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Home My WebLink About05-24-18 Regular Meeting of the Zoning Board of Adjustments City of La Porte Planning and Development Department Established 1892 Director, Richard Mancilla 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, May 24, 2018, 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: September 28, 2017. 4.A public hearing to consider Variance Request 18-93000001, a request by Humberto Marquez for tracts of land located at 506 S. Kansas St, and legally described as Lot 25 & North 14.5 Feet of Lot 24 & South 19 Feet of Lot 26 & Adjacent Strip, Block 239, San Jacinto Homes. The applicant is seeking approval of a variance to construct a fence in the front yard of a single family residential lot. a.Staff Presentation b.Applicant Presentation c.Public Comments d.Question and Answer 5.A public hearing to consider Variance Request 18-93000002, a request by Forrest Crump for the tract of land located at 3047 Carlisle St, and legally described as Lot 11 Block 16, Bayside Terrace. The applicant is seeking approval of a variance to construct a fence in the front yard of a single family residential lot. a.Staff Presentation b.Applicant Presentation c.Public Comments d.Question and Answer 6.A public hearing to consider Variance Request 18-93000003, a request by Erin Radney Gaete for tracts of land located at 3130 Fondren St, and legally described as Lots 5 & 15 Block 20, Bayside Terrace. The applicant is seeking approval of a variance to allow for a reduction to front yard setback and rear yard utility easement setback. a.Staff Presentation b.Applicant Presentation c.Public Comments d.Question and Answer 7.Administrative reports 8.Board comments on matter appearing on the agenda or inquiry of staff regarding specific factual information or existing policy. 9.Adjourn. 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 May 24, 2018 Regular Meeting Page 2 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, May 24, 2018, agenda of items to be considered by the Zoning Board of Adjustment was posted on the City Hall bulletin board on the ___ day of ________________, 2018. 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 /ƚƓƭźķĻƩ ğƦƦƩƚǝğƌ ƚŅ ƷŷĻ aĻĻƷźƓŭ aźƓǒƷĻƭ Ͳ tƌğƓƓźƓŭ ğƓķ 5ĻǝĻƌƚƦƒĻƓƷ 5ĻƦğƩƷƒĻƓƷ /źƷǤ ƚŅ \[ğ tƚƩƷĻͲ Ļǣğƭ Zoning Board of Adjustment Minutes of September 28, 2017 Board Members Present: Rod Rothermel, Dennis Oian, Nettie Warren, Chester Pool, Thomas Deen Board Members Absent: Shelley Fuller and Phillip Hoot City Staff Present: Assistant City Attorney Clark Askins, Director of Planning and Development Richard Mancilla, 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. Nettie Warren arrived at 6:01 3. Consider Approval of Meeting Minutes a. July 27, 2017. Motion by Thomas Deen to Approve the meeting minutes of July 27th, 2017. Second by Nettie Warren. Motion Carried. Ayes: Rothermel, Oian, Pool and Deen Nays: None Abstain: None 4. PUBLIC HEARING: Consider Variance Request 17-93000008, a request by Bayway Homes for tracts of land legally described as Lots 19-23, Block 107, Town of La Porte Subdivision. The applicant is seeking approval of multiple variances as follows: a. 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 b. A spacing between driveways of 4 feet; contrary to the provisions of Section 106-835; Figure 10-2, which requires a minimum of 10 feet between residential driveways. c. A Distance from the driveway to the property line of 2 feet; 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 feet. Chairman Rothermel opened the public hearing at 6:02 p.m. a. Staff Presentation Planning Technician, Ryan Cramer, 17- 93000008. The applicant would like leniency from the density requirements of the area to maximize space and build additional townhome/quadraplex units. The applicant also seeks leniency for setback requirements of their proposed driveways b.Applicant Presentation Charles Anders 2346 Farrie approaching the ZBOA with his requests of density and setback leniency. To continue a townhome/quadraplex development. The board referenced the previous project and were supportive of a similar undertaking. c.Public Comments There were no public comments. Chairman Rothermel closed the public hearing at 6:09 p.m. d.Question and Answer There were no questions. Motion by Chester Pool to approve variance 17-93000008 for the following: 12.5 units per acre instead of 10, a spacing between driveways of 4 feet instead of 10 feet, and a distance from the driveway to the property line of 2 feet instead of 3 feet. Second by Thomas Deen. Motion Carried. Ayes: Rothermel, Oian, Warren, Pool and Deen Nays: None Assistant City Attorney Clark Askins read from Section 106-196 of the Code of Ordinances: Appeals from the Board of Adjustment. 