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HomeMy WebLinkAbout12-13-16 Regular Called Zoning Board of Adjustment MeetingF C City of La Porte Planning and Development Department u staibilslhcd 1157 . r�xn+� 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 Tuesday, December 13, 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: August 25, 2016. 4. 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 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 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 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 % N. 16th St., legally described as Block 686,Lots 1-16&17- 32 & Abandoned E % N. 141" 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. 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 ZBOA Agenda - December 13, 2016 Special Meeting Page 2 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 16-93000001, a request by Mark Hutfless for the tract of land located at 201 N. 18th Street, legally described as Lots 17-32 and the east 75' of Lots 1-16 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 9. 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 10. A public hearing to receive public input on Special Exception Request 16-94000003, a request by Charles Anders for the tract of land legally described as Lot 1 of Block 15 Sylvan Beach Subdivision. The applicant is seeking approval of a special exception that would allow his company to build a house with a side setback of 5' instead of the required 10' from street right-of-ways. a. Staff Presentation b. Applicant Presentation c. Public Comments d. Question and Answer 11. Administrative reports. 12. Board comments on matter appearing on the agenda or inquiry of staff regarding specific factual information or existing policy. 13. 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 Tuesday, December 13, 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 12016. 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 Board Members Present: Zoning Board of Adjustment Minutes of August 25, 2016 Rod Rothermel, Dennis Oian, Nettie Warren, Chester Pool, T.J. Walker and Doug Martin. Board Members Absent: Charles Schoppe City Staff Present: Assistant City Attorney Clark Askins, Planning Director Tim Tietjens, 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. Board members Oian, Warren, Pool, Walker, Martin and Chairman Rothermel were present for roll call. 3. Consider approval of meeting minutes: May 26, 2016. Motion by Chester Pool to approve the meeting minutes of the May 26, 2016 meeting. Second by Nettie Warren. Motion carried. Ayes: Rod Rothermel, T.J. Walker, Nettie Warren, Chester Pool, Doug Martin Nays: None 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 be placed 10' from the front property line, contrary to the provisions of Section 106-343(a) of the Code of Ordinances that requires a minimum front setback of 20' in a General Commercial zone. Chairman Rothermel opened the public hearing at 6:02 p.m. a. Staff Presentation Planning Technician Ryan Cramer presented staff's report on a variance request by Shane Klinkerman to allow for the construction of a new worship building set 10' back from the property line. Planning Technician Cramer said there was not enough room to build a building of this size where the applicant wants to without getting a setback variance. He also noted the building in the surrounding area were less than 20 feet back from the front property line. Planning Technician Cramer finished by bringing attention to the public responses received by the City. First, the sent in by the owner of Shaterra Properties at 410 E. Fairmont Parkway stating he was against the variance as it would reduce visibility to his strip center as well as visibility for those entering and exiting. The letter also stated that no hardship existed for the property to require a variance. Second, a letter sent by La Porte ISD in support of the variance b. Applicant Presentation Chairman Rothermel swore in the applicant Shane Klinkerman. The applicant echoed the sentiments from staff's presentation. c. Public Comments There were no public comments. Chairman Rothermel closed the public hearing at 6:07 PM. d. Question and Answer There was no question and answer Motion by Doug Martin to approve 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 be placed 10' from the front property line, contrary to the provisions of Section 106-343(a) of the Code of Ordinances that requires a minimum front setback of 20' in a General Commercial zone. Second by Chester Pool. Motion Carried. Ayes: Rod Rothermel, T.J. Walker, Nettie Warren, Chester Pool, Doug Martin 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 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: 1. A side setback of 5' for Lot 32, Block 107 and Lot 1, Block 108; contrary to the provisions of Section 106-333(a) of the Code of Ordinances that requires a minimum side setback of 20' for a town house/quad raplex project. 2. 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. 3. 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. 4. 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'. Chairman Rothermel opened the public hearing at 6:10. a. Staff Presentation Planning Technician Cramer presented staff's report for variance request 16-93000007. Planning Technician Cramer said the driveway regulations from the City made it impossible for a townhouse development to meet all of the proper setbacks. While on the other hand there was not a true hardship for going over density requirements or needing a side setback variance. Staff recommended use of architectural features to distinguish one townhome unit from the one it is connected to. b. Applicant Presentation Jon Skeele, Friendswood, Texas, was sworn in by Chairman Rothermel. The applicant noted the Northside, where his tracts are, is under developed and creating a higher dennity use is a good transition from the commercial uses on Broadway. Being adjacent to the City's Hike and Bike Trail to the north gives their development the buffer the code was pursuing when they wrote the section they are asking for a variance from. c. Public Comments There were no public comments. Chairman Rothermel closed the public hearing at 6:22 PM. d. Question and Answer Chester Pool asked how the City came up with its density requirement. Planning Technician Cramer indicated, as had been told to him, when the changes to Chapter 106 were being made, staff looked at the surrounding communities and used a number they thought was good. Nettie Warren noted she felt the project was a lot of development on such a small amount of land. Variance 1. Motion by Doug Martin to approve a side setback of 5' for Lot 32, Block 107 and Lot 1, Block 108; contrary to the provisions of Section 106-333(a) of the Code of Ordinances that requires a minimum side setback of 20' for a townhouse/quadraplex project. Second by Chester Pool. Motion Carried. Ayes: Rod Rothermel, T.J. Walker, Chester Pool, Doug Martin Nays: Nettie Warren Assistant City Attorney Clark Askins read from Section 106-196 of the Code of Ordinances: Appeals from the Board of Adjustment. Variance 2. Motion by Chester Pool to approve 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 town house/quad raplex projects. Second by Doug Martin. Motion Carried. Ayes: Rod Rothermel, T.J. Walker, Chester Pool, Doug Martin Nays: Nettie Warren Assistant City Attorney Clark Askins read from Section 106-196 of the Code of Ordinances: Appeals from the Board of Adjustment. Variance 3. Motion by Doug Martin to approve 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. Second by Chester Pool. Motion Carried. Ayes: Rod Rothermel, T.J. Walker, Chester Pool, Doug Martin Nays: Nettie Warren Assistant City Attorney Clark Askins read from Section 106-196 of the Code of Ordinances: Appeals from the Board of Adjustment. Variance 4. Motion by Chester Pool to approve 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'. Second by Doug Martin. Motion Carried. Ayes: Rod Rothermel, T.J. Walker, Chester Pool, Nettie Warren, Doug Martin Nays: Assistant City Attorney Clark Askins read from Section 106-196 of the Code of Ordinances: Appeals from the Board of Adjustment. 