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HomeMy WebLinkAbout08-25-16 05 Regular 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 Regular Meeting of the La Porte Zoning Board of Adjustment to be held on Thursday, August 25, 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: May 26, 2016. 4. A public hearing to consider Variance Request 16-93000006, a request by Pastor Shane Klinkerman on behalf of the First Assembly of God Church for a tract of land located at 316 E. Fairmont Parkway legally described as Blocks 1112 and 1113 of the Town of La Porte Subdivision. The applicant is seeking approval of a variance to allow for a new building to line, contrary to the provisions of Section 106-343(a) of the Code of Ordinances that requires a a. Staff Presentation b. Applicant Presentation c. Public Comments d. Question and Answer 5. A public hearing to receive public input on Variance Request 16-93000007, a request by Bayway Homes for tracts of land legally described as Lots 1-8, Block 108 and Lots 24-32, Block 107, Town of La Porte Subdivision. The applicant is seeking approval of multiple variances as follows: A side setback of 5 for Lot 32, Block 107 and Lot 1, Block 108; contrary to the provisions of Section 106- for a townhouse/quadraplex project. A density of 12.5 units per acre; contrary to the provisions of Section 106-333(a) of the Code of Ordinances that allows a maximum of 10 units per acre for townhouse/quadraplex projects. A spacing between driveways of 4; contrary to the provisions of Section 106-835; Figure 10- 2, which requires a minimum of 10 between residential driveways. A distance from the driveway to the property line of 2; contrary to the provisions of Section 106-835; Figure 10-2, which requires a minimum distance between the driveway and side lot line of 3. a. Staff Presentation b. Applicant Presentation c. Public Comments d. Question and Answer 6. A public hearing to receive public input on Variance Request 16-93000008, a request by Robert Goebel for the tract of land located at 11230 N. P St., legally described as Lots 1-6 of Block 1 of the Greendale Subdivision U/R. The applicant is seeking approval of a variance that would allow him to build a 1,144-square foot garage; contrary to the provisions of Section 106-741(e)(2), which allows detached garages on lots less than an acre in size to have a maximum floor area of 1,000 square feet. a. Staff Presentation b. Applicant Presentation c. Public Comments d. Question and Answer 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 Zoning Board of Adjustment Agenda August 25, 2016 Regular Meeting Page 2 7. A public hearing to receive public input on Variance Request 16-93000009, requested by Oakland Land & Development for the tract of land located at 905 S. 14th St., legally described as Lots 1-32 & Tract A, Block 866, Town of La Porte Subdivision. The applicant is seeking approval of a variance that would allow him to keep his current irrigation system of hose bibbs and soaker hoses; contrary to the provisions of Section 106-800 (c); 4; b., which requires properties larger than one acre to have an automatic irrigation system. a. Staff Presentation b. Applicant Presentation c. Public Comments d. Question and Answer 8. A public hearing to receive public input on Variance Request 16-93000010, a request by Richard Sparks for the tract of land located at 920 Seabreeze, legally described as Lots 18 & 19, Parkway Block, Bayshore Park Subdivision. The applicant is seeking approval of a variance that would allow him to build a 1,080-square foot garage; contrary to the provisions of Section 106-741 (e)(2), which allows detached garages on lots less than an acre in size to have a maximum floor area of 1,000 square feet. a. Staff Presentation b. Applicant Presentation c. Public Comments d. Question and Answer 9. Administrative reports. 10. Board comments on matter appearing on the agenda or inquiry of staff regarding specific factual information or existing policy. 11. 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, August 25, 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 Zoning Board of Adjustment Minutes of May 26, 2016 Board Members Present: Rod Rothermel, Dennis Oian, Nettie Warren, Chester Pool, T.J. Walker, Doug Martin and Charles Schoppe Board Members Absent: None City Staff Present: Assistant City Attorney Clark Askins, City Planner Eric Ensey, and Planning Technician Ryan Cramer 1.Call to Order. Chairman Rod Rothermel called the meeting to order at 6:00 p.m. 2.Roll call of members. All board members were present. 