5.PUBLIC HEARING: Consider Variance Request 17-93000009, a request by Henry Farhat for tracts legally described as Lots 1-32 and abandoned right-of-way Tracts B, C, & D, Block 644, Town of La Porte Subdivision. Chairman Rothermel opened the public hearing at 6:08 p.m. a.Staff Presentation Planning Technician, Ryan Cramer 17- 93000009. The request itself is a deviation from the construction of required parking islands for a site th located at the corner of N 16 and N E St. The property is zoned Light Industrial (LI) and th previously had a building permit on April 30, 2015. The property had a temporary occupancy permit, but the issuance of a permanent occupancy permit was halted because approved site plan. Staff concludes that there is no hardship to be addressed. b.Applicant Presentation th Sam Farhat, 501 N 16 St, La Porte TX c.Public Comments There were no public comments. Chairman Rothermel closed the public hearing at 6:18 p.m. d.Question and Answer sq. ft. total, each. be possible to have them put two instead of the required Answer: Yes, if the board chose to recommend 2 instead of 3. Motion by Dennis Oian to grant the variance, under the stipulation that 2 of the required 3 parking islands were constructed. Second by Nettie Warren. Motion Carried. Ayes: Rothermel, Oian, Warren, Pool Nays: Thomas Deen Assistant City Attorney Clark Askins read from Section 106-196 of the Code of Ordinances: Appeals from the Board of Adjustment. 6.Administrative Reports Planning Technician Cramer 7.Board comments on matters appearing on the agenda or inquiry of staff regarding specific factual information or existing policy. N/A 8.Adjourn Motion by Chester Pool to adjourn. Second by Thomas Deen. Motion Carried. Ayes: Rothermel, Deen, Warren, Pool and Oian Nays: None Chairman Rothermel adjourned the meeting at 6:27 p.m. Respectfully submitted, Chase Stewart Secretary, Zoning Board of Adjustment Passed and Approved on , 2018. Rod Rothermel Chairman, Zoning Board of Adjustment City of La Porte, Texas Zoning Board of Adjustment May 24, 2018 AGENDA ITEM 4 Variance Request #18-93000001 506 S. Kansas Chase Stewart, Planning Technician Planning and Development Department City of La Porte, Texas Board of Adjustment Meeting May 24, 2018 Variance Request #18-93000001 Planning and Development Department Staff Report ISSUE Should the Board of Adjustment approve a request for a variance by Humberto Marquez for the property located at 506S. Kansas St., legally described as Lot25 & North 14.5 Feet of Lot24 & South 19 Feet of Lot 26 & Adjacent Strip Block 239, San Jacinto Homes which would allow the applicant to construct a fence located entirely within the front yard . The applicant is requesting permission to maintain a fence that was constructed in the front yard on a parcel of land that is not directly adjacent to the shoreline of Galveston Bay. This is contrary to Section 106-791 of the La Porte Code of Ordinances. The fence is question was constructed without obtaining the proper permits required by the city. DISCUSSION Applicant: Humberto Marquez, Home owner Subject Site: The subject sitemakes up a 0.166 acre tract of land located at 506 S. Kansas St. The attached Exhibit B is an area map that shows the location of the property in question. The site is currently occupied by a single family home and is situated in a residential R-1 neighborhood. The fence has already been erected, without staff consultation or obtaining the necessary building permits. The proposed variance would only apply to the section of the fence that is situated in the front yard portion of the property. Zoning Information: The site is currently zoned Residential, R-1, as shown in the attached Exhibit C. The following table summarizes the surrounding zoning and land uses: Zoning Land Use North R-1, ResidentialSingle Family Home SouthR-1, ResidentialSingle Family Home West R-1, ResidentialSingle Family Home East R-1, ResidentialSingle Family Home Board of Adjustment Meeting May 24, 2018 Variance Request #18-93000001 Applicable Code Provisions: Section 106-791, stipulates the front yard area guidelines The following is an excerpt from that section as applicable to this variance request (see highlighted): “No fences, structures, grading, or barrier hedges shall be permitted within any front yard areas except in the case of residential large lots, or in the case of lots with a front yard directly adjacent to the shoreline of Galveston Bay, as provided in Section 106-792 (Residential large lots and lots adjacent to Galveston Bay). Analysis: Section 106-192 of the Zoning Ordinance 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 notThe granting of permission for this fence be contrary to the public interestnegatively effects the adjacent home’s visability due to the obstruction that the fence will cause. Site lines along street frontage will be negatively impacted. b.That literal enforcement of this chapterThere would be no hardship encoured from will result in unnecessary hardship becausethe literal enforcement of Chapter 106-791. 