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Home My WebLink About9-30-21 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, SEPTEMBER 30, 2021 REGULAR MEETING 6 P.M. CITY COUNCIL CHAMBERS LA PORTE CITY HALL, 604 WEST FAIRMONT PARKWAY, LA PORTE, TEXAS, 77571 To attend remotely, join the Zoom meeting online at : https://us02web.zoom.us/j/89829483837?pwd=d3hIMjVyUVhqcENFaEtiUGJpSHFkQT09 To dial in, call 877-853-5257or888-475-4499 and use the meeting ID 898 2948 3837, passcode 127115. 1. CALL TO ORDER 2. ROLL CALL OF MEMBERS 3. CONSIDER APPROVAL OF THE MEETING MINUTES: a. Approve the minutes of the meeting held on August 26, 2021. 4. VARIANCE #21-93000004: Open apublic hearing to consider Variance Request #21- 93000004,a request by Richard Aguilar, applicant and owner; for a variance to reduce the required setback for a proposed residential pool, on a tract of land located at 760 Corbin Crest Tr. and legally described as Lot . a. Staff Presentation b. Applicant Presentation c. Public Comments (Limited to 5 minutes per person) d. Question and Answer 5. ADJOURN PUBLIC HEARING 6. CONSIDERATION: Consider Variance Request #21-93000004 7. ADMINISTRATIVE REPORTS 8. BOARD COMMENTS on matters appearing on the agenda or inquiry of staff regarding specific factual information or existing policy. 9. 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. 1 Personswith disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secre-470-5021) three (3) business days prior to the meeting for appropriate arrangements. CERTIFICATION Ido hereby certify that a copy of the SEPTEMBER 30, 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 September 30, 2021 Meeting Minutes Approval of Meeting Minutes a. August 26, 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 AUGUST26, 2021 The Zoning Board of Adjustment of the City of La Porte met in aregular meeting on Thursday,August 26, 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; Board Member, Dennis Oian and Board Member, Nettie Warren; Alternate Member, Pat McCabe. Board Members absent: Board Member, Phillip Hoot; Board Member, Thomas Deen; andAlternate Board Member, John Blakemore. 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: Chairman, Rod Rothermel; Board Member, Dennis Oian and Board Member, Nettie Warren; and Alternate Member, Pat McCabe were present. 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 May 27, 2021. Alternate Board Member McCabe moved to approve the meeting minutes; the motion was adopted, 4-0. 5. Variance #21-93000003: Open public hearing to Variance Request #21-93000003, a request by Oakland Land & Development, LLC, applicant and owner; for a variance to allow for a reduction in the side yard setback requirement for a commercial building, on a tract of land located at the 400 Block of N. 11th St. and legally described as Lots 19-28, Block 96, Town of La Porte. Planning Technician,Chase Stewart, presented the proposed variance request. Applicant Jeff Burkhalter presented their proposal. 6. ADJOURN PUBLIC HEARING: Public Hearing was adjourned at6:23 PM. 7. CONSIDERATION: Board members discussed the merits of the variance request. Staff stated that the threshold of proving a hardship had not been met. Board Member Oian made a motion to approve the requested variance; the motion was adopted, 4-0. Page 1 of 2 August 26, 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 6:28 PM. _______________________________ Chase Stewart,Zoning Board of Adjustment Secretary _______________________________ Rod Rothermel, Zoning Board of Adjustment Chairman Page 2 of 2 August 26, 2021, Zoning Board of Adjustments Meeting Minutes 5 Zoning Board of Adjustments September 30, 2021 Variance #21-93000004 Planning and Development Department Staff Report Variance #21-93000004 DISCUSSION Location: The subject site is located at 760 Corbin Crest Trace subdivision in the City of La Porte. Background Information: The applicant seeks approval of variance request #21-93000004 to construct a residential pool that is setback three (3) feet from an adjacent structure. Per Section 106-748 (1),the minimum setback for a residential pool from an adjacent structure is six (6) 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 Planned Unit Development (PUD), andis located within the .The applicant has submitted building plans that show the size and location of the proposed pool. Included in the application is a letter from a Professional Engineer (PE) that supports the request for a reduced setback. The following table summarizes the surrounding zoning and land uses: ZoningLand Use PUD, Planned Unit DevelopmentSingle Family Residential North PUD, Planned Unit DevelopmentSingle Family Residential South PUD, Planned Unit DevelopmentSingle Family Residential West PUD, Planned Unit DevelopmentSingle Family Residential East Notification Requirements: Staff finds that the public hearing notification requirements outlined in Section 106-194 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, anotice of the Applicable Code Provisions: Section 106-748 (1), stipulates that a residential pool must be located a minimum of six (6) feet from an adjacent structure. Analysis: The applicant seeks approval of a single variance that would allow for the construction of a residential pool that is three (3) feet from the adjacent residential home. This distance is three (3) feet closer to the home 6 Zoning Board of Adjustments September 30, 2021 Variance #21-93000004 The required setback is in place to ensure the foundation of the home structure is not compromised during or after the construction of the pool. The applicant has submitted a letter from a licensed PE outlining the safety measures that will be put in place in order to ensure the pool construction does not compromise the integrity of the home structure foundation. Section 106 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 of those criteria: Criterion:Staff Finding: a. That the granting of the variances will not be Granting this variance wouldnot have a significant contrary to the public interest.impact on the adjacent residential properties. The backyard is adjacent to an existing street and the pool will be setback at least fourteen (14) feet from the rear property line. b. That literal enforcement of this chapter will The literal enforcement of this chapterhas the result in unnecessary hardship because of potential togenerate an unnecessary hardship as exceptional narrowness, shallowness, shape, described in the zoning code, due to the presence topography,or other extraordinary or exceptional of the fourteen (14) foot utility easement running physical situation unique to the specific piece of along the rear of the property. Traditional property in question. "Unnecessary hardship" easements are sixteen (16) feet and are shared shall mean physical hardship relating to the between adjacent property owners (8 feet on each property itself as distinguished from a hardship side). relating to convenience, financial considerations, or caprice, and the hardship must not result from the applicant or property owner's actions. c. That by granting the variance, the spirit of this The spirit of this chapter will be upheld if the chapter will be observed.variance is granted. 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 September 30, 2021 Adjournment a.Adjourn the meeting. 16