3.Consider approval of meeting minutes: April 28, 2016. Motion by Charles Schoppe to approve the meeting minutes of the April 28, 2016 meeting. Second by Chester Pool. Motion carried. Ayes: Rod Rothermel, T.J. Walker, Nettie Warren, Chester Pool and Charles Schoppe Nays: None 4.A public hearing to consider Variance Request 16-93000004, a request by Frank Ball Realty (Frank Ball) for the property located at the southeast corner of S. Broadway Street and the unimproved E. L Street right-of--6, Lots 17-32, and the abandoned alley, Block 1159, Town of La Porte, to allow for construction of a new single family attached townhouse development with a density of 13.6 dwelling units per acre, contrary to the provisions of Section 106- maximum density of 10 dwelling units per acre. *At this time Chairman Rothermel decided to take the agenda items out of order and hear agenda item number five first as there was no applicant for agenda item number four. Chairman Rothermel opened the public hearing at 6:10 p.m. a.Staff Presentation Frank Ball to allow for the construction of new townhouses. City Planner Ensey said this variance is required because the applicant wants to build single family attached townhomes. City Planner Ensey went on to explain single family attached housing means each house will be platted on its own lot, allowing a perspective buyer to own their lot. Chester Pool asked if there were any benefits or draw allowing a higher density of townhomes. City Planner Ensey said a benefit is more taxable buildings and a possible drawback could be higher crime, but considering these homes would be owned outright, that did not seem likely. b.Applicant Presentation Chairman Rothermel swore in the applicant Baldo Navarette, 908 Azalea Point, League City, Texas. Chairman Rothermel asked if there was any specific hardship with the request. Mr. Navarette indicated the extra density was so they can meet a certain return on investment. Chairman Rothermel then asked how many units there would be per building. City Planner Ensey told the Board there would be two buildings with ten units and one with twelve. c.Public Comments Janet Furlow, 21 N. Forest Avenue, La Porte, Texas spoke in opposition to the proposed extra units because any extra concrete could create a drainage problem for her property. Hal Lawler, 1414 S. Broadway, La Porte, Texas was not sure whether or not he supported the variance as he thought the resulting home ownership would improve the community but the proposed entrances and exits for the development being directly across from the recreation center caused concern for Mr. Lawler. Chairman Rothermel closed the public hearing at 6:27 PM. d.Question and Answer There was no question and answer Motion by Charles Schoppe to deny Variance Request 16-93000004, a request by Frank Ball Realty (Frank Ball) for the property located at the southeast corner of S. Broadway Street and the unimproved E. L Street right-of--6, Lots 17-32, and the abandoned alley, Block 1159, Town of La Porte, to allow for construction of a new single family attached townhouse development with a density of 13.6 dwelling units per acre, contrary to the provisions of Section 106- of 10 dwelling units per acre. Second by T.J. Walker. Motion Carried. Ayes: Rod Rothermel, Dennis Oian, Nettie Warren, Chester Pool and Charles Schoppe 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 16-93000005, a request by Kathleen Lemon for the property located at 401 and 403 Bayshore Drive, legally described as Lots 19 & 20, Block 49, Sylvan Beach Subdivision, to allow construction of a single family house with a lot frontage of 4 contrary to the provisions of Section 106-333 that requires a 50-foot frontage and a 6,000 square foot lot. Chairman Rothermel opened the public hearing at 6:01. a.Staff Presentation City Planner Ensey presented for variance request 16-93000005 in which Kathleen Lemon is requesting to replat her residential lot in a manner that would have City Planner Ensey said Ms. Lemon had previously been granted a variance for her lot width and size, amongst others, but because of a mismeasurement of her front property line her initial variance did not approve the distance she needed. b.Applicant Presentation Kathleen Lemon, 515 River Birch Dr., Lumberton, Texas, told the Board how she measured the property line before the initial variance and when she got a survey it came back a different length, forcing her to get a new variance. c.Public Comments There were no public comments. Chairman Rothermel closed the public hearing at 6:06 PM. d.Question and Answer Chester Pool asked if there was any application fee because Ms. Lemon only had to reapply for a previously