HomeMy WebLinkAbout09.22.2022 ZBOA Meeting Packet
LA PORTE ZONING BOARD OF ADJUSTMENT AGENDA
THURSDAY, SEPTEMBER 22, 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. APPOINTMENT OF CHAIRPERSON
4. CONSIDER APPROVAL OF THE MEETING MINUTES:
a. Approve the minutes of the meeting held on July 28, 2022.
5. VARIANCE #22-93000005: Open a public hearing to consider Variance Request #22-93000005, a
request by Moruf Jimoh, applicant, on behalf of Ben Deanda, owner, for a variance to reduce the
required setback for a proposed driveway, on a tract of land located at 11208 N. P Street and legally
described as Tract 392C, La Porte Outlots, Harris County, TX.
a. Staff Presentation
b. Applicant Presentation
c. Public Comments (Limited to 5 minutes per person)
d. Adjourn Hearing
6. BOARD DISCUSSION AND POSSIBLE ACTION: Consider Variance Request #22-93000005
7. VARIANCE #22-93000004: Open a public hearing to consider Variance Request #22-93000006, a
request by Hannibal Almodovar, applicant and owner, for a variance to allow for a fourteen (14) foot
tall accessory structure, on a tract of land located at 310 N. 7th Street and legally described as Lots
10-13, Block 78, Town of La Porte, Harris County, TX.
a. Staff Presentation
b. Applicant Presentation
c. Public Comments (Limited to 5 minutes per person)
d. Adjourn Hearing
PHILLIP HOOT
Board Member Position 1
PAT MCCABE
Board Member Position 2 JOHN BLAKEMORE
Board Member Position 3
DENNIS OIAN
Board Member Position 4
NETTIE WARREN
Board Member Position 5
VACANT
Board Member Alternate 1
VACANT
Board Member Alternate 2
1
8. BOARD DISCUSSION AND POSSIBLE ACTION: Consider Variance Request #22-93000006
9. ADMINISTRATIVE REPORTS
10. BOARD COMMENTS on matters appearing on the agenda or inquiry of staff regarding specific
factual information or existing policy.
11. 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 SEPTEMBER 22, 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
2
Zoning Board of Adjustments
September 22, 2022 – Approval of Meeting Minutes
Approval of Meeting Minutes
a. July 28, 2022
3
Page 1 of 2
July 28, 2022, Zoning Board of Adjustments Meeting Minutes
MINUTES OF THE REGULAR MEETING OF THE
LA PORTE ZONING BOARD OF ADJUSTMENT
JULY 28, 2022
The Zoning Board of Adjustment of the City of La Porte met in a regular meeting on Thursday, July
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, Pat McCabe; Board Member, Philip
Hoot.; Board Member, Dennis Oian; Board Member, Nettie Warren; and Alternate Board Member, John
Blakemore.
Board Members absent None.
City Staff present: Teresa Evans, Planning and Development Director; Ian Clowes, City Planner; Clark
Askins, Assistant City Attorney; Clayton Price, 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, Pat McCabe; Board Member,
Philip Hoot.; Board Member, Dennis Oian; Board Member, Nettie Warren; and Alternate Board Member,
John Blakemore were present.
3. CONSIDER APPROVAL OF THE MEETING MINUTES:
a. Approve the minutes of the meeting held on April 28, 2022.
Board Member Oian moved to approve the meeting minutes; the motion was adopted, 5-0.
4. VARIANCE #22-93000003: Open a public 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 Lot 38, Block 1, Morgan’s Landing Section 8, 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 at 6:07 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.
PHILLIP HOOT
Board Member Position 1
PAT MCCABE
Board Member Position 2
ROD ROTHERMEL
Board Member Position 3
ZBOA Chairman
DENNIS OIAN
Board Member Position 4
NETTIE WARREN
Board Member Position 5 JOHN BLAKEMORE
Board Member Alternate 1
VACANT
Board Member Alternate 2
4
Page 2 of 2
July 28, 2022, Zoning Board of Adjustments Meeting Minutes
7. 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.
City Planner, Ian Clowes, presented the proposed variance request.
