HomeMy WebLinkAbout04.28.2022 ZBOA Meeting Packet
LA PORTE ZONING BOARD OF ADJUSTMENT AGENDA
THURSDAY, APRIL 28, 2022
REGULAR MEETING 6 P.M.
CITY COUNCIL CHAMBERS
LA PORTE CITY HALL, 604 WEST FAIRMONT PARKWAY, LA PORTE, TEXAS, 77571
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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 December 9, 2021.
4. VARIANCE #22-93000001: Open a public hearing to consider Variance Request #22-93000001, a
request by David Delao, applicant, on behalf of Edgar Peralta, owner, for a variance to reduce the
required rear setback for a proposed home, on a tract of land located at 840 Easy St. and legally
described as Lot 383, Block 10, Battleground Estates Section 2, Harris County, TX.
a. Staff Presentation
b. Applicant Presentation
c. Public Comments (Limited to 5 minutes per person)
d. Adjourn Hearing
5. BOARD DISCUSSION AND POSSIBLE ACTION: Consider Variance Request #22-93000001
6. VARIANCE #22-93000002: Open a public hearing to consider Variance Request #22-93000002, a
request by Robert Kolenc, applicant and owner, for a variance to reduce the required setback for a
proposed pool, on a tract of land located at 215 Coleman Wake Ln. and legally described as Lot 15,
Block 1, Morgan’s Landing Section 2, Harris County, TX.
a. Staff Presentation
b. Applicant Presentation
c. Public Comments (Limited to 5 minutes per person)
d. Adjourn Hearing
7. BOARD DISCUSSION AND POSSIBLE ACTION: Consider Variance Request #22-93000002
PHILLIP HOOT
Board Member Position 1
THOMAS DEEN
Board Member Position 2 ROD ROTHERMEL
Board Member Position 3
ZBOA Chairman
DENNIS OIAN
Board Member Position 4
NETTIE WARREN
Board Member Position 5
PAT MCCABE
Board Member Alternate 1
JOHN BLAKEMORE
Board Member Alternate 2
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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.
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or
services are requested to contact the Planning Department (281-470-5057) three (3) business
days prior to the meeting for appropriate arrangements.
CERTIFICATION
I do hereby certify that a copy of the APRIL 28, 2022 Zoning Board of Adjustments meeting 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
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Zoning Board of Adjustments
April 28, 2022 – Approval of Meeting Minutes
Approval of Meeting Minutes
a.December 9, 2021
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Page 1 of 2
December 9, 2021, Zoning Board of Adjustments Meeting Minutes
MINUTES OF THE REGULAR MEETING OF THE
LA PORTE ZONING BOARD OF ADJUSTMENT
DECEMBER 9, 2021
The Zoning Board of Adjustment of the City of La Porte met in a regular meeting on Thursday,
December 9, 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: Board Member, Dennis Oian; Board Member, Nettie Warren; Board Member,
Thomas Deen; Alternate Board Member, John Blakemore; and Alternate Board Member, Pat McCabe.
Board Members absent: Chairman, Rod Rothermel and Board Member, Philip 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: – Board Member Warren called the meeting to order at 6:00 p.m.
2. ROLL CALL OF MEMBERS: – Board Member, Dennis Oian; Board Member, Nettie Warren; Board
Member, Thomas Deen; Alternate Board Member, John Blakemore; and Alternate Board Member, Pat
McCabe were present.
3. CONSIDER APPROVAL OF THE MEETING MINUTES:
a. Approve the minutes of the meeting held on September 30, 2021.
Alternate Board Member Oian moved to approve the meeting minutes; the motion was adopted, 5-0.
4. VARIANCE #21-93000005: Open a public to consider Special Exception Request #21-94000002, a
request by James F. Craig IV, applicant, on behalf of Bayshore Baptist Church, owner; for a variance to
increase the allowed density for a proposed multi-family development, on a tract of land located at 11311
Spencer Hwy. and legally described as 10.8 acres out of TRS 71, 71A-1, & 71A-4; La Porte Outlots,
Harris County, TX.
Planning Technician, Chase Stewart, presented the proposed variance request.
Applicant presented their proposal and explained their rationale for the request.
5. ADJOURN PUBLIC HEARING: Public Hearing was adjourned at 6:12 PM.
6. CONSIDERATION:
Board members discussed the merits of the variance request.
Board Member Blakemore made a motion to approve the requested variance; the motion was adopted,
5-0.