granted variance to correct a distance. City Planner Ensey said the City did not charge an application fee for the same reason Mr. Pool was concerned. Motion by Charles Schoppe to approve Variance Request 16-93000005, a request by Kathleen Lemon for the property located at 401 and 403 Bayshore Drive, legally described as Lots 19 & 20, Block 49, Sylvan Beach Subdivision, to allow construction of a single family house with a lot to the provisions of Section 106-333 that requires a 50 foot frontage and a 6,000 square foot lot. Second by Chester Pool. Motion Carried. Ayes: Rod Rothermel, T.J. Walker, Nettie Warren, Chester Pool and Charles Schoppe Nays: None Assistant City Attorney Clark Askins read from Section 106-196 of the Code of Ordinances: Appeals from the Board of Adjustment. 6.Administrative Reports City Planner Ensey said the Planning and Zoning Commission has requested a group workshop with the Zoning Board of Adjustment to discuss the new changes to the Zoning Ordinance. 7.Board comments on matters appearing on the agenda or inquiry of staff regarding specific factual information or existing policy. Dennis Oian asked what options the applicant of agenda item number four had now the variance request was denied. Chairman Rothermel and Assistant City Attorney Askins told him the applicant could either build to code or challenge the ruling in court. 8.Adjourn Motion by Chester Pool to adjourn. Second by T.J. Walker. Motion Carried. Ayes: Rod Rothermel, T.J. Walker, Nettie Warren, Chester Pool and Charles Schoppe Nays: None Chairman Rothermel adjourned the meeting at 6:34 p.m. Respectfully submitted, Ryan Cramer Secretary, Zoning Board of Adjustment Passed and Approved on , 2016. Rod Rothermel Chairman, Zoning Board of Adjustment City of La Porte, Texas Zoning Board of Adjustment August 25, 2016 AGENDA ITEM 4 Consider approval of a Variance for the property located at 316 East Fairmont Parkway, legally described as Blocks 1112 and 1113, Town of La Porte Subdivision. (Applicant: First Assembly of God) wǤğƓ /ƩğƒĻƩͲ tƌğƓƓźƓŭ ĻĭŷƓźĭźğƓ tƌğƓƓźƓŭ ğƓķ 5ĻǝĻƌƚƦƒĻƓƷ 5ĻƦğƩƷƒĻƓƷ /źƷǤ ƚŅ \[ğ tƚƩƷĻͲ Ļǣğƭ Board of Adjustment Meeting August 25, 2016 First Assembly of God Variance Planning and Development Department Staff Report ISSUE Should the Board of Adjustment approve the variance requested by Shane Klinkerman on behalf of First Assembly of God Church for the property located at 316 East Fairmont Parkway, legally described as Blocks 1112 and 1113, Town of La Porte Subdivision (case #16-93000006) which would allow the applicant to place a new building from the front property line? DISCUSSION Applicant: First Assembly of God Church : The applicant is seeking approval of variance request #16-93000006. The variance requested will allow the applicant to p from the front property line while retaining the existing buildings. The attached Exhibit A is a copy of the application and site plan showing how the applicant intends to configure the improvements as well as pictures showing the location of surrounding buildings. Based on the information provided by the applicant, the Church currently owns Blocks 1112 and 1113, which contain two existing buildings. Subject Site: The subject sites make up a 3.251 acre tract of land addressed 316 E. Fairmont Parkway and legally described as Blocks 1112 and 1113, Town of La Porte Subdivision. The property is located at the east corner of Oregon Avenue and East Fairmont Parkway. The attached Exhibit B is an area map that shows the location of the property in question. 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. The applicant signed an Affidavit of Posting indicating that the required sign was posted on Board of Adjustment Meeting August 25, 2016 First Assembly of God Variance 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 GC, General Commercial. The subject site contains one worship building and two accessory buildings, one of which will be demolished to make room for the new building. The following table summarizes the surrounding zoning and land uses: Zoning Land Use North R-2, Medium-density Education (La Porte High Residential School) South R-3, High-density Residential Residential (1201 Oregon) West GC, General Commercial Residential (Tammie Jay Apartments) East GC, General Commercial Commercial (La Porte Medical Center) Applicable Code Provisions: Section 106-443, stipulates the commercial area requirements. The following is an excerpt from that section as applicable to this variance request (see highlighted): Uses Min. Max Lot Min. Yard Adjacent Max. Landscaping Coverage Setbacks to Heig Requirements Residential ht Minimum Yard Setbacks GC 7.5% one-ten 50% -- -- N/A General acres Comm. Analysis: The applicant is requesting approval of a variance that would allow for the placement of a new building from the front property line along East Fairmont Parkway. 