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Home My WebLink About05-28-2020 Regular Meeting of the Zoning Board of Adjustments PHILLIP HOOT DENNIS OIAN Board Member Position 1 Board Member Position4 THOMAS DEEN NETTIE WARREN Board Member Position 2 Board Member Position 5 ROD ROTHERML PAT MCCABE Board MemberPosition 3 Board Member Alternate 1 ZBOA Chairman JOHN BLAKEMORE Board MemberAlternate 2 LA PORTE ZONING BOARD OF ADJUSTMENT AGENDA THURSDAY, MAY 28, 2020 REGULAR SESSION 6 P.M. CITY COUNCIL CHAMBER LA PORTE CITY HALL, 604 WEST FAIRMONT PARKWAY, LA PORTE, TEXAS, 77571 Social Distancing protocols will be in effect in the Council Chambers. To attend remotely, join the Zoom meeting online athttps://us02web.zoom.us/j/86428273877.To dial in, call 877-853-5257 or 888-475-4499 and use the meeting ID 835 4182 4455 1.CALL TO ORDER 2.ROLL CALL OF MEMBERS 3.PUBLIC COMMENT (Generally limited to five (5) minutes per person; in accordance with state law, the time may be reduced if there is a high number of speakers or other considerations.) 4.CONSIDER APPROVAL OF THE MEETING MINUTES: a.Approve the minutes of the meeting held on June 27, 2019. 5.VARIANCE #20-93000001: Open public hearing to consider Variance 20-93000001,a request by Charles Anders on behalf of Bayway Homes for a tract of land located on the North side of thth W.Madison St., between N 6 & N 5 St, and legally described as Lots 1-32, Block 103 La Porte.The applicant is seeking approval of multiple variances that would reduce the required distances between a residential driveway and an intersection, the distance of residential driveways from side property lines, and the distance required between residential driveways, as shown in Section 106-835 (Figure 10-2). Additionally, there is a request to reduce building side setbacks as well as increase the number of dwelling units per acre allowed, as shown in Section 106-333 (Table B). a.Staff Presentation b.Applicant Presentation c.Public Comments (Limited to 5 minutes per person) d.Question and Answer 6.ADJOURN PUBLIC HEARING 7.CONSIDERATION: Consider approval or other action on Variance Request #20-93000001 8. ADMINISTRATIVE REPORTS 9. BOARD COMMENTS on matters appearing on the agenda or inquiry of staff regarding specific factual information or existing policy. 10. 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. Personswith disabilities who plan to attend this meeting and who may need auxiliary aids -470-5021) two (2) working days prior to the meeting for appropriate arrangements. Pursuant to Texas Government Code Sec. 551.127, on a regular, non-emergency basis, members may attend and participate in the meeting remotely by video conference. Should that occur, a quorum of the members will be physically present at the location noted above on this agenda CERTIFICATION Ido hereby certify that a copy of the May 21, 2020 Planning and Zoning Commission agenda was posted on the City Hall bulletin board, a place convenient and readily accessible to the general public at all times, and to the City's website, LaPorteTX.gov, in compliance with Chapter 551, Texas Government Code. City Planner Title: DATE OF POSTING TIME OF POSTING TAKEN DOWN Zoning Board of Adjustment Minutes of June 27, 2019 Board Members Present: Dennis Oian, Nettie Warren, Phillip Hoot, Chester Pool, Patrick McCabe and Chairman Rod Rothermel Board Members Absent: Thomas Deen City Staff Present: Assistant City Attorney Clark Askins, Planning Director Teresa Evans, City Planner Ian Clowes, 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 Thomas Deen was not present 3. Consider Approval of Meeting Minutes. a. September 27, 2018, Regular Meeting Motion by Chester Pool to approve the minutes of September 27, 2018. Second by Phillip Hoot. Motion Carried. Ayes: Members Hoot, Oian, Pool, Warren, and Chairman Rothermel Nays: None Motion to approve passes, 5-0 b. October 25, 2018, Regular Meeting Board member Phillip Hoot asked that two additional comments made by himself and staff be added to the minutes. Motion by Phillip Hoot to approve the minutes of October 25, 2018 with 2 corrections. Second by Chester Pool. Motion Carried. Ayes: Members Hoot, Oian, Pool, Warren, and Chairman Rothermel Nays: None Motion to approve passes, 5-0 *Staff reviewed the audio recording of the October 25, 2018, ZBOA meeting. Staff found that the statements requested by member Hoot to be added to the minutes were not discussed, and are thus, not part of public record. The requested items were not added to the official meeting minutes of October 25, 2018. 