6. A public hearing 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. Chairman Rothermel opened the public hearing at 6:40 p.m. a. Staff Presentation Planning Technician Cramer gave staff's presentation for variance request 16-93000008. Planning Technician Cramer brought the Board's attention to the three response letter received by staff in regards to this variance from Fredrick Goines, Chris Rains and Robert Goebel, all in support of the variance. b. Applicant Presentation Robert Goebel gave the applicant presentation. He said he needed a larger garage because he did not have enough storage space. c. Public Comments There were no public comments. Chairman Rothermel closed the public hearing at 6:43 d. Question and Answer There were no questions. Motion by T.J. Walker to approve 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. Second by Nettie Warren. Motion Carried. Ayes: Rod Rothermel, T.J. Walker, Nettie Warren, Chester Pool, Doug Martin Nays: None Assistant City Attorney Clark Askins read from Section 106-196 of the Code of Ordinances: Appeals from the Board of Adjustment. 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. Chairman Rothermel opened the public hearing at 6:45 p.m. a. Staff Presentation Planning Technician Cramer gave staff's presentation for variance request 16-93000009. Planning Technician Cramer said there is an approved site plan on file that shows an automatic irrigation system. Chairman Rothermel asked why the code required an automatic irrigation system. City Planner Eric Ensey said in the latest round of Chapter 106 changes the Planning and Zoning Commission wanted to give some leeway to developers. b. Applicant Presentation Jeff Burkhalter, Natchez, MS, was sworn in by Chairman Rothermel. The applicant noted their hose system was in fact automatic and was within 50' of all vegetation. c. Public Comments Bill Campbell, Cypress, TX, was sworn in by Chairman Rothermel. He said the landscaping was drought tolerant. Chairman Rothermel closed the public hearing at 6:56 p.m. d. Question and Answer There were no questions. Motion by Chester Pool to approve 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. Second by Nettie Warren. Motion Carried. Ayes: Rod Rothermel, T.J. Walker, Nettie Warren, Chester Pool, Doug Martin Nays: None Assistant City Attorney Clark Askins read from Section 106-196 of the Code of Ordinances: Appeals from the Board of Adjustment. 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. Chairman Rothermel opened the public hearing at 7:01 p.m. a. Staff Presentation Planning Technician Cramer gave staff's report for variance request 16-93000010. After his presentation Planning Technician Cramer brought the Board's attention to the three response letter received by the City. Two, from Virginia Groda and Edgar Reed were in favor while one from Jacqueline Fowler was in opposition. b. Applicant Presentation Richard Sparks, La Porte, TX, was sworn in by Chairman Rothermel. He said he needed the extra room to fit his RV. c. Public Comments There were no public comments. Chairman Rothermel closed the public hearing at 7:06 p.m. d. Question and Answer Chairman Rothermel said he would like to see the two storage sheds moved off the property and have that be made as a condition of approval. The applicant asked if he would be able to keep one of the sheds and the Board agreed. Motion by Chester Pool to approve 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. With the condition one of the two sheds currently on the property be removed. Second by Doug Martin. Motion Carried. Ayes: Rod Rothermel, T.J. Walker, Nettie Warren, Chester Pool, Doug Martin Nays: None Assistant City Attorney Clark Askins read from Section 106-196 of the Code of Ordinances: Appeals from the Board of Adjustment. 9. Administrative Reports Planning Technician Cramer noted every day is a great day in the City of La Porte. 10. Board comments on matters appearing on the agenda or inquiry of staff regarding specific factual information or existing policy. There were no Board comments. 11. Adjourn Motion by Doug Martin to adjourn. Second by T.J. Walker. Motion Carried. Ayes: Rod Rothermel, T.J. Walker, Nettie Warren, Chester Pool, Doug Martin Nays: None Chairman Rothermel adjourned the meeting at 7:11 p.m. Respectfully submitted, Ryan Cramer Secretary, Zoning Board of Adjustment Passed and Approved on Rod Rothermel Chairman, Zoning Board of Adjustment , 2016. City of La Porte, Texas Zoning Board of Adjustment December 13, 2016 AGENDA ITEM 4 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) Ryan Cramer, Planning Technician Planning and Development Department City of La Porte, Texas Board of Adjustment Meeting December 13, 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) Applicant's Request: 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 106-194 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 City's website at least ten days prior to the date of the public hearing. Board of Adjustment Meeting December 13, 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 icable 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. Section 106-192 of the Code of Ordinances states that the term "variance" represents a deviation from 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's analysis of those criteria: 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 December 13, 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 is required to be set 20' back from the front 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 further than 20', which could create some 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 "unnecessary hardship" as the building is only distinguished from a hardship relating to required to be setback 20' and there is nothing 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 The intent of the City's nonconforming provisions 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: 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, and a conceptual site plan with sign elevations Exhibit B: Area map Planning and Development Department 604 West Fairmont Parkway La Porte, Texas 77571 281-470-5057 OVERVIEW A Variance is required for any deviation from the requirements of the city's Zoning Ordinance as outlined in Section 106-192 of the City of La Porte's Code of Ordinances. A Variance is only granted when strict conformity to the provisions of the code would cause an unnecessary hardship because of the circumstances unique to, the property on which the variance is granted. Variance requests are reviewed by the Zoning Board of Adjustment (ZBOA) after a public hearing. The ZBOA consists of residents of the community appointed by City Council. The ZBOA meets on the fourth Thursday of every month, as necessary. SUBMITTAL REQUIREMENTS The following appllication package must be submitted to the Planning and Development Department at Ileast three (3) weeks prior to the desired hearing date. 0/completed application form. 0/'Application fee of $150; nonrefundable. Site plan or plot plan, drawn to scale and dimensioned to show the location of the proposed Variance. U/p/roject description/justification letter that thoroughly explains what is being requested and why such Variance should