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Home My WebLink About11-05-15 Special Called Zoning Board of Adjustment Meeting CityofLaPorte ZoningBoardofAdjustmentAgenda Noticeisherebygivenofa SpecialCalledMeeting oftheLaPorteZoningBoardofAdjustmenttobe heldon Thursday,November5,2015,at6:00p.m.atCityHallCouncilChambers,604WestFairmont Parkway,LaPorte,Texas,regardingtheitemsofbusinessaccordingtotheagendalistedbelow: 1.Calltoorder. 2.Rollcallofmembers. 3. Considerapprovalofmeetingminutes:October14,2015. 4.ApublichearingwillbeheldtoconsiderVarianceRequest1593000003,arequestbyLaPorte LodgingHospitalityLLCtoallowconstructionofadrivewayforanewFairfieldInn&Suiteshotel at711Highway146Souththatis26.5feetfromtheintersectioncontrarytotheprovisionsof Section106835,Figure103oftheCodeofOrdinancesthatrequiresaminimumdistanceof40 feetfromtheintersection. a.StaffPresentation b.ApplicantPresentation c.PublicComments d.QuestionandAnswer 5.Administrativereports. 6.Boardcommentsonmatterappearingontheagendaorinquiryofstaffregardingspecificfactual informationorexistingpolicy. 7.Adjourn. AquorumofCityCouncilmembersmaybepresentandparticipateindiscussionsduringthismeeting. However,noactionwillbetakenbytheCouncil. IncompliancewiththeAmericanswithDisabilitiesAct,TheCityofLaPortewillprovideforreasonable accommodationsforpersonsattendingpublicmeetings.Tobetterserveattendees,requestsshouldbe received24hourspriortothemeetings.PleasecontactPatriceFogarty,CitySecretary,at2814705019. CERTIFICATION IcertifythatacopyoftheThursday,November5,2015agendaofitemstobeconsideredbytheZoning BoardofAdjustmentwaspostedontheCityHallbulletinboardonthe___dayof________________, 2015. Title: CityofLaPorte604W.FairmontParkwayPhone:(281)4715020 PlanningandDevelopmentLaPorte,TX775716215Fax:(281)4705005 Zoning Board of Adjustment Minutes of October 14, 2015 Board Members Present: Charles Schoppe, Chester Pool, T.J. Walker, Nettie Warren (Alt 1), and Doug Martin (Alt 2) Board Members Absent: Rod Rothermel City Staff Present: City Planner Eric Ensey, Assistant City Attorney Clark Askins, and Office Coordinator Peggy Lee 1.Call to Order. Vice-Chairman Charles Schoppe called the meeting to order at 6:02 p.m. 2.Roll call of members. Board Members Charles Schoppe, Chester Pool, T.J. Walker, Nettie Warren (Alt 1), and Doug Martin (Alt 2) were present for roll call. 3.Consider approval of meeting minutes: February 26, 2015 and May 28, 2015. Motion by T.J. Walker to approve the meeting minutes of February 26, 2015, and May 28, 2015. Second by Chester Pool. Motion carried. Ayes: Schoppe, Pool, Walker, Warren (Alt 1), and Martin (Alt 2) Nays: None 4. A public hearing will be held to consider Variance Request 15-93000010, a request by Christopher Thebeau for the property located at 1703 Roscoe to allow foundation repair to an existing carriage house that encroaches 12.7’ into the front setback contrary to the provisions of Section 106-333 of the city’s Code of Ordinances which requires a minimum 25 foot front setback. Vice-Chairman Schoppe opened the public hearing at 6:04 p.m. a.Staff Presentation City Planner Eric Ensey presented staff’s report on a variance request by Christopher Thebeau to allow foundation repair to a carriage house that encroaches 12.7 into the front setback at 1703 Roscoe Street. Mr. Ensey confirmed that all requirements for public hearing notification had been met. 21 notices of the public hearing were mailed to property owners located within 200’ of the subject site. The City received six responses, all in favor of the request. Zoning Board