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Home My WebLink About01-26-17 Regular Meeting of the Zoning Board of Adjustment City of La Porte Planning and Development Department Established 1892 City of La Porte Zoning Board of Adjustment Agenda Notice is hereby given of a Meeting of the La Porte Zoning Board of Adjustment to be held on Thursday, January 26, 2017, at 6:00 p.m. at City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, regarding the items of business according to the agenda listed below: 1. Call to order. 2. Roll call of members. 3. A public hearing to consider Variance Request 16-93000015, a request by Marvin Bledsoe for the tract of land located at 545 Circle Dr., legally described as Lot 28 & Tract 27, Block 29 and 10 feet of Lot 27 Beach Park subdivision. The applicant is seeking approval of a variance that would allow his client to have a zero foot side setback. This is contrary to Section 106-333 (a) which requires a side . a. Staff Presentation b. Applicant Presentation c. Public Comments d. Question and Answer 4. A public hearing to receive public input on Variance Request 16-93000016, a request by Johnny Barnes for the tract of land located at 11131 N. L St., legally described Lots 15-18, Block 8 Greendale U/R. The applicant is seeking approval of a variance that would allow him to build a second detached carport structure, this is contrary to Section 106-741 (f) of the La Porte Code of Ordinances which says a lot less than one acre in size can have no more than one detached private garage or carport structure. a. Staff Presentation b. Applicant Presentation c. Public Comments d. Question and Answer 5. Administrative reports. 6. Board comments on matter appearing on the agenda or inquiry of staff regarding specific factual information or existing policy. 7. Adjourn. A quorum of City Council members may be present and participate in discussions during this meeting. However, no action will be taken by the Council. In compliance with the Americans with Disabilities Act, The City of La Porte will provide for reasonable accommodations for persons attending public meetings. To better serve attendees, requests should be received 24 hours prior to the meetings. Please contact Patrice Fogarty, City Secretary, at 281-470-5019. CERTIFICATION I certify that a copy of the Thursday January 26, 2017, agenda of items to be considered by the Zoning Board of Adjustment was posted on the City Hall bulletin board on the ___ day of ________________, 2017. Title: City of La Porte 604 W. Fairmont Parkway Phone: (281) 471-5020 Planning and Development La Porte, TX 77571-6215 Fax: (281) 470-5005 www.laportetx.gov City of La Porte, Texas Zoning Board of Adjustment January 26, 2017 AGENDA ITEM 3 Consider approval of a Variance for the property located at 545 Circle Drive, legally described as Lot 28 & Tract 27, Block 29 and 10 feet of Lot 27 Beach Park subdivision, to allow construction of a single family house with a Applicant: Marvin Bledsoe LğƓ /ƌƚǞĻƭͲ /źƷǤ tƌğƓƓĻƩ tƌğƓƓźƓŭ ğƓķ 5ĻǝĻƌƚƦƒĻƓƷ 5ĻƦğƩƷƒĻƓƷ /źƷǤ ƚŅ \[ğ tƚƩƷĻͲ Ļǣğƭ Board of Adjustment Meeting January 26, 2017 Circle Drive Setback Variance Planning and Development Department Staff Report ISSUE Should the Board of Adjustment approve the variance requested by Marvin Bledsoe for the property located at 545 Circle Drive, legally described as Lot 28 & Tract 27, Block 29 and 10 feet of Lot 27 Beach Park subdivision (case #16-93000015) which would allow the applicant to build a house with a side , when Section 106-333 requires a minimum houses. DISCUSSION Applicant: Marvin Bledsoe : The applicant is seeking approval of variance request #16-93000015. The variance requested will allow . Exhibit A is the submitted application. Subject Site: The subject site makes up a .06 acre tract of land located at 545 Circle Drive and is legally described as Lot 28 & Tract 27, Block 29 and 10 feet of Lot 27 Beach Park subdivision. The attached Exhibit B is an area map that shows the location of the property in question. The site does not meet the minimum lot area for Single Family Detached housing but because the lot is platted in a way which makes it unable to meet size requirements it is considered pre-existing nonconforming. Notice of Public Hearing: Section 194 of the Zoning Ordinance stipulates the various requirements for public notice of the public hearing. This variance included all of the necessary code requirements for a public hearing including