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Home My WebLink About04-27-17 Regular Meeting of the Zoning Board of Adjustments ZONING BOARD OF ADJUSTMENTS (ZBOA) MEETING AGENDA Notice is hereby given of a Regular Meeting of the La Porte Zoning Board of Adjustments to be held on Thursday, April 27, 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. CONSIDER APPROVAL OF THE MEETING MINUTES: a. January 26, 2017 Meeting b. March 23, 2017 Meeting 4. PUBLIC HEARING: Consider Variance Request 17-93000003, a request by Jesus Lopez for the th tract of land located at the southwest corner of S. 7 St. and W. F St., legally described as Lots 31 & 32, Block 140 of La Porte Subdivision. The applicant is seeking approval of a variance allowing for a reduction of the side setback from ten (10) feet to five (5) feet, this is contrary to Section 106-333 of the La Porte Code of Ordinances. a. Staff Presentation b. Applicant Presentation c. Public Comments d. Question and Answer 5. ADMINISTRATIVE REPORTS 6. COMMISSION COMMENTS on matters 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, April 27, 2017, agenda of items to be considered by the Zoning Board of Adjustments was posted on the City Hall bulletin board on the ____ day of ____________________, 2017. Title: City of La Porte, Texas Zoning Board of Adjustment April 27, 2017 AGENDA ITEM 3a Regular Meeting Minutes January 26, 2017 Zoning Board of Adjustment Minutes of January 26, 2017 Board Members Present: Rod Rothermel, Dennis Oian, Chester Pool, Nettie Warren, T.J. Walker, and Shelley Fuller Board Members Absent: Thomas Deen City Staff Present: Assistant City Attorney Clark Askins, City Planner Ian Clowes, and Planning Technician Ryan Cramer 1. Call to Order. Chairman Rod Rothermel called the meeting to order at 6:02 p.m. 2. Roll call of members. Board member Thomas Deen was not present. 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) Chairman Rothermel opened the public hearing at 6:03 p.m. a. Staff Presentation City Planner, Ian Clowes, 16-93000015. The applicant would like to construct a rear corner of the home, due to the unusual oval shape of the lot. City Planner Clowes stated that staff received one letter in opposition to the proposed variance. b. Applicant Presentation The applicant was not present. c. Public Comments Judy Nieuwenhuis, 319 E. Main St. La Porte, TX 77571 Current owner of the property, spoke in favor of the proposed variance. Stated that due to the shape, it has been nearly impossible to develop a new home on the site due to the zoning constraints placed on the property. Kelly Cave, 617 E. Fairmont Pkwy. La Porte, TX 77571 Owns an adjoining property to and is concerned about the possible runoff that would be caused by a new home being built on site. Chairman Rothermel closed the public hearing at 6:07PM. d. Question and Answer Chairman Rothermel ask staff how drainage in this area would be dealt with. City planner Clowes stated that drainage plans would need to be submitted as part of the building plans and would be reviewed by the Engineering Department. Chester Pool asked h Planner Clowes stated that all drainage requirements will need to be met regardless of the variance. It may be that even with the approved variance, a home may not be able to be built due to drainage issues. Motion by Dennis Oian to Approve 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 for single family detached uses, with the following conditions: 1. Adequate drainage will be required to prevent flooding of neighbors. 2. . Second by TJ Walker. Motion Carried. Ayes: Rothermel, Oian, Pool, Warren, and Walker Nays: None Assistant City Attorney Clark Askins read from Section 106-196 of the Code of Ordinances: Appeals from the Board of Adjustment. 4. A public hearing to consider 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. Chairman Rothermel opened the public hearing at 6:16. a. Staff Presentation City Planner Clowes presented for variance request 16-93000016. City Planner explained that the additional carport will have rear access and would be used as personal RV storage. b. Applicant Presentation Johnny Barnes, 11131 N. L St. La Porte, TX 77571 Mr. Barnes explained the reasoning behind his variance request. c. Public Comments There were no public comments. Chairman Rothermel closed the public hearing at 6:20 PM. d. Question and Answer Chairman Rothermel asked if the proposed carport would exceed the total allowable coverage for the lot. City Planner Clowes stated that it would not. Motion by Chester Pool to approve 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. Second by T.J. Walker. Motion Carried. Ayes: Rothermel, Oian, Pool, Warren, and Walker Nays: None Assistant City Attorney Clark Askins read from Section 106-196 of the Code of Ordinances: Appeals from the Board of Adjustment. 5. Administrative Reports City Planner Clowes introduced the new members of the board, Shelley Fuller, and Thomas Deen. 6. Board comments on matters appearing on the agenda or inquiry of staff regarding specific factual information or existing policy. Chairman Rothermel asked about the absentee policy for board members. City Planner Clowes said that he will look into it. Chairman Rothermel asked for an update on the La Porte Town Center. City Planner Clowes gave a brief summary as to where they are in the approval process. 