be approved by the ZBOA. M/Affidavit of posting fully executed that ensures the applicant will post the required public hearing sign on the property for at least 10 days prior to the meeting date. Such, sign will be provided by the Planning and Development Department, PROCESS Upon receipt of a complete application package by the Planning and Development Department, the Variance request will be scheduled for the next available ZBOA meeting date. The Planning and Development Department will!, provide a Notice of Public Hearing sign to the applicant that must be posted on the property where the, Special Exception is being requested. The sign must be posted on the property visible and within 20 feet from the abutting street for a minimum of 10 days before the scheduled public hearing. The Planning and Development Department will publlish notice of the public hearing in the Bay Area Observer and at City Hall in conformance with legal requirements. Additionally the city will send notice of the public hearing to all property owners within 200 feet of the subject property where the variance is being requested. The ZBOA meeting will be held in the City Council Chamber at City Hall (604 W. Fairmont Parkway), At the meeting, the ZBOA will conduct the public hearing and provide a ruling on the Variance request. Variance Application Planning and Development Department PR ... ....... 2602 WP . Main - Laorte, TX 77571 Legal description where Variance is being requested HCAD Parcel Number where variance is being reque Zoning Lots 21-30 & TICS 1-10&12-20-Blk 707 & Aband Alley & TR A 0240830070001 Lot area: M A VoriancereqUest is hereby roade to the Board of Adjustment of the City of La Porte. Description of Request!, We are requesting a variance for the Maximum .Allowable Sign Face Square footage and due to the extended Setback of the building, which causes a visibility pi-oblern for this location. Attached hereto is a complete listing of the reason(s) why such variance should be granted. TJ N OVV N Name: Wolfgang Dorninique, Inc. ------ Company (if applicable):_ Address. 7529 Bayway Dr. City,Baytown Phone: Marne; George D. Lowery Company (if applicable): Sparkle Sign, Inc Address: 7938 Wright Rd. City: Houston Phone: 832) 276-4284 State: TX Email: 71p 77520-1309 State- TX zip: 77041 Email, gloWe"Y@sparIKIesign.com — C I hereby depose and State under the penalties of perjury that all statorrit,,nts, proposals and/or plans submitted with/or contained in this application are true and correct and the application is complete to the best of my knowledge and beliof. Agent's Signature: owner(s)' Signature(s):- �jTAFF U�E ONLY. Case Number: Date: Date Application Received: f Variance Application Planning and Development Department REASON(S) FOR VARIANCE REQUEST We need the Variance for the size of the Sign Face Allowance, due to the previous design and branding of all of our Restaurant locations throughout the Houston area. If we cannot have our Pre -Designed Branding, it will adversely affect our operations, since this is our "Branding Design" for Restaurant recognition, just like McDonald's, Burger King other restaurant chains. Due to the layout of'the land, we had to locate the building at an extended Setback from the street; therefore, we need the visibility of the sign for ID recognitions. 4. Variance Application . . . . . . . . . . . . . . . . . AFFIDAVIT OF PO$TING STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE The undersigned hereby duly swears on oath and says: 1. A public hearing sign was provided to me by the City of La Porte's Planning and Development Department. I hereby attest that said sign will be posted on the following described property, which is subject to the application: ADDRESS: 2&19r ffi—awl- LEGAL DESCRIPTIOM of ai-3v tw L-uqyz22i?-8zk 2. In accordance with the provisions of Section 106-194 of the city's Code of Ordinances, I hereby attest that said sign, will be posted on the described property for no less than ten (10) days prior to the scheduled public hearing; starting at least on the following date: �ea? 3. Said sign shall be placed on the property within 20 feet of the abutting street. 4. Said sign shall remain legible and visible for the entire ten (10) day posting period. If sign is damaged or missing, I hereby attest that I will contact the City of La Porte for a replaceme sign Applicant'' Siyna`iure U Crebrtpe b- IS Applicad's Printed Name q Subscribed and sworn before me this day of by i>, (Print Applicant's N!a>e)-1 A P A Notary tupfic (Seal) JOE M11 My commission e. 777 W Expires ires W, I R W-' 174, 71 0, V A OF \ I V") tAFEXICAN RESTAURA�,,IT TO: City of LaPorte, Texas ATTN: Zoning Board of Adjustments DATE: Sep 1, 2016 Ref- Variance Application for El Toro Mexican Restaurant Signage NZI]QUINUM LaPorte, Texas 77571 SUBJ: Letter of Justification TO WHOM IT MAY CONCERN: We are requesting a Variance from the Sign Ordinance, in reference to the Allowable Size of a Free Standing Ground Sign, in the area of our Property. The purpose is because our Signage has been developed as our Branding, such as McDonald's, Burger King and other Restaurants. We have designed this Sign specifically for recognition of our restaurants, and we have installed it at all of our other locations, in different municipalities around. the Houston area. We would appreciate your careful consideration of our request, since our desire is to make this Restaurant, one that the City of LaPorte can be proud of, as we becorne a Landmark in the community. Thank you for your time & consideration. Sincerely, Roland Ybearra President 7529 BAYWAY DRIVE BAYTOWN, TEXAS 775201 R 281,838.3709 F: 281.838.3879 WWW.ELTOROTEXM,EX.COM PROVIIDE AIND IN Wa I ONE(l) NEW PYLO IN SIGN GN MrIfl NEW CABIINErS AND NEON EXII)SED SCOPE OF WORK: PROVIDE & INSTALL NEW CABINETS SIGNS WITH GRAPHICS AND NEON EXPOSED AS SHOWN: WITH DOUBLE SIDED FULL COLOR LED DISPLAY, OR RE7 MAND (0301EINT gin r0r, CARMIEt-ALLALUMINUM DOUBLE FACED, WITH "ETURNS AND INNER BORDER PAINTED RED TO BATCH MATTHEWS #23966. 4SIDE DIAMOND TO BEYELLOW 429464 WITH BLACK ULL IN VINYL OR PAINT, BE CALL OUTS FOR NEON EXPOSED COLORS F:CONLD !' [,N SEC TBON - ALL ALUMINUM DOUBLE ACED CABINET WITH BLACK FACES AND RETURNS. LL GRAPHICS WILL BE IN VINYL FILM WITH OUTLINE EON EXPOSED. HRD SIGN SE-:C:'Y'MIN - ALL ALUMINUM DOUBLE ICED CABINET FACES AND RETURNS. PAINTED REEN AND RED. SEE COLOR SCHEDULE. LL GRAPHICS WILL BE IN FILM WITH OUTLINE NEON (POSED. IIJ BLL SVDED PULL COLOR RGB L.ED DISPLAY: EWAREA: W-21/ "" 1px IV'5 °✓a"W ATRIX: 128x.120, 10MM PIXEL 0NET SIZE:4`-61/2" IHx JW-101/4' W IBINEFTO BE PAINTED COLOR BLACK PE & CONCRETE FOOTING TO BE DESIGNED BY ENGINEER EGISTERED IN THE STATE OFTEXAS AND FAMILIAR WITH ICAL BUILDING CODES AND SIGN ORDINANCES. VINYLSCHEDULE 3MTOMATO RED 7725-13 ® 3M BLACK 7725-12 ❑ 3M BRIGHTYELLOW 7725-15 3M WHITE 7725-10 PAINTSCHEDULE RED TO MATCH MATTHEWS 23966 ❑ YELLOW TO MATCH MATTHEWS 29464 GREEN TO MATCH MATFHEWS #26749 ® SATIN BLACK I a '> � z w � VOLE—v- j HouF I.A. I�. HBtti n _. OB/ow 30/16 © COPYRIGHT 2016 1 zo11mv— SPARKLE SIGN CO., INC. SHEELA.2 06/201I6 2016 MV IPXX SHEET A.3 AREA MAP VARIANCE REQ. # 16-93000011 City of La Porte, Texas Zoning Board of Adjustment December 13, 2016 AGENDA ITEM 5 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) Ryan Cramer, Planning Technician Planning and Development Department City of La Porte, Texas Board of Adjustment Meeting December 13, 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 have a reduced setback less than 25' to ensure the existing building on the western lot is in compliance. This is contrary to Section 106-333 (a), which requires single family detached housing to have a minimum front setback of 25'. DISCUSSION