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HomeMy WebLinkAbout11-17-81 Regular Meeting of the La Porte Board of Adjustment MINUTES OF THE REGULAR MEETING OF THE BOARD OF ADJUSTMENT NOVEMBER 17, 1981 1. Call to order by Chairperson Grant at 7:00 P.M. Members of the Board Present: Sidney Grant, Andy Wilson, John Albanese Members of the Board Absent: Bill Thompson, Pam Brieden Alternates Present: Linda Mains There were 6 persons present: Mark Lewis, City Official (Code Enforcement); Leon Marks, Case No.3; Michael Marks; Francisco Ibarra, Case No.4; Jesse Garcia, Case No.5; S. "Rocky" Hrachovy, Case No.6. A memorandum was read (a part of these minutes) advising the Board of the resignation of Pam Brieden. The Mayor appointed Linda Mains to fill the vacancy created by Brieden as a Regular Member of the Board of Adjustment. Andy Wilson was appointed to the position of Secretary to the Board of Adjustment. 2. The minutes of the October 19, 1981, meeting were read to those present. A motion was made by Albanese to approve and adopt the minutes as read. Seconded by Mains. The motion carried, 4 ayes and 0 nays. Ayes: Nays: Grant, Wilson, Albanese, Mains None 3. The Board considered the request of Leon Marks for a variance to construct a carport and porch cover at 705 South Nugent. Grant asked to waive swearing the person about to present his case to the Board. This met with Board approval. Grant: Mr. Marks, do you have anything to present to the Board concerning your request? Marks: No, sir. Wilson: I have a few questions; I want to make sure the facts in this letter I understand. This request to come before the Board was due to the action of David Pau1issen, it was not due to a neighborhood complaint, is that true? And the carport is standing? Minutes, Regular Meeting, Board of Adjustment November 17, 1981, Page 2 Marks: Yes, sir. Mains: when that company came out to talk to you about put- ting up the carport, did you discuss whether you had to have a permit? Marks: No, I don't believe it was mentioned. Albanese: Mr. Lewis, have you had any problems in the past with this builder? Lewis: I am not aware of any. him do anything else in town. I'm not sure we have ever had Grant: Does Code Enforcement have anything to offer at this time? Lewis: We have a memo which addresses itself to the next three items as well. Lewis read the memo (a part of these minutes). Code Enforce- ment recommended the variance be granted requiring the building permit be acquired within 10 days. Grant: Do I understand correctly, that your department is recommending these variances be granted? Lewis: Yes, sir. There are numerous carports throughout the older section of La Porte. Many of them were there prior to the passage of the Ordinance prohibiting them, so it is very difficult to tell which is legal and which is not. I person- ally don't think a well-built carport detracts from a neigh- borhood that doesn't have deed restrictions against them. Grant: Is there anyone here in opposition? No, there doesn't seem to be. Mains: Have any of you been out there? I drove down Nugent today, and this is a good-looking carport. Gran~: What is your pleasure on this case? Do we take action on this case tonight or do we go out to investigate and meet again in a few days? Wilson: I have just one question to ask Mark concerning this memo, then I will be happy to take some action. The recom- mendation is to allow the variance to be granted on the grounds that there are carports in the area. Is this the case on fences, too? Minutes, Regular Meeting, Board of Adjustment November 17, 1981, Page 3 Lewis: I would say this is carports. Fences, as in other cases, have their own individual problems. You really have to look at each item on its own basis. Wilson: I recommend we consider these cases this evening. I move that this request for variance to permit a carport and porch cover at 705 South Nugent be granted. Albanese: I second the motion. Grant: All in favor of granting the variance for Leon Marks? Ayes: Grant, Wilson, Mains, Albanese Grant: Against granting the variance? There were no nays. Grant: Mr. Marks, you will receive a notice to the effect that your variance has been granted, and within 10 days you should acquire a building permit. 