HomeMy WebLinkAbout03-03-16 Special Called Zoning Board of Adjustment Meeting
City of La Porte Planning and Development Department
Established 1892 Tim Tietjens, Director
City of La Porte
Zoning Board of Adjustment Agenda
Notice is hereby given of a Special Called Meeting of the La Porte Zoning Board of Adjustment to be held on
Thursday, March 3, 2016, 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.Roll call of members.
3.Consider approval of meeting minutes: December 10, 2015.
4.A public hearing will be held to consider Variance Request 16-93000001, a request by Kathleen
Lemon for the property located at 401 and 403 Bayshore Drive for the following variances: 1) A
-333 that requires a 50 foot
frontage; 2) the northern lot will total 4,700 square feet in area contrary to the provisions of Section
106-333 that requires a minimum 6,000 square foot lot for single family development; 3) a front
setback of 15 feet from the front property line contrary to Section 106-333 that requires a minimum
ont property line; 4) a lot coverage of 44.2% for the proposed new house
on the northern lot contrary to the provisions of Section 106-333 that allows a maximum lot
coverage of 40%.
a.Staff Presentation
b.Applicant Presentation
c.Public Comments
d.Question and Answer
5.Administrative reports.
6.Board comments on matter appearing on the 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 the 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 Thursday, March 3, 2016, agenda of items to be considered by the Zoning Board of
Adjustment was posted on the City Hall bulletin board on the ___ day of ________________, 2016.
Title:
City of La Porte 604 W. Fairmont Parkway Phone: (281) 471-5020
Planning and Development La Porte, TX 77571-6215 Fax: (281) 470-5005
www.laportetx.gov
ZoningBoardofAdjustment
MinutesofDecember10,2015
BoardMembersPresent:RodRothermel,T.J.Walker,NettieWarren,ChesterPool,DougMartin
(Alt1),andDennisOian(Alt2)
BoardMembersAbsent:CharlesSchoppe
CityStaffPresent:PlanningandDevelopmentDirectorTimTietjens,CityPlannerEric
Ensey,PlanningTechnicianRyanCramer,andAssistantCityAttorney
ClarkAskins
1.CalltoOrder.
ChairmanRodRothermelcalledthemeetingtoorderat6:00p.m.
2.Rollcallofmembers.
BoardMemberCharlesSchoppewasnotpresent.
3.Considerapprovalofmeetingminutes:November5,2015.
WithnoobjectionfromtheBoard,ChairmanRothermeldeclaredtheminutesofNovember5,
2015,approvedaspresented.
4.ApublichearingwillbeheldtoconsiderVarianceRequest1593000012,arequestbyIsabel
Francisforthepropertylocatedat10323N.HStreettoallowtheapplicanttosubdividethe
tractoflandandprovidefor25feetoffrontagealongS.HStreetcontrarytotheprovisionsof
Section106333ofthe/źƷǤƭCodeofOrdinances,whichrequiresaminimumlotwidthof90
feetforͻƭźƓŭƌĻfamilylargeƌƚƷƭ͵ͼ
ChairmanRothermelopenedthepublichearingat6:01p.m.
a.StaffPresentation
CityPlannerEricEnseypresentedƭƷğŅŅƭreportonavariancerequestbyIsabelFrancis
requestingapprovaltosubdividethepropertyandprovidefor25feetoffrontagealongS.H
Streetat10323N.HStreet.IntheLargeLotDistrict,90feetofminimumlotwidthis
required.
Mr.Enseyconfirmedthatallrequirementsforpublichearingnotificationhadbeenmet.
NoticesofthepublichearingweremailedtoallpropertyownerslocatedwithinЋЉЉofthe
subjectsite.TheCityreceivedfourresponsesinoppositiontothevarianceandoneinfavor.
b.ApplicantPresentation
Theapplicant,IsabelFrancis,10919PecanDrive,wassworninbyChairmanRothermel.Ms.
Francisandherhusbandhaveplanstobuildahomeontherearportionoftheproperty
ZoningBoardofAdjustment
MinutesofDecember10,2015
Page2of6
whileherdaughterandherhusbandwouldresideintheexistinghomeatthefrontofthe
property.Mr.Francishasdebilitatinghealthproblemsandhavingfamilynearbyis
important.
c.PublicComments
MandiWilliams,11207N.H,wassworninbyChairmanRothermel.Ms.Williamsspokein
oppositionbecauseshebelievesitwouldsetaprecedent,detractingfromthelargelotarea.