Applicant: Donna Eckels Applicant's Request: 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 "E" and South 3rd 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 106-194 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 December 13, 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 City's website at least ten days prior to the date of the public hearing. Background Information: The site is currently zoned R-1, Low -Density Residential. The subject site has two existing residential structures on site. The following table summarizes the surrounding zoning and land uses: Zoning Land Use " North R-1, Low -Density Residential Residential (518 S. 3rd St.) South R-1, Low -Density Residential Residential (606 S. 3rd St.) West R-1, Low -Density Residential Residential (601 S. 4t" St.) East R-1, Low -Density Residential Residential (601 S. 3rd St.) icable 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 than 25'. Section 106-192 of the Code of Ordinances states that the term "variance" represents a deviation from 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's analysis of those criteria: 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 December 13, 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 intent of the City's nonconforming provisions 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: 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 \ ;< &I ® ~ \\ w j) q )} � ° ¥ E \ ° S - \ ° _ # ) \ / \ �w »4 c z\(( f z: o z \\\(\ }\\) ' Variance Application _. { Plaeanirag and Davelapmenz Department PROJECT iNFORMATION Address where Variance is being requested:402 WEST E STREET Legal description where Variance is being requested: LOTS 30, 31 & 32, BLOCK 129 TOWN OF LA PORTE NCAD Parcel Number where variance is being requas[ad: 0232300290030 Zoning District: R - 1 Lot area. 9375 S F A Voriunce, request is hereby made to the Board o/Adlustmenraf the City of to Porre. Description of Request: VARIANCE FROM MINIMUM LOT SIZR OF 8000 SF AND A VARIANCE FROM 25' SETBACKS AT THE FRONT OF THE PROPERTY Attached hereto is a complete listing of the reasons) why such Variance sroald be granted. PROPERTY OWNERS) WFORMATdOti Name: DAVID DE LA GARZA CamPnY if applicable): BAY POINT REAL ESTATE GROUP LLC Address: 5014 Pi OAK OR City: PASADENA state TEXAS zip:77505- 3123 Phase: 832-457-2275 Emil: t3pregllc@9mail.00m AUTHORIZED AGENT (If other than owneaj Name: DONNA ECKELS company (1f agnalh able); PRO-SURV SURVEYING AND MAPPING Address: PO BOX 1366 City;FRIENDSWWOD State.TEJAS zi,:775",9 Phcne: 281-996-1113 Email: orders@prosurV.net OtJti NERJS) & AUNT CERTIFICATION 1 hereby depose and slate a the penalties ai penury th [ al atements, proposals and/or planssubmitted with/O(CGntalned in this application are true a rrect and the applicati co I e to [ best of my knowledge and belief. Agent's Slgna[ure: Do1e ,.,. tlwaer(s)' Signature(sl � � Dale: STAFF USFONLY: Date Application Received: Case lVum6er: Variance Application Planning and Development Department REASON(S) FOR VARIANCE REQUEST 1 WE ARE REQUESTING A VARIANCE FROM MINIMUM LOT SIZE TO REPLAT STATED PROPERTY WHICH HAS 2 EXISTING RESIDENCES. 2 WE ARE REQUESTING A VARIANCE FROM 25' SETBACK AT FRONT OF PROPERTY DUE TO 2 EXISITING RESIDENCES 3. 4. 5. 9/1/2016 City of La Porte Variance Board 604 W Fairmont Parkway La Porte, TX 77571 Re: 402 West E Street Dear Board Members Please accept this letter as a request for a variance from Minimum Lot Size and from 25' Setback on Front Property. Current Property conditions has 2 Existing homes built on 3, 25' lots. Granting these variances will allow for the replat of this property to create 2 individual lots to allow each residence to have its own identity. I feel the integrity of the neighborhood or the Zoning Ordinance will not be impacted by the granting of the variance and the replat can enhance the Neighborhood. Sincerely, Donna Eckels PRO-SURV Surveying and Mapping P.O. Box 1366 Friendswood, TX 77549 281-996-1113 donna@prosurv.net Variance Application Planning and Development Department The undersigned hereby duly swears on oath and says: 1. A public hearing sign was provided to me by the City of La Porte's Planning and Development Department. I hereby attest that said sign will be posted on the following described property, which is subject to the application: ADDRESS: 402 WEST E STREET LEGAL DESCRIPTION: LOTS 30,31 & 32, BLOCK 12 TOWN OF LA PORTE 2. In accordance with the provisions of Section 106-194 of the city's Code of Ordinances, I hereby attest that said sign will be posted on the described property for no less than ten (10) days prior to the scheduled public hearing, starting at least on the following date: SEPTEMBER 12, 2016 3. Said sign shall be placed on the property within 20 feet of the abutting street. 4. Said sign shall remain legible and visible for the entire ten (10) day posting period. If sign is damaged or missing, I hereby attest that I will contact the City of La Porte for a replacement sign. Subscribed and sworn before me this Applicant's Signature Applicant's Printed Name day of by (Print Applicant's Name). Notary Public (Seal) My commission expires: AREA MAP VARIANCE REQ. #16-93000012 City of La Porte, Texas Zoning Board of Adjustment December 13, 2016 AGENDA ITEM 6 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) Ryan Cramer, Planning Technician Planning and Development Department City of La Porte, Texas Board of Adjustment Meeting December 13, 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) Applicant's Request: 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: The subject lots make up a 6,250 square foot tract of land generally at the northeast corner of the S. 3ra 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 106-194 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 City's 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 is developed with an existing commercial structure and sign pole. The following table summarizes the surrounding zoning and land uses: Board of Adjustment Meeting December 13, 2016 New Orleans Seafood Sign Variance Zoning Land Use North MSD, Main Street District Commercial (116 N. 3r1 St.) South MSDO, Main Street District Overlay Commercial (321 W. Main St.) West MSDO, Main Street District Overlay Park Like Lot (402 W. Main St.) East MSDO, Main Street District Overlay Commercial (318 W. Main St.) 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) MS district and overlay. 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 rip„ kn,i.....L..i;,P„6 878(16)(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. Section 106-192 of the Code of Ordinances states that the term "variance" represents a deviation from the literal interpretation of the code approved by the Board subject to the fact that enforcement of the Board of Adjustment Meeting December 13, 2016 New Orleans Seafood Sign Variance 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's analysis of those criteria: Criterion: I Staff Finding: a. That the granting of the variance will not be contrary to the public interest b. That literal enforcement of this chapter will result in unnecessary hardship because of exceptional narrowness, shallowness, shape, topography or other extraordinary or exceptional physical situation unique to the specific piece of property in question. "Unnecessary hardship" shall mean physical hardship relating to the property itself as distinguished from a hardship relating to convenience, financial considerations or caprice, and the hardship must not result from the applicant or property owner's own actions. Granting this variance would allow the applicant 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. There is an existing sign pole designed to hold a sign of this height and size, not one that meets City standards. c. That by granting the variance, the spirit of this The intent of the City's nonconforming provisions 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 fit within the City's vision for Main Street 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 December 13, 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 Porte'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-1930's appearance. 