7. Adjourn Motion by Chester Pool to adjourn. Second by Nettie Warren. Motion Carried. Ayes: Rothermel, Walker, Pool, Warren, and Oian Nays: None Chairman Rothermel adjourned the meeting at 6:34 p.m. Respectfully submitted, Ryan Cramer Secretary, Zoning Board of Adjustment Passed and Approved on , 2017. Rod Rothermel Chairman, Zoning Board of Adjustment City of La Porte, Texas Zoning Board of Adjustment April 27, 2017 AGENDA ITEM 3b Regular Meeting Minutes March 23, 2017 Zoning Board of Adjustment Minutes of March 23, 2017 Board Members Present: Rod Rothermel, Dennis Oian, Chester Pool, Nettie Warren, T.J. Walker, and Thomas Deen Board Members Absent: Shelley Fuller City Staff Present: City Attorney Knox Askins, City Planner Ian Clowes, 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 member Shelley Fuller was not present. 3. Consider approval of meeting minutes: December 13, 2016. Motion by Dennis Oian to Approve the meeting minutes of December 13, 2016. Second by Nettie Warren. Motion Carried. Ayes: Rothermel, Oian, Pool, Warren, and Walker Nays: None 4. A public hearing to consider Variance Request 17-93000001, a request by James Elmore of Cisneros Designs for the tract of land located at 1101 S. Broadway St., legally described as Lots 1-31, Block 1110 La Porte. The applicant is seeking approval of a variance allowing for a reduction of the front setback from twenty (20) feet to fifteen (15) feet, this is contrary to Section 106-443 of the La Porte Code of Ordinances. Chairman Rothermel opened the public hearing at 6:03 p.m. a. Staff Presentation City Planner, Ian Clowes, 17-93000001. The applicant would like to remove the existing gas canopy and gas pumps and replace them. The applicant would like to reduce the required setback in order to allow for better circulation on the site. b. Applicant Presentation Ingmar Abdullah, 1101 S. Broadway St. La Porte, TX 77571 Current owner of the property. Mr. Abdullah gave a brief summary of the history of the development and reasons for why the variance is necessary. c. Public Comments There were no public comments. Chairman Rothermel closed the public hearing at 6:07PM. d. Question and Answer Dennis Oian asked if a traffic impact analysis will be required. City Planner Clowes stated that it would not be required. Chester Pool asked if the gas canopies will impede the site visibility triangle. City Planner Clowes stated that it would not, and that the new canopy will be setback further than the current one. Motion by Nettie Warren to Approve Variance Request 17-93000001, a request by James Elmore of Cisneros Designs for the tract of land located at 1101 S. Broadway St., legally described as Lots 1- 31, Block 1110 La Porte. The applicant is seeking approval of a variance allowing for a reduction of the front setback from twenty (20) feet to fifteen (15) feet, this is contrary to Section 106-443 of the La Porte Code of Ordinances. Second by Chester Pool. Motion Carried. Ayes: Rothermel, Oian, Pool, Warren, and Walker Nays: None City Attorney Knox Askins read from Section 106-196 of the Code of Ordinances: Appeals from the Board of Adjustment. 5. A public hearing to consider Variance Request 17-93000002, a request by Sandra and Stevie Manuel for the tract of land located at 226 S. Holmes St., legally described as Lots 30, 31, 32, Bayfront Addition, La Porte. The applicant is seeking approval of a variance allowing for the placement of a fence within the front yard, this is contrary to Section 106-791 of the La Porte Code of Ordinances. Chairman Rothermel opened the public hearing at 6:16. a. Staff Presentation City Planner Clowes presented for variance request 17-93000002. City Planner explained that the applicant would like to build a fence on the front property line. City Planner Clowes suggested to the board that they assign a specific distance that the fence be setback from the front property line. b. Applicant Presentation The applicant was not present. c. Public Comments There were no public comments. Chairman Rothermel closed the public hearing at 6:16 PM. d. Question and Answer not impede the visual site lines of adjoining properties. Motion by Chester Pool to approve Variance Request 17-93000002, a request by Sandra and Stevie Manuel for the tract of land located at 226 S. Holmes St., legally described as Lots 30, 31, 32, Bayfront Addition, La Porte. The applicant is seeking approval of a variance allowing for the placement of a fence within the front yard, this is contrary to Section 106-791 of the La Porte Code of Ordinances, with the following amendments: 1. Fence must be setback at least twenty five (25) feet from the front property line. Second by T.J. Walker. Motion Carried. Ayes: Rothermel, Oian, Pool, Warren, and Walker Nays: None City Attorney Knox Askins read from Section 106-196 of the Code of Ordinances: Appeals from the Board of Adjustment. 6. Administrative Reports City Planner Clowes let the board know that a new Planning Director has been hired and will be starting next month. 7. Board comments on matters appearing on the agenda or inquiry of staff regarding specific factual information or existing policy. 