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Home My WebLink About06-28-18 Regular Meeting of the Zoning Board of Adjustments City of La PortePlanning and Development Department Established 1892 Director Richard Mancilla City of La Porte Zoning Board of Adjustment Agenda Notice is hereby given of aMeeting of the La Porte Zoning Board of Adjustmentto be held on th Thursday, June 28, 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. th 3.Consider approval of meeting minutes: May 24, 2018. 4.A public hearing to consider Variance Request 18-93000004, a request by Lisa Erwinfor a tract of land located at 121 Erin Court, and legally described as Lot 6 Block 1, Spencer Landing Subdivision, Sec. 4. The applicant is seeking approval of a variance that would allow for a reduction of residential driveway design standards from a 12 foot minimum driveway width, to a 6 foot width. a.Staff Presentation b.Applicant Presentation c.Public Comments d.Question and Answer 5.A public hearing to consider Special Exception 18-94000001, a request by Alan Mueller (on behalf of Beazer Homes), for the tract of land located at 3500 Bay Area Blvd, and legally described as Reserve “A”, Recreation Center, Morgan’s Landing. The applicant is seeking approval of a Special Exception that is permitted in Sec. 106-191 to waive or reduce off-street parking requirements. a.Staff Presentation b.Applicant Presentation c.Public Comments d.Question and Answer 6.Administrative reports 7.Board comments on matter appearing on the agenda or inquiry of staff regarding specific factual information or existing policy. 8.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. 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 th ZBOAAgenda–June 28, 2018 Regular Meeting Page 2 CERTIFICATION th I certify that a copy of the Thursday,June 28, 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 Zoning Board of Adjustment th Minutes of May 24, 2018 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, Assistant City Manager Jason Weeks, Planning Director Richard Mancilla, and Planning Technician Chase Stewart 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 & Phillip Hoot were not present 3.Consider Approval of Meeting Minutes th a.September 28, 2017. Motion by Thomas Deen to Approve the meeting minutes of July 27th, 2017. Second by Chester Pool. Motion Carried. Ayes:Rothermel, Oian, Warren, Pool, Deen Nays:None Abstain:None 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. Chairman Rothermel opened the public hearing at 6:01 p.m. a.Staff Presentation Planning Director, Mr. Richard Mancilla, presented staff’s report on a variance request 18- 93000001. The applicant is requesting permission to maintain a fence that was constructed in the front yard on a parcel of land this is not directly adjacent to the shoreline of Galveston Bay. The fence was constructed without obtaining a building permit. This is contrary to Section 106- 791 of the La Porte Code of Ordinances. b.Applicant Presentation Maria Marquez, 6422 Gammage St, Houston TX, 77087. c.Public Comments There were 2 mailings received by staff that were in approval of the variance request. Manuel J Martinez of 268 Lois Lane and the home owner, Humberto Marquez. Chairman Rothermel closed the public hearing at 6:09 p.m. d.Question and Answer There were no questions. Motion by Thomas Deen to deny variance 18-93000001, a request Second by Nettie Warren. Motion Carried Unanimously Ayes: Rothermel, Oian, Warren, Pool, 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: 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. Chairman Rothermel opened the public hearing at 6:10 p.m. a.Staff Presentation Planning Director, Mr. Richard Mancilla, presented staff’s report on a variance request 18- 93000002. The applicant is requesting permission to maintain a fence that was constructed in the front yard on a parcel of land this is not directly adjacent to the shoreline of Galveston Bay. The fence was constructed without obtaining a building permit. This is contrary to Section 106- 791 of the La Porte Code of Ordinances. b.Applicant Presentation Forrest Crump, 2214 Tallow wood, Deer Park TX c.Public Comments Timothy Aquilar, 3119 Fondren, La Porte TX: Advisedthe home owner, Forrest Crump, not to erect the fence because it was against the City’s Ordinance. Bridgette Weber, 3047 Carlisle St, La Porte TX: The current tenant at the property in question pled her case to retain the fence James Weitekamp, 3021 Carlisle St, La Porte TX: Voiced opposition to the variance, citing it as a violation of an ordinance, it was distracting/an eyesore, it devalues the property/neighborhood. Don Burkemeyer, 3111 Fondren, La Porte TX: Shared with the board that the Bayside Terrace Civic Club (a group similar to a HOA, but without power to enforce) had voted unanimously to oppose the variance. Chairman Rothermel closed the public hearing at 6:21 p.m. d.Question and Answer N/A Motion: Thomas Deen motions to deny the variance Second by Chester Pool. Motion Carried. Ayes: Rothermel, Oian, Warren, Pool, Deen Nays: N/A Assistant City Attorney Clark Askins read from Section 106-196 of the Code of Ordinances: Appeals from the Board of Adjustment. 