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 following table outlines those criteria and staff Board of Adjustment Meeting August 25, 2016 First Assembly of God Variance Criterion: Staff Finding: a. That the granting of the variance will not be The granting of the variance would allow the contrary to the public interest applicant to front property line. Most of the buildings along East Fairmont are non-conforming in they do not the worship building already on the property and the accessory building to be torn down to allow room for the new building. b. That literal enforcement of this chapter will The building that the applicant desires is result in unnecessary hardship because of approximately a they want exceptional narrowness, shallowness, shape, to place it is topography or other extraordinary or to abide by both front and rear exceptional physical situation unique to the setbacks. That being said, there are areas on the specific piece of property in question. property the building could fit in without need for "Unnecessary hardship" shall mean physical a variance. The applicant could also redesign the hardship relating to the property itself as structure to comply with the setbacks. 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. c. That by granting the variance, the spirit of this forming provisions chapter will be observed. are to bring structures into compliance over time. In this case, a nonconforming building would be torn down and the intent of the code would be to bring any new structures into compliance with the setback requirements. 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, pictures and a conceptual site plan Exhibit B: Area map ExhibitA ExhibitA ExhibitA ExhibitA ExhibitA ExhibitA Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A City of La Porte, Texas Zoning Board of Adjustment August 25, 2016 AGENDA ITEM 5 Consider approval of a number of Variances to allow construction of a new single family attached townhouse project st for properties generally located at the N. 1 St. and Unimproved E St. Right-of-Way intersection, legally described as Lots 1-8, Block 108 and Lots 24-32, Block 107, Town of La Porte Subdivision. (Applicant: Bayway Homes) wǤğƓ /ƩğƒĻƩͲ tƌğƓƓźƓŭ ĻĭŷƓźĭźğƓ tƌğƓƓźƓŭ ğƓķ 5ĻǝĻƌƚƦƒĻƓƷ 5ĻƦğƩƷƒĻƓƷ /źƷǤ ƚŅ \[ğ tƚƩƷĻͲ Ļǣğƭ Board of Adjustment Meeting August 25, 2016 Bayway Homes Variance Planning and Development Department Staff Report ISSUE Should the Board of Adjustment approve the variance requested by Jon Skeele on behalf of Bayway st Homes for the properties generally located at the N. 1 Street and Unimproved E Street Right-of-Way, legally described as Lots 1-8, Block 108 and Lots 24-32, Block 107, Town of La Porte Subdivision (case #16-93000007) which would allow the applicant to build a new single family attached townhouse development subject to the following variances: 1.A side seisions of Section 106-333: 2.A density of 12.5 units per acre; contrary to the provisions of Section 106-333: 3.A distan-835: 4.A ; contrary to the provisions of Section 106- 835? DISCUSSION Applicant: Bayway Homes : The applicant is seeking approval of variance request #16-93000007. The variance would allow the applicant to build a new single family attached townhouse development in the Northside area. The request includes a . The attached Exhibit A is a copy of the application and site plan showing how the applicant intends to configure the improvements as well as elevations of the proposed townhouses. Based on the information provided by the applicant, Bayway Homes currently owns Lots 1-8, Block 108 st and Lots 24-32, Block 107, as well as other noncontiguous lots on N. 1 St.; the lots currently are undeveloped and wooded. Subject Site: st The subject lots make up a 1.219 acre tract of land generally at the N. 1 St. and unimproved E St. right- of-way intersection and is legally described as Lots 1-8, Block 108 and Lots 24-32, Block 107, Town of La st Porte Subdivision. The properties are located on both sides of N. 1 St. south of the unimproved E St. Right-of-Way. Each lot is part of the original Town oThe attached Exhibit B is an area map that shows the location of the property in question. Board of Adjustment Meeting August 25, 2016 Bayway Homes 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. The applicant signed an Affidavit of Posting indicating that the required 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 