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 with sign elevations Exhibit B: Area map Variance Application Planning and Development Department 604 West Fairmont Parkway La Porte, Texas 77571 281-470-5057 OVERVIEW A Variance is required for any deviation from the requirements of the city's Zoning Ordinance as outlined in Section 106-192 of the City of La Porte's Code of Ordinances. A Variance is only granted when strict conformity to the provisions of the code would cause an unnecessary hardship because of the circumstances unique to the property on which the variance is granted. Variance requests are reviewed by the Zoning Board of Adjustment (ZBOA) after a public hearing. The ZBOA consists of residents of the community appointed by City Council. The ZBOA meets on the fourth Thursday of every month, as necessary. SUBMITTAL REQUIREMENTS The following application package must be submitted to the Planning and Development Department at least three (3) weeks prior to the desired hearing date. ® Completed application form. ® Application fee of $150; nonrefundable. ® Site plan or plot plan, drawn to scale and dimensioned to show the location of the proposed Variance. ® Project description/justification letter that thoroughly explains what is being requested and why such Variance should be approved by the ZBOA. ® Affidavit of posting fully executed that ensures the applicant will post the required public hearing sign on the property for at least 10 days prior to the meeting date. Such sign will be provided by the Planning and Development Department. PROCESS ➢ Upon receipt of a complete application package by the Planning and Development Department, the Variance request will be scheduled for the next available ZBOA meeting date. ➢ The Planning and Development Department will provide a Notice of Public Hearing sign to the applicant that must be posted on the property where the Special Exception is being requested. The sign must be posted on the property visible and within 20 feet from the abutting street for a minimum of 10 days before the scheduled public hearing. ➢ The Planning and Development Department will publish notice of the public hearing in the Bay Area Observer and at City Hall in conformance with legal requirements. Additionally the city will send notice of the public hearing to all property owners within 200 feet of the subject property where the variance is being requested. ➢ The ZBOA meeting will be held in the City Council Chamber at City Hall (604 W. Fairmont Parkway). At the meeting, the ZBOA will conduct the public hearing and provide a ruling on the Variance request. 0 Variance Application Planning and Development Department ➢ In order for the ZBOA to approve a Variance, it must find all of the following criteria have been met: 1. Granting the variance will not be contrary to the public interest. 2. Enforcing the code provision will result in an unnecessary hardship due to the following situations that are unique to the property: irregularity associated with the size or shape of the lot, unique topography or some other unique physical situation associated with the property. An unnecessary hardship does not relate to convenience, financial consideration, or the applicant's own actions. 1 Granting the variance will be consistent with the spirit of the city's Zoning Ordinance. ➢ If the ZBOA approves the Variance request, then the applicant will have 90 days from the date of the meeting to obtain any necessary building permits for construction. If the ZBOA denies the Variance request, then the applicant may file a petition to the court in accordance with Section 106-196 of the City of La Porte's Code of Ordinances. ➢ The following is an excerpt from the City of La Porte's Code of Ordinances pertaining to Variance requests. s CODEr'REQUIREMENTS Sec. 106-192. - Variance. (a) Application for variances. All applications for a variance from the terms of this chapter shall be in writing and shall specify the facts involved, the relief desired, and the grounds thereof. Each such application shall be filed with the enforcement officer who after investigation shall transmit such application together with his report to the board of adjustment within ten days after the filing of the application with the enforcement officer. (b) Findings of fact/definition of hardship. (1) The term "variance" shall mean a deviation from the literal provisions of this chapter which is granted by the board when strict conformity to this chapter would cause an unnecessary hardship because of the circumstances unique to the property on which the variance is granted. (2) Except as otherwise prohibited, the board is empowered to authorize a variance from a requirement of this chapter when the board finds that all of the following conditions have been met: a. That the granting of the variance will not be contrary to the public interest; b. That literal enforcement of this chapter will result in unnecessary hardship because of exceptional narrowness, shallowness, shape, topography or other extraordinary or exceptional physical situation unique to the specific piece of property in question. "Unnecessary hardship" shall mean physical hardship relating to the property itself as distinguished from a hardship relating to convenience, financial considerations or caprice, and the hardship must not result from the applicant or property owner's own actions; and c. That by granting the variance, the spirit of this chapter will be observed. (3) The applicant shall have the burden of proving to the board that the foregoing conditions have been met. (c) Use variance prohibited. No variance shall be granted to permit a use in a zoning district in which that use is prohibited. (d) Hearings on applications for variances. The board of adjustment shall fix a reasonable time for the hearing of all applications for variances, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time, as specified in secticr 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. Variance Application Planning and Development Department STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE The undersigned hereby duly swears on oath and says: 1. A public hearing sign was provided to me by the City of La Porte's Planning and Development Department. I hereby attest that said sign will be posted on the following described property, which is subject to the application: FF ��,, ie9ii ADDRESS: - `"5 lNQ�Yi ��L�iE f �TX -AM LEGAL DESCRIPTION: 2. In accordance with the provisions of Section 106-194 of the city's Code of Ordinances, I hereby attest that said sign will be posted on the described property for no less than ten (10) days prior to the scheduled public hearing; starting at least on the following date: 3. Said sign shall be placed on the property within 20 feet of the abutting street. 4. Said sign shall remain legible and visible for the entire ten (10) day posting period. If sign is damaged or missing, I hereby attest that I will contact the City of La Porte for a replacement sign. Applicant's Signature Applicant's Printed Name Subscribed and sworn before me this day of (Print Applicant's Name). Notary Public (Seal) My commission expires: by A Variance Application Planning and Development Department PROJECT INFORMATION Address where Variance is being requested Legal description where Variance is being HCAD Parcel Number where Variance is being requested: �oC �) `i 1 t n Zoning District: ac Lot area: 1, i`�.