HomeMy WebLinkAbout11-10-16 (Cancelled) Special Meeting of the Zonining Board of Adjustment Meeting
City of La Porte Planning and Development Department
Established 1892
City of La Porte
Zoning Board of Adjustment Agenda
Notice is hereby given of a Special Meeting of the La Porte Zoning Board of Adjustment to be held on
Thursday, November 10, 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. A public hearing to consider Variance Request 16-93000011, a request by George Lowery for the
tract of land located at 2602 W. Main, legally described as Lots 21-30 & Tracts 1-10 & 12-20 Block
707 & Abandoned Alley and Tract A Town of La Porte Subdivision. The applicant is seeking approval
of a variance that would allow him to build a 292.24 square foot sign. This is contrary to the
provisions of Section 106-874 (a)(3)(b)(1), which caps the size of freestanding on-premises signs in a
General Commercial zone at 150 square feet.
a. Staff Presentation
b. Applicant Presentation
c. Public Comments
d. Question and Answer
4. A public hearing to receive public input on Variance Request 16-93000012, a request by Donna
Eckels for the tract of land located at 402 W. E Street, legally described as Lots 30, 31 & 32, Block 129
Town of La Porte Subdivision. The applicant is seeking approval of a variance that would allow her
client to replat one lot (East) to be 5,625 square feet and the other (West) to be 3,750 square feet in
size. Both of these lot sizes are contrary to the provisions of Section 106-333 (a), which requires
single family detached lots to be a minimum of 6,000 square feet in size.
a. Staff Presentation
b. Applicant Presentation
c. Public Comments
d. Question and Answer
5. A public hearing to receive public input on Variance Request 16-93000013, a request by Jose
Gonzalez for the tract of land located at 324 W. Main Street, legally described as Lots 11, & 12 Block
58 Town of La Porte Subdivision. The applicant is seeking approval of a variance that would allow his
client to place a freestanding sign in the Main Street District that is 50 square feet in size, and is 24
feet in height for an existing building that is not setback. This is contrary to Section 106-874 (a)(4)(c)
which requires that new freestanding signs can only be used when the building is setback and cannot
exceed 24 square feet in size or 14 feet in height.
a. Staff Presentation
b. Applicant Presentation
c. Public Comments
d. Question and Answer
6. A public hearing to receive public input on Variance Request 16-93000014, a request by Charles
Pfeiffer for the tract of land located at 202 ½ N. 16th St., legally described as Block 686,Lots 1-16&17-
th
32 & Abandoned E ½ N. 14 St, Town of La Porte Subdivision. The applicant is seeking approval of a
variance that would allow him to forego installation of planters in a parking area; contrary to the
provisions of Section 106-800 (c)(1)(c), which requires a minimum ratio of one planter for every ten
parking spaces.
a. Staff Presentation
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
November 10, 2016 Special Meeting
Page 2
b. Applicant Presentation
c. Public Comments
d. Question and Answer
7. A public hearing to receive public input on Special Exception Request 16-93000001, a request by
Mark Hutfless for the tract of land located at 201 N. 18th Street, legally described as Lots 17-32 and
-16 Block 691 Town of La Porte Subdivision. The applicant is seeking approval of
a special exception that would allow his company (Imreys) to expand a preexisting non-conforming
use.
a. Staff Presentation
b. Applicant Presentation
c. Public Comments
d. Question and Answer
8. A public hearing to receive public input on Special Exception Request 16-93000002, a request by
Wayne Vinson for the tract of land located at 801 N. 16th Street, legally described as Tracts A & 1A of
Block 1 Nebraska Syndicate. The applicant is seeking approval of a special exception that would allow
his company (Lhoist) to expand a preexisting non-conforming use.
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, November 10, 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
City of La Porte, Texas
Zoning Board of Adjustment
November 10, 2016
AGENDA ITEM 3
Consider approval of a Variance
to allow construction of a new sign
for the property located at 2602 W. Main St.,
legally described as Lots 21-30 & Tracts 1-10 & 12-20 Block 707 & Abandoned Alley &
Tract A, Town of La Porte Subdivision.
