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Home My WebLink About01.26.2023 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, JANUARY 26, 2023 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/87943667806?pwd=OVJaWlVVZ1Vla043ZXF1aXFLN0FTUT09 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 October27, 2022. 4.VARIANCE#22-96000007:Open apublic hearing to consider VarianceRequest #22-96000007, a request by Martin Armando Macias-Gonzalez, applicantand owner,for a Varianceto allow for a fence to be located in the front yard in the R-1 zoning district, on a tract of land located at9601 Belfast Ln.and legally described as Lot240, Block 14,Spenwick Place 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 VarianceRequest #22-96000007. 6.ADMINISTRATIVE REPORTS 7.BOARDCOMMENTSon matters appearing on the agenda or inquiry of staff regarding specific informationor existing policy. 8.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 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 JANUARY 26, 2023Zoning 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 January 26, 2023Approval of Meeting Minutes Approval of Meeting Minutes a.October 27, 2022 3 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 MINUTES OF THE REGULARMEETING OF THE LA PORTE ZONING BOARD OF ADJUSTMENT OCTOBER 27, 2022 The Zoning Board of Adjustment of the City of La Portemet in aregularmeetingon Thursday, October 27,2022,at the City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 6:00p.m., with the following in attendance: Board Memberspresent:Board Members,Pat McCabe;John Blakemore;Phillip Hoot, and AlternateBoard Member, Jon Willis. Board MembersabsentChairman, Dennis Oian; Board Member, Nettie Warren, and AlternateBoard Member, Frank Nance. City Staffpresent: Teresa Evans, Planning and Development Director;Clark Askins, Assistant City Attorney; Clayton Price, Planning Technician. 1.CALL TO ORDER:Board Member Phillip Hootcalled the meeting to order at 6:00p.m. 2.ROLL CALL OF MEMBERS:Board Members,Pat McCabe;John Blakemore; Phillip Hoot, and Alternate Board Member, Jon Williswerepresent. 3.CONSIDER APPROVAL OF THE MEETING MINUTES: a.Approve the minutes of the meeting held on September 22, 2022. Board MemberMcCabemoved to approvethemeeting minutes; the motion was adopted, 4-0. 4.SPECIAL EXCEPTION#22-93000001:Open a public hearing to consider Special Exception Request #22-94000001, a request by Tajudeen Olajuwon, 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. Planning and Development Director,Teresa Evans,presented the proposed special exceptionrequest. Tajudeen Olajuwon, 9516 Masters Rd, applicant, spoke in favor of the special exception. Steven Forey, 10603 Deaf Smith, spoke against the special exception. 5.ADJOURN PUBLIC HEARING: Public Hearing was adjourned at6:23PM. 6.CONSIDERATION: Board members discussed the merits of the special exceptionrequest. Page 1of2 4 September 22, 2022,Zoning Board of AdjustmentsMeeting Minutes Board Member McCabemade a motion to approve the requested Special Exception; the motion failed due to a lack of second. Board Member Blakemore made a motion to deny the requested Special Exception; the motion failed due to a lack of second. No action was taken. 7.ADMINISTRATIVE REPORTS: None. 8.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. Board discussed the need for more information regarding the Special Exception. ADJOURN Phillip Hootadjourned the meetingat 6:40PM. ___________________________________________ Clayton Price,Planning Technician ___________________________________________ Dennis Oian,Chairman Page 2of2 5 September 22, 2022,Zoning Board of AdjustmentsMeeting Minutes Zoning Board of Adjustments January 26, 2023Variance #22-93000007 Planning and Development DepartmentStaff Report Variance #22-93000007 DISCUSSION Location: The subject site is located at9601 Belfast Ln.in the City of La Porte. Background Information: The applicant seeksapproval of variance request #22-93000007toallow for a fence to be located within the front yard.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 afront yard directly adjacent to the shoreline of Galveston Bay.The site in question is not zoned as residential large lot and is not located along Galveston Bay. The existinghomewas built with the front entry to the home facing Crandall Rd. Though the property is addressed on Belfast Ln., the layout of the home defines the front yard as being along CrandallRd. The applicant built a fence without permits that extends out to the property line along Crandall Rd. whichputs it well within the required front yard area. The site area is currently zoned Low Density Residential(R-1).The following table summarizes the surrounding zoning and land uses: ZoningLand Use Low Density Residential(R-1)Single Family Residential North Low Density Residential (R-1)Single Family Residential South Low Density Residential(R-1)Single Family Residential West Low Density Residential(R-1)Single Family Residential 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 106-791 stipulates 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. 6 Zoning Board of Adjustments January 26, 2023Variance #22-93000007 Analysis: The applicant seeksapproval of a single variance that would allow for the current non- conformingfence located in the front yard to be permitted. The fence locatedwithin therequired front yard isnot permitted perThe fence requirements arein place to ensure uniformity throughoutthe City of La Porte. 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 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. b.That literal enforcement of this chapter willNo official hardship has been identified at this time. 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. c.That by granting the variance, the spirit of thisThe spirit of this chapter willbe 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 thedecision in the office of the Board of Adjustment. ATTACHMENTS Exhibit A:AreaMap 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 January 26, 2023-Adjournment Adjournment a.Adjourn the meeting. 16