{` �iY(el[K- A Variance request is hereby made to the Board of Adjustment of the City of La Porte. , (� Clescription of Request: r1`1 exy �X 1 !- "� K A&+ S�7" � Ol 4 � /7 Attached hereto is a complete listing of the reason(s) why such Variance should be granted. PROPERTY OVMIIUER.{S) INFORMATION Name: - Company (if applicable): Address: City: Q� State: �� Zip: Phone g Q - (DEmail: City: State:-- Phone: VS .�5 Email:_C-Y-a� OWNERS) :& AGENT CERTIFICATION I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with/or contained in this application are true and correct and the application is complete to the best of my knowledge and belief. Agent's Signature: , �6�er��� a� tPE�+4�(P�' 2 owner(s)' Signatu STAFF USE ONLY: Case Number: Date: q / -1 Date: 6 1 b Date Application Received: Variance Application Planning and Development Department .. .... REASONS) FOR VAMANCE REQUE57 U_ X w LU m - U Ln 0 Z: 0 't Ecn 41 U) N 9 Il LU rr_ rn uj w z < r4 __j M W M LU N Ln Z M LICII 11 "W""WIlMly WIM, �­l . . . . ...... x W,,, AREA MAP VARIANCE #16-93000013 City of La Porte, Texas Zoning Board of Adjustment December 13, 2016 AGENDA ITEM 7 Consider approval of a Variance to allow owner to forego installation of planters in a parking area for the property located at 202 % N. 161h St., legally described as Block 686, Lots 1-16&17-32 & Abandoned E % N. 141h St. (Applicant: Charles Pfeiffer) Ian Clowes, City Planner Planning and Development Department City of La Porte, Texas Board of Adjustment Meeting December 13, 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 R. and Jennifer B. Pfeiffer for the property located at 202 % N. 161h St., legally described Block 686, Lots 1-16&17-32 & Abandoned E % N. 14th 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.) Applicant's Request: 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: The subject lots make up a 2.4 acre tract of land generally 615 feet East of N. 161h St. along W. Polk St. and is legally described as Block 686, Lots 1-16&17-32 & Abandoned E % N. 14th St. The attached Exhibit B is an area map that shows the location of the property in question. Notice of Public Hearing: Section 106-194 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 City's 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 December 13, 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 icable 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. Parking lot with minimum 20 spaces shall provide a planter at the ratio of one for every ten parking spaces. 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 issue with the quantity and type of landscape being required, and want to comply with the city's 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. Section 106-192 of the Code of Ordinances states that the term "variance" represents a deviation from 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's analysis of those criteria: 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 allowing for the business to grow. The applicant intends to provide the full amount of required Board of Adjustment Meeting December 13, 2016 Pfeiffer Landscaping Variance landscaping, but would prefer it to be along the perimeter of the lot. The parking lot will only be utilized by staff and will not be visible from 16t" 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 trucks 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: 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 Variance Application Planning and Development Department PROJECT INFORMATION Address where Variance is being requested: 202 112 N. 16th St. Legal description where Variance is being requested: Block 686, Lots 1-16&17-32, Abandoned E 1/2 N. 14th St. HCAD Parcel Number where Variance is being requested: 024-079-086-0001 Zoning District: Light Industrial (LI) Lot area: 106,400 sf (266' x 400') A Variance request is hereby made to the Board of Adjustment of the City of Lo Porte. Description of Request: This variance request is to allow Owner to forego installation of planters in the parking area as required by Section 106-800(c)(1). All required landscaping would be relocated to the periphery of the property, maintaining the quantity required by the City standard. Existing trees would be retained in place. Attached hereto is a complete listing of the reason(s) why such Variance should be granted. PROPERTY OWNERS) INFORMATION Name: Lindsay R. and Jennifer B. Pfeiffer Company (if applicable): Address:723 Bayridge Rd. City: Morgan's Point state: Texas Zip: 77571 Phone: (281) 471-2750 Email: Lin@pfelfferandson.com AUTHORIZED AGENT (if other than owner) Name: Charles Pfeiffer Company (if applicable): Pfeiffer & Son, Ltd. Address:116 N. 16th St. City: La Porte Phone: (281) 471-4222 State: Texas Email: charlie@pfeifferandson.com OWNER(S) & AGENT CERTIFICATION Zip: 77571 I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with/or contained in this application are true_knd correct and the applicatQp ipFomplete to the best of my knowledge and belief. Agent's Owner(s)' STAFF USE ONLY. Case Number: Date: 10/2412016 Date:10/24/2016 Date Application Received: AN") F Variance Application Planning and Development Department REASON(S) FOR VARIANCE REQUEST Pfeiffer & Son, Ltd. is a family owned electrical contracting company that has been in La Porte since 1962. We are continuing to grow and are looking to expand our operations. We currently have 160 employees (120 on -site, 40 off -site) and are looking to make specific improvements in the next several years to our existing facilities. These improvements include repairs and replacement of existing parking and lay -down facilities, maintenance shop upgrades, fleet vehicle and equipment storage improvements, etc. The first step toward these improvements is to provide enough room that we can move parking and lay down to empty space. The new room afforded by the expansion on Block 686 will allow us to move all employee parking from the southern half of Block 687. We will make improvements to the failing asphalt on this half, and then relocate all material in the lay down area from the northern half of Block 687. Once the materials have been relocated from this northern half, we plan on improving the surface. We also anticipate repairing pavement failures on Block 688 at this time. During this improvement and repair process, we expect to have multiple occasions where we will be required to relocate materials such as high mast poles, large pull boxes, switchgear, transformers, etc. Placing the planters with trees in the middle of the parking lot will obstruct our ability to easily move these materials during the transition and on an ongoing basis. We have no issue with the quantity or type of landscaping required, and want to comply with the City's requirements for beautification. Our request is to simply allow us to relocate the landscaping from planters within the lot to a landscaping strip along the periphery. This will provide flexibility inside the parking lot, and will screen the parking and any material storage from visibility. This parking area is for employees only, and will not be accessible to the public. This arrangement is typical for the businesses in the area, and will not be an eyesore or reflect poorly on the City. AREA MAP VARIANCE REQ. #16-93000014 City of La Porte, Texas Zoning Board of Adjustment December 13, 2016 AGENDA ITEM 8 Consider approval of a Special Exception request to expand a preexisting nonconforming use on the property located at 201 N 18t" St., legally described as