(Applicant: George Lowery)
wǤğƓ /ƩğƒĻƩͲ tƌğƓƓźƓŭ ĻĭŷƓźĭźğƓ
tƌğƓƓźƓŭ ğƓķ 5ĻǝĻƌƚƦƒĻƓƷ 5ĻƦğƩƷƒĻƓƷ
/źƷǤ ƚŅ \[ğ tƚƩƷĻͲ Ļǣğƭ
Board of Adjustment Meeting
November 10, 2016
El Toro Sign Variance
Planning and Development Department
Staff Report
ISSUE
Should the Board of Adjustment approve the variance requested by George Lowery on behalf of El Toro
Restaurant for the property located at 2602 W. Main St., legally described as Lots 21-30 & Tracts 1-10 &
12-20 Block 707 & Abandoned Alley & Tract A, Town of La Porte Subdivision (case #16-930000011)
which would allow the applicant to install a sign that will be a total of 292.24 square feet in size, this is
contrary to the provisions of Section 106-874 (a)(3)(b)(1), which allows a freestanding on-premises sign
in a General Commercial zone to be 150 square feet max. The requested variance would increase the
maximum allowed sign area by 142.24 square feet.
DISCUSSION
Applicant:
George Lowery (El Toro)
:
The applicant is seeking approval of variance request #16-93000011. The variance would allow the
applicant to install a sign that is 292.24 square feet in size, 142.24 square feet larger than the permitted
sign area.
Subject Site:
The subject lots make up a 5.42 acre tract of land generally at the northeast corner of the Spencer
Highway and Sens Road intersection and is legally described as Lots 21-30 & Tracts 1-10 & 12-20 Block
707 & Abandoned Alley & Tract A, 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 Code of Ordinances 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.
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
November 10, 2016
El Toro Sign Variance
Background Information:
The site is currently zoned GC, General Commercial. The subject site currently sits undeveloped. The
following table summarizes the surrounding zoning and land uses:
Zoning Land Use
North GC, General Commercial Commercial (Beacon Bank)
South GC, General Commercial Commercial (Stripes)
West GC, General Commercial Unimproved Land
East GC, General Commercial Unimproved Land
Applicable Code Provisions:
Section 106-874, speaks to on-premises signs. The following is an excerpt from that section as applicable
to this variance request (see highlighted):
(3) CR, NC and GC Districts
a. One freestanding advertising sign shall be permitted for each side of a commercial
development which fronts on a developed right-of-way.
b. The following size limitations apply:
1. Freestanding signs for a single tenant buildings: 150 square feet.
2. Freestanding signs for single tenant buildings in a controlled access corridor: 300
square feet.
3. Freestanding signs for multitenant buildings: 350 square feet.
Analysis:
The applicant is seeking approval of a variance that would allow the applicant to erect a sign that is
292.24 square feet in size.
Code of Ordinances
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 Granting this variance would allow the applicant
contrary to the public interest to place a larger than permitted sign in the front
of their property. The proposed use of the
property is in line with the zoning district and the
area as a whole.
The size of the sign along with the large amount
of neon lights and the large LED message board,
may pose as a distraction and road hazard to
motorists along W. Main St. The allowed 150
Board of Adjustment Meeting
November 10, 2016
El Toro Sign Variance
square feet per the code would still allow the
applicant ample room to advertise their business
and would not have as great of a negative impact
to motorists along driving by.
b. That literal enforcement of this chapter will Being in a General Commercial zone their building
result in unnecessary hardship because of
exceptional narrowness, shallowness, shape, property line but due to parking and detention
topography or other extraordinary or requirements the principal building is setback
exceptional physical situation unique to the
specific piece of property in question. visibility difficulties.
"Unnecessary hardship" shall mean physical
That said, none of these issues are the result of
hardship relating to the property itself as
distinguished from a hardship relating to
convenience, financial considerations or
relating to the property itself that prevents the
caprice, and the hardship must not result from
applicant from meeting code.
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.
In this case, a nonconforming sign would be
constructed on a lot that was not previously
nonconforming but it would facilitate the building
of a use intended for the district it is in.
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
AREA MAP
41
696
698697
60
LOCATION OF
PROPERTY
61
709
707708
SPENCER HWY
733
734
1 inch = 200 feet
City of La Porte, Texas
Zoning Board of Adjustment
November 10, 2016
AGENDA ITEM
Consider approval of two Variances
to allow platting of a new lot & a reduced front setback
for the property located at 402 W. E St.,
legally described as Lots 30-32, Block 129, Town of La Porte Subdivision.
(Applicant: Donna Eckel)
wǤğƓ /ƩğƒĻƩͲ tƌğƓƓźƓŭ ĻĭŷƓźĭźğƓ
tƌğƓƓźƓŭ ğƓķ 5ĻǝĻƌƚƦƒĻƓƷ 5ĻƦğƩƷƒĻƓƷ
/źƷǤ ƚŅ \[ğ tƚƩƷĻͲ Ļǣğƭ
Board of Adjustment Meeting
November 10, 2016
Bay Point Lot Size Variance
Planning and Development Department
Staff Report
ISSUE
Should the Board of Adjustment approve the variances requested by Donna Eckels for the tract of land
located at 402 W. E Street, legally described as Lots 30, 31 & 32, Block 129 Town of La Porte Subdivision.