4. Grant: Mr. Ibarra, do you have anything to say about your car- port? Ibarra: No, I don't have anything to add. Lewis: On this carport also, we recommend it be allowed to stand, but we do want to see some reinforcement done on it. Grant: Do you have specific recommendations on the construction of the carport? Lewis: Yes, sir. The joist that runs across the carport that the tin sits on, on top, are spliced. They should be replaced with a solid piece of wood. There should also be a more sub- stantial means of attaching it to the upright board. Grant: Would you write a detailed recommendation for repairs as they apply to this carport? Lewis: Yes, sir. Wilson: My only other question is, is there anyone here to voice a complaint? Grant: There doesn't seem to be one. Minutes, Regular Meeting, Board of Adjustment November 17, 1981, Page 4 Wilson: I make a motion to grant a variance for a carport at 318 South Brownell, requiring a building permit within 10 days granted upon the basis of Code Enforcement's require- ments to improve the construction. Albanese: I second the motion to grant the variance. Grant: All those in favor? Ayes: Grant, Wilson, Mains, Albanese Grant: Those opposed will vote nay. There being none, the motion carries. Mr. Ibarra, you will receive a notice to the effect that your variance has been granted and within 10 days you should acquire a building permit and make the required corrections to your carport. 5. Grant: We have a request for a variance by Jesse D. Garcia for a carport at 302 South Brownell. Mr. Garcia, do you have any- thing to add? Wilson: Is there anyone here to state anything concerning this complaint? Garcia: The complaint was that some of my neighbors wanted to build a carport and couldn't; that is why they say Jesse has one. Mine was built in 1970. Wilson: I don't have any questions. Mains: If we approve his, what's going to happen to his neigh- bors? Grant: They would have to come to this Board for a variance. John, do you have any comments? Albanese: No questions. Lewis: I have no comments; it's a beautiful carport. Grant: Do I hear a motion? Wilson; I make a motion to grant a variance for a carport at 302 South Brownell. Albanese: I second that motion. Grant: All in favor by stating aye. Minutes, Regular Meeting, Board of Adjustment November 17, 1981, Page 5 Ayes: Grant, Wilson, Mains, Albanese Grant: Any opposed will state nay. There being none, the motion carries. Mr. Garcia, you will receive a notice to the effect that your request for a variance has been granted and you must acquire a building permit within 10 days. 6. Grant: We have a request for a variance by S. "Rocky" Hrachovy to erect a four-foot chain link fence on the north and east side of lot 9 and lIon Reynold street in Crescent Shores. Mr. Hrachovy, do you have anything to state concerning your request? Hrachovy: I have just recently acquired this property. It is in a very isolated area. The lots next to me are overgrown and it is in a wooded area. The fence that is there is falling down and is of no value, as well as looks bad. The chain link fence would help to keep out the possum and other critters. When this area is developed I am willing to tear down the fence. I have permits to repair my carports. I am trying to fix up the place. Wilson: The letter you wrote was dated 11-5; the memo from David is dated 11-10, and the letter from the attorney is dated September 19, 1979. The letter from the attorney is on a completely unrelated case. Grant: Is that right? I didn't know it wasn't the same case. Wilson: I think this letter is in poor taste. Lewis: The letter was submitted because the attorney didn't want a precedent set. The letter is just meant as a clarifica- tion. Wilson: Let me ask about this last paragraph as to front yard fences existing prior to the passage of the Zoning Ordinance (letter a part of these minutes). I went to the Ordinance, page 11, 10-601, which carries over to line 5. I would like for everyone to read that section. Lewis: 13-205 says pretty expressly that front yard fences will not be permitted. Wilson: There is definitely a conflict within the Ordinance. What about the fence right across the street from the post office? Lewis: That fence has been around that house as far back as I can remember. There are several others around town. There is also the fact that the fire department is opposed to them. They Minutes, Regular Meeting, Board of Adjustment November 17, 1981, Page 6 do create a problem in case of an emergency. They also are prohibited by F.H.A. Grant: What other reasons can you give? Wilson: They do exist in La Porte. Lewis: We have denied others over the years. Mains: I am going to ask around. F.H.A. is our major type of financing right now, and I didn't know this was a considera- tion. Albanese: You have stated there are other fences in the neigh- borhood that were there before the area was annexed by La Porte. Hrachovy: The thing The house that need Right, but there are not many others in the area. is, it's a mess and I would like to clean it up. isn't much, but it is livable. It has wood windows replacement. Grant: I have a problem with this letter from the attorney. In the future, please mark anything that is not directly re- lated