8. Adjourn Motion by Dennis Oian to adjourn. Second by Nettie Warren. Motion Carried. Ayes: Rothermel, Walker, Pool, Warren, and Oian Nays: None Chairman Rothermel adjourned the meeting at 6:21 p.m. Respectfully submitted, Ryan Cramer Secretary, Zoning Board of Adjustment Passed and Approved on , 2017. Rod Rothermel Chairman, Zoning Board of Adjustment City of La Porte, Texas Zoning Board of Adjustment April 27, 2017 AGENDA ITEM 4 Variance Request #17-93000003 th SW Corner of S. 7 St. and W. F St. LğƓ /ƌƚǞĻƭͲ /źƷǤ tƌğƓƓĻƩ tƌğƓƓźƓŭ ğƓķ 5ĻǝĻƌƚƦƒĻƓƷ 5ĻƦğƩƷƒĻƓƷ /źƷǤ ƚŅ \[ğ tƚƩƷĻͲ Ļǣğƭ Board of Adjustment Meeting April 27, 2017 Variance Request #17-93000003 Planning and Development Department Staff Report ISSUE Should the Board of Adjustment approve a request for a variance by Jesus Lopez for the tract of land th located at the southwest corner of S. 7 St. and W. F St., legally described as Lots 31 & 32, Block 140 of La Porte Subdivision (case #17-93000003) which would allow the applicant to construct a new single family home on a corner lot with a reduced side yard setback. The applicant is requesting a five (5) foot reduction in the required side yard setback along W. F St., allowing the home to be five (5) feet from the ROW as opposed to the required ten (10) feet. This is contrary to Section 106-333 of the La Porte Code of Ordinances. DISCUSSION Applicant: Jesus Lopez Subject Site: th The subject site makes up a .141 acre tract of land located at the southwest corner of S. 7 St. and W. F St. The attached Exhibit B is an area map that shows the location of the property in question. The site is currently undeveloped. The proposed variance would allow the applicant to build the home with a five (5) foot setback on the side of the property abutting W. F St. This would be consistent with the existing building directly adjacent to the west of the existing lot. Zoning Information: The site is currently zoned R-1, Single Family Residential, as shown in the attached Exhibit C. The following table summarizes the surrounding zoning and land uses: Zoning Land Use North R-1, Single Family Residential Single Family Home South R-1, Single Family Residential Vacant West GC, General Commercial Commercial Office Building East R-1, Single Family Residential Single Family Home Applicable Code Provisions: Section 106-333, stipulates that all side yards adjacent to public R.O.W's classified as freeway, arterial or collector must be 10 feet. West F St. is currently classified as a collector street. Board of Adjustment Meeting April 27, 2017 Variance Request #17-93000003 Analysis: 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 be The granting of the variance being requested contrary to the public interest would allow the applicant to construct a home with setbacks similar to those of existing homes and other structures in the immediate vicinity. b. That literal enforcement of this chapter will The site as is, is a difficult size for development. result in unnecessary hardship because of By strictly enforcing the required 1side setback exceptional narrowness, shallowness, shape, along W. F, the site becomes difficult for the topography or other extraordinary or construction of a traditional single family home. exceptional physical situation unique to the specific piece of property in question. "Unnecessary hardship" shall mean physical hardship relating to the property itself as distinguished from a hardship relating to convenience, financial considerations or caprice, and the hardship must not result from the applicant or property owner's own actions. c. That by granting the variance, the spirit of this This specific request will allow for a minor chapter will be observed. deviation in the setback requirement and will allow for an infill development in an established neighborhood. 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. Board of Adjustment Meeting April 27, 2017 Variance Request #17-93000003 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 Exhibit C: Zoning Map 614 618 615 618 611 620 622 619 622 626 621 626 627 628 F W 705 701 705 705 705 710 709 713 714 719 717 718 908 725 728 729 Legend Parcels City Limits Railroad Drainage Channels T S G W Disclaimer: This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. Gov. C. §2501.102. The user is encouraged to independently verify all information contained in this product. The City of La Porte makes no representation or warranty as to the accuracy of this product or to its fitness for a particular purpose. The user: (1) accepts the product AS IS, WITH ALL FAULTS; (2) assumes all responsibility for the use thereof; and (3) releases the City of La Porte from any damage, loss, or liability arising from such use. 1 " = 78 ' City of La Porte 604 W. Fairmont Parkway La Porte, TX 77571 (281) 471-5020 I www.laportetx.gov 619 S 611 S 7TH ST 8TH ST 627 S 7TH ST 705 S 7TH ST R-1 GC 705 S 8TH ST 709 S 7TH ST 713 S Legend 714 S 7TH ST 7TH ST Parcels Address Points ! City Limits Railroad 717 S Drainage Channels 7TH ST 718 S Zoning 7TH ST Zoning MU LLD 719 S R-1 8TH ST R-2 R-3 MH NC GC BI 725 S LI 7TH ST HI 728 S MSD 7TH ST MSDO PUD Disclaimer: This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. Gov. C. §2501.102. The user is encouraged to independently verify all information contained in this product. The City of La Porte makes no representation or warranty as to the accuracy of this product or to its fitness for a particular purpose. The user: (1) accepts the product AS IS, WITH ALL FAULTS; (2) assumes all responsibility for the use thereof; and (3) releases the City of La Porte from any damage, loss, or liability arising from such use. City of La Porte 1 " = 63 ' 604 W. Fairmont Parkway La Porte, TX 77571 (281) 471-5020 I www.laportetx.gov