The applicant is seeking approval of a variance that would allow her client to replat one lot to be 5,625
square feet and the other to be 3,750 square feet in size. Both of these lot sizes are contrary to the
provisions of Section 106-333 (a), which requires single family detached lots to be a minimum of 6,000
square feet in size. The applicant is also seeking approval of a variance that would allow her client to
This is contrary to Section 106-333 (a), which requires single family detached housing to have a
DISCUSSION
Applicant:
Donna Eckels
:
The applicant is seeking approval of variance request #16-93000012. The variance would allow the
applicant to plat two lots from an existing lot. The variance is for a reduced lot size for each new lot
created and for a reduced front yard setback for the new western lot.
Subject Site:
The subject lot makes up a 9,375 square foot tract of land generally at the southwest corner of the West
rd
Street intersection and is legally described as Lots 30, 31 & 32, Block 129 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.
Required sign was posted on the site ten days prior to the hearing date.
Board of Adjustment Meeting
November 10, 2016
Bay Point Lot Size Variance
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 currently sits undeveloped. The
following table summarizes the surrounding zoning and land uses:
Zoning Land Use
rd
North R-1, Low-Density Residential Residential (518 S. 3 St.)
rd
South R-1, Low-Density Residential Residential (606 S. 3 St.)
th
West R-1, Low-Density Residential Residential (601 S. 4 St.)
rd
East R-1, Low-Density Residential Residential (601 S. 3 St.)
Applicable Code Provisions:
Section 106-333, speaks to residential area requirements. The following is an excerpt from that section
as applicable to this variance request:
Uses Minimum Lot Area Minimum Yard Setbacks
L.F.F.R.S.
Single-family detached 6000 25-15-5
Analysis:
The applicant is seeking approval of a variance that would allow her client to replat his property into two
lots, both under 6,000 square feet, and allow the house on the western lot to maintain a setback smaller
.
Code of Ordinances
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 variances will not be The use of both properties would be in line with
contrary to the public interest the surrounding area and is the intention of the
zoning district.
The City requires minimum lot sizes and setbacks
as a way to protect property values and create a
consistent look amongst R-1 housing.
b. That literal enforcement of this chapter will The size of the original lot makes it impossible for
result in unnecessary hardship because of the lot to be platted into two conforming lots.
exceptional narrowness, shallowness, shape, The front setback cannot be met on the new
topography or other extraordinary or western lot because of an existing house placed
exceptional physical situation unique to the on the property by the original owner in 1940.
specific piece of property in question.
Board of Adjustment Meeting
November 10, 2016
Bay Point Lot Size Variance
"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.
c. That by granting the variance, the spirit of this The
chapter will be observed. are to bring structures into compliance over time.
In this case, the approved variance would allow
for there to be one house per lot as compared to
the non-conforming two houses per lot.
Staff would like to recommend, if the Board so chooses, a condition of approval that a minimum front
setback be provided.
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
AREA MAP
#16-9
112111
113
LOCATION OF
PROPERTY
W
E S
T
130
129
128
W F
S
T
135
137136
1 inch = 100 feet
City of La Porte, Texas
Zoning Board of Adjustment
November 10, 2016
AGENDA ITEM
Consider approval of a Variance
to allow construction of a new sign
for the property located at 324 W. Main St.,
legally described as Lots 11 & 12, Block 58 Town of La Porte Subdivision.
(Applicant: Jose Gonzalez)
wǤğƓ /ƩğƒĻƩͲ tƌğƓƓźƓŭ ĻĭŷƓźĭźğƓ
tƌğƓƓźƓŭ ğƓķ 5ĻǝĻƌƚƦƒĻƓƷ 5ĻƦğƩƷƒĻƓƷ
/źƷǤ ƚŅ \[ğ tƚƩƷĻͲ Ļǣğƭ
Board of Adjustment Meeting
November 10, 2016
New Orleans Seafood Sign Variance
Planning and Development Department
Staff Report
ISSUE
Should the Board of Adjustment approve the variance requested by Jose Gonzalez on behalf of New
Orleans Seafood for the property located at 324 W. Main Street, legally described as Lots 11, & 12 Block
58 Town of La Porte Subdivision. The applicant is seeking approval of a variance that would allow his
client to place a freestanding sign in the Main Street District that is 50 square feet in size and 24 feet in
height, for an existing building with no setback from the ROW. This is contrary to Section 106-874
(a)(4)(c) which requires that new freestanding signs can only be used when the building is setback from
the ROW and cannot exceed 24 square feet in size or 14 feet in height.