LynetteGardner,10283N.H,wassworninbyChairmanRothermel.Ms.Gardnerexpressed
concernwithadditionalflooding/drainageproblemsforneighboringpropertiesifthe
varianceisapprovedandtheapplicantisallowedtobuildanotherhomeontheproperty.
d.QuestionandAnswer
StaffrespondedtoquestionsfromtheBoard.
Motion byT.J.WalkertodenyVarianceRequest#1593000012,requestedtoallowthe
subdivisionoflandandprovide25feetoffrontagealongHSt.at10323N.HStreet,contraryto
therequired90footminimumlotwidth.
Second byChesterPool.Motioncarried.
Ayes:Walker,Pool,Warren,Rothermel,andMartin(Alt1)
Nays:None
AssistantCityAttorneyClarkAskinsreadfromSection106196oftheCodeofOrdinances:Appeals
fromtheBoardofAdjustment.
5.ApublichearingwillbeheldtoconsiderVarianceRequest1593000013,arequestby
CedarwoodDevelopmenttoallowforadrivewayaccesspointthatis40feetinwidthand
anotherthatis45feetinwidthalongBayAreaBoulevardassociatedwiththeconstructionof
aStripesConvenienceStoreandGasStationonthepropertylocatedatthesoutheastcorner
ofSpencerHighwayandBayAreaBoulevardcontrarytotheprovisionsofSection106835of
theĭźƷǤƭCodeofOrdinanceswhichallowsamaximumdrivewaywidthof35feetfor
commercialdevelopment.
ChairmanRothermelopenedthepublichearingat6:28p.m.
a.StaffPresentation
CityPlannerEricEnseypresentedƭƷğŅŅƭreportonavariancerequestbyCedarwood
DevelopmentforStripesconveniencestoreandgasstation,toallowforadrivewayaccess
pointthatis40feetinwidthandanotherthatis45feetinwidthalongBayAreaatthe
southeastcornerofBayAreaBoulevardandSpencerHighway.Themaximumallowable
drivewaywidthforacommercialdevelopmentis35feet.
ZoningBoardofAdjustment
MinutesofDecember10,2015
Page3of6
Mr.Enseyconfirmedthatallrequirementsforpublichearingnotificationhadbeenmet.
NoticesofthepublichearingweremailedtoallpropertyownerslocatedwithinЋЉЉofthe
subjectsite.Noresponseswerereceivedfromthemailout.
b.ApplicantPresentation
Theapplicant,BrucePooley,onbehalfofCedarwoodDevelopment,222Pennbright,
Houston,TXwassworninbyChairmanRothermel.
JamesBoutchyard,4525AirSt.,CorpusChristi,TX,representingStripes,wassworninby
ChairmanRothermel.Mr.PooleyandMr.Boutchyardjointlyexplainedthata35foot
commercialdrivewouldbetoonarrowforthedevelopmentastheyhavesafetyconcerns
withfueltruckstryingtoenterthefacilityandhavingadequateturningradiusfromBayArea
Boulevard.
c.PublicComments
Therewerenocommentsfromthepublic.
d.QuestionandAnswer
StaffandtheapplicantrespondedtoquestionsfromtheBoard.
Motion byDougMartintoapproveVarianceRequest#1593000013,toallowforadriveway
accesspointthatis40feetinwidthandanotherthatis45feetinwidthalongBayArea
BoulevardforaStripesConvenienceStoreandGasStationonthepropertylocatedatthe
southeastcornerofSpencerHighwayandBayAreaBoulevard.
Second byNettieWarren.Motioncarried.
Ayes:Walker,Warren,Rothermel,andMartin(Alt1)
Nays:Pool
AssistantCityAttorneyClarkAskinsreadfromSection106196oftheCodeofOrdinances:Appeals
fromtheBoardofAdjustment.
6.ApublichearingwillbeheldtoconsiderVarianceRequest1593000014,arequestbyLiberty
th
PropertyLimitedPartnershiptoallowconstructionofthreedrivewayaccesspointsonS.16
StreetandthreedrivewayaccesspointsonExportDriveassociatedwithanewindustrial
th
warehouse/distributionfacilityonthepropertylocatedatthesoutheastcornerofS.16
StreetandExportDrivecontrarytotheprovisionsofSection106835ofthe/źƷǤƭCodeof
Ordinancesthatallowsonlytwoaccesspointstoapublicrightofway.
ChairmanRothermelopenedthepublichearingat6:36p.m.
ZoningBoardofAdjustment
MinutesofDecember10,2015
Page4of6
a.StaffPresentation
CityPlannerEricEnseypresentedƭƷğŅŅƭreportonavariancerequestbyLibertyProperty
LimitedPartnershiptoallowconstructionofthreedrivewayaccesspointsonExportDrive
th
andthreedrivewayaccesspointsonS.16Streetforanewwarehouse/distributionfacility
inthePortCrossingBusinessPark.
