HomeMy WebLinkAbout07.28.2022 ZBOA Meeting Packet
PHILLIP HOOT
DENNIS OIAN
Board Member Position 1
Board Member Position 4
PAT MCCABE
NETTIE WARREN
Board Member Position 2
Board Member Position 5
ROD ROTHERMEL
JOHN BLAKEMORE
Board Member Position 3
Board Member Alternate 1
ZBOA Chairman
VACANT
Board Member Alternate 2
LA PORTE ZONING BOARD OF ADJUSTMENT AGENDA
THURSDAY, JULY 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 April 28, 2022.
4.VARIANCE #22-93000003: Open apublic hearing to consider Variance Request #22-93000003, a
request by Maria Alanis, applicant, on behalf of Carlos Pereda, owner, for a variance to reduce the
required setback for a proposed pool, on a tract of land located at 601 Beachman Shore Ln. and
legally described as n 8, 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 #22-93000003
6.VARIANCE #22-93000004: Open a public hearing to consider Variance Request #22-93000004, a
request by Roger Russell, applicant and owner, for a variance to allow for a front yard fence on a
tract of land located at 2003 E. Lomax Dr. and legally described as Lots 15 and 16, Lomax Gardens,
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 #22-93000004
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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.
Personswith 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
Ido hereby certify that a copy of the JULY 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
July 28, 2022
Approval of Meeting Minutes
Approval of Meeting Minutes
a.April 28, 2022
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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
APRIL 28, 2022
The Zoning Board of Adjustment of the City of La Porte met in aregular meeting on Thursday,April
28, 2022, 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, Thomas Deen; Board Member, Philip
Hoot.;Alternate Board Member, John Blakemore; and Alternate Board Member, Pat McCabe.
Board Members absent Board Member, Dennis Oian, and Board Member, Nettie Warren.
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 Rothermel;Board Member, Deen; Board Member, Hoot;
Alternate Board Member, Blakemore; and Alternate Board Member, McCabe were present.
3.CONSIDER APPROVAL OF THE MEETING MINUTES:
a.Approve the minutes of the meeting held on December 9, 2021.
Alternate Board Member Blakemore moved to approve the meeting minutes; the motion was adopted,
5-0.
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.
City Planner, Ian Clowes, presented the proposed variance request.
Applicant presented their proposal and explained their rationale for the request.
5.ADJOURN PUBLIC HEARING: Public Hearing was adjourned at6:05 PM.
6.CONSIDERATION:
Board members discussed the merits of the variance request.
Board Member Hoot made a motion to approve the requested variance; the motion was adopted, 5-0.
7.VARIANCE #22-93000002: Open a public hearing to consider Variance Request #22-93000002, a
request by Ronald Kolenc, applicant and owner, for a variance to reduce the required setback for a
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April 28, 2022, Zoning Board of Adjustments Meeting Minutes
proposed pool, on a tract of land located at 215 Coleman Wake Ln. and legally described as Lot 15,
, TX.
City Planner, Ian Clowes, presented the proposed variance request.
Applicant presented their proposal and explained their rationale for the request.
8.ADJOURN PUBLIC HEARING: Public Hearing was adjourned at6:12 PM.
9.CONSIDERATION:
Board members discussed the merits of the variance request.
Board Member Hoot made a motion to approve the requested variance; the motion was adopted, 5-0.
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 Chairman Rothermel adjourned the meeting at 6:18 PM.
___________________________________________
Ian Clowes,City Planner
___________________________________________
Rod Rothermel, Chairman
Page 2 of 2
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April 28, 2022, Zoning Board of Adjustments Meeting Minutes
Zoning Board of Adjustments
July 28
, 2022 Variance #22-93000003
Planning and Development Department Staff Report
Variance #22-93000003
DISCUSSION
Location:
The subject site is located at 601 Beachman Shore Ln.
Background Information:
The applicant seeks approval of variance request #22-93000003 to construct a residential pool
that is setback four (4) 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.
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 four (4) feet from the adjacent residential home. This distance is two (2)
feet closer to the home 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.
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Zoning Board of Adjustments
July 28
, 2022 Variance #22-93000003
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
e criteria:
Criterion:Staff Finding:
a.That the granting of the variances will not beGranting this variance wouldnot have a significant
contrary to the public interest.impact on the adjacent residential properties. The
backyard is adjacent to an existing detention pond
and amenity trailand the pool will be setback at
least fourteen (14) feet from the rear property line.
b.That literal enforcement of this chapter willThe literal enforcement of this chapterhas the
result in unnecessary hardship because ofpotential togenerate an unnecessary hardshipas
exceptional narrowness, shallowness, shape,described in the zoning code, due to the presence
topography,or other extraordinary or exceptionalof the fourteen (14) foot utility easement running
physical situation unique to the specific piece ofalong 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 thebetween adjacent property owners (8 feet on each
property itself as distinguished from a hardshipside).
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 thisThe 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
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Zoning Board of Adjustments
July 28, 2022
Variance #22-93000004
Planning and Development Department Staff Report
Variance #22-93000004
DISCUSSION
Location:
The subject site is located at the 2003 E. Lomax Dr. La Porte, TX.
Background Information:
The applicant seeks approval of variance request #22-93000004 to construct a fence located
within a portion of the front yard on a residential lot. Per Section 106-791,no fences, structures,
grading, or barrier hedges shall be permitted within any front yard areas except in the case of
residential large lots, or in the case of lots with a front yard directly adjacent to the shoreline of
Galveston Bay. 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 developed with a single family home.The applicant
has already constructed the proposed fence.
The following table summarizes the surrounding zoning and land uses:
ZoningLand Use
Low Density Residential(R-1)Single Family Residential
North
Large Lot Residential (LLD)Undeveloped
East
Low Density Residential(R-1)Undeveloped
South
Low Density Residential(R-1)Undeveloped
West
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, anotice of the
public hearing was also posted at City Hall and on t
Applicable Code Provisions:
Section 106-791, states that no fences, structures, grading, or barrier hedges shall be permitted
within any front yard areas except in the case of residential large lots, or in the case of lots with
a front yard directly adjacent to the shoreline of Galveston Bay.
Analysis:
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
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Zoning Board of Adjustments
July 28, 2022
Variance #22-93000004
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 beGranting this variance would not have a significant
contrary to the public interest.impact on the adjacent properties.
b.That literal enforcement of this chapter willThe literal enforcement of this chapter would not
result in unnecessary hardship because ofgenerate an unnecessary hardship asdescribed in
exceptional narrowness, shallowness, shape,the zoning code, nor would it prevent the applicant
topography,or other extraordinary or exceptionalfrom utilizing theirproperty.No hardship has been
physical situation unique to the specific piece ofidentified.
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.
c.That by granting the variance, the spirit of thisThe 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
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Zoning Board of Adjustments
July 28, 2022 - Adjournment
Adjournment
a.Adjourn the meeting.
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