sites are currently zoned R-2, Medium-Density Residential. The subject sites currently sit undeveloped. The following table summarizes the surrounding zoning and land uses: Zoning Land Use North BI/GC, Business Commercial (Truck Stop/Alloy Industrial/General Commercial & Aluminum Fabricators) South R-2, Medium-density Unimproved Land Residential West R-2, Medium-density Unimproved Land Residential East GC, General Commercial Commercial (517 & 531 N. Broadway) 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. Lot Area Min. Lot Min. Yard Min. Site Max. Width Setbacks Area/ Unit Height F.R.S. S.F. Townhouses, 2,000 S.F. -2-4,400 Quadplexes 2 10.0 DU/A Section 106-835; Figure 10-2 lays out the curb and driveway criteria in residential districts. The following is an excerpt from that section as applicable to this variance request (see highlighted): Driveway Requirements Distance from intersection Spacing between driveway Distance from side lot line Intersecting angle 90 Board of Adjustment Meeting August 25, 2016 Bayway Homes Variance Analysis: The applicant is seeking approval of a variance that would allow the applicant to build a new single family attached townhouse development the 2 northern property lines, a way to side pr. 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 following table outlines those criteria and stahose criteria: Criterion: Staff Finding: a. That the granting of the variance will not be Granting this variance would allow for a series of contrary to the public interest deviations to help build a single family attached townhouse development. As it currently stands, all of the surrounding residential area is undeveloped. The R-2 zoning allows for the proposed use. To the north of this project is the unimproved E nd St. right-of-way that at N. 2 St. is being used for Hike and Bike Trail. This creates a buffer between the proposed development and the commercial/industrial uses to the north. b. That literal enforcement of this chapter will As it relates to driveway criteria in result in unnecessary hardship because of townhouse/quadraplex developments, meeting exceptional narrowness, shallowness, shape, the code is difficult and likely impossible. topography or other extraordinary or According to Section 106-333 referenced earlier, exceptional physical situation unique to the specific piece of property in question. "Unnecessary hardship" shall mean physical you half the required distance between driveways hardship relating to the property itself as distinguished from a hardship relating to the minimum convenience, financial considerations or driveway width. Section 106-839 requires 2 caprice, and the hardship must not result from parking spaces minimum per household while the applicant or property owner's own actions. Section 106-835 requires that each parking spot wide but the City code requires 2 As it relates to density requirements and side setbacks, staff finds it difficult to argue that there is an unnecessary hardship preventing the Board of Adjustment Meeting August 25, 2016 Bayway Homes Variance applicant from meeting the density or side setback requirements. c. That by granting the variance, the spirit of this chapter will be observed. are to bring structures into compliance over time. In this case, nonconforming buildings would be constructed in a lot that was not previously nonconforming but it would facilitate the building of a use intended for the district it is in. If the Board so chooses to grant the variance, staff would like to recommend that a condition be added that requires the two units to have some architectural feature distinguishing them, so they will look like separate homes. This can be accomplished by setting the façade back for one of the units or adding an architectural feature that visually separates the units, rather than the appearance of one continuous façade. 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 a conceptual site plan with elevations Exhibit B: Area map ExhibitA ExhibitA ExhibitA ExhibitA ExhibitA ExhibitA ExhibitA ExhibitB AREA MAP VARIANCE REQ. #16-93000007 327 328 LOCATION OF PROPERTY 107 108 T ON S DIS W MA 85 86 1 inch = 100 feet City of La Porte, Texas Zoning Board of Adjustment August 25, 2016 AGENDA ITEM 6 Consider approval of a Variance to allow construction of a 1,144 square foot garage for the property located at 11230 N. P St., legally described as Lots 1-3, Block 1, Greendale Unrecorded Subdivision. (Applicant: Robert Goebel) wǤğƓ /ƩğƒĻƩͲ tƌğƓƓźƓŭ ĻĭŷƓźĭźğƓ tƌğƓƓźƓŭ ğƓķ 5ĻǝĻƌƚƦƒĻƓƷ 5ĻƦğƩƷƒĻƓƷ /źƷǤ ƚŅ \[ğ tƚƩƷĻͲ Ļǣğƭ Board of Adjustment Meeting August 25, 2016 