DISCUSSION
Applicant:
Jose Gonzalez (New Orleans Seafood)
:
The applicant is seeking approval of variance request #16-93000013. The variance would allow the
applicant to install a sign that is 50 square feet in size and 24 feet in height.
Subject Site:
rd
The subject lots make up a 6,250 square foot tract of land generally at the northeast corner of the S. 3
Street and W. Main Street intersection and is legally described as Lots 11 & 12 Block 58 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 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.
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 site is currently zoned MS, Main Street District Overlay. The subject site currently sits undeveloped.
The following table summarizes the surrounding zoning and land uses:
Zoning Land Use
rd
North MSD, Main Street District Commercial (116 N. 3 St.)
Board of Adjustment Meeting
November 10, 2016
New Orleans Seafood Sign Variance
South MSDO, Main Street District Commercial (321 W. Main St.)
Overlay
West MSDO, Main Street District Park Like Lot (402 W. Main St.)
Overlay
East MSDO, Main Street District Commercial (318 W. Main St.)
Overlay
Applicable Code Provisions:
Section 106-874, speaks to on-premises signs. The following is an excerpt from that section as applicable
to this variance request (see highlighted):
(4) a{ ķźƭƷƩźĭƷ ğƓķ ƚǝĻƩƌğǤ͵
a. Pre-existing, nonconforming signs listed at the following locations within the overlay and
Main Street District existing as of the effective date of this ordinance are considered legal,
grandfathered, and may continue as such in accordance with the specifications, regulations,
and conditions of this ordinance. The city accepts no liability for any damages to any signs
within public right-of-way or easement. The city also reserves the rights to enter into,
maintain, and utilize all common use public utility easements and public rights- of-way to
promote the health, safety, morals or general welfare of the community and the safe,
orderly, and healthful development of the city.
1. 101 E. Main.
2. 201 E. Main.
3. 115 W. Main.
4. 208 W. Main.
5. 306 W. Main.
6. 521 W. Main.
7. 616 W. Main.
8. 718 W. Main.
9. 820 W. Main.
10. *107 N. 8th.
11. *105 Highway 146 S.
12. *117 Highway 146 S.
13. *120 Highway 146 N.
c. Any new on-premises freestanding signs, which shall only be permitted on those
properties where a building is already existing and is setback from the front property line,
shall be a ground sign that is a minimum height of 10 feet from the bottom of the sign and a
maximum height of 14 feet and cannot exceed 24 square feet in area. (Note: In accordance
with section 106-878(b)(2), sign not exceeding eight feet in height do not have to be
engineered.)
d. A city permit shall be required prior to any new signage.
Analysis:
The applicant is seeking approval of a variance that would allow the placement of a sign that is 292.24
square feet in size.
Code of Ordinances
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
Board of Adjustment Meeting
November 10, 2016
New Orleans Seafood Sign Variance
Criterion: Staff Finding:
a. That the granting of the variance will not be Granting this variance would allow the applicant
contrary to the public interest to place a larger and taller than permitted sign in
the front of their property.
There is an existing sign pole on the property. The
code does make exceptions for pre-existing signs
but this property is not on that list.
b. That literal enforcement of this chapter will There is an existing sign pole designed to hold a
result in unnecessary hardship because of sign of this height and size, not one that meets
exceptional narrowness, shallowness, shape, City standards.
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.
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, a non-conforming pole is already on
the property. While placing a sign will not make
the pole any more conforming, the only way this
property would become more conforming in this
manner would be removal or shortening of the
pole.
Staff would note, if consideration is given to allow the requested sign, it should be designed in a way to
as described in Section 106-945:
Section 106-945. Purpose and intent.
(a) Purpose: These guidelines are intended to aid downtown property owners in La Porte to protect and
enhance the historic resources of the community. The standards describe design ideas for
appropriate alterations and new construction, and also provide basic maintenance tips.
Board of Adjustment Meeting
November 10, 2016
New Orleans Seafood Sign Variance
(1) To protect, enhance and perpetuate landmarks and districts of historical, cultural,
architectural or archeological importance that reflect distinctive and important elements of
the unique historical heritage of La Porte.
(2) Foster civic pride by recognizing accomplishments of the past.
(3) Protect and enhance the attractiveness of the City to tourists and visitors and support
and stimulate the economy.
(4) Insure the harmonious, orderly and efficient growth and development in the Main
Street District.