of Adjustment Minutes of October 14, 2015 Page 2 of 5 b.Applicant Presentation Vice-Chairman Schoppe swore in the applicant, Christopher Thebeau. Mr. Thebeau intends to restore the carriage house in a manner that retains its historical character. The variance is necessary in order to reconstruct the new foundation in the same location. c.Public Comments There were no public comments. d.Question and Answer There were no questions. Motion by Doug Martin to approve Variance Request #15-93000010, allowing foundation repair to a carriage house that encroaches 12.7’ into the front setback at 1703 Roscoe. Second by Nettie Warren. Motion carried. Ayes: Schoppe, Pool, Walker, Warren (Alt 1), and Martin (Alt 2) Nays: None Assistant City Attorney Clark Askins read from Section 106-196 of the Code of Ordinances: Appeals from the Board of Adjustment. 5. A public hearing will be held to consider Variance Request #15-93000009, a request by the City th of La Porte’s Parks and Recreation Department for the property located at 402 N. 5Street (Martin Luther King, Jr. Park) to allow construction of a 4’ high ornamental iron fence along the north property line within the front yard contrary to the provisions of Section 106-522, of the city’s Code of Ordinances which prohibits fencing in the front yard. Vice-Chairman Schoppe opened the public hearing at 6:11 p.m. a.Staff Presentation City Planner Eric Ensey presented staff’s report on a variance request by the City’s Parks and Recreation Department to allow construction of a 4’ high ornamental fence along the north property line within the front yard at 402 N. 5 th Street known as Martin Luther King, Jr. Park. The fence will serve as a barrier between the adjacent property owner and the park. Mr. Ensey confirmed that all requirements for public hearing notification had been met. Notices of public hearing were mailed to 34 property owners located within 200’ of the subject site. The City received one written response from the public in favor of the variance. b.Applicant Presentation Zoning Board of Adjustment Minutes of October 14, 2015 Page 3 of 5 Vice-Chairman Schoppe swore in Rosalyn Epting, Director of Parks and Recreation for the City of La Porte. Ms. Epting explained the City has been working with the adjacent property owner to address their concern about park patrons not knowing where the public property ends and the private property begins. The fence is intended to alleviate this problem. c.Public Comments th Vice-Chairman Schoppe swore in Ms. Garcia, who resides at 414 N. 5, adjacent to the park. Ms. Garcia favors the variance because the fence will help to keep people that use the park out of her yard. d.Question and Answer There were no questions. Motion by Nettie Warren (Alt 1) to approve Variance Request #15-93000009, allowing construction of a 4’high ornamental iron fence along the north property line within the front yard at 402 N. 5 th Street. Second by Doug Martin (Alt 2). Motion carried. Ayes: Schoppe, Pool, Walker, Warren (Alt 1), and Martin (Alt 2) Nays: None Assistant City Attorney Clark Askins read from Section 106-196 of the Code of Ordinances: Appeals from the Board of Adjustment. 