Applicant presented their proposal and explained their rationale for the request.
Mandi Williams, 11207 N Avenue H, spoke in favor of the request,
Tucker Grant, 1917 Lomax Dr., was not opposed to the fence but requested that it be constructed of
chain-link material.
8. ADJOURN PUBLIC HEARING: Public Hearing was adjourned at 6:28 PM.
9. CONSIDERATION:
Board members discussed the merits of the variance request.
Board Member Hoot made a motion to approve the requested variance with the condition that the fence
be constructed with chain-link or better; 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 6:33 PM.
___________________________________________
Ian Clowes, City Planner
___________________________________________
, Chairman
5
Zoning Board of Adjustments
September 22, 2022 – Variance #22-93000005
Planning and Development Department Staff Report
Variance – #22-93000005
DISCUSSION
Location:
The subject site is located at 11208 N. P St.
Background Information:
The applicant seeks approval of variance request #22-93000005 to construct a 12’-6” driveway
that is less than 4’ from an existing driveway next to this property. Per Section 106-835 Figure
10-2, the minimum spacing between residential driveways is ten (10) 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 Large Lot Residential (LL), and is located within the Lomax
general area. The lot is a flagpole shaped lot. The applicant has submitted building plans that
show the size and location of the proposed driveway.
The following table summarizes the surrounding zoning and land uses:
Zoning Land Use
North Large Lot Residential (LL) Single Family Residential
South Large Lot Residential (LL) Agricultural Use
West Large Lot Residential (LL) Single Family Residential
East Low Density Residential (R-1) 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 106-835 Figure 10-2, stipulates that spacing between residential driveways must be
located a minimum of ten (10) feet from existing driveways.
Analysis:
The applicant seeks approval of a single variance that would allow for the construction of a
driveway that is less than four (4) feet from the adjacent property’s driveway. This distance is six
(6) feet closer to the home than what is permitted by the City of La Porte’s Code of Ordinances.
The required spacing is in place to ensure there is a uniform spacing within the City of La Porte
and to prevent the encroachment of driveways.
6
Zoning Board of Adjustments
September 22, 2022 – Variance #22-93000005
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.
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
narrowness of the existing lot. Strict enforcement
of the code would prevent driveway access to the
property.
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
7
VALLEY VIEWP
SKY VIEW
BAY VISTA
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
SEPTEMBER 2022PLANNING DEPARTMENT
I
Legend
Subject Tract
Variance #22-93000005
11208 N. P St.8
R-1
LLD
VALLEY VIEWP
SKY VIEW
BAY VISTA
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
SEPTEMBER 2022PLANNING DEPARTMENT
I
Legend
Subject Tract
Variance #22-93000005
11208 N. P St.9
LL
LDR VALLEY VIEWP
SKY VIEW
BAY VISTA
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
SEPTEMBER 2022PLANNING DEPARTMENT
I
Legend
Subject Tract
Variance #22-93000005
11208 N. P St.10
VarianceApplication
PlanningandDevelopmentDepartment
PROJECTINFORMATION
AddresswhereVarianceisbeingrequested:
LegaldescriptionwhereVarianceisbeingrequested:
HCADParcelNumberwhereVarianceisbeingrequested:
ZoningDistrict:Lotarea:
AVariancerequestisherebymadetotheBoardofAdjustmentoftheCityofLaPorte.
DescriptionofRequest:
Attachedheretoisacompletelistingofthereason(s)whysuchVarianceshouldbegranted.
PROPERTYOWNER(S)INFORMATION
Name:
Company(ifapplicable):
Address:
City:State:Zip:
Phone:Email:
AUTHORIZEDAGENT(Ifotherthanowner)
Name:
Company(ifapplicable):
Address:
City:State:Zip:
Phone:Email:
OWNER(S)&AGENTCERTIFICATION
Iherebydeposeandstateunderthepenaltiesofperjurythatallstatements,proposalsand/orplanssubmittedwith/orcontainedin
thisapplicationaretrueandcorrectandtheapplicationiscompletetothebestofmyknowledgeandbelief.