(5) Promote the economic prosperity and welfare of property owners in the Main
Street District.
(6) Encourage the stabilization, restoration and improvement of property and property
values in the district.
(7) Maintain a generally harmonious outward appearance of both historic and modern
structures, which are compatible and complimentary in scale, form, color, proportion, texture
and material.
(b) Intent: To capitalize on La s urban design and architectural character, the
following principles shall serve as a guide for future development in the Main Street District. In
general, the buildings should have a pre-1930s appearance.
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
AREA MAP
VARIANCE #16-93000013
W POLK ST
58
59
57
LOCATION OF
PROPERTY
3938
40
1 inch = 100 feet
City of La Porte, Texas
Zoning Board of Adjustment
November 10, 2016
AGENDA ITEM
Consider approval of a Variance
to allow owner to forego installation of planters in a parking area
th
for the property located at 202 ½ N. 16 St.,
th
legally described as Block 686, Lots 1-16&17-32 & Abandoned E ½ N. 14 St.
(Applicant: Charles Pfeiffer)
LğƓ /ƌƚǞĻƭͲ /źƷǤ tƌğƓƓĻƩ
tƌğƓƓźƓŭ ğƓķ 5ĻǝĻƌƚƦƒĻƓƷ 5ĻƦğƩƷƒĻƓƷ
/źƷǤ ƚŅ \[ğ tƚƩƷĻͲ Ļǣğƭ
Board of Adjustment Meeting
November 10, 2016
Pfeiffer Landscaping Variance
Planning and Development Department
Staff Report
ISSUE
Should the Board of Adjustment approve the variance requested by Charles Pfeiffer on behalf of Lindsay
th
R. and Jennifer B. Pfeiffer for the property located at 202 ½ N. 16 St., legally described Block 686,
th
Lots 1-16&17-32 & Abandoned E ½ N. 14 St (case #16-930000014) which would allow the applicant
to forego installation of landscape planters within a newly constructed parking lot. This request is
contrary to the provisions of Section 106-800 (c)(1)(c), which requires a minimum ratio of one planter
for every ten parking spaces.
DISCUSSION
Applicant:
Charles Pfeiffer (Pfeiffer & Son, Ltd.)
:
The applicant is seeking approval of variance request #16-93000014. The variance would allow the
applicant to forego installation of landscape planters within a newly constructed parking lot.
Subject Site:
th
The subject lots make up a 2.4 acre tract of land generally 615 feet East of N. 16 St. along W. Polk St.
th
and is legally described as Block 686, Lots 1-16&17-32 & Abandoned E ½ N. 14 St. 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 Code of Ordinances 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.
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 site is currently zoned LI, Light Industrial. The subject site currently sits undeveloped. The following
table summarizes the surrounding zoning and land uses:
Board of Adjustment Meeting
November 10, 2016
Pfeiffer Landscaping Variance
Zoning Land Use
North LI, Light Industrial Unimproved Land
South LI, Light Industrial Unimproved Land
West LI, Light Industrial Industrial (Pfeiffer Parking Lot)
East LI, Light Industrial Unimproved Land
Applicable Code Provisions:
Section 106-800, speaks to required landscaping. The following is an excerpt from that section as
applicable to this variance request (see highlighted):
(c) Landscaping plans shall be developed using the following criteria:
(1) Location.
c. Parking lot requirements.
i. Parking lot with minimum 20 spaces shall provide a planter at the ratio of one for every
ten parking spaces.
ii. Planters (minimum 135 square feet) shall not abut on more than two sides of required
perimeter landscape area. Each required planter shall have one shade tree. Trees shall
be dispersed throughout the parking lot to maximize the shading effect on the parking
spaces. These trees are exclusive of trees planted around the perimeter of the parking
lot.
iii. The minimum size of parking lot trees shall be minimum two-inch caliper.
iv. The minimum height of parking lot trees shall be six feet.
Analysis:
The applicant is seeking approval of a variance that would allow the applicant to forego installation of
landscape planters within a newly constructed parking lot. The applicant has stated that they have no
requirements. They propose relocating the required parking lot trees to the perimeter of the new
parking lot. This will provide additional screening for the lot as well as some of the intended shading
benefits.
Code of Ordinances
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 Granting this variance would allow the applicant
contrary to the public interest to relocate and expand their parking, ultimately
Board of Adjustment Meeting
November 10, 2016
Pfeiffer Landscaping Variance
allowing for the business to grow. The applicant
intends to provide the full amount of required
landscaping, but would prefer it to be along the
perimeter of the lot.