6. A public hearing will be held to consider Variance Request 15-93000011, a request by Mark Follis for the property located at 116 S. Broadway to allow construction of a residential/commercial building on a lot zoned Main Street (MS) District that is setback 0’ from the front property line and 0’ from the side (north) property line contrary to the provisions of Section 106-443 of the city’s Code of Ordinances which requires a front setback equal to the average of all structures on the block and a 5’ side setback; and a detached garage that is 3’ from the rear property line and 0’ from the north (side) property line contrary to the provisions of Section 106-741 which requires a 20’ rear setback and a 5’ side setback. Vice-Chairman Schoppe opened the public hearing at 6:20 p.m. a.Staff Presentation City Planner Eric Ensey presented staff’s report on a variance request by Mark Follis to allow construction of a residential/commercial building setback 0’ from the front and north side property lines and a detached garage that is 3’ from the rear property line and 0’ from the north side property line at 116 S. Broadway. If approved, the zero lot line Main Street development pattern, historical in nature, would continue along S. Broadway for this property, which is in the Main Street District. Zoning Board of Adjustment Minutes of October 14, 2015 Page 4 of 5 Mr. Ensey confirmed that all requirements for public hearing notification had been met. Notices of the public hearing were mailed to 14 property owners located within 200’ of the subject site. The City received one written response in favor of the variance. b.Applicant Presentation Vice-Chairman Schoppe swore in Mark Follis, 111 N. Broadway. Mr. Follis discussed his future development plans in the area. The first structure, for which this variance is requested, will be a single storybuilding. Mr. Follis and Mr. Ensey responded to a question about how the required front setback is calculated. c.Public Comments There were no public comments. d.Question and Answer There were no questions. Motion by Doug Martin to approve Variance Request 15-93000011 allowing construction of a residential/commercial building that is setback 0’ from the front and north side property lines and a detached garage that is 3’ from the rear property line and 0’ from the north side property line at 116 S. Broadway. Second by Chester Pool. Motion carried. Ayes: Schoppe, Pool, Walker, Warren (Alt 1), and Martin (Alt 2) Nays: None Assistant City Attorney Clark Askins read from Section 106-196 of the Code of Ordinances: Appeals from the Board of Adjustment. 7. Administrative Reports City Planner Eric Ensey introduced the recently hired Planning Technician, Ryan Cramer. Mr. Cramer will be assisting the Planning and Development Department under the supervision of Mr. Ensey. Mr. Ensey spoke about a problem the city has been experiencing with untimely mail delivery by the postal service. A majority of Board/Commission members have been getting their packets delivered just before the meeting or in some cases, after the meeting has already been held. Staff will no longer mail agenda packets. The information will be sent out via email and will also be accessible on the city’s website. Additionally, hard copies will be available for all members at the meeting and may also be picked up prior to the meeting at the City Hall Information Desk. When a meeting is scheduled, Board Members will receive a copy of the public hearing notice by email. Zoning Board of Adjustment Minutes of October 14, 2015 Page 5 of 5 8. 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. 9. Adjourn Motion by Charles Schoppe to adjourn. Second by Chester Pool. Motion carried. Ayes: Schoppe, Pool, Walker, Warren (Alt 1), and Martin (Alt 2) Nays: None Vice-Chairman Schoppe adjourned the meeting at 6:38 p.m. Respectfully submitted, Peggy Lee Secretary, Zoning Board of Adjustment Passed and Approved on , 2015. Rod Rothermel Chairman, Zoning Board of Adjustment CityofLaPorte,Texas ZoningBoardofAdjustment November5,2015 AGENDAITEM4 Considerapprovalofa (Applicant:LaPorteLodgingHospitalityLLC). 