HomeMy WebLinkAbout03.23.2023 ZBOA Meeting PacketLA PORTE ZONING BOARD OF ADJUSTMENT AGENDA
THURSDAY, MARCH 23, 2023
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 January 26, 2023.
4.VARIANCE #23-93000001: Open a public hearing to consider Variance Request #23-93000001, a
request by Reynaldo Villanueva, applicant; on behalf of Stephanie Villanueva, owner; for a Variance
to allow for a fence to be located in the front yard in the R-1 zoning district, on a tract of land located
at 902 River Creek Ln. and legally described as Lot 1, Block 17, Creekmont 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 Variance Request #23-93000001.
6.ADMINISTRATIVE REPORTS
7.BOARD COMMENTS on matters appearing on the agenda or inquiry of staff regarding specific
information or 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.
PHILLIP HOOT
Board Member Position 1
PAT MCCABE
Board Member Position 2
JOHN BLAKEMORE
Board Member Position 3
DENNIS OIAN, CHAIRMAN
Board Member Position 4
NETTIE WARREN
Board Member Position 5
JON WILLIS
Board Member Alternate 1
FRANK NANCE
Board Member Alternate 2
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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 MARCH 23, 2023, 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
March 23, 2023 – Approval of Meeting Minutes
Approval of Meeting Minutes
a.January 26, 2023
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Page 1 of 2
January 26, 2023, Zoning Board of Adjustments Meeting Minutes
MINUTES OF THE REGULAR MEETING OF THE
LA PORTE ZONING BOARD OF ADJUSTMENT
JANUARY 26, 2023
The Zoning Board of Adjustment of the City of La Porte met in a regular meeting on Thursday,
January 26, 2023, 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, Dennis Oian; Board Members, Pat McCabe; John Blakemore; Phillip
Hoot, Nettie Warren and Alternate Board Members, Jon Willis and Frank Nance.
Board Members absent: None.
City Staff present: Teresa Evans, Planning and Development Director; Clark Askins, Assistant City
Attorney; Ian Clowes, City Planner; Clayton Price, Planning Technician.
1.CALL TO ORDER: – Chairman Oian called the meeting to order at 6:00 p.m.
2.ROLL CALL OF MEMBERS: – All members were present.
3.CONSIDER APPROVAL OF THE MEETING MINUTES:
a.Approve the minutes of the meeting held on October 27, 2022.
Board Member McCabe moved to approve the meeting minutes; the motion was adopted, 5-0.
4.SPECIAL EXCEPTION #22-93000007: Open a public hearing to consider Variance Request #22-
93000007, a request by Martin Armando Macias-Gonzalez, applicant and owner, for a Variance to
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 Lot 240, Block 14, Spenwick Place Section 2, Harris
County, TX.
City Planner, Ian Clowes, presented the proposed variance request.
Martin Macias-Gonzalez and Patricia Gardner, 9601 Belfast Ln., applicant and owner, spoke in favor of
the variance and provided information regarding the need for the request.
5.ADJOURN PUBLIC HEARING: Public Hearing was adjourned at 6:13 PM.
6.CONSIDERATION:
Board members discussed the merits of the variance request.
PHILLIP HOOT
Board Member Position 1
PAT MCCABE
Board Member Position 2
JOHN BLAKEMORE
Board Member Position 3
DENNIS OIAN, CHAIRMAN
Board Member Position 4
NETTIE WARREN
Board Member Position 5
JON WILLIS
Board Member Alternate 1
FRANK NANCE
Board Member Alternate 2
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Page 2 of 2
January 26, 2023, Zoning Board of Adjustments Meeting Minutes
Board Member Hoot made a motion to approve the requested Variance; the motion was adopted 5-0.
7. ADMINISTRATIVE REPORTS:
None.
8. 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 Oian adjourned the meeting at 6:16 PM.
___________________________________________
Ian Clowes, City Planner
___________________________________________
Dennis Oian, Chairman
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Zoning Board of Adjustments
March 23, 2023 – Variance #23-93000001
Planning and Development Department Staff Report
Variance – #23-93000001
DISCUSSION
Location:
The subject site is located at 902 River Creek Ln. in the City of La Porte.
Background Information:
The applicant seeks approval of variance request #23-93000001 to allow 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 a front 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 applicant is requesting to build a fence that would extend from their rear yard all the way to
their front property line to act as a screening barrier between them and their neighbor to the
north.
The site area is currently zoned Low Density Residential (R-1). The following table summarizes
the surrounding zoning and land uses:
Zoning Land Use
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 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 106-791 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.
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Zoning Board of Adjustments
March 23, 2023 – Variance #23-93000001
Analysis:
The applicant seeks approval of a variance that would allow for the construction of a fence
running along their northern property line that would extend into the required front yard. A fence
located within the required front yard is not permitted per the City of La Porte’s Code of
Ordinances. The fence requirements are in place to ensure uniformity throughout the City of La
Porte.
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 could impact the site
visibility triangle of the adjacent driveway to the
north.
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 at this time.
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
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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 = 62 feet
MARCH 2023PLANNING DEPARTMENT
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Legend
Subject Tract
Variance#23-93000001
902 River Creek
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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 = 62 feet
MARCH 2023PLANNING DEPARTMENT
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Legend
Subject Tract
Variance#23-93000001
902 River Creek
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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 = 62 feet
MARCH 2023PLANNING DEPARTMENT
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Legend
Subject Tract
Variance#23-93000001
902 River Creek
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Zoning Board of Adjustments
March 23, 2023 - Adjournment
Adjournment
a. Adjourn the meeting.
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