Goebel Garage Variance Planning and Development Department Staff Report ISSUE Should the Board of Adjustment approve the variance requested by Robert Goebel for the property at 11230 N. P St., legally described as Lots 1-3, Block 1, Greendale Unrecorded Subdivision (case #16- 93000008) which would allow the applicant to build a new garage that is 1,144 square feet on a lot less than an acre in size; contrary to the provisions of Section 106-741 which sets a maximum of 1,000 square feet for an accessory building? DISCUSSION Applicant: Robert Goebel : The applicant is seeking approval of variance request #16-93000008. The variance would allow the applicant to build a new 3 car garage with a workshop area and extra storage 1,144 square feet in size. The applicant, Robert Goebel currently owns Lots 1-6, Block 1, Greendale Unrecorded Subdivision but this variance request only pertains to lots 1-3. Subject Site: The subject lots make up a .344 acre tract of land addressed 11230 N. P St. and legally described as Lots 1-3, Block 1, Greendale Unrecorded Subdivision. The attached Exhibit B is an area map that shows the location of the property in question. 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. The applicant signed an Affidavit of Posting indicating that the required 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. Board of Adjustment Meeting August 25, 2016 Goebel Garage Variance Background Information: The sites are currently zoned R-1, Low-Density Residential. The subject site currently has one-story house on it. The following table summarizes the surrounding zoning and land uses: Zoning Land Use North LLD, Large Lot District Residential (11235 N. P) South R-1, Low-Density Residential Residential (1615 Valley View Dr.) West R-1, Low-Density Residential Residential (1510 Valley View Dr.) East LLD, Large Lot District Residential (11310 N. P) Applicable Code Provisions: Section 106-741, stipulates general provisions as they relate to accessory buildings. The following is an excerpt from that section as applicable to this variance request: bƚ ğĭĭĻƭƭƚƩǤ ĬǒźƌķźƓŭͲ ƚƩ ĭğƩƦƚƩƷ ŭğƩğŭĻ ŅƚƩ ƭźƓŭƌĻΏŅğƒźƌǤ ķǞĻƌƌźƓŭƭ ƭŷğƌƌ ƚĭĭǒƦǤ ƒƚƩĻ ƷŷğƓ ЋЎ ƦĻƩĭĻƓƷ ƚŅ ğ ƩĻğƩ ǤğƩķͲ Analysis: The applicant is seeking approval of a variance that would allow the applicant to build a garage that is 1,144 square feet. 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 following table outlines those criteria and sta Criterion: Staff Finding: a.That the granting of the variance will not beAs it currently stands, the applicant has no contrary to the public interest neighbor to his south and owns the property. It should be noted that even if both properties were combined, the total size would be under one acre b.That literal enforcement of this chapter willStaff finds there is nothing physically wrong with result in unnecessary hardship because of the property preventing the applicant from exceptional narrowness, shallowness, shape, building a garage under 1,000 square feet in size. 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 Board of Adjustment Meeting August 25, 2016 Goebel Garage Variance convenience, financial considerations or caprice, and the hardship must not result from the applicant or property owner's own actions. c. That by granting the variance, the spirit of this chapter will be observed. are to bring structures into compliance over time. Even if the applicant were to use lots 1-6 as one piece of property, a variance for a garage of this size would still be necessary as it would be under an acre in size. The restrictions on accessory building size were written to avoid overcrowding of lots and this structure will fit under the 25% backyard coverage rule. 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 a conceptual site plan with elevations Exhibit B: Area map ExhibitA ExhibitA A Exhibit A Exhibit Exhibit A A Exhibit ExhibitA AREA MAP ExhibitB VARIANCE REQ. #16-93000008 331332 389390 330329 LOCATION OF PROPERTY N P ST 2 312 311 BAY VISTA 3 392 SKY VIE W 1 4 309 310 LITT LE BROOK 5 12292 1 inch = 200 feet City of La Porte, Texas Zoning Board of Adjustment August 25, 2016 AGENDA ITEM 7 Consider approval of a Variance to allow the use of hose bibbs th for the property located at 905 S. 14 St., legally described as Lots 1-32 & Tract A, Block 866, Town of La Porte Subdivision. (Applicant: Oakland Land & Development) wǤğƓ /ƩğƒĻƩͲ tƌğƓƓźƓŭ ĻĭŷƓźĭźğƓ tƌğƓƓźƓŭ ğƓķ 5ĻǝĻƌƚƦƒĻƓƷ 5ĻƦğƩƷƒĻƓƷ /źƷǤ ƚŅ \[ğ tƚƩƷĻͲ Ļǣğƭ Board of Adjustment Meeting August 25, 2016 Oakland Hose Bibbs Variance Planning and Development Department Staff Report ISSUE Should the Board of Adjustment approve