9ƩźĭW͵9ƓƭĻǤͲ/źƷǤtƌğƓƓĻƩ tƌğƓƓźƓŭğƓķ5ĻǝĻƌƚƦƒĻƓƷ5ĻƦğƩƷƒĻƓƷ /źƷǤƚŅ\[ğtƚƩƷĻͲĻǣğƭ BoardofAdjustmentSpecialCalledMeeting November5,2015 FairfieldInn&SuitesDrivewayVariance PlanningandDevelopmentDepartment StaffReport ISSUE ShouldtheBoardofAdjustmentapprovetherequestedvariancebyLaPorteLodgingHospitality LLCtoallowconstructionofadrivewayforanewFairfieldInn&Suiteshotelat711Highway146 Souththatis26.5feetfromtheintersectionwhenSection106835,Figure103oftheCodeof Ordinancesrequiresaminimumdistanceof40feetfromtheintersection(case#1593000003)? DISCUSSION Applicant: LaPorteLodgingHospitalityLLC. !ƦƦƌźĭğƓƷ͸ƭRequest: Theapplicantisseekingapprovalofvariancerequest#1593000003,toallowconstructionofa newhotelbrandedasaFairfieldInn&Suites.Theproposedhotelis55,140squarefeetoffloor areawithatotalof68guestrooms.Thebuildingwillbefourstoriesinheight. TheapplicantisseekingapprovalofvariancetoallowforconstructionofadrivewayonW.G Streetthatis26.5feetfromtheintersectionoftheHighway146andW.GStreetrightsofway. TheattachedExhibitAisacopyoftheapplicationandsiteplanshowingthelocationofthe proposedhotelbuildingaswellasspecificsonthedistanceofthedriveway. SubjectSite: Thesubjectsiteisa1.266acrevacanttractoflandlocatedatthenortheastcornerHighway146 andW.GStreet.Thepropertyhasbeenaddressedas711Highway146Southandisfurther describedasLot1,BlockA,FairfieldAddition.TheattachedExhibitBisanareamapthatshows theexistingconditionsofthesiteaswellasthesurroundingarea. NoticeofPublicHearing: Section106194oftheZoningOrdinancestipulatesthevariousrequirementsforpublicnoticeof thepublichearing.Thisvarianceincludedallofthenecessarycoderequirementsforapublic hearingincludingthefollowing: Noticeofpublichearingwaspostedinthenewspaperofgeneralcirculationtendays priortothedateofthehearing. Mailednoticesweresenttoallownersofpropertylyingwithin200feetofthesiteten dayspriortothedateofthehearing. Asignwaspostedonthesitetendayspriortothehearingdate. Additionally,incompliancewithstatelaw,noticeofthepublichearingwaspostedatCityHall andonthe/źƷǤ͸ƭwebsiteatleasttendayspriortothedateofthepublichearing. 1 BoardofAdjustmentSpecialCalledMeeting November5,2015 FairfieldInn&SuitesDrivewayVariance BackgroundInformation: ThesiteiscurrentlyzonedGC,GeneralCommercial,Districtandisavacantandundeveloped parcel.Thefollowingtablesummarizesthesurroundingzoningandlanduses: ZoningLandUse bƚƩƷŷ GC,GeneralCommercialDaysInn(705Highway146South) {ƚǒƷŷ GC,GeneralCommercialBankofAmericabranchbank(715Highway146South) ĻƭƷ GC,GeneralCommercialStateHighway146rightofway 9ğƭƷ GC,GeneralCommercialHolidayInnExpress&Suites(908W.GStreet) : ApplicableCodeProvisions Section106835,stipulatesthecurbanddrivewaycriteriaforcommercialuses.Thefollowingis anexcerptfromthatsectionasapplicabletothisvariancerequest(seehighlighted): 2 BoardofAdjustmentSpecialCalledMeeting November5,2015 FairfieldInn&SuitesDrivewayVariance * The distance shall be measured from the intersection of property lines common with the street right-of-way lines. Analysis: Therequestistoallowforadrivewaythatislocated26.5feetfromtheintersectionofthe Highway146andW.GStreetrightofway.Section106835requiresaminimum40foot distancefromtheintersectionofpropertylinescommonwiththestreetrightofwaylines.In thiscasethereisadditionalrightofwayalongHighway146asaresultoftheoriginalTownofLa th PorteplatwheretheS.9Streetrightofwaywouldhavebeenoriginallyplatted.Itwas