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Home My WebLink About10.27.2022 ZBOA Meeting Packet PHILLIP HOOT NETTIE WARREN Board Member Position 1 Board Member Position 5 PAT MCCABE JON WILLIS Board Member Position 2 Board Member Alternate 1 JOHN BLAKEMORE FRANK NANCE Board Member Position 3 Board Member Alternate 2 DENNIS OIAN, CHAIRMAN Board Member Position 4 LA PORTE ZONING BOARD OF ADJUSTMENTAGENDA THURSDAY, OCTOBER 27, 2022 REGULAR MEETING6 P.M. CITY COUNCIL CHAMBERS LA PORTE CITY HALL, 604 WEST FAIRMONT PARKWAY, LA PORTE, TEXAS, 77571 Toattendremotely,jointheZoommeetingonlineat : https://us02web.zoom.us/j/87270844081?pwd=Y1FNL1UwaXFaMG9vY1VWenRVNTRjZz09 Todial in,call877-853-5257or888-475-4499andusethemeetingID872 7084 4081,passcode 616516. 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 September 22, 2022. 4.SPECIAL EXCEPTION#22-94000001:Open apublic hearing to consider Special Exception Request #22-94000001, a request by TajudeenOlajuwon, applicant and owner,for a special exception to allow for a reduction of the required rear setback in the R-1 zoning district, on a tract of land located at 10620 Deaf Smith St.and legally described as Lots 301 and 302, Block 6, Battleground Estates Sec. 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 Special ExceptionRequest #22- 94000001. 6.ADMINISTRATIVE REPORTS 7.BOARDCOMMENTSon matters appearing on the agenda or inquiry of staff regarding specific factual information or existing policy. 8.ADJOURN A quorum of City Council members may be present and participate in discussions during this meeting; however, noaction 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 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 OCTOBER 27, 2022Zoning Board of Adjustmentsmeetingagenda 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 October 27, 2022Approval of Meeting Minutes Approval of Meeting Minutes a.September 22, 2022 3 PHILLIP HOOT DENNIS OIAN Board Member Position 1 Board Member Position 4 PAT MCCABE NETTIE WARREN Board Member Position 2 Board Member Position 5 JOHN BLAKEMORE VACANT Board Member Position 3 Board Member Alternate 1 VACANT Board Member Alternate 2 MINUTES OF THE REGULARMEETING OF THE LA PORTE ZONING BOARD OF ADJUSTMENT SEPTEMBER 22, 2022 The Zoning Board of Adjustment of the City of La Portemet in aregularmeetingon Thursday, September 22, 2022,at the City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at6:00p.m., with the following in attendance: Board Memberspresent:Board Member,Dennis Oian;Board Member, Pat McCabe;Board Member, Nettie Warren; andBoard Member,John Blakemore Board MembersabsentNone City Staffpresent: Ian Clowes,City Planner; Clark Askins, Assistant City Attorney; Clayton Price, Planning Technician 1.CALL TO ORDER:Assistant City Attorney Clark Askinscalled the meeting to order at 6:01p.m. 2.ROLL CALL OF MEMBERS:Board Member, Pat McCabe;Board Member, Dennis Oian; Board Member, Nettie Warren; andBoard Member, John Blakemorewere present. 3.APPOINTMENT OF CHAIRPERSON: Board Member Blakemore made a motion to appoint Dennis Oian as Chairman; the motion passed, 4-0. 4.CONSIDER APPROVAL OF THE MEETING MINUTES: a.Approve the minutes of the meeting held on April 28, 2022. Board MemberMcCabemoved to approvethemeeting minutes; the motion was adopted, 4-0. 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. City Planner, Ian Clowes,presented the proposed variance request. Henry Rubach, 11202 N. P St. spoke in opposition to the proposed variance request. 6.ADJOURN PUBLIC HEARING: Public Hearing was adjourned at6:16PM. 7.CONSIDERATION: Board members discussed the merits of the variance request. Page 1of2 4 September 22, 2022,Zoning Board of AdjustmentsMeeting Minutes Board MemberBlakemoremade a motion to approve the requested variance; the motion was adopted, 4-0. 8.VARIANCE #22-93000006:Open a public hearing to consider Variance Request #22-93000004,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. City Planner, Ian Clowes, presented the proposed variance request. Ryan Matthis, 712 S. Lobit, spoke in favor of the proposed variance request. 9.ADJOURN PUBLIC HEARING: Public Hearing was adjourned at6:25PM. 10.CONSIDERATION: Board members discussed the merits of the variancerequest. Board Member McCabemade a motion to approve the requested variance; the motion was adopted, 4- 0. 11.ADMINISTRATIVE REPORTS: None. 12.BOARDCOMMENTS 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 Oianadjourned the meetingat6:28PM. ___________________________________________ Clayton Price,Planning Technician ___________________________________________ Dennis Oian, Chairman Page 2of2 5 September 22, 2022,Zoning Board of AdjustmentsMeeting Minutes Zoning Board of Adjustments October 27, 2022Special Exception #22-94000001 Planning and Development DepartmentStaff Report Special Exception #22-94000001 DISCUSSION Location: The subject site is located at10620 Deaf Smith. Background Information: The applicant seeksapproval of Special Exception request #22-94000001to allow for a decrease in the required rear setbacksfor a proposed single-family residence. Per Section 106- 333,a single-familydetached residence requiresafifteen (15) footsetbackfrom the rear property line.The applicant is requesting a reduction of the rear setbacks to five (5) feet. Section 106-191 (b)(2)b.stipulates a special exception for rear yard requirements to be granted ifthe actual rear yard setback of any four or more lots in the same block does not meet the rear yard requirements of these regulations. Analysis through GIS has shown four (4)lots within the same block to have a setback of approximately five (5) feet from the lot line.Additionally,two (2) lots within the same block have a rear setback of approximately ten (10) feet. The 0.25-acresite is currently zoned Low Density Residential (R-1) andislocated within the Battlegrounds Estatessubdivision. The following table summarizes the surrounding zoning and land uses: ZoningLand Use Low Density Residential(R-1)Single Family North Low Density Residential (R-1)Single Family South Low Density Residential (R-1)Single Family West Low Density Residential (R-1)Single Family East Notification Requirements: Staff finds that the public hearing notification requirements outlined in Section 106-194were 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 asignwas posted on site within ten (10)days of the hearing. In accordance with state law, anotice of the Applicable Code Provisions: Section 106-333,stipulates that a single-familyresidence requires afifteen (15) feet rear setback. 6 Zoning Board of Adjustments October 27, 2022Special Exception #22-94000001 Analysis: The applicant seeksapproval of a special exceptionthat would allow forthe construction of two individual single-family residenceswith a five (5) feet rear setback. Section 106 enumerated herein, which shall be granted only in the following instances, and then only when the board finds that such special exception will not adversely affect the value and use of adjacent or neighboring property or be contrary to the best public interest. of those criteria: Criterion:Staff Finding: a.That the granting of the special exceptionwill The granting ofthis special exception to the not be contrary to the public interest.applicant would be in line with adjacent neighbors. b.That by granting the special exception, the Thespirit of this section of the codewill be met with spirit of this chapter will be observed.the granting of the requested special exception. 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 thedecision in the office of the Board of Adjustment. ATTACHMENTS Exhibit A:AreaMap Exhibit B:Zoning Map Exhibit C:Application 7 8 R BO SNI NO NOSNI BOR 9 R BO SNI NO NOSNI BOR 10 R BO SNI NO NO SN IB OR 11 12 13 14 Zoning Board of Adjustments October 27, 2022-Adjournment Adjournment a.Adjourn the meeting. 15