The parking lot will only be utilized by staff and
th
will not be visible from 16 St.
b. That literal enforcement of this chapter will Parking lot planters are a key part of city
result in unnecessary hardship because of beautification and help reduce the heat island
exceptional narrowness, shallowness, shape, effect created by large impervious surfaces.
topography or other extraordinary or
As stated, the applicant is not requesting a
exceptional physical situation unique to the
reduction in the number of required trees, but is
specific piece of property in question.
requesting the variance to place them in a more
"Unnecessary hardship" shall mean physical
convenient location. This will still allow for a
hardship relating to the property itself as
number of trees to be added to the site but
distinguished from a hardship relating to
without disrupting the flow of cars and truck
convenience, financial considerations or
throughout the development.
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 The variance will allow an industrial development
chapter will be observed. to forego parking lot trees and instead, allow
them to plant them along the perimeter of the
lot. These will serve as not only shade trees, but
also will screen the lot from surrounding
properties. The requested variance will have little
to no negative impact on the surrounding
properties.
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
Exhibit B: Area map
AREA MAP
VARIANCE REQ. #16-93000014
65265165064996
68473
683
681682
LOCATION OF
PROPERTY
72
686685
688687
49
720
718719
717
48
723722721
724
1 inch = 200 feet
City of La Porte, Texas
Zoning Board of Adjustment
November 10, 2016
AGENDA ITEM
Consider approval of a Special Exception request
to expand a preexisting nonconforming use
th
on the property located at 201 N 18 St.,
legally described as Lots 17-32 -16, Block 691,
Town of La Porte Subdivision.
(Applicant: Mark Hutfless)
LğƓ /ƌƚǞĻƭͲ /źƷǤ tƌğƓƓĻƩ
tƌğƓƓźƓŭ ğƓķ 5ĻǝĻƌƚƦƒĻƓƷ 5ĻƦğƩƷƒĻƓƷ
/źƷǤ ƚŅ \[ğ tƚƩƷĻͲ Ļǣğƭ
Board of Adjustment Meeting
November 10, 2016
th
201 N. 18 St. Nonconforming Special Exception
Planning and Development Department
Staff Report
ISSUE
Should the Board of Adjustment approve the special exception request by Mark Hutfless to
th
expand a nonconforming use on the subject property located at 201 N. 18 St. (case #16-
94000001)?
DISCUSSION
Applicant:
Mark Hutfless
Property Owner:
Imerys
:
The applicant is seeking approval of special exception request #16-94000001, to allow for the
expansion of an existing building currently occupied by a nonconforming use. The building
th
located at 201 N. 18 St. is currently used for the manufacturing and production of food items
from a mineral base. The applicant is currently warehousing the majority of its finished product
offsite, and would like to construct a warehouse on site.
Subject Site:
The subject site is approximately 2.3 acres in size. It is located North of Spencer Highway,
th
between 16 St. and the Railroad tracts. The site is considered nonconforming as the use,
Nonmetalic Mineral Product Manufacturing, is not permitted in the LI zone. As a result, no
expansion of the existing use is permitted without the approval of a Special Exception. The
attached Exhibit B is an area map that shows the existing conditions of the site as well as the
surrounding area.
Notice of Public Hearing:
Section 106-194 of the Code of Ordinances stipulates the various requirements for public notice
of the public hearing. This special exception 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.
1
Board of Adjustment Meeting
November 10, 2016
th
201 N. 18 St. Nonconforming Special Exception
Additionally, in compliance with state law, notice of the public hearing was posted at City Hall
Background Information:
The site is currently zoned LI, Light Industrial, and contains an existing manufacturing facility.
The following table summarizes the surrounding zoning and land uses:
Zoning Land Use
bƚƩƷŷ Undeveloped
LI, Light Industrial
{ƚǒƷŷ BI, Business Industrial Industrial
ĻƭƷ Railroad Tracts/Undeveloped
LI, Light Industrial
9ğƭƷ Industrial
LI, Light Industrial
Applicable Code Provisions:
Section 106-191, stipulates the requirements for consideration of a special exception. The
following is an excerpt from that section as applicable to this request (see highlighted):
Sec. 106-191. - Special exceptions.
(a) Application for special exceptions. All applications for special exception to the terms of
this chapter shall be in writing and shall specify the facts involved, the relief desired, and the
grounds therefor. Each such application shall be filed, along with the appropriate fees, 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) Special exceptions to be reviewed; finding of facts. The term "special exception" shall
mean a deviation from the requirements of this chapter, specifically enumerated herein, which
shall be granted only in the following instances, and then only when the board finds that such
special exception will not adversely affect the value and use of adjacent or neighboring property
or be contrary to the best public interest:
(1) To reconstruct, enlarge or extend a building occupied by a nonconforming use on the lot
or tract occupied by such building, provided that the reconstruction, extension, or
enlargement does not prevent the return of the property to a conforming use.