Mr.Enseyconfirmedthatallrequirementsforpublichearingnotificationhadbeenmet.
NoticesofthepublichearingweremailedtoallpropertyownerslocatedwithinЋЉЉofthe
subjectsite.Noresponseswerereceivedfromthemailout.
b.ApplicantPresentation
ChairmanRothermelsworeintheapplicant,KenChang,8827N.SamHoustonParkway,W.,
withLibertyPropertyPartnership,andKevinPolasek,TerraAssociates(Engineers).Mr.
Changstatedtheadditionaldrivewaysareneededinordertokeeptrucktrafficand
passengervehiclesseparatedasmuchaspossibletoprovideforbetterandsafertrafficflow
throughthesite.
c.PublicComments
Therewerenocommentsfromthepublic.
d.QuestionandAnswer
StaffandtheapplicantrespondedtoquestionsfromtheBoard.
Motion byChesterPooltoapproveVarianceRequest#1593000014,toallowconstructionof
th
threedrivewayaccesspointsonS.16StreetandthreedrivewayaccesspointsonExportDrive
associatedwithanewindustrialwarehouse/distributionfacilityonthepropertylocatedatthe
th
southeastcornerofS.16StreetandExportDrive.
Second byDougMartin.Motioncarried.
Ayes:Pool,Walker,Warren,Rothermel,andMartin(Alt1)
Nays:None
AssistantCityAttorneyClarkAskinsreadfromSection106196oftheCodeofOrdinances:Appeals
fromtheBoardofAdjustment.
7.ApublichearingwillbeheldtoconsiderSpecialExceptionRequest1594000001,arequestby
RolfRealtorsonbehalfofthepropertyownerRafaelAlcalatowaiveorreducetheoffstreet
parkingrequirementsforthepropertylocatedat422S.Broadway.
ChairmanRothermelopenedthepublichearingat6:48p.m.
ZoningBoardofAdjustment
MinutesofDecember10,2015
Page5of6
a.StaffPresentation
CityPlannerEricEnseypresentedƭƷğŅŅƭreportonaspecialexceptionrequestbyRolf
Realtorstowaiveorreducetheoffstreetparkingrequirementsforthepropertylocatedat
422S.Broadway,avacantnonconformingcommercialbuilding.
Mr.Enseyconfirmedthatallrequirementsforpublichearingnotificationhadbeenmet.
NoticesofthepublichearingweremailedtoallpropertyownerslocatedwithinЋЉЉofthe
subjectsite.Noresponseswerereceivedfromthemailout.
b.ApplicantPresentation
ChairmanRothermelsworeinAndyRolf,120S.Broadway,onbehalfoftheowner,Rafael
Alcala.Abeautysalonhadoperatedoutofthesubjectbuildingfor30years.Vehicles
associatedwiththatbusinessparkedonthestreet.Theownerisfinanciallyunableto
provideaparkinglotfortheproposedbusiness,whichwillbeasmallinsuranceoffice.
JudithManuel,10258OldOrchard,wassworninbyChairmanRothermel.Ms.Manuelhas
beenintheinsurancebusinessfor40yearsandhasplanstooperateherbusinesswithone
parttimeassistant.
c.PublicComments
Therewerenocommentsfromthepublic.
d.QuestionandAnswer
StaffrespondedtoquestionsfromtheBoard.
Motion byNettieWarrentoapproveSpecialException1594000001,towaivetheoffstreet
parkingrequirementsfortheproposedbusinessat422.S.Broadway.
Second byT.J.Walker.Motioncarried.
Ayes:Pool,Walker,Warren,Rothermel,andMartin(Alt1)
Nays:None
AssistantCityAttorneyClarkAskinsreadfromSection106196oftheCodeofOrdinances:Appeals
fromtheBoardofAdjustment.
8.Administrativereports
ChairmanRothermelinquiredaboutthestatusoftheTownCenterdevelopment.Mr.Ensey
reportedthatactionontheprojectwastabledatthePlanningandZoning/ƚƒƒźƭƭźƚƓƭ
Novembermeetingandwillbebroughtbackforconsiderationatthe/ƚƒƒźƭƭźƚƓƭDecember
meeting.
ZoningBoardofAdjustment
MinutesofDecember10,2015
Page6of6
9.Boardcommentsonmattersappearingonagendaorinquiryofstaffregardingspecificfactual
informationorexistingpolicy.
