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Home My WebLink About5-27-21 Regular Meeting of the Zoning Board of Adjustments PHILLIP HOOT DENNIS OIAN Board Member Position 1 Board Member Position 4 THOMAS DEEN NETTIE WARREN Board Member Position 2 Board Member Position 5 ROD ROTHERMEL PAT MCCABE Board Member Position 3 Board Member Alternate 1 ZBOA Chairman JOHN BLAKEMORE Board Member Alternate 2 LA PORTE ZONING BOARD OF ADJUSTMENT AGENDA THURSDAY, MAY 27, 2021 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 at https://us02web.zoom.us/j/81097377044?pwd=TUtORzVKN0xyVHRndWUwK2ZURXNmQT09 and use passcode 524087.To dial in, call 877-853-5257 or888-475-4499 and use the meeting ID 810 9737 7044, passcode 524087. 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 March 25, 2021. 5.VARIANCE #21-93000002: Open public hearing to consider Variance #21-93000002, requested by T ammy and John Prince, applicant and owner. The applicant is seeking approval of a variance for a driveway setback at a site located at 218 S. 2nd St., La Porte, Texas, legally described as Lot 20 & the North ½ of Lot 19 and the South ½ of Lot 21, Block 34, Town of La Porte. 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 Variance Request #21-93000002 8.ADMINISTRATIVE REPORTS 9.BOARD COMMENTS on matters appearing on the agenda or inquiry of staff regarding specific factual information or existing policy. 1 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 1-470-5021) two (2) working days prior to the meeting for appropriate arrangements. CERTIFICATION Ido hereby certify that a copy of the MAY 27, 2021 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. Title: DATE OF POSTING TIME OF POSTING TAKEN DOWN 2 Zoning Board of Adjustments May 27, 2021 Meeting Minutes Approval of Meeting Minutes a.March 25, 2021 3 PHILLIP HOOT DENNIS OIAN Board Member Position 1 Board Member Position 4 THOMAS DEEN NETTIE WARREN Board Member Position 2 Board Member Position 5 ROD ROTHERMEL PAT MCCABE Board Member Position 3 Board Member Alternate 1 ZBOA Chairman JOHN BLAKEMORE Board Member Alternate 2 MINUTES OF THE REGULAR MEETING OF THE LA PORTE ZONING BOARD OF ADJUSTMENT MARCH 25, 2021 The Zoning Board of Adjustment of the City of La Porte met in aregular meeting on Thursday,March 25, 2021, at the City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 6:00 p.m., with the following in attendance: Board Members present: Chairman Rod Rothermel, Thomas Deen, Dennis Oian, and Nettie Warren Alternates present: Pat McCabe and John Blakemore Board Members absent:Phillip Hoot City Staff present: Teresa Evans, Planning and Development Director;Ian Clowes, City Planner; Clark Askins, Assistant City Attorney; Chase Stewart, Planning Technician 1.CALL TO ORDER: Chairman Rothermel called the meeting to order at 6:00 p.m. 2.ROLL CALL OF MEMBERS: All members and alternates were present with the exception of Board Member Phillip Hoot. 3.CITIZEN COMMENT (Generally limited to five minutes per person; in accordance with state law, the time may be reduced if there is a high number of speakers or other considerations). None. 4.CONSIDER APPROVAL OF THE MEETING MINUTES: a.Approve the minutes of the meeting held on January 28, 2021. Board Member Oian moved to approve the meeting minutes; the motion was adopted, 5-0. 5.SPECIAL EXCEPTION #21-94000001: Open public hearing to consider Special Exception #21-94000001, requested by Mark Follis, applicant; on behalf of Mark Rosado, owner. The applicant is seeking approval of a special exception to waive the off street parking requirements for a proposed development on the property located at 116 S.Broadway St., La Porte, Texas, legally described as Lots 22-25 & S ½ of Lot 26, Block 37, Town of La Porte. Planning Technician,Chase Stewart, presented the proposed special exception request. Applicant Mark Follis and Mark Rosado (owner) both spoke about the project proposal which prompted the special exception request. 6.ADJOURN PUBLIC HEARING: Public Hearing was adjourned at6:24 PM. 7.CONSIDERATION: Board members discussed the merits of the special exception request. Board Member Oian made a motion to approve the requested special exception; the motion was adopted, 4-1. Board Member Warren was the dissenting vote. Page 1 of 2 March 25, 2021, Zoning Board of Adjustments Meeting Minutes 4 8.ADMINISTRATIVE REPORTS: None. 9.BOARD COMMENTS regarding matters appearing on the agenda; recognition of community members, city employees, and upcoming events; inquiry of staff regarding specific factual information or existing policies. None. ADJOURN Chairman Rothermel adjourned the meeting at 6:26 PM. _______________________________ Chase Stewart,Zoning Board of Adjustment Secretary _______________________________ Rod Rothermel, Zoning Board of Adjustment Chairman Page 2 of 2 March 25, 2021, Zoning Board of Adjustments Meeting Minutes 5 Zoning Board of Adjustments May 27, 2021 Variance #21-93000002 Planning and Development Department Staff Report Variance #21-93000002 DISCUSSION Location: nd The subject site is located at 218 S. 2 St. Background Information: The applicant seeks approval of variance request #21-93000002 to construct a driveway that is setback one and a half (1.5) feet from a side property line. Per Section 106-835, Figure 10-2, the minimum setback for a driveway from a side property line is three (3) feet.The attached Exhibit D is a copy of the application and a letter of explanation submitted by the applicant. The site area is currently zoned R-1, Low-Density Residential, and has an existing single-family home on-site. The applicant desires to extend and improve the driveway to align with their nd existing curb cut on S. 2. St. The following table summarizes the surrounding zoning and land uses: ZoningLand Use R-1, Low-density ResidentialSingle-family homes North R-1, Low-density ResidentialSingle-family homes South R-1, Low-density ResidentialSingle-family homes West R-1,Low-density Residential Single-family homes East Notification Requirements: 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 general circulation at least fifteen (15) days prior to the hearing; written notice mailed to owners of real property within 200 feet of the site within ten (10) days of the hearing; anda sign was posted on site within ten (10) days of the hearing. In accordance with state law, notice of the Applicable Code Provisions: Section 106-835, Figure 10-2, stipulates that a residential driveway must be located a minimum of three (3) feet from a side property line. Analysis: The applicant seeks approval of a single variance that would allow for the construction of a residential driveway that is one and half (1.5) feet from the side property line. This distance is one and a half (1.5) feet closer to the side property line than what is permitted by the City of La 6 Zoning Board of Adjustments May 27, 2021 Variance #21-93000002 Section 106192 of the Zoning Ordinance states that the 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 variances will not be Granting this variance would not be contrary to the contrary to the public interest.interest of the surrounding single-family homes and would be consistent with other driveways along this nd portion of S. 2St. b. That literal enforcement of this chapter will The literal enforcement of this chapter would not result in unnecessary hardship because of generate an unnecessary hardship asdescribed in exceptional narrowness, shallowness, shape, the zoning code, nor would it prevent the applicant topography or other extraordinary or exceptional from constructing a driveway. 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 The requested variance does not meet the chapter will be observed.required threshold to consider this a hardship. Appeal Procedure: Sec. 106196. 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 (10) days after the filing of the decision in the office of the Board of Adjustment. ATTACHMENTS Exhibit A: Area Map Exhibit B: Zoning Map Exhibit C: Land Use Map Exhibit D: Application 7 8 9 10 11 12 13 14 15 Zoning Board of Adjustments May 27, 2021 Adjournment a.Adjourn the meeting. 16