(2) To deviate yard requirements in the following circumstances:
a. Any exception from the front yard requirements where the actual front yard
setback of any abutting lot does not meet the front yard requirement.
b. A rear yard exception where the actual rear yard setback of any four or more lots
in the same block does not meet the rear yard requirements of these regulations.
c. A yard exception on corner lots.
d. An exception where the existing front yard setbacks of the various lots in the
same block are not uniform, so that any one of the existing front yard setbacks shall,
for buildings hereafter constructed or extended, be the required minimum front yard
depth.
(3) To waive or reduce off-street parking and loading requirements when the board finds the
same are unnecessary for the proposed use of the building or structure for which the special
exception request applies.
2
Board of Adjustment Meeting
November 10, 2016
th
201 N. 18 St. Nonconforming Special Exception
(4) To deviate from the minimum lot size or width requirements for property within the large
lot district, where the board finds that all of the following conditions are shown:
a. That one or more lots located in the same block as the subject property are not
uniform in terms of shape and/or size so that any further subdivision of the subject
property cannot be in accordance with the regulations governing the district;
b. It can be demonstrated that the subdivision will not circumvent the spirit of the
district regulations, or particularly, the rural character of the district; and,
c. Granting the special exception will not be injurious to the value or enjoyment of
adjacent properties within the district.
(c) Hearings on applications for special exceptions. The board of adjustment shall fix a
reasonable time for the hearing of all applications for special exceptions, 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 106-194 (Notice of public hearings before the board of adjustments).
Upon the hearing any party may appear in person or by agent or by attorney.
Section 106-839 stipulates the amount of parking required for specific uses within the city. In
this case the code requires the following parking: 4 parking spaces plus 1 per 400 square feet of
office (or a total of 5 parking spaces in this case).
Analysis:
Section 106-191(b) indicates that a special exception request can only be approved if it will not
adversely affect the value and use of adjacent or neighboring property or be contrary to the
best public interest.
In this case, the addition of a warehouse to an existing industrial site does not pose a significant
impact to the surrounding area. The applicant has stated that they currently are warehousing
product off site. The addition of an onsite warehouse space could greatly reduce the number of
truck loads in and out of the property, ultimately decreasing the overall truck traffic in the area.
Staff concurs with the applicant that the proposed expansion on site will enable an existing
business, currently thriving in the City of La Porte, to continue their operations on the site. The
applicant has indicated that the warehouse expansion will not increase production at the site,
but makes economical sense for the company at this time.
Appeal Procedure:
Sec. 106-196. - 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
Exhibit B: Area map
3
AREA MAP
SPECIAL EXCEPTION. #16-94000001
655654653
657656
679680
678
676677
LOCATION OF
PROPERTY
692
693
691689
690
W POLK ST
713714715
712
716
T
W MAIN S
728
726725
1 inch = 200 feet
City of La Porte, Texas
Zoning Board of Adjustment
November 10, 2016
AGENDA ITEM
Consider approval of a Special Exception request
to expand a preexisting nonconforming use
th
on the property located at 801 N 16 St.,
legally described as TRS A & 1A, BLK 1 Nebraska Syndicate.
(Applicant: Wayne Vinson)
LğƓ /ƌƚǞĻƭͲ /źƷǤ tƌğƓƓĻƩ
tƌğƓƓźƓŭ ğƓķ 5ĻǝĻƌƚƦƒĻƓƷ 5ĻƦğƩƷƒĻƓƷ
/źƷǤ ƚŅ \[ğ tƚƩƷĻͲ Ļǣğƭ
Board of Adjustment Meeting
November 10, 2016
th
801 N. 16 St. Nonconforming Special Exception
Planning and Development Department
Staff Report
ISSUE
Should the Board of Adjustment approve the special exception request by Wayne Vinson to
th
expand a nonconforming use on the subject property located at 801 N. 16 St. (case #16-
94000002)?
DISCUSSION
Applicant:
Wayne Vinson
Property Owner:
Lhoist North America of Texas, Ltd.
:
The applicant is seeking approval of special exception request #16-94000002, to allow for the
th
expansion of an existing nonconforming use. The property located at 801 N. 16 St. is currently
used for Special Lime Slurry (SLS45) preparation, mixing, milling, and storage facility.
Subject Site:
th
The subject site is approximately 9.154 acres in size. It is located on the West side of 16 St.