the following: Notice of public hearing was posted in the newspaper of general circulation ten days prior to the date of the hearing. Mailed notices were sent to all owners of property lying within 200 feet of the site ten days prior to the date of the hearing. The required sign was posted on the site ten days prior to the hearing date. Background Information: The site is currently zoned MU, Mixed Use. The subject site is currently undeveloped. The following table summarizes the surrounding zoning and land uses: Board of Adjustment Meeting January 26, 2017 Circle Drive Setback Variance Zoning Land Use North MU, Mixed Use Residential (553 Circle Dr.) South MU, Mixed Use Residential (541 Circle Dr.) West MU, Mixed Use Residential (621 E. Fairmont Pky.) East MU, Mixed Use Residential (509 Circle Dr.) Applicable Code Provisions: Section 106-333, stipulates the residential area requirements. The following is an excerpt from that section as applicable to this variance request (see highlighted): Uses Min. Min. Min. Yard Max. Min. Max. Lot Lot Lot Setbacks Height Site Coverage/Min. Area Width Area Landscaping Single-6000 -- 9100 40%/N/A Family Detached Analysis: The applicant is requesting approval of a variance that would allow for the construction of a new house. The lot in question is legally described as Lot 28 & Tract 27, Block 29 and 10 feet of Lot 27 Beach Park subdivision. If the variance is approved then it will side setback. 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 s analysis of those criteria. Criterion: Staff Finding: a.That the granting of the variance will not beThe granting of the variances being requested contrary to the public interest would allow the applicant the ability to build a side setback. This would not be out of character for the area as many of the surrounding homes extend into their setbacks and even surrounding alleys. b.That literal enforcement of this chapter willThese lots have been platted in their current state result in unnecessary hardship because of since 1895 as part of the Beach Park Subdivision exceptional narrowness, shallowness, shape, Final Plat. There are two hardships associated topography or other extraordinary or with the physical layout of this property. The first exceptional physical situation unique to the is its size, at 2,546 square feet fitting a house into specific piece of property in question. the building envelope would be extremely "Unnecessary hardship" shall mean physical Board of Adjustment Meeting January 26, 2017 Circle Drive Setback Variance hardship relating to the property itself as shape, a curved side a rear property line makes it distinguished from a hardship relating to even more difficult to meet setbacks. convenience, financial considerations or caprice, and the hardship must not result from the applicant or property owner's own actions. c.That by granting the variance, the spirit of this chapter will be observed. are to bring structures into compliance over time, but due to the size and configuration of this lot it is hard to imagine a house will ever meet all setbacks. Appeal Procedure: Any person or persons, jointly or severally, aggrieved by any decision of the board of adjustment, or any taxpayer, or any officer, department, board, or bureau of the city may present to a court of record a petition for a writ of certiorari, as provided by V.T.C.A., Local Government Code § 211.011, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten days after the filing of the decision in the office of the board of adjustment. ATTACHMENTS Exhibit A: Application Exhibit B: Area map AREA MAP VARIANCE #16-93000015 31 32 50 LOCATION OF PROPERTY E FAIRMONT PKWY 1113 29 1114 30 49 1118 13 121 1 inch = 200 feet City of La Porte, Texas Zoning Board of Adjustment January 26, 2017 AGENDA ITEM 4 Consider approval of a Variance for the property located at 11131 N. L St., legally described as Lots 15-18, Block 8 Greendale U/R, to allow construction of a second detached carport or garage structure on a lot less than 1 acre in size. Applicant: Johnny Barnes LğƓ /ƌƚǞĻƭͲ /źƷǤ tƌğƓƓĻƩ tƌğƓƓźƓŭ ğƓķ 5ĻǝĻƌƚƦƒĻƓƷ 5ĻƦğƩƷƒĻƓƷ /źƷǤ ƚŅ \[ğ tƚƩƷĻͲ Ļǣğƭ Board of Adjustment Meeting January 26, 2017 N. L Street Carport Variance Planning and Development Department Staff Report ISSUE Should the Board of Adjustment approve the variance requested by Johnny Barnes for the property located at 11131 N. L Street, legally described as Lots 15-18, Block 8 Greendale U/R (case #16- 93000016) which would allow the applicant to construct a second carport or garage structure on a lot less than 1 acre in size. DISCUSSION Applicant: Johnny Barnes : The applicant is seeking approval of variance request #16-93000016. The variance requested will allow the applicant to construct a second carport or garage structure on a lot less than 1 acre in size. Exhibit A is the application turned into Staff. Subject Site: The subject site makes up a .45 acre tract of land located at 11131 N. L Street and is legally described as Lots 15-18, Block 8 Greendale U/R. The attached Exhibit B is an area map that shows the location of the property in question. The site has dual frontage on N. L street and Fieldcrest Dr. Notice of Public Hearing: Section 194 of the Zoning Ordinance stipulates the various requirements for public notice of the public hearing. This variance included all of the necessary code requirements for a public hearing including the following: Notice of public hearing was posted in the newspaper of general circulation ten days prior to the date of the hearing. Mailed notices were sent to all owners of property lying within 200 feet of the site ten days prior to the date of the hearing. The required sign was posted on the site ten days prior to the hearing date. Background Information: The site is currently zoned R1, Low Density Residential. The subject site is currently developed with a home and garage structure. The following table summarizes the surrounding zoning and land uses: Board of Adjustment Meeting January 26, 2017 N. L Street Carport Variance Zoning Land Use North R1, Low Density Residential Residential (11122 Fieldcrest) South R1, Low Density Residential Undeveloped West MU, LLD, Large Lot Residential Residential (11035 N. L St.) Development East R1, Low Density Residential Church (11141 N. L St.) Applicable Code Provisions: Section 106-741 (f), stipulates the total number of garages/carports permitted on a site less than 1 acre in sze. The following is an excerpt from that section as applicable to this variance request (see highlighted): Sec. 106-741. - General provisions. (f) No more than one detached private garage or carport structure on lots less than one acre with single family dwelling. Analysis: The applicant is requesting approval of a variance that would allow for the construction of a secondary carport in the rear of their property. The lot in question is legally described as Lots 15-18, Block 8 Greendale U/R. If the variance is approved then it will allow the applicant to construct a carport at the rear of their property for them to store their Recreational Vehicle (RV). 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 Criterion: Staff Finding: a.That the granting of the variance will not beThe granting of the variance being requested contrary to the public interest would allow the applicant the ability to build a second carport/garage structure. The proposed structure will be in the rear of the property and would not be visible to most surrounding properties. b.That literal enforcement of this chapter willNo true hardship has been defined. 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 Board of Adjustment Meeting January 26, 2017 N. L Street Carport Variance hardship relating to the property itself as distinguished from a hardship relating to convenience, financial considerations or caprice, and the hardship must not result from the applicant or property owner's own actions. c.That by granting the variance, the spirit of thisThe site in question has dual frontage on two chapter will be observed. existing streets. Allowing an additional parking structure on this site will make more sense on this specific lot as opposed to a lot with frontage on only one street. Appeal Procedure: Any person or persons, jointly or severally, aggrieved by any decision of the board of adjustment, or any taxpayer, or any officer, department, board, or bureau of the city may present to a court of record a petition for a writ of certiorari, as provided by V.T.C.A., Local Government Code § 211.011, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten days after the filing of the decision in the office of the board of adjustment. ATTACHMENTS Exhibit A: Application Exhibit B: Area map AREA MAP VARIANCE #16-93000016 4 LIT TLE BROOK 310 393392 394 5 PLAIN BROOK LOCATION OF PROPERTY 6 1 1 SUNSET RIDGE 1 428 427 7 8 271 1 1 433 434 270 470251 467468469 1 inch = 300 feet