PHILLIP HOOT
Board Member Position 1
THOMAS DEEN
Board Member Position 2
ROD ROTHERMEL
Board Member Position 3
ZBOA Chairman
DENNIS OIAN
Board Member Position 4
NETTIE WARREN
Board Member Position 5 PAT MCCABE
Board Member Alternate 1
JOHN BLAKEMORE
Board Member Alternate 2
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Page 2 of 2
December 9, 2021, Zoning Board of Adjustments Meeting Minutes
7. SPECIAL EXCEPTION #21-94000002: Open a public hearing to consider Special Exception Request
#21-94000002, a request by James F. Craig IV, applicant, on behalf of Bayshore Baptist Church, owner;
for a special exception to allow for a reduction of the required parking for a proposed multi-family
development, on a tract of land located at 11311 Spencer Hwy. and legally described as 10.8 acres out
of TRS 71, 71A-1, & 71A-4; La Porte Outlots, Harris County, TX
Planning Technician, Chase Stewart, presented the proposed special exception request.
Applicant presented their proposal and explained their rationale for the request.
8. ADJOURN PUBLIC HEARING: Public Hearing was adjourned at 6:21 PM.
9. CONSIDERATION:
Board members discussed the merits of the special exception request.
Board Member Blakemore made a motion to approve the requested variance; the motion was adopted,
4-1. Board Member Warren was the dissenting vote.
10. ADMINISTRATIVE REPORTS:
None.
11. 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 – Board Member Warren adjourned the meeting at 6:24 PM.
___________________________________________
Ian Clowes, City Planner
___________________________________________
Nettie Warren, Board Member
5
Zoning Board of Adjustments
April 28, 2022 – Variance #22-93000001
Planning and Development Department Staff Report
Variance – #22-93000001
DISCUSSION
Location:
The subject site is located at the 840 Easy Street La Porte, TX.
Background Information:
The applicant seeks approval of variance request #22-93000001 to construct a residential home
that is setback seven and a half (7.5) feet from the rear property line. Per Section 106-333, Table
B, the minimum rear yard setback for a single family home in the Low Density Residential (R-1)
zoning district is fifteen (15) 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 and is undeveloped. The applicant has submitted an
application showing a proposed 2867 square foot single family home.
The following table summarizes the surrounding zoning and land uses:
Zoning Land Use
North R-1, Low Density Residential Single Family Residential
South R-1, Low Density Residential Single Family Residential
West R-1, Low Density Residential Single Family Residential
East R-1, Low Density Residential Single Family Residential
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; and a sign was
posted on site within ten (10) days of the hearing. In accordance with state law, a notice of the
public hearing was also posted at City Hall and on the City’s website.
Applicable Code Provisions:
Section 106-333, Table B, stipulates that a residential structure in the R-1 zoning district must
be located a minimum of fifteen (15) feet from the rear property line.
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
6
Zoning Board of Adjustments
April 28, 2022 – Variance #22-93000001
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 variances will not be
contrary to the public interest.
Granting this variance would not have a significant
impact on the adjacent properties.
b. That literal enforcement of this chapter will
result in unnecessary hardship because 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 actions.
The literal enforcement of this chapter would not
generate an unnecessary hardship as described in
the zoning code, nor would it prevent the applicant
from constructing a home on the property. A
number of pipelines exist along the frontage of the
property but the lot was platted in a manor to
accommodate the pipeline easements while still
allowing for the site to be developed. No hardship
has been identified.
c. That by granting the variance, the spirit of this
chapter will be observed.
The requested variance does not meet the
required threshold to consider this a hardship.