Lots 17-32 and East 75' of lots 1-16, Block 691, Town of La Porte Subdivision. (Applicant: Mark Hutfless) Ian Clowes, City Planner Planning and Development Department City of La Porte, Texas �0,)1' 0 0 /`,r W_,t'11eI'it r/1evtlI'I;�' /0,I. N I%;' St I )0I'IC01'I�0YY1"1lI'I;` SI'irvr,IrJl I XC,e"TtI01' Planning and Development Department Staff Report ISSUE Should the Board of Adjustment approve the special exception request by Mark Hutfless to expand a nonconforming use on the subject property located at 201 N. 181" St. (case #16- 94000001)? DISCUSSION Applicant: Mark Hutfless Property Owner: Imerys Applicant's Request: The applicant is seeking approval of special exception request #16-94000001, to allow for the expansion of an existing nonconforming use. The building located at 201 N. 181" St. is currently used for the manufacturing and production of non -hazardous materials. The applicant is currently warehousing the majority of its finished product offsite, and would like to construct a warehouse on site, allowing for the entire operation to be located on one site. Subject Site: The subject site is approximately 2.3 acres in size. It is located North of Spencer Highway, between 161" 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. 0 A sign was posted on the site ten days prior to the hearing date. �0,)1' 0 0 /`,0JW_,t111eI'it r/1evtlI'I;�' /0,I. r) I%;' St r)0I'iC01'i�0YY1"1lI'i;`S"")er,IrJl I XC,e"")t01" Additionally, in compliance with state law, notice of the public hearing was posted at City Hall and on the City's website at least ten days prior to the date of the public hearing. 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 North LI, Light Industrial Undeveloped South BI, Business Industrial Industrial West LI, Light Industrial Railroad Tracts/Undeveloped East LI, Light Industrial Industrial licable 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 forspecial 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. 0,)1' 0 0 /`,0JW-,t'11eI'it r/1evtlI'I;�' /0,I.N I%;' St I)0I'IC01'II0YY1"1II'I;`S"")er,IrJlIXC,e"")t01" (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 ���sf � i(r�� ,1(�i�bmm),94 (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 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 Special Exception Application Planning and Development Department PROJECT INFORMATION II � Address where Special Exception is being requested: zD /��1 j� L/_©'7?�, j Legal description where Special Exception is being requested: /oT- 17`32- 109 HCAD Parcel Number where Special Exception is being requested:_.08 D - C9 k - C)CO, 1 V ISlOIJ I Zoning District: Z- :r_ Lot area: qq 3(oo_- A Special Exception request is hereby made to the Board of Adjustment of the City of La Porte. ,�! r Description of Request: '�O &(AVA1"G i ��� �bS ��j�C-� ` `� [7� al-6�il-�• SI Attached hereto is a complete listing of the reason(s) why such Special Exception should be granted. PROPERTY: OWNERS) INFORMATION Name: 0 \NA eq?-qS Company (if applicable):_-- Address:Z-0 k 'DXVN V9 S� City: tA PWINI& State: 1 Zip: S �_ Phone:I Y71 31Z� Email: �jL 1 H0TFLzS5ma 5 I�I� -- AUTHORIZED AGENT(If other than'owner} Name: V \ kP,L) (-- \ V V t B �:5 Company (if applicable): Wlf"- E� Address: Zn�� A C ZM JRT" S 1 — City: l A LrO� � State: � � �,/� Zip: -7 -7 Phone: 6` 6-3 IS- ^ i2-) 7 Email: lNlP� ti \A L\ QJ I hereby depose and state under the this application are trues nd dorrect Agent's Sign owner(s)' STAFF USE ONLY. Case Number: OWNERS):& AGFfVT CERTIFICATION perjury that all statements, proposals and/or plans submitted with/or contained in the lication is complete to the best of my knowledge and belief. Date: %Z' � 1 , ?_0 k Date: Zz �; 't' l 26 `(0 Date Application Received: Ag" Special Exception Application TYPE;OF SPECIAL EXCEPTIONREQUEST Planning and Development Department A Special Exception allows for deviation from the requirements of the City's Zoning Ordinance. in order to grant a Special Exception, the Zoning Board of Adjustments (ZBOA) must find that the exception is not contrary to the best public interest and will not adversely affect the value or use of an adjoining property. Special Exceptions considered by ZBOA are limited to the following requests: Check applicable box for specific Special Exception request: Reconstruction of (or addition to) an existing building occupied by a non -conforming use ® Deviation of lot setbacks as stipulated by the City's Zoning Ordinance ®Elimination or reduction of off-street parking and loading regulations ® Deviation from minimum lot size/width requirements within the Large Lot District REASON(S)FOR SPECIALEXCEPTION.: REQUEST L4 )l6 l c> Do� AREA MAP SPECIAL EXCEPTION. #16-94000001 City of La Porte, Texas Zoning Board of Adjustment December 13, 2016 AGENDA ITEM 9 Consider approval of a Special Exception request to expand a preexisting nonconforming use on the property located at 801 N 16t" St., legally described as TRS A & 1A, BLK 1 Nebraska Syndicate. (Applicant: Wayne Vinson) Ian Clowes, City Planner Planning and Development Department City of La Porte, Texas �0,)1' 0 0 /`,r W-,t111eI'it r/1evtlI'I;�' t;0"1 r) ,16 , St f) I'ir JI'iI�YYi'fll'i;` �I'irvr,IrJl I /rtvl'TCI�I" Planning and Development Department Staff Report ISSUE Should the Board of Adjustment approve the special exception request by Wayne Vinson to expand a nonconforming use on the subject property located at 801 N. 161" St. (case #16- 94000002 )? DISCUSSION Applicant: Wayne Vinson Property Owner: Lhoist North America of Texas, Ltd. Applicant's Request: The applicant is seeking approval of special exception request #16-94000002, to allow for the expansion of an existing nonconforming use. The property located at 801 N. 161" St. is currently used for Special Lime Slurry (SLS45) preparation, mixing, milling, and storage facility. Subject Site: The subject site is approximately 9.154 acres in size. It is located on the West side of 161" 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 and on the City's website at least ten days prior to the date of the public hearing. �0,)1' 0 0 /`,0JW_,t111eI'it r/1evtlI'I;�' t;0"1 r) ,16 , St f) I'ir JI'iI�YYi'fll'i;` �I'irvr,IrJl I /rtvl'TCI�I" 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 North HI, Heavy Industrial Undeveloped South LI, Light Industrial Industrial West LI, Light Industrial Railroad Tracts/Undeveloped East HI, Heavy Industrial Undeveloped 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: 0,)1' 0 0 /`,0JW-,t'11eI'it r/1evtlI'I;�' I) er,,irIl,,e'i 1 21 1 ; t;0"1 N ,16 , St f) I'ir JI'iI�YYi'fll'i;` �I'irvr,IrJl I /rtvl'TCI�I" 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 ���sf � i(r�� ,1(�i�bmm),94 (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 Special Exception Application Planning and Development Department PROJECT INFORMATION - Address where Special Exception is being requested: 801 N 16th Street La Porte, Texas Legal description where Special Exception is being requested: TRS A & 1 A BLK 1 Nebraska Syndicate HCAD Parcel Number where Special Exception is being requested: 027-057-000-0003 ii Zoning D Lot a . 9.154 Acres A Special Exception request is hereby made to the Board of Adjustment of the City of La Porte. Description of Request: Special Lime Slurry (SLS45) preparation, mixing, milling and storage facility, constructed on a 47' x 62' concrete slab. Facility would include a 29' x 62' open -sided shed over the slurry mixing tanks and milling equipment; a lime hydrate silo and slurry storage tanks would be located on the unroofed area of concrete slab. Attached hereto is a complete listing of the reason(s) why such Special Exception should be granted. PROPERTY OWNER(S) INFORMATION Name: Company (if applicable): Lhoist North America of Texas, Ltd. Address: 801 N 16th Street, La Porte, Texas City.. Fort Worth state: Texas Phone: 817-732-8164 Email: mark.milner@lhoist.com AUTHORIZED AGENT.