part of the proposed recommendation. Staff does not otherwise contemplate any problem that this development would pose that could be deemed contrary to the public interest. 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 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." The small size of the platted blocks in light of the large setback requirements of a BI zone, contribute to the hardships to development of property in this area. Conclusion/Recommendation: 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 staff recommendation is to allow for an encroachment of 30 feet into the 50 foot front setback and an encroachment of 20 feet into the 30 foot side setback requirement in order to allow for construction of a proposed two-story office building. Staff believes the spirit of the ordinance remains intact because BI setbacks would most appropriately be applied in a master -planned business -industrial park setting. 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. Subpart B - LAND USE REGULATIONS Chapter 106 - ZONING ARTICLE III, - DISTRICTS DIVISION 4. - INDUSTRIAL DISTRICT REGULATIONS Subdivision I. Generally GORMFUGWR of a"nd shall b"ermitted withi e-stipulated s aGk-s,49r-usinessb z-Gf4iAg-diwGt6-. j, ,Tr°racl i rg teopinals H Gk Uses. TruG4dng4&Fmi-nalc,64alt-be4lowed on1y4n4kjhGR4u&t4a1 (Ltyand-h , indust,;a-H441) zoning distr'Gts--and shal Aher restr Gted o-40Gatien6-direG4 adjaGen. .9 authorized tfuc;k ro es in sanne are desipated-4n-&!„gttgL4 ' f this GGde) 10 R-sakkU-a-n444�-�n�ng-cfistfi--t,-. Any tFUGk terFn!ir+a-operathg4n--whGle--oF in part GoRtain"Fd-GF GGnveFtinq to-a-GorvWn"e restriGted-to-hea"(1, lqtr a4l4l) ZGRe only. ee:,segfion this chapter for -ad nal requirem _L- (Ord, No. 1501 U, § A(art. 13), 9-23-9(3- Ord. No. 1501 -AA, § 6, 3-23-98Ord, No, 15014313, § 5, 9-15- 98; Ord. No. 1501-11, § 5, 3-27-00; Orcl. No. 1501-0000, § 7, 6--27-05; Ord, No 1501-Q6, § 6(Exh. F), 1-12-09) re l=. 11 1 Sec. 106-522. Table 13, industrial area requirennents. (a) Table B, industrial area requirements uses 4M inimurn Maximum Minimum Adjacent Maximum Bldg. Design Landscaping Lot Yard to Height6 Standardslo Requirements Coverage Setbacks Residential (feet) (percent) (percent) F.R.S. Minimum 1,3,5 Yard (feet) Setback F. R. S. 2,5 (feet) BI business- 6 50 50 40 39 50-40-30 N/A 100% industrial pa+k; all masonrylo permitted or 5 % up to one acre 20-10-10 conditional -four foot minimum frontage 7.5 % one acre - 10 acres -10 foot minimum frontage 10 % - greater than 10 acres - 25 foot La Porte, Texas, Code of Ordinances Page 115 City ai La Porte 604 W. Fairmont Pkwy. Planning & Development Department La Porte, TX77571 VARIANCE APPLICATION Phone: 281.470.5058 Fax: 281.470.5005 www.laportetx.gov 1. PROPERTY OWNER CONTACT INFORMATION: �/ g OWNER NAME: AI- ��lG 57)0 4.� �11,4 X NC9 � HONE 1: a�yC d 71 / � 00 PHONE 2:.3.4 < �y ^ ?-e 7 9,9 FAX 11: % %� U ✓ T E-MAIL: 0 &? Al 4� MAILING ADDRESS: & 2. *AGENT REPRESENTING PROPERTY OWNER (If WNER(If Applicable): AGENT / CONTRACTOR C MPANY: �/t/ �/1 "9 T ��I�{/f� �S J� l �� j {/►' C PHONEI: D �.