ChairmanRothermelencouragedBoardmemberstostateareasonfortheirvoteifdifferent
fromthemajority.
10.Adjourn
Motion byDougMartintoadjourn.Second byT.J.Walker.
ChairmanRothermeladjournedthemeetingat6:59p.m.
Respectfullysubmitted,
PeggyLee
Secretary,ZoningBoardofAdjustment
PassedandApprovedon,2016.
RodRothermel
Chairman,ZoningBoardofAdjustment
City of La Porte, Texas
Zoning Board of Adjustment
March 3, 2016
AGENDA ITEM 4
Consider approval of
Variances
to lot width and lot area
for the subdivision of a piece of property;
and approval of Variances
to the front setback and lot coverage
for construction of a new single family house
for the property located at 401 and 403 Bayshore Drive
(Applicant: Kathleen Lemon)
9Ʃźĭ W͵ 9ƓƭĻǤͲ /źƷǤ tƌğƓƓĻƩ
tƌğƓƓźƓŭ ğƓķ 5ĻǝĻƌƚƦƒĻƓƷ 5ĻƦğƩƷƒĻƓƷ
/źƷǤ ƚŅ \[ğ tƚƩƷĻͲ Ļǣğƭ
Board of Adjustment Special Called Meeting
March 3, 2016
Lemon House Variance
Planning and Development Department
Staff Report
ISSUE
Should the Board of Adjustment approve the variances requested by Kathleen Lemon for the property
located at 401 and 403 Bayshore Drive, legally described as Lots 19 and 20, Block 49, Sylvan Beach
Subdivision (case #16-93000001):
1.A proposed lot frontage of -
single family detached residential;
2.One proposed lot will total 4,700 square feet in area, when Section 106-333 requires a minimum
6,000 square foot lot for single family detached residential;
3. and an
additional 10-foot encroachment for the stairway to the house, when Section 106-333 requires
4.Lot covereage of 44.2% of the lot for the proposed new house, when Section 106-333 requires a
maximum lot coverage of 40% for single family detached residential.
DISCUSSION
Applicant:
Kathleen Lemon
:
The applicant is seeking approval of variance request #16-93000001. The variances requested with this
request will allow the applicant to replat and subdivide her property and construct a new single family
residential house on the newly created lot. The attached Exhibit A is a copy of the application and plan
showing how the applicant intends to configure the lot and the improvements thereon.
Based on the information provided by the applicant, Ms. Lemon currently owns both Lots 19 and 20,
which contain two existing houses and two accessory buildings. Her plan is to demolish the house and
the smaller accessory building on the northern portion of the property and replat the property in a
manner to allow for the construction of a new house on the northern portion of the property. The
proposal would retain the existing house and detached garage on the southern portion of the property.
Subject Site:
The subject sites make up a .29 acre tract of land addressed 401 and 403 Bayshore Drive and is legally
described as Lots 19 & 20, Block 49, Sylvan Beach Subdivision. The property is located at the northwest
corner of Bayshore Drive and Grove Avenue. The attached Exhibit B is an area map that shows the
location of the property in question.
Board of Adjustment Special Called Meeting
March 3, 2016
Lemon House Variance
Notice of Public Hearing:
Section 194 of the Zoning Ordinance stipulates the various requirements for public notice of the
public hearing. This variance included all of the necessary code requirements for a public hearing
including the following:
Notice of public hearing was posted in the newspaper of general circulation ten days prior
to the date of the hearing.
Mailed notices were sent to all owners of property lying within 200 feet of the site ten days
prior to the date of the hearing.
A sign was posted on the site ten days prior to the hearing date.
Additionally, in compliance with state law, notice of the public hearing was posted at City Hall and on the
website at least ten days prior to the date of the public hearing.
Background Information:
The site is currently zoned R-1, Low Density Residential. The subject site contains two houses and two
accessory buildings being used as garages. The following table summarizes the surrounding zoning and
land uses:
Zoning Land Use
North R-1, Low-density Residential Residential (405 Bayshore)
South R-1, Low-density Residential Residential (100 Grove)
West R-1, Low-density Residential Undeveloped Lot
East R-1, Low-density Residential Sylvan Beach Boat Launch and
Parking
Applicable Code Provisions:
Section 106-333, stipulates the residential area requirements. The following is an excerpt from that
section as applicable to this variance request (see highlighted):
Uses Min. Min. Min. Yard Max. Min. Max. Lot
Lot Lot Setbacks Height Site Coverage/Min.