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. c.That by granting the variance, the spirit ofBy definition, this request opposes the this chapter will be observed.requirements of this chapter completely and should be considered in the form of a waiver, Board of Adjustment Meeting May 24, 2018 Variance Request #18-93000001 rather than a variance. Approval of a waiver would not permitted. Notice of Public Hearing: Section106-194of theZoningOrdinance stipulatesthevariousrequirementsfor public noticeof thepublic hearing. This variance included all of the necessary code requirements for a public hearing including the following: Notice of public hearingwas posted in the newspaper of general circulation ten days priortothedate 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 requiredsignwasposted on thesitetendayspriorto the hearingdate. 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 Exhibit C:Zoning Map NOTIFICATION MAP Variance 18-93000001 506 S. Kansas St. Legend 506 S Kansas St This product is for informational purposes and may not have been prepared for or be suitable for legal purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries 1 inch = 105 feet MAY 2018 PLANNING DEPARTMENT ZONING MAP Variance 18-93000001 506 S. Kansas St. Legend 506 S Kansas St R-1 This product is for informational purposes and may not have been prepared for or be suitable for legal purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries 1 inch = 219 feet R-2 MAY 2018 PLANNING DEPARTMENT City of La Porte, Texas Zoning Board of Adjustment May 24, 2018 AGENDA ITEM 5 Variance Request #18-93000002 3047 Carlisle St. /ŷğƭĻ {ƷĻǞğƩƷͲ tƌğƓƓźƓŭ ĻĭŷƓźĭźğƓ tƌğƓƓźƓŭ ğƓķ 5ĻǝĻƌƚƦƒĻƓƷ 5ĻƦğƩƷƒĻƓƷ /źƷǤ ƚŅ \[ğ tƚƩƷĻͲ Ļǣğƭ Board of Adjustment Meeting May 24, 2018 Variance Request #18-93000002 Planning and Development Department Staff Report ISSUE Should the Board of Adjustment approve a request for a variance by Forrest Crump for the property located at 3047 Carlisle St., legally described as Lot 11 Block 16, Bayside Terrace, which would allow the applicant to construct a fence located entirely within the front yard. The applicant is requesting permission to maintain a fence that was constructed in the front yard on a parcel of land that is not directly adjacent to the shoreline of Galveston Bay. This is contrary to Section 106-791 of the La Porte Code of Ordinances. DISCUSSION Applicant: Forrest Crump, Home owner Subject Site: The subject site makes up a 0.126 acre tract of land located at 3047 Carlise St. The attached Exhibit B is an area map that shows the location of the property in question. The site is currently occupied by a single family home and is situated in a residential R-1 neighborhood. The fence has already been erected without obtaining the required permits. The proposed variance would permit the applicant to maintain the existing fence ocated within the front yard area only. Zoning Information: The site is currently zoned Residential, R-1, as shown in the attached Exhibit C. The following table summarizes the surrounding zoning and land uses: Zoning Land Use North R-1, ResidentialSingle Family Home South R-1, ResidentialSingle Family Home West R-1, ResidentialSingle Family Home East R-1, ResidentialSingle Family Home Board of Adjustment Meeting May 24, 2018 Variance Request #18-93000002 Applicable Code Provisions: Section 106-791, stipulates the front yard area guidelines The following is an excerpt from that section as applicable to this variance request (see highlighted): No fences, structures, grading, or barrier hedges shall be permitted within any front yard areas except in the case of residential large lots, or in the case of lots with a front yard directly adjacent to the shoreline of Galveston Bay, as provided in section 106-792 (Residential large lots and lots adjacent to Galveston Bay). Analysis: 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 Criterion: Staff Finding: a.That the granting of the variance will notThe applicant submitted a variance request, be contrary to the public interestciting the absence of a backyard and providing a safe area for their young child. An surrounding area positively or negatively. b.That literal enforcement of this chapterThere would be no hardship encoured from will result in unnecessary hardship becausethe literal enforcement of Chapter 106-791. 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. c.That by granting the variance, the spirit ofBy definition, this request opposes the this chapter will be observed.requirements of this chapter completely and should be considered in the form of a waiver, Board of Adjustment Meeting May 24, 2018 Variance Request #18-93000002 rather than a variance. Approval of a waiver to the cde would not be permitted. 