�3 D PHONE 2: _ ~^ l3rt' " �� " J-. _2 �D E-MAIL: (11 %lu 5 STc� Sr FAXIl: MAILING ADDRESS*—/ . an M�%�E /ff%%�D 5%r� TX � , TX 7 7 CONTACT PERSON'S NAME: 1.E�/� L.L. �sPl� / %'7� PHON 3. PROPERTY DESCRIPTION: �] // ,c o �j HCAD PARCEL NO(s) 13•dig€L Tax ID{s): /7 G�,0 ' 6,7 y -y o7 ` d1•� - d'33 /T �/�� d -Q 0 7 - efC3,27 PROPERTY ADDRESS (If existing): PROPERTY LEGAL. DESCRIPTION: L 0TJ a �� �� .Z D A , 0-3O /N 1J.COCle ­* 715- 4. BASIS FOR VARIANCE REQUEST: A "Variance" constitutes a deviation from the literal provisions of the Zoning Ordinance and Is granted by the board when strict conformity to the Zoning Ordinance would cause an unnecessary hardship because of the circumstances unique to the property on which the variance is granted. Check, applicable box for Varlance request based on exceptional: Narrowness ® Shallowness ® Shape ® Topography Mother extraordinary or exceptional physical situation unique to property: S. APPLICATION CHECKLIST & SUPPORTING DOCUMENTATION (check boxes indicating items submitted with your application): COMPLETE ITEMS 1-5 OF APPLICATION 0 SUBMIT $150 APPLICATION FEE (Non -Refundable) ® ATTACH SEPARATE SHEET WITH INFORMATION HELPFUL IN CONSIDERING YOUR REQUEST: (specify the facts involved, relief desired, and the grounds for the request.) ® WRITTEN AUTHORIZATION FROM PROPERTY OWNER TO ACT ON H€S/HER BEHALF (If applicable) NOTE It Is the responsibility 'of`the applicant to prove that his/her request meets co do established` for %a Special Exception from the ZBOA. PRINTED NAME:,YdANNP /1%Ce7t SIGNATURE:BATESUBMITTED:� a6 (Applicant) {App ant) 11 (STAFF USE ONLY). APPLICATION NO 1 AZ,6 0DD Dot DATE APPLICATION RECD.: T"dt V / APPLICATIONRFCD BY; A SITE PLAN RECD 191$150 APPLICATION FEE REC'D APPLICAJN�T'S SUPPLEMENTAL INFO RECD OWNER AUTHORIZATION ZBOA MEETING DATE. �� 1 �� A E�hi rMGRANTED? 13 YES ® NO LL C > (D 0 Z 0 U. r gL jT) I I I I I I I 0 I I ulg� Wd Mod 92 7 LL bQ cm zo ...... . ........ j -..O"SU AREA MAP VARIANCE REQ.14-93000002 r,(µ 11 V " . LOCATION OF P ROPE RTY co 2 H 00 Z Iry '��I�����r�K���� W MAIN ST NOT TO SCALE W POLK ST �u1 ` �,N�lya A Meeting of the La Porte Zoning Board of Adjustment . (Type of Meeting) `MAR 19 20ih Scheduled for a� R February 27, 2014`,': (Date of Meeting) to Consider Variance Request #14-93000002 (Type of Request) I have received notice of the above referenced public hearing. I am in FAVOR of granting tl- "equest for the following reasons: ifs 19�-p l �� �-7f I am OPPOSED to granting this request for the following reasons: Name (pleas print) Signature l q 2 0 a-�'1-4'� Address City, State, Zip A Meeting of the La Porte , �-' r 7 r my Zoning Boatd of Adjustment (Type of fleeting) I fp® Scheduled for February 27, 2014 (Date of fleeting) to Consider Variance Request #14-93000002 (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: yp,&pp 5 cp Zo tell &'r,// G 1,7i j I am OPPOSED to granting this request for the following reasons: Name (please Signature Zo yt/ /g A dress 1-12 ;' 7/ City, State, Zip