4. PUBLIC HEARING: A public hearing to consider Variance 19-93000001, a request by Charles th Anders on behalf of Bayway Homes for a tract of land located at the intersection of N 7 St and W Madison St. and legally described as Lots 16 & 17, Block 102 La Porte. The applicant is seeking approval of a variance that would allow for the construction of 2 residential driveways from an intersection for a new single family attached townhouse development in the Northside area. This is contrary to Section 106-835 (Figure 10- residential driveways from intersections. Chairman Rothermel opened the public hearing at 6:03 p.m. a. Staff Presentation Planning Technician, Chase Stewart Variance request 19- 93000001. The applicant is requesting a variance to reduce the distance required between a residential driveway and the adjacent intersection. The code requires that a residential driveway be a minimum The applicant requested a the intersection. b. Applicant Presentation Charles Anders of Bayway Homes, 924 Plantation Dr. League City, TX explained that the requested variance is necessary in order to allow for the development of two corner lots that are part of a greater town home development, currently under construction. c. Public Comments There were no public comments. Chairman Rothermel closed the public hearing at 6:17 p.m. d. Question and Answer Board member Hoot had concerns regarding the proposed variance request. Motion by Dennis Oian to approve Variance #19-93000001 Second by Chester Pool. Motion Carried. Ayes: Members Warren, Oian, Pool, and Chairman Rothermel Nays: Member Hoot Motion to approve passes, 4-1 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 19-93000002, a request by Sergio and nd Maribel Coronel for a tract of land located at 321 S 2 St. and legally described as Lots 11 and the north 9.5 feet of Lot 12, Block 14 La Porte. The applicant is seeking approval of a variance that would allow for the construction of a single-family home on a portion of property that is 4,312.5 square feet. This is contrary to Section 106-333 (Table B), which Chairman Rothermel opened the public hearing at 6:18 p.m. a. Staff Presentation Planning Technician, Chase StewartVariance request 19- 93000002. The applicant is requesting a variance that would permit the creation of a new lot in the R-1 zoning district that would not meet the minimum area requirements for the zoning district. The minimum lot width requirement in the R- of 6,000 square feet. The request by the applicant is to reduce the minimum lot width to 34.5 feet, which would provide for a total lot area of 4,312.5 square feet. b. Applicant Presentation nd Sergio Coronel, 321 S 2 St. explained that the requested variance would allow for the construction of an additional dwelling for their son to live independently from the family, but still be close by. c. Public Comments nd Maribel Coronel, 321 S 2 St. spoke in favor of the proposed variance request. st Maria Tademy, 310 S 1 St. had questions regarding how this would affect area home values, if approved. Chairman Rothermel closed the public hearing at 6:41 p.m. d. Question and Answer The Board recommended that the applicant work with staff to find an alternative way to add an additional dwelling to the property for their son. Motion by Phillip Hoot to deny Variance #19-93000002 Second by Nettie Warren. Motion Carried. Ayes: Members Warren, Oian, Pool, Hoot and Chairman Rothermel Nays: None Motion to deny passes, 5-0 Assistant City Attorney Clark Askins read from Section 106-196 of the Code of Ordinances: Appeals from the Board of Adjustment. 6.Administrative Reports There were no administrative reports from staff. 7.Board comments on matters appearing on the agenda or inquiry of staff regarding specific factual information or existing policy. The Board asked staff for updates on current development projects throughout the city. 8.Adjourn Chairman Rothermel adjourned the meeting at 6:45 p.m. Respectfully submitted, Chase Stewart Secretary, Zoning Board of Adjustment Passed and Approved on , 20. Rod Rothermel Chairman, Zoning Board of Adjustment City of La Porte, Texas Zoning Board of Adjustment May 28, 2020 AGENDA ITEM 5-7 Consider approval of a number of Variances to allow construction of a new single family townhome/duplex project for thth properties generally located at the N. 6 St. and N 5 St. intersection, legally described as Lots 1-32, Block 103, La Porte. (Applicant: Bayway Homes) /ŷğƭĻ {ƷĻǞğƩƷͲ tƌğƓƓźƓŭ ĻĭŷƓźĭźğƓ tƌğƓƓźƓŭ ğƓķ 5ĻǝĻƌƚƦƒĻƓƷ 5ĻƦğƩƷƒĻƓƷ /źƷǤ ƚŅ \[ğ tƚƩƷĻͲ Ļǣğƭ Board of Adjustment Meeting May 28, 2020 Bayway HomesVariance Planning and Development Department Staff Report ISSUE Should the Board of Adjustment approve the variance requested by Charles Anders on behalf of thth Bayway Homes for the properties generally located at the N. 6 Street and N 5 Street, legally described as Lots 1-32, Block 103, La Porte (case #20-93000001) which would allow the applicant to build a new single family attached townhome/duplex development subject to the following variances: 1. A reduction in Side Set Back on Lot 32, Lot 16, Lot 17 and Lot 1, Block 102 from 20 feet to 5 feet; contrary to the provisions of Section 106-333 2. An increase in Dwelling Units per Acre from 10 per acre(24 units) to 13 per