the variance requested by Oakland Land & Development for the property located at 905 S. 14th St., legally described as Lots 1-32 & Tract A, Block 866, Town of La Porte Subdivision (case #16-93000009) which would allow the applicant to use hose bibbs in lieu of an irrigation system? DISCUSSION Applicant: Oakland Land and Development LLC : The applicant is seeking approval of variance request #16-93000009. The variance would allow the applicant to use hose bibbs to water their required landscaping. Based on the information provided by the applicant, Oakland Land & Development currently owns Lots 1-32 & Tract A, Block 866, Town of La Porte Subdivision. At the time this staff report was written the th planned building for 905 S. 14 St. is awaiting final inspection/approval from the City. There are two other buildings for the property that are a part of a site plan approved by the City. Subject Site: The subject lots make up an approximately 2.7 acre tract of land addressed 905 S. 14th St., legally described as Lots 1-32 & Tract A, Block 866, Town of La Porte Subdivision. The attached Exhibit B is an area map that shows the location of the property in question. 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. The applicant signed an Affidavit of Posting indicating that the required 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 Board of Adjustment Meeting August 25, 2016 Oakland Hose Bibbs Variance website at least ten days prior to the date of the public hearing. Background Information: The sites are currently zoned LI, Light Industrial. The subject site currently has at least one complete building awaiting final approval from the City. The following table summarizes the surrounding zoning and land uses: Zoning Land Use North LI, Light Industrial Undeveloped South LI, Light Industrial Undeveloped West LI, Light Industrial Commercial (Insultherm Inc.) East LI, Light Industrial Undeveloped Applicable Code Provisions: Section 106-800, provisions. The following are excerpts from that section as applicable to this variance request: hƓ ķĻǝĻƌƚƦƒĻƓƷƭ ŭƩĻğƷĻƩ ƷŷğƓ ƚƓĻ ğĭƩĻͲ ğ ƦƩƚŭƩğƒƒğĬƌĻ ğǒƷƚƒğƷźĭ źƩƩźŭğƷźƚƓ ƭǤƭƷĻƒ ǞźƷŷ ƩğźƓ ƭĻƓƭƚƩ ķĻǝźĭĻƭ ƭŷğƌƌ ĬĻ ƦƩƚǝ Analysis: The applicant is seeking approval of a variance that would allow the applicant to use hose bibbs in lieu of an automated irrigation system. The site plan included a note requiring an automatic sprinkler system. However, sites less than 1 acre in area are allowed to use a hose bibb system. In this case, the entire area is greater than 1 acre in size. 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 following table outlines those criteria and sta Criterion: Staff Finding: a. That the granting of the variance will not be The public interest in this case would be that the contrary to the public interest plants are watered. If the hose bibbs can adequately water the landscaping required by City ordinance then this variance would not be contrary to the public interest. It is worth noting that the site plan approved by the City required an automatic irrigation system. Board of Adjustment Meeting August 25, 2016 Oakland Hose Bibbs Variance b. That literal enforcement of this chapter will The applicant says that power is provided result in unnecessary hardship because of underground through the front of the building, exceptional narrowness, shallowness, shape, making digging irrigation lines difficult. This could topography or other extraordinary or fall under an unnecessary hardship because it was exceptional physical situation unique to the actions but specific piece of property in question. . This does not mean "Unnecessary hardship" shall mean physical that installation of an automatic irrigation system hardship relating to the property itself as as per code could not be done. 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. c. That by granting the variance, the spirit of this rming provisions chapter will be observed. are to bring structures into compliance over time. Hose bibbs are allowed when all plant material is under one acre in size. In this case, while over an acre in size, all hose bibbs are to all plant material. Materials provided by the applicant state hose bibbs ll ornamental trees and shrubs. confusion, staff would like to recommend that if the variance is approved then a condition be added that hose bibbs be within 50 feet of all plant material. 