6.PUBLIC HEARING: 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 requirements. a.Staff Presentation: Planning Director, Mr. Richard Mancilla, presented staff’s report on a variance request 18-93000003. The applicant is requesting lenience 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 also 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. b.Applicant Presentation: Erin Radney Gaete 10313 N L St, La Porte TX c.Public Comments: Don Burkeneyer, 3111 Fondren St, La Porte TX: Shared that Bayside Terrace Civic Club voted unanimously in favor, but after hearing staff’s and the applicant’s presentations, considered support for the variance request. Kathryn Aguilar, 3119 Fondren St: Voiced support Timothy Aguilar, 3119 Fondren St: Voiced Support d.Question and Answer: Clarification on the site plan submitted from various board members Chairman Rothermel closed the public hearing at 6:33 p.m. Motion: Dennis Oian motions to approve under the premise that the house is built 10 ft above ground (see stilt home) Second: Nettie Warren Motion Carried 7.Administrative Reports Planning Department Director, Richard Mancilla, introduces recently hired staff: Himself, Assistant City Manager: Jason Weeks, Planning Technician: Chase Stewart. 8.Board comments on matters appearing on the agenda or inquiry of staff regarding specific factual information or existing policy. Questions by the board for staff in regards to Gilley’s and the Dollar General project on Old 146. 9.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 6:40 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 June 28, 2018 AGENDA ITEM 4 Variance Request #18-93000004 121 Erin Court Chase Stewart, Planning Technician Planning and Development Department City of La Porte, Texas Board of Adjustment Meeting June 28, 2018 Variance Request #18-93000004 Planning and Development Department Staff Report ISSUE Should the Board of Adjustment approve a request for a variance by Lisa Erwin for the property located at 121 Erin Court, legally described as Lot6 Block 1, Spencer Landing Subdivision, Sec. 4,which would grant the applicant a reduction of residential driveway design standards from a 12 foot minimum driveway width, to a 6 foot width. The applicant is requesting to construct a vehicle storage building on the property that with it’s projected orientation allowing a maximum driveway width of 6 feet. This is contrary to Section 106- 835, Figure 10-2, of the La Porte Code of Ordinances. DISCUSSION Subject Site: The subject sitemakes up a 0.219 acre tract of land located at 121 Erin Ct. 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 proposed variance would only reduce the minimum driveway requirement for the property to allow for construction of an off-street parking structure to be erected on 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, Residential Single Family Home SouthR-1, Residential Single Family Home West PUD, Planned Unit Development Undeveloped East R-1, Residential Single Family Home Applicable Code Provisions: Section 106-835, Figure 10-2, outlines the Residential driveway design standards within the City of La Porte. Board of Adjustment Meeting June 28, 2018 Variance Request #18-93000004 Section 106-835, Figure 10-2 specific requirement is as follows: “Drive width – 12’ minimum to 25’ maximum” 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 of this variance to be contrary to the public interestthe applicant will not be contrary to the public interest of the surrounding neighborhood b.That literal enforcement of this chapter There would be no hardship encoured from will result in unnecessary hardship because the 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 requestwill still observe this chapter will be observed. the spirit of the chapter by asking for a reduction of requirements, not abolishing them completely. Notice of Public Hearing: Section 106-194 of theZoning Ordinance stipulates the various requirements for public notice of the public hearing. This variance included all of the necessary code requirements for a public Board of Adjustment