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 (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
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ROBINSONHOUSTON EASYSAN JACINTO
Houston-Galveston Area Council (H-GAC)
Area Map
This product is for informational purposes and may not havebeen prepared for or be suitable for legal purposes. It does notrepresent an on-the-ground survey and represents only the approximate relative location of property boundaries
1 inch = 75 feet
APRIL 2022PLANNING DEPARTMENT
I
Legend
Subject Tract
Variance#22-93000001
840 Easy Street
Exhibit A
8
R-1
ROBINSONHOUSTON EASYSAN JACINTO
Houston-Galveston Area Council (H-GAC)
Zoning Map
This product is for informational purposes and may not havebeen prepared for or be suitable for legal purposes. It does notrepresent an on-the-ground survey and represents only the approximate relative location of property boundaries
1 inch = 75 feet
APRIL 2022PLANNING DEPARTMENT
I
Legend
Subject Tract
Variance#22-93000001
840 Easy Street
Exhibit B
9
LDR
LL
ROBINSONHOUSTON EASYSAN JACINTO
Houston-Galveston Area Council (H-GAC)
FLUP Map
This product is for informational purposes and may not havebeen prepared for or be suitable for legal purposes. It does notrepresent an on-the-ground survey and represents only the approximate relative location of property boundaries
1 inch = 75 feet
APRIL 2022PLANNING DEPARTMENT
I
Legend
Subject Tract
Variance#22-93000001
840 Easy Street
Exhibit C
10
Variance Application
Planning and Development Department
PROJECT INFORMATION
Address where Variance is being requested: g 1)4 t:J/SJ 51, 1-A f'P'?16 tY, 11 s-:J--/ > Legal description where Variance is being requested: Lof Sf,3, �/..()&,� JO i ,Su-lim L, /!:etJI'(, ltd� 6'-fdt.$VrJu�llZ. ��� JN,IJ� , ' • HCAD l>arcel Num�er�here Variance is being requested: ______________________ _ ' ,, Zoning District: ___________________ _ Lot area: __ 3_S_3 _________ _
A Variance request is hereby made to the Board of Adjustment of the City of La Porte.
Description of Request: fn,$f #J 4:. At.r� �-� �/I&</� �:rd-l::&.cA, &Ii/�.;! /� -()� � � � � � -A A? ,,, !_ I,'-:
Attached hereto is a complete listing of the reason(s) why such Variance should be granted.
PROPERTY OWNER(S) INFORMATION
Name: £" �Ar 5 • d11t/lYI $,-JI'-f �� I/ �P JA.r�tHil/o
Company (if applicable): _______________________________ _
Address: J..�'?> /;;,;, lz�/� �1"
City: fJAflU(�ll
Phone: II (�14>.) tYrl-v�/2-
Name: J/4n:,( � tJ
State: fr Zip: �P'j
Email: _____ di_._.�""-=Cb>')=-------=-l-........ V__.!...._�._____._f_lYKi______,_°/._�..a..,a.__--------
AUTHORIZED AGENT (If other than owner)
Company (if applicable):_lr/...:...-..,17 ___ • IJ. ...... "'4..:...�------'*-------�-'f._fr._�_�...a..,i...;;..1M_____,1.___L_L_L. _________________ _
Address: /�21 /Jr� AV<..,
City: fl_�Ai-1£1A ·
Phone: {f<!,1-) -;/1,ft,;1.t;s-if (-:fl,) )..'51 -l '1/t>
State: 7f/.
Email: Jc/e/LQ £ ./ri �lflith\. tm>1r4d�,, fi -h,i ,J41vll t,YI. t,t
OWNER(S) & AGENT CERTIFICATION
Zip: �'2-
I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with/or contained in this application are true and correct and the ap lication is co plete to the best of my knowledge and belief.
Agent's Signature: ��I� A.A/''-f'.o1v,� Date: ?J},t{#$Z-
STAFF USE ONLY:
Case Number: d� _ q 3000()0)
Date: 3 /7 /2027 , I
Date Application Received:
Exhibit D
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15
Zoning Board of Adjustments
April 28, 2022 – Variance #22-93000002
Planning and Development Department Staff Report
Variance – #22-93000002
DISCUSSION
Location:
The subject site is located at 215 Coleman Wake Lane in the Morgan’s Landing subdivision in the
City of La Porte.
Background Information:
The applicant seeks approval of variance request #22-93000002 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), and is located within the
Morgan’s Landing subdivision. 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:
Zoning Land Use
North PUD, Planned Unit Development Single Family Residential
South PUD, Planned Unit Development Single Family Residential
West PUD, Planned Unit Development Single Family Residential
East PUD, Planned Unit Development Single Family Residential
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; and a sign was
posted on site within ten (10) days of the hearing. In accordance with state law, a notice of the
public hearing was also posted at City Hall and on the City’s website.
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 than what is permitted by the City of La Porte’s Code of Ordinances.
16
Zoning Board of Adjustments
April 28, 2022 – Variance #22-93000002
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 106‐192 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 variances will not be
contrary to the public interest.
Granting this variance would not have a significant
impact on the adjacent residential properties. The
backyard is adjacent to an existing detention pond
and amenity trail and the pool will be setback at
least fourteen (14) feet from the rear property line.
b. That literal enforcement of this chapter will
result in unnecessary hardship because 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 actions.