North of W. Barbours Cut Blvd. The site is considered nonconforming as the use, Lime and
Gypsum Product Manufacturing, is not permitted in the LI zone. As a result, no expansion of the
existing use is permitted without the approval of a Special Exception. The attached Exhibit B is
an area map that shows the existing conditions of the site as well as the surrounding area.
Notice of Public Hearing:
Section 106-194 of the Code of Ordinances stipulates the various requirements for public notice
of the public hearing. This special exception 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
1
Board of Adjustment Meeting
November 10, 2016
th
801 N. 16 St. Nonconforming Special Exception
Background Information:
The site is currently zoned LI, Light Industrial, and contains an existing slurry preparation facility.
The following table summarizes the surrounding zoning and land uses:
Zoning Land Use
bƚƩƷŷ Undeveloped
HI, Heavy Industrial
{ƚǒƷŷ Industrial
LI, Light Industrial
ĻƭƷ Railroad Tracts/Undeveloped
LI, Light Industrial
9ğƭƷ Undeveloped
HI, Heavy Industrial
Applicable Code Provisions:
Section 106-191, stipulates the requirements for consideration of a special exception. The
following is an excerpt from that section as applicable to this request (see highlighted):
Sec. 106-191. - Special exceptions.
(a) Application for special exceptions. All applications for special exception to the terms of
this chapter shall be in writing and shall specify the facts involved, the relief desired, and the
grounds therefor. Each such application shall be filed, along with the appropriate fees, 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) Special exceptions to be reviewed; finding of facts. The term "special exception" shall
mean a deviation from the requirements of this chapter, specifically enumerated herein, which
shall be granted only in the following instances, and then only when the board finds that such
special exception will not adversely affect the value and use of adjacent or neighboring property
or be contrary to the best public interest:
(1) To reconstruct, enlarge or extend a building occupied by a nonconforming use on the lot
or tract occupied by such building, provided that the reconstruction, extension, or
enlargement does not prevent the return of the property to a conforming use.
(2) To deviate yard requirements in the following circumstances:
a. Any exception from the front yard requirements where the actual front yard
setback of any abutting lot does not meet the front yard requirement.
b. A rear yard exception where the actual rear yard setback of any four or more lots
in the same block does not meet the rear yard requirements of these regulations.
c. A yard exception on corner lots.
d. An exception where the existing front yard setbacks of the various lots in the
same block are not uniform, so that any one of the existing front yard setbacks shall,
for buildings hereafter constructed or extended, be the required minimum front yard
depth.
(3) To waive or reduce off-street parking and loading requirements when the board finds the
same are unnecessary for the proposed use of the building or structure for which the special
exception request applies.
(4) To deviate from the minimum lot size or width requirements for property within the large
lot district, where the board finds that all of the following conditions are shown:
2
Board of Adjustment Meeting
November 10, 2016
th
801 N. 16 St. Nonconforming Special Exception
a. That one or more lots located in the same block as the subject property are not
uniform in terms of shape and/or size so that any further subdivision of the subject
property cannot be in accordance with the regulations governing the district;
b. It can be demonstrated that the subdivision will not circumvent the spirit of the
district regulations, or particularly, the rural character of the district; and,
c. Granting the special exception will not be injurious to the value or enjoyment of
adjacent properties within the district.
(c) Hearings on applications for special exceptions. The board of adjustment shall fix a
reasonable time for the hearing of all applications for special exceptions, 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 106-194 (Notice of public hearings before the board of adjustments).
Upon the hearing any party may appear in person or by agent or by attorney.
Analysis:
Section 106-191(b) indicates that a special exception request can only be approved if it will not
adversely affect the value and use of adjacent or neighboring property or be contrary to the
best public interest.
In this case, the expansion of the existing slurry facilities will not have a major impact on the
adjacent property owners. The existing production area on site is contained within open ponds.
The applicant is proposing an expansion on site that will increase production. The proposed
expansion, contrary to the existing facilities, will be fully contained within enclosed structures,
protecting the adjacent properties from any potential impact regarding smell or noise.
Staff concurs with the applicant that the proposed expansion on site will enable an existing
business, currently thriving in the City of La Porte, to continue their operations on the site. The
property is surrounded by other industrially zoned property and will not be out of character.
Appeal Procedure:
Sec. 106-196. - 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
Exhibit B: Area map
3
AREA MAP
VARIANCE REQ. #16-94000002
19
18
17
14
15
16
LOCATION OF
PROPERTY
2
3
2
1
619
621620
616615614
618617
641642
640
647
644645646
643
652651650
657656655654653
1 inch = 400 feet