Agent’sSignature:Date:
Owner(s)’Signature(s):Date:
STAFFUSEONLY:
DateApplicationReceived:
CaseNumber:
11208 N P ST LA PORTE TX 77571
TR 392C LA PORTE OUTLOTS
0231400000518
46,365
We intend to install a 12'-6" driveway to provide access to the existing property. The city ordinance requires a
10' distance between an existing driveway and a new one but in our case, the existing driveway next to this property
is less than 4' hence making our proposed driveway impossible.
BEN DEANDA
84522 ROSEMARY LN
HOUSTON TX 77093
713.284.2578 reliableinvestment@gmail.com
Moruf Jimoh
PermitUsNow LLC
720 Rusk St #223
Houston TX 77002
281.883.6886 moruf@permitusnow.com
Moruf Jimoh Digitally signed by Moruf Jimoh DN: cn=Moruf Jimoh, o=Moruf Jimoh, ou=Design and Construction Management,
email=moruf@permitusnow.com, c=US Date: 2022.08.08 15:59:30 -05'00'08.08.22
08.08.22
11
VarianceApplication
PlanningandDevelopmentDepartment
REASON(S)FORVARIANCEREQUEST
1.
2.
3.
4.
5.
We intend to install a 12'-6" driveway to provide access to the existing property. The city ordinance requires a
10' distance between an existing driveway and a new one but in our case, the existing driveway next to this property
is less than 4' hence making our proposed driveway impossible. Due to the site constraints, all we can propose is to comply
the required 3' distance from side lot line, install a 12'-6" driveway. Our overall access with is just 18'-6"
12
Zoning Board of Adjustments
September 22, 2022 – Variance #22-93000006
Planning and Development Department Staff Report
Variance – #22-93000006
DISCUSSION
Location:
The subject site is located at 310 N. 7th St. in the City of La Porte.
Background Information:
The applicant seeks approval of variance request #22-93000006 to allow a fourteen (14) foot tall
accessory structure. Per Section 106-741 (d), detached private garages, as defined, may be
twenty (20) feet in height, or the height of the principal structure, whichever is less. The principal
structure on site is only twelve (12) feet tall. The accessory structure was permitted in error and
has already been constructed. A code enforcement case has been opened and is pending the
outcome of the variance request. 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 Medium Density Residential (R-2). The following table
summarizes the surrounding zoning and land uses:
Zoning Land Use
North Medium Density Residential (R-2) Single Family Residential
South Medium Density Residential (R-2) Single Family Residential
West Medium Density Residential (R-2) Empty Lot
East Low Density Residential (R-1) 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 106-741 (d), stipulates that detached private garages, may be twenty (20) feet in height,
or the height of the principal structure, whichever is less.
Analysis:
The applicant seeks approval of a single variance that would allow for the current non-
conforming accessory structure that is fourteen (14) feet in height. The accessory structure
exceeds the height of the primary structure which is not permitted by the City of La Porte’s Code
of Ordinances. The required height is in place to ensure uniformity within the City of La Porte.
13
Zoning Board of Adjustments
September 22, 2022 – Variance #22-93000006
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.
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.
No hardship has been identified.
c. That by granting the variance, the spirit of this
chapter will be observed.
The spirit of this chapter will not 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
14
7THADAMS 6THHouston-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 = 60 feet
SEPTEMBER 2022PLANNING DEPARTMENT
I
Legend
Subject Tracts
Variance #22-93000006
310 N. 7th St.15
R-2
R-1
7THADAMS 6THHouston-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 = 60 feet
SEPTEMBER 2022PLANNING DEPARTMENT
I
Legend
Subject Tracts
Variance #22-93000006
310 N. 7th St.16
PI
LDR
7THADAMS 6THHouston-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 = 60 feet
SEPTEMBER 2022PLANNING DEPARTMENT
I
Legend
Subject Tracts
Variance #22-93000006
310 N. 7th St.17
22-93000006 08.25.2022
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Zoning Board of Adjustments
September 22, 2022 - Adjournment
Adjournment
a.Adjourn the meeting.
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