incorporatedintotheHighway146rightofwaywhenitwasacquiredforthehighway.The applicantassertsthattheactualdistancefromthedrivewaytothecurboftheintersectionis71 feet.StaffisunawareofanyplansbyTXDOTtowidentheHighway146feederroadinthis location.Aspartofthereviewofthedevelopmentofthissite,theFireMarshalisrequiringtwo pointsofaccesstothissiteforfire/lifesafetypurposes.TheapplicanthasapproachedTXDOT forpermissiontoaccesstheHighway146feederroad,howeverTXDOThasdeniedtheapplicant theabilitytohaveacurbcutaccesstothefeederroad.So,inordertocomplywiththe requirementsoftheFireMarshal,twoingress/egresspointsarerequiredonW.GStreet. Section106192oftheZoningOrdinancestatesthatthetermͻǝğƩźğƓĭĻͼrepresentsadeviation fromtheliteralinterpretationofthecodeapprovedbytheBoardsubjecttothefactthat enforcementoftheprovisionsofthecodewouldcauseanunnecessaryhardshipbecauseof circumstancesuniquetothesubjectproperty.TheBoardisauthorizedtograntavariancewhen theBoardfindsthatanumberofcriteriaaremet.Thefollowingtableoutlinesthosecriteriaand ƭƷğŅŅ͸ƭanalysisofthosecriteria. Criterion:StaffFinding: a.Thatthegrantingofthevariancewillnotbe Theproposedvariancewouldallowforadriveway contrarytothepublicinterest.withintheminimumЍЉ͸distancefromtherightof wayintersectionofpropertylines.Thedistance fromthepavedroadwaywillbeАЊ͸͵Staffdoesnot knowofanyTXDOTplanstowidenHighway146at thistime.Additionally,theFireMarshalisrequiring twopointsofaccesstothissiteforfire/lifesafety purposesandaccesstoGStreetistheonlyoption sinceTXDOTwillnotauthorizeaccesstothe Highway146feederroad. senttoallpropertyownerswithina Noticewas 200footradiusfromthesubjectsiteinaccordance withcoderequirements.Atthetimethisstaff reportwasdrafted,noresponsesfororagainstthe variancewerereceivedbystaff. 3 BoardofAdjustmentSpecialCalledMeeting November5,2015 FairfieldInn&SuitesDrivewayVariance b.Thatliteralenforcementofthischapterwill TheFireağƩƭŷğƌ͸ƭrequirementfor2pointsof resultinunnecessaryhardshipbecauseof accesstothissitecoupledwith5h͸ƭrefusalto exceptionalnarrowness,shallowness,shape,authorizeanyaccesstotheHighway146feeder topographyorotherextraordinaryorexceptional roadrepresentsahardshipassociatedwiththe physicalsituationuniquetothespecificpieceof developmentofthissite. propertyinquestion."Unnecessaryhardship"shall meanphysicalhardshiprelatingtotheproperty itselfasdistinguishedfromahardshiprelatingto convenience,financialconsiderationsorcaprice, andthehardshipmustnotresultfromthe applicantorpropertyowner'sownactions. c.Thatbygrantingthevariance,thespiritofthis Theauthorizationofthevariancecouldbe chapterwillbeobserved.consideredinthespiritofthechapterasthecityis unawareofanyTXDOTplanstowidentheHighway 146feederroad.Ifthereisnowideningofthe highway,thenthelocationofthedrivewaywould notprovideasafetyconcernasthedrivewaywould beАЊ͸fromthepavedintersectionofHighway146 andW.GStreet. AppealProcedure: Sec.106196.Appealsfromtheboardofadjustment. Anypersonorpersons,jointlyorseverally,aggrievedbyanydecisionoftheboardof adjustment,oranytaxpayer,oranyofficer,department,board,orbureauofthecitymay presenttoacourtofrecordapetitionforawritofcertiorari,asprovidedbyV.T.C.A.,Local GovernmentCode§211.011,dulyverified,settingforththatsuchdecisionisillegal,inwholeor inpart,specifyingthegroundsoftheillegality.Suchpetitionshallbepresentedtothecourt withintendaysafterthefilingofthedecisionintheofficeoftheboardofadjustment. ATTACHMENTS ExhibitA:Applicationandsiteplanfortheproposedimprovements ExhibitB:Areamap 4 EXHIBIT A EXHIBIT A EXHIBIT A AREA MAP EXHIBIT B µ W F ST LOCATION OF PROPERTY W G ST W H ST 1 inch = 200 feet