Meeting June 28, 2018 Variance Request #18-93000004 hearing includingthe following: Notice of public hearingwas 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: 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 inpart, 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 D NOTIFICATION MAP Variance 18-93000004 121 Erin Court Legend 121 Erin Court ERIN 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 = 56 feet JUNE 2018 PLANNING DEPARTMENT LLD D ZONING MAP Variance 18-93000004 121 Erin Court Legend 121 Erin Court ERIN PUD 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 = 56 feet JUNE 2018 PLANNING DEPARTMENT City of La Porte, Texas Zoning Board of Adjustment June 28, 2018 AGENDA ITEM 5 Special Exception Request #18-94000001 Recreation Center Reserve “A”, Morgan’s Landing Chase Stewart, Planning Technician Planning and Development Department City of La Porte, Texas Board of Adjustment Meeting June 28, 2018 Special Exception Request #18-94000001 Planning and Development Department Staff Report ISSUE Should the Board of Adjustment approve a request for a Special Exception by Alan Mueller (on behalf of Beazer Homes)for the property locatedat 3500 Bay Area Blvd, legally described as Reserve “A”, Recreation Center, Morgan’s Landing, which would grant the applicant permission to waive or reduce off-street parking requirements if deemed unnecessary by the board for the proposed use of the building or structure. The applicant is requesting to utilize on-street parking for the proposed building. This process is outlined in Section 106-191, (3) of the La Porte Code of Ordinances. DISCUSSION Subject Site: The subject sitemakes up a 4.1acre tractof land located at 3500 Bay Area Blvd. The attached Exhibit B is an area map that shows the location of the property in question. The site is currently vacant and is situated in a Planned Unit Development. The proposed special exception approaches the board for a reduction of required off-street parking or waiving the requirement completely. ZoningInformation: The site is currently zoned Planned Unit Development, PUD, as shown in the attached Exhibit C. The following table summarizes the surrounding zoning and land uses: Zoning Land Use North GC, General Commercial Commercial SouthBI, Business Industrial Industrial West R-1, Residential Single Family Homes East PUD, Planned Unit Development Multiple Applicable Code Provisions: Section 106-191, outlines the right of the applicant to apply for a waiver/reduction of required parking for their proposed development, within the City of La Porte’s Code of Ordinances. Board of Adjustment Meeting June 28, 2018 Special Exception Request #18-94000001 Analysis: Section 106-191 of the Zoning Ordinance states that the term “special exception” represents 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” The applicable code for this case is as follows: Section 106-191 (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.” The following table outlines those criteria and staff’s analysis of those criteria. Criterion: Staff Finding: a.That the granting of the special exceptionThe granting of permission of this special will not be contrary to the public interestexceptionto the applicant will not be contrary to the public interest b.That by granting the special exception,By definition, this requestwill still utilize the the spirit of this chapter will be observed. code to facilitate a development. In no means would the granting of this special exception adversely affect the spirt of this chapter. Notice of Public Hearing: Section 106-194 of theZoning 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 hearingwas 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: 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 Board of Adjustment Meeting June 28, 2018 Special Exception Request #18-94000001 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 MAIN NOTIFICATION MAP FAIRWOOD S OAKWOOD #1-900000 S PRUCE GRAYWOOD DOGWOOD Subject Parcel ROSEWOOD COLLING SWOOD BIRCH PECAN This product is for informational purposes and may not have been prepared for or be suitable SPRINGWOOD for legal purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries 1 inch = 702 feet FAIRMONT PLANNING DEPARTMENT R-1 PUDR-3 MAIN ZONING MAP GC FAIRWOOD SCUP OAKWOOD #17-91000005 SPRUC E West Side of Bay Area Blvd. GRAYWOOD DOGWOOD Subject Parcel ROSEWOOD R-1 PUD COLLINGSWOOD BIRCH This product is for informational purposes and may not have been prepared for or be suitable SPRINGWOOD for legal purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries BI GC 1 inch = 702 feet FAIRMONT NOVEMBER 2017 PLANNING DEPARTMENT