Area Width Area Landscaping
Single-6000 -- 9100 40%/N/A
Family
Detached
Analysis:
The applicant is requesting a number of variances that would allow for the replatting of the existing lots
that she owns in order to construct a new single family residence. The lots owned by the applicant are
Lots 19 and 20, Block 49 of the Sylvan Beach Addition Subdivision Plat. As currently configured, both lots
front Grove Avenue. The site currently has two houses and two accessory buildings that front Bayshore
Drive. The applicant is proposing to retain the existing house and accessory building located in the
southern-most portion of the property and demolish the existing house and small accessory building on
the northern-most portion of the property. Because of the location of the southern-most house and
accessory building on the lot, the applicant is limited to where they can locate the new lot line because
it has to be in a location that does not render an existing building nonconforming. As a result, the
proposed northern lot would total 4,700 square feet in area and have only 47 feet of lot frontage.
Board of Adjustment Special Called Meeting
March 3, 2016
Lemon House Variance
Because this northern lot is less than the code requires for both lot area and width, the applicant is
required to request a variance to both of those standards. Additionally, the applicant is requesting a
variance to the front setback that would allow for a 10-foot encroachment into the front setback for the
house and an additional 10-foot encroachment for the staircase only. With regard to the setback
variance request, the rear setback required for single family detached residential is 15 feet. The
applicant could move the proposed building back 10 feet and the structure would comply with both the
front and the rear setbacks for the primary structure. This would leave only a 10-foot encroachment for
the staircase only. It is important to note that there are other houses in the vicinity that encroach into
the required front setback.
Additionally, the applicant is requesting a variance to the lot coverage requirement. The footprint of the
approximately 2,215 square feet in area). The proposed size of the
structure is reasonable and consistent with other single family detached residential houses throughout
the community. However, because the total lot size is 4,700 square feet in area, which is less than the
code requirement, the coverage proposed with this house is higher than other properties throughout
the community where the lot size is in compliance with the minimum code requirements.
the literal interpretation of the code approved by the Board subject to the fact that enforcement of the
provisions of the code would cause an unnecessary hardship because of circumstances unique to the
subject property. The Board is authorized to grant a variance when the Board finds that a number of
criteria are met. The f
Criterion: Staff Finding:
a. That the granting of the variance will not be The granting of the variances being requested
contrary to the public interest would allow the applicant the ability to replat
Lots 19 and 20 and construct a new house on the
northern lot. Because of the location of the
existing structures on the lots as well as the
replatting and placement of the new lot line, the
northern lot cannot comply with the minimum
requirements for lot size and lot width.
Additionally, the proposed house does not
comply with the proposed front setback or lot
coverage. The size of the house proposed is
reasonable and consistent with other structures
in the community. It can be argued that the front
setback would be consistent with other houses in
the surrounding area. However, the applicant
could move the proposed structure back 10 feet
to comply with the front setback while still
complying with the rear setback.
Board of Adjustment Special Called Meeting
March 3, 2016
Lemon House Variance
b. That literal enforcement of this chapter will These lots have been platted in their current state
result in unnecessary hardship because of since 1911 as part of the Sylvan Beach First
exceptional narrowness, shallowness, shape, Subdivision Final Plat. Lots 19 and 20 were
topography or other extraordinary or platted and comply with the minimum
exceptional physical situation unique to the requirements in terms of lot width and area.
specific piece of property in question. However both lots are platted to front Grove. The
"Unnecessary hardship" shall mean physical exceptional hardship that could be argued is the
hardship relating to the property itself as location of the house and accessory building on
distinguished from a hardship relating to the southern portion of the lot. The location of
convenience, financial considerations or these structures dictate the placement of the
caprice, and the hardship must not result from property line, which does not allow for the
the applicant or property owner's own actions. applicant to comply with the minimum lot size
and area for the northern lot.
Additionally, as it currently exists, there are two
primary structure on the lots that both front
Bayshore. The proposed variance package would
allow the applicant to demolish one of the
structures (and its accessory building) and
construct a new house in its place.
c. That by granting the variance, the spirit of this nonconforming provisions
chapter will be observed. are to bring structures into compliance over time,
but due to the depth of these lots they will never
be compliant without the purchase of extra
property or rearranging the current configuration
of existing primary and accessory buildings.
Appeal Procedure:
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 § 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.
ATTACHMENTS
Exhibit A: Application and site plan for the proposed improvements
Exhibit B: Area map
EXHIBIT A
EXHIBIT A
EXHIBIT A
EXHIBIT A
EXHIBIT A
EXHIBIT A
EXHIBIT A
EXHIBIT B
AREA MAP
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PROPERTY
LOCATION
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1 inch = 100 feet