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. 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 NOTIFICATION MAP Variance 18-93000002 3047 Carlisle St. Legend 3047 Carlisle St BAYSI DE This product is for informational purposes and may not have been prepared for or be suitable for legal purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries 1 inch = 70 feet MAY 2018 PLANNING DEPARTMENT PINE BLUFF ZONING MAP Variance 18-93000002 3047 Carlisle St. Legend 3047 Carlisle St BAYSIDE R-1 This product is for informational purposes and may not have been prepared for or be suitable for legal purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries FALK 1 inch = 175 feet MAY 2018 PLANNING DEPARTMENT City of La Porte, Texas Zoning Board of Adjustment May 24, 2018 AGENDA ITEM 6 Variance Request #18-93000003 3130 Fondren St /ŷğƭĻ {ƷĻǞğƩƷͲ tƌğƓƓźƓŭ ĻĭŷƓźĭźğƓ tƌğƓƓźƓŭ ğƓķ 5ĻǝĻƌƚƦƒĻƓƷ 5ĻƦğƩƷƒĻƓƷ /źƷǤ ƚŅ \[ğ tƚƩƷĻͲ Ļǣğƭ Board of Adjustment Meeting May 24, 2018 Variance Request #18-93000003 Planning and Development Department Staff Report ISSUE Should the Board of Adjustment approve a request for a variance by Erin Raney Gaete, for the property located at 3130 Fondren St., legally described as Lots 5 & 15 Block 20, Bayside Terrace, which would permit a deviation from the setback requirements for a residential lot. The applicant is requesting leniency in regards to the setback requirements defined as 25 linear feet from the front property line and the minimum setback adjacent to any utility easement located in a rear yard of 3 feet. This challenges Section 106-333, footnote #3 of the La Porte Code of Ordinances. The applicant is seeking a setback relief of 5 ft, 6 ½ inches from the front property line and a setback set to 0 ft from the utility easement in the rear. DISCUSSION Applicant: Erin Radney Gaete, Authorized Agent Subject Site: The subject site makes up a 0.199 acre tract of land located at 3130 Fondren St. The attached Exhibit B is an area map that shows the location of the property in question. The site is currently undeveloped land and is situated in a residential R-1 neighborhood. The parcel is bisected by a utility easement and the applicant is proposing to build a single family home on the eastern half of the property. Zoning Information: The site is currently zoned Residential, R-1, as shown in the attached Exhibit C. The following table summarizes the surrounding zoning and land uses: Zoning Land Use North R-1, ResidentialSingle Family Home South R-1, ResidentialSingle Family Home West R-1, ResidentialSingle Family Home East R-1, ResidentialSingle Family Home Board of Adjustment Meeting May 24, 2018 Variance Request #18-93000003 Applicable Code Provisions: Section 106-333 8 Uses Minimum Lot Minimum Minimum Yard Setbacks L.F. Maximum 2, 3, 4, 5, 6, 10, 11, 12, 13, 1415 Area/D.U. S.F. Lot Width F.R.S. Height L.F. 6000 50 25-15-535 Ft. Single-family detached 3 The minimum setback adjacent to any utility easement located in a rear yard shall be three feet. No portion of any building including projections of any nature shall encroach into any utility easement or vertical projection of the easement boundary. Analysis: 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 Criterion: Staff Finding: a.That the granting of the variance will notThe granting of this variance will not be contrary to the public interestadversely affect the surrounding area because it would accommodate a structure of a similar nature. b.That literal enforcement of this chapterThere would be no hardship encoured from will result in unnecessary hardship becausethe literal enforcement of Chapter 106-333 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 Board of Adjustment Meeting May 24, 2018 Variance Request #18-93000003 caprice, and the hardship must not result from the applicant or property owner's own actions. c.That by granting the variance, the spirit ofThe spirit would be observed because the this chapter will be observed.variance request is a relief from restrictive setbacks rather than an bolishment of them entirely. This specific request will allow for a minor 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. 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 NOTIFICATION MAP Variance 18-93000003 3130 Fondren St Legend 3130 Fondren St. This product is for informational purposes and may not have been prepared for or be suitable for legal purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries 1 inch = 83 feet MAY 2018 PLANNING DEPARTMENT ZONING MAP Variance 18-93000003 3130 Fondren St Legend 3130 Fondren St. R-1 This product is for informational purposes and may not have been prepared for or be suitable for legal purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries 1 inch = 83 feet MAY 2018 PLANNING DEPARTMENT