acre (32 units); contrary to the provisions of Section 106-333 3. A decrease in distance between driveways from 10 feet to 4 feet; contrary to the provisions of Section 106-835 4. A decrease in driveway from a property line from 3 feet to 2 feet; contrary to the provisions of Section 106-835 5. on for 2 residential driveways on-site. DISCUSSION : The applicant is seeking approval variance request #20-93000001. The variances would allow the applicant to build a new single family attached townhouse development in the Northside reduction in spacing requirements for 2 residential driveways from an intersection, resulting in a spacing required, for a new single family attached townhome/duplex development in the Northside area. The attached Exhibit A is a copy of the application and site plan showing how the applicant intends to configure the entire development. Subject Site: thth The subject lots are a portion of a 2.295 acre tract of land located between N 6 St. and N 5 St. and is legally described as Lots 1-32, Block 103 La Porte. Notice of Public Hearing: Staff finds that the public hearing notification requirements outlined in Section 106-171 were performed in accordance with code provisions, including the following: notice in a newspaper of Board of Adjustment Meeting May 28, 2020 Bayway HomesVariance general circulation no more than 10 days prior to the hearing; written notice mailed to owners of real property within 200 feet of the site within 10 days of the hearing; 2 signs were posted on site within 10 days of the hearing. In accordance with state law, notice of the public hearing was also posted at City Hall and . Background Information: The site area is currently zoned R-2, Medium-Density Residential. The subject site is formerly a LPISD Maintenance Facility. The following table summarizes the surrounding zoning and land uses: Zoning Land Use North BI, Business Industrial Developed, but vacant South R-1, Low-density Single-family homes Residential West R-2, Medium-density Mix of Single-family homes Residential and undeveloped property East R-2, Medium-density Undeveloped property Residential 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. Yard Requested Site Requested Setbacks Setbacks Area/ DU/A F.R.S. Unit S.F. Townhouse, -- -20- 10.0 13.0 Quadplexes DU/A DU/A Section 106-835 (Figure 10-1), stipulates the residential design standards. The following is an excerpt from that section as applicable to this variance request (see highlighted): Driveway Requirements Requested Distance from intersection * Spacing between driveway Distance from side lot line * This distance shall be measured from the intersection of property lines common with street right-of-way lines. Analysis: The applicant is seeking approval of multiple variances that would allow for the construction of a northern and southern property lines, a density of 13 units per acre, 2 residential driveways Board of Adjustment Meeting May 28, 2020 Bayway HomesVariance Ordinances. Section 106192 of the Zo 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 sta Criterion: Staff Finding: a. That the granting of the variances will not Granting this variance would mirror the be contrary to the public interest housing development to the west of the proposed area (also constructed by the applicant) and would not be contrary to public interest. b. That literal enforcement of this chapter As it relates to driveway criteria in will result in unnecessary hardship because townhouse/quadraplex developments, of exceptional narrowness, shallowness, meeting the code is difficult and likely shape, topography or other extraordinary or impossible. According to Section 106-333 exceptional physical situation unique to the referenced earlier, the minimum lot width is specific piece of property in question. "Unnecessary hardship" shall mean physical hardship relating to the property lot for placement of the driveway (minimum itself as distinguished from a hardship width allowed per code). Section 106-839 relating to convenience, financial requires a minimum of 2 parking spaces per considerations or caprice, and the hardship household while Section 106-835 requires must not result from the applicant or ort, a property owner's own actions. setbacks and parking space size. As it relates to density, side setback, and driveway spacing requests, staff finds it difficult to argue that there is an unnecessary hardship preventing the applicant from meeting the listed requirements. c. That by granting the variance, the spirit of Staff feels that with the approval of the this chapter will be observed. proposed variance, the proposed development will meet the spirit and intent of the R-2 zoning district and thus the Chapter 106. Board of Adjustment Meeting May 28, 2020 Bayway HomesVariance ATTACHMENTS Exhibit A: Application, and a conceptual site plan layout Exhibit B: Area map Exhibit C: Zoning Map MA D ISO N BI R-2 R-1