(If other than owner) Name: Wayne Vinson - Manager, Regional Operations Company (if applicable): Lhoist North America of Texas, Ltd. Address: 801 N 16th Street City: La Porte Phone: 956-535-1879 State: Texas Email:' Mayne.vinson@lhoist.com OWNER(S) & AGENT CERTIFICATION Zip: 76107 Zip: 77571 I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with/or contained in this application are true ag/coTect and the application ids pLnplete to the best of my knowledge and belief. Agent's Owner(s)' Sign ature(s): STAFF USE ONLY: Case Number: Date: �z Date: Date Application Received: Special Exception Application Planning and Development Department TYPE OF SPECIAL EXCEPTION REQUEST A Special Exception allows for deviation from the requirements of the City's Zoning Ordinance. In order to grant a Special Exception, the Zoning Board of Adjustments (ZBOA) must find that the exception is not contrary to the best public interest and will not adversely affect the value or use of an adjoining property. Special Exceptions considered by ZBOA are limited to the following requests: Check applicable box for specific Special Exception request: Reconstruction of (or addition to) an existing building occupied by a non -conforming use ® Deviation of lot setbacks as stipulated by the City's Zoning Ordinance ® Elimination or reduction of off-street parking and loading regulations ®Deviation from minimum lot size/width requirements within the Large Lot District REASON(S) FOR SPECIAL EXCEPTION REQUEST 1 Although the check -box above for "Reconstruction of (or addition to) of an existing building occupied by a non -conforming use" is selected for Special Exception consideration, the proposed facility would be a new construction located away from all other buildings on the property (not an addition to an existing building occupied by a non -conforming use). 2 The proposed facility would be used to manufacture a special lime slurry (SLS45) and would employ enclosed tanks for processing this slurry instead of open ponds currently used for the production of the other lime slurry products at this site. 3. The proposed facility will not adversely affect the value and use of adjacent or neighboring property or be contrary to the public interest. f Special Exception Application Planning and Development Department AFFIDAVIT OF POSTING ZONING BOARD OF ADJUSTMENT HEARING STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE The undersigned hereby duly swears on oath and says: 1. A public hearing sign was provided to me by the City of La Porte's Planning and Development Department. hereby attest that said sign will be posted on the following described property, which is subject to the application: ADDRESS: 801 N 16th Street, La Porte, Texas LEGAL DESCRIPTION: TRS A & 1A BLK 1 Nebraska Syndicate 2. In accordance with the provisions of Section 106-194 of the city's Code of Ordinances, I hereby attest that said sign will be posted on the described property for no less than ten (10) days prior to the scheduled public hearing; starting at least on the following date: 3. Said sign shall be placed on the property within 20 feet of the abutting street. 4. Said sign shall remain legible and visible for the entire ten (10) day posting period. If sign is damaged or missing, I hereby attest that I will contact the City of La Porte for a replacement sign. Applicant's Signature Applicant's Printed Name Subscribed and sworn before me this day of by (Print Applicant's Name). Notary Public (Seal) My commission expires: AREA MAP VARIANCE REQ. #16-94000002 City of La Porte, Texas Zoning Board of Adjustment December 13, 2016 AGENDA ITEM 10 Consider approval of a Special Exception request to reduce the required 10' side setback to 5' on a corner lot on the property located at 202 North Forrest Ave., legally described as Lot 1 of Block 15 Sylvan Beach Subdivision. (Applicant: Charles Anders) Ian Clowes, City Planner Planning and Development Department City of La Porte, Texas �0,)1' 0 0 /`,W_,tr1'1e1,1t r/1evtl1'I;�' /02 Nor h orre,,A Ave, SIde Sed')r,)C' �'-,edUf,fiol" Planning and Development Department Staff Report ISSUE Should the Board of Adjustment approve the special exception request by Charles Anders to reduce the required side setback on the subject property located at 202 North Forrest Ave. (case # 16-94000003 )? DISCUSSION Applicant: Charles Anders Property Owner: Bayway Homes Inc. Applicant's Request: The applicant is seeking approval of special exception request #16-94000003, to allow for the reduction of the required side setback on a corner lot from 10' to 5'. The property located at 202 North Forrest Ave. is currently undeveloped. Subject Site: The subject site is approximately 6,250 square feet in size. It is located at the Northwest corner of North Forrest Ave. and Park Ave. The site is a vacant lot originally platted as part of the Sylvan Beach Subdivision. The applicant has plans to construct a single family home on the site. 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 and on the City's website at least ten days prior to the date of the public hearing. Background Information: The site is currently zoned R-3, High -Density Residential, and is currently undeveloped. The following table summarizes the surrounding zoning and land uses: �0,)1' 0 0 /`,r�JW_,tY1'1e1,1t r/Ievtll'I;�' Zoning Land Use North R-3, High -Density Residential Single Family Residential South R-3, High -Density Residential Single Family Residential West R-3, High -Density Residential Undeveloped East R-1, Low -Density Residential Single Family Residential 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: 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; �0,)1' 0 0 /`,W-,tr1-1e1,1t r/1evtl1'I;�' 202 Nor h orre,,A Ave, SIde Sed')r,)C' F',e iUf,fiol" 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 forspecial 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 reduction of the side setback along Park Ave. would be consistent with the property across the street. The proposed home would back up to the rear of the home to the south; the reduced side setback would not impede the view of the adjacent property and appears to be in line with the existing fence line of the neighboring property. 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 AREA MAP SPECIAL EXCEPTION #16-94000003 ^v� Variance Application M � Planning and Development Department PROJECT INFORMATION Address where Variance is being requested: �? '7✓c� frc e Legal description where Variance is being requested: HCAD Parcel Number where Variance is being requ Zoning District: Lot area: A Variance request is hereby made to the Board of Adjustment of the City of La Porte. Description of Request:% ��`�`✓ ��= �_f �� iri�'C /� `'✓ fL ��� Attached hereto is a complete listing of the reason(s) why such Variance should be granted. PROPERTY OWNER(Sj INFORMATION Name: C. � L` - /, /LJ,JL Company (if applicable): J- Address: N J& A I,-) q City: ,�12 1 Lf i� 5 State: r� . Zip: Phone: s / C Z/ � , 1 Email: C" j`v £`= 2 $ �% e! L 1'fc'-W AIITHORIZI=D AGENT (I,f other than owner) Name: Company (if applicable): Address: City: Phone: Email: State: Zip: OWNER IS) 8a AGENT CERTIFICATION I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with/or contained in this application are true and correct and the application is complete to the best of my knowledge and belief. Agent's Signature: Date: Ll Owner(s)' Signatures} Date: STAFF USE ONLY: Case Number: Date Application Received: Variance Application Planning and Development Department REASONS) FOR VARIANCE REQUEST t �, h"-, L 22 511