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 a plot plan Exhibit B: Area map ExhibitA ExhibitA ExhibitA AREA MAP ExhibitB VARIANCE REQ. #16-93000009 863864145 861862 LOCATION OF PROPERTY 865168 867866 868 900169 898899 897 1098 1097 1096 1095 1094 1 inch = 200 feet City of La Porte, Texas Zoning Board of Adjustment August 25, 2016 AGENDA ITEM 8 Consider approval of Variances to allow construction of a 1,080 square foot garage for the property located at 920 Seabreeze Ave., legally described as Lots 18 & 19, Parkway Block, Bay Shore Park Subdivision. (Applicant: Richard Sparks) wǤğƓ /ƩğƒĻƩͲ tƌğƓƓźƓŭ ĻĭŷƓźĭźğƓ tƌğƓƓźƓŭ ğƓķ 5ĻǝĻƌƚƦƒĻƓƷ 5ĻƦğƩƷƒĻƓƷ /źƷǤ ƚŅ \[ğ tƚƩƷĻͲ Ļǣğƭ Board of Adjustment Meeting August 25, 2016 Sparks Garage Variance Planning and Development Department Staff Report ISSUE Should the Board of Adjustment approve the variance requested by Richard Sparks for the property located at 920 Seabreeze Ave., legally described as Lots 18 & 19, Parkway Block, Bay Shore Park Subdivision (case #16-93000010) which would allow the applicant to build a new garage that is 1,080 square feet on a lot less than an acre in size; contrary to the provisions in Section 106-741? DISCUSSION Applicant: Richard Sparks : The applicant is seeking approval of variance request #16-93000010. The variance would allow the applicant to build a new 2 car garage with room for RV parking 1,080 square feet in size. Based on the information provided by the applicant, Richard Sparks currently owns Lots 18 & 19, Parkway Block, Bay Shore Park Subdivision. These lots currently have one house and two metal sheds on them. The plot plan provided indicates that the sheds will be torn down to make room for the garage. Subject Site: The subject lots make up a .23 acre tract of land addressed 920 Seabreeze Ave. and legally described as Lots 18 & 19, Parkway Block, Bay Shore Park Subdivision. The attached Exhibit B is an area map that shows the location of the property in question. 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. The applicant signed an Affidavit of Posting indicating that the required 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. Board of Adjustment Meeting August 25, 2016 Sparks Garage Variance Background Information: The sites are currently zoned R-1, Low-Density Residential. The subject site currently has one two-story house on it. The following table summarizes the surrounding zoning and land uses: Zoning Land Use North R-1, Low-Density Residential Residential (919/921 Seabreeze Ave.) South R-1, Low-Density Residential Residential (915 Parkway St.) West R-1, Low-Density Residential Residential (914 Seabreeze.) East R-1, Low-Density Residential Residential (926 Seabreeze Ave.) Applicable Code Provisions: Section 106-741, stipulates general provisions as they relate to accessory buildings. The following is an excerpt from that section as applicable to this variance request: bƚ ğĭĭĻƭƭƚƩǤ ĬǒźƌķźƓŭͲ ƚƩ ĭğƩƦƚƩƷ ŭğƩğŭĻ ŅƚƩ ƭźƓŭƌĻΏŅğƒźƌǤ ķǞĻƌƌźƓŭƭ ƭŷğƌƌ ƚĭĭǒƦǤ ƒƚƩĻ ƷŷğƓ ЋЎ ƦĻƩĭĻƓƷ ƚŅ ğ ƩĻğƩ ǤğƩķͲ ƓƚƩ ĻǣĭĻĻķ ЊͲЉЉЉ ƭƨǒğƩĻ ŅĻĻ Analysis: The applicant is seeking approval of a variance that would allow the applicant to build a garage that is 1,080 square feet large. rom 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 following table outlines those criteria and sta Criterion: Staff Finding: a.That the granting of the variance will not be contrary to the public interest Seabreeze Ave. a detached garage etal accessory buildings. However, in the community of La Porte at large, it is common to have detached garages in residential areas. b.That literal enforcement of this chapter willStaff is unable to identify an unnecessary result in unnecessary hardship because of hardship that would warrant the granting of the exceptional narrowness, shallowness, shape, variance in this instance. However, the applicant topography or other extraordinary or does own a lot that is 3,750 square feet larger exceptional physical situation unique to the than a typical R-1 lot and would stay under the specific piece of property in question. maximum allowed lot coverage. "Unnecessary hardship" shall mean physical Board of Adjustment Meeting August 25, 2016 Sparks Garage Variance 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. c.That by granting the variance, the spirit of thisThe restrictions on accessory building size were chapter will be observed. written to avoid overcrowding of lots and with this structure the lot will be under the 40% maximum lot coverage for an R-1 zoned lot. It is feet to the length of the building. Appeal Procedure: Appeals from the board of adjustment. 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 a plot plan Exhibit B: Area map ExhibitA ExhibitA ExhibitB AREA MAP VARIANCE REQ. #16-93000010 19 OAKGROVE SEABREEZE LOCATION OF PROPERTY PARKWAY 1 BAYVIEW BAYSHORE BELLAIRE 16 BAYFRONT 1 inch = 100 feet