The literal enforcement of this chapter has the
potential to generate an unnecessary hardship as
described in the zoning code, due to the presence
of the fourteen (14) foot utility easement running
along the rear of the property. Traditional
easements are sixteen (16) feet and are shared
between adjacent property owners (8 feet on each
side).
c. That by granting the variance, the spirit of this
chapter will be observed.
The spirit of this chapter will be upheld if the
variance is granted.
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 (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
17
Houston-Galveston Area Council (H-GAC)
Area Map
This product is for informational purposes and may not havebeen prepared for or be suitable for legal purposes. It does notrepresent an on-the-ground survey and represents only the approximate relative location of property boundaries
1 inch = 90 feet
APRIL 2022PLANNING DEPARTMENT
I
Legend
Subject Tract
Variance#22-93000002
215 Coleman Wake
Exhibit A
18
PUD
Houston-Galveston Area Council (H-GAC)
Zoning Map
This product is for informational purposes and may not havebeen prepared for or be suitable for legal purposes. It does notrepresent an on-the-ground survey and represents only the approximate relative location of property boundaries
1 inch = 90 feet
APRIL 2022PLANNING DEPARTMENT
I
Legend
Subject Tract
Variance#22-93000002
215 Coleman Wake
Exhibit B
19
MHDR
Houston-Galveston Area Council (H-GAC)
FLUP Map
This product is for informational purposes and may not havebeen prepared for or be suitable for legal purposes. It does notrepresent an on-the-ground survey and represents only the approximate relative location of property boundaries
1 inch = 90 feet
APRIL 2022PLANNING DEPARTMENT
I
Legend
Subject Tract
Variance#22-93000002
215 Coleman Wake
Exhibit C
20
Variance Application
Planning and Development Department
PROJECT INFORMATION
Address where Va ria nee is being requested:_.��-�L�5 ___ e_0�£_· c_-�/JIJ�'.A�/J __ W __ ;4�,J._1::_---____ L--'-{l)_. ____ L ___ A ...... �'---'t)-"/!,--"--'[c'--,..---"Z'---7..s_--'-7.-'-/
Legal description where Variance is being requested : __ l_· t)�'-�J�S __ _._P;....._1.._o_e ___ ll,------'�'--'·---M_c--=-/l-'-'_IT'--AJ_S_-'--[-,,1-/V-'-'-_b_1 IV_�_
HCAD Parcel Number where Variance is being requested:_f_l_L_m�t_o_D-{.;;�::=_. _ft}_f)_1-__ (a_�_cf��-7�l,; __ /V1_,+�p_/2.-G_--:-_(l_o_· IL_i)_.f __ _
Zoning District: H-thlJI..O Co(.//tl r"'; 1cKAJ Lot area: /...o 'f IS
A Variance request is hereby made to the Board of Adjustment of the City of La Porte.
Description of Request: {)J /l-Tl=/l. Of Pt)ol. 14 � 2-J ff fll iJ/11 f/ov5 E. lrnlJ) 3F1 e"""KC&�J
fpe, ,/,f PA:n O �o 'BM )L YAIU).
Attached hereto is a complete listing of the reason(s} why such Variance should be granted.
PROPERTY OWNER(S) INFORMATION
Name: __ p__o-'-N----'--'@''--L_.b_--'f_-_. _____.U_o_L_c:;_-_/V_e,. _______________________ _
Company (if applicable): _________________________________ _
Address: ""J.. / s Co l-e rlu-rJ
City: l-A p &/1,-Tt:
Phone: f3 ;;. S-J'-f, oKtf3 State: Te"-XA �Zip: 71 :5// I
Email: rk Ole f'J �@ 'f Jftl O <1 , CI) rV/
______________ A_UTHORIZED AGENT (If other t_h_a_n_o_w_n-e__,r)._ ________ � __ ___,
Name: ---------------------------------------
Company (if applicable}: _________________________________ _
Address: --------------------------------------
City: _________________ _ State: _____ _ Zip: ______ _
Phone: ------------Email: ______________________ _
OWNER(S) & AGENT CERTIFICATION
I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with/or contained in this application are true and correct and the application is complete to the best of my knowledge and belief.
Date: ---------
STAFF USE ONLY: Date Application Received:
Case Number:
Exhibit D
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Zoning Board of Adjustments
April 28, 2022 - Adjournment
Adjournment
a.Adjourn the meeting.
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