to the case as an example or some such marking. Lewis: I will make sure we do not have similar misunderstanding in the future. Grant: Rocky, you said other homes in the area have fences all the way around. Hrachovy: Yes, about four or five. Grant: Fact is, it's closed in on three sides. Hrachovy: Yes, on two sides with concrete blocks which children play on. Wilson: I am inclined to be in favor of it. I understand there are fences in the area as there are in other sections of La Porte. Does the Code Enforcement have any recommendations? Lewis: Yes. He could come from the front building line of his house and come across with a fence. He would have the bulk of his yard fenced although he would have a portion between this front building line and the street that wouldn't be fenced. He still has his existing front yard fence which is in existence, and we're not going to make him tear it down. Minutes, Regular Meeting, Board of Adjustment November 17, 1981, Page 7 Hrachovy: I'd like to tear it down. Lewis: Well, that's your option, depending on what the Board decides. We mayor may not be able to allow you to replace it if you tear it down. What I have proposed would still give him the majority of his yard in a fenced-in enclosure. Grant: What you just said is confusing. You said he has a nonconforming thing here and we are not going to do anything about it, and you go for a fence from here to across there and it's O.K., and your objection, if I understant, is F.H.A. and the fire department, and yet the fire department is screened out here totally, more so than if that was a four-foot fence (chain link). Lewis: Well, as Mr. Hrachovy said, he would like to tear the fence down. Now, I think it would be an excellent idea to tear it down, but since it is in existence, we are not going to re- quire him to tear it down. I am also going on the assumption that if it is in that bad a shape it's not going to last much longer. Nature is going to take its course. Grant: He could repair it for $99.00 at a time. Wilson: This has nothing to do with this particular case be- fore us. Grant: If I may, this is why this Board exists, is so we can put logic to isolated cases which are not and cannot be covered by one paragraph. I don't think it will be unusual for us to see something like this, nor will it be the last time we see something like this. I would like to see this Board take each case on its individual merits of that case, rather than what has gone on in the past 40 or 50 years or whatever. In this particular case, in the older part of La Porte there are a lot of white picket fences. To me they make the house very at- tractive, and make the neighborhood very attractive. I don't understand the thing about F.H.A. not wanting to finance those houses because in some cases it improves the house. Lewis: Where I have run into this is on new home construction. Grant: That's why the Board exists. If you go into a subdivi- sion like Fairmont Park where there are no fences in the front, a person coming for a front yard fence would have a very hard time to this Board, but you take the complexion of the neigh- borhood the house is in and see what it does to that. Wilson: I would support your comments. Should we approve this case, it should not be interpreted to mean anybody wanting a Minutes, Regular Meeting, Board of Adjustment November 17, 1981, Page 8 fence can feel all he has to do is go to the Board of Adjust- ment. It should not be interpreted that way. Mains: Considering where that house is, he couldn't be further back in the woods if he tried. I don't see that the fence will do any harm. I agree with Mark Lewis about the fire trucks; maybe a very large gate would help. Hrachovy: There will be a twelve foot gate. Mains: That would be the only concern I have. Grant: I understand that a fireman wants a clear shot at the fire, but I think a lot of us who work in these plants know you can fight a fire in very close quarters and you are able to control them. The fire department should be able to handle the problem through training methods. Wilson: If there is no other discussion, I will make a motion to approve the variance for a fence on lots 9 and lIon Reynold street in Crescent Shores for Mr. S. "Rocky" Hrachovy. Albanese: I will second the motion. Grant: All in favor will signify by saying aye. Ayes: Grant, Wilson, Mains, Albanese Grant: There are no nays, therefore the motion carries. Mr. Hrachovy, you will receive a notice to the effect that your request for a variance has been granted and you must acquire a building permit within 10 days. 7. Due to the appointment of Linda Mains to the Regular Board, action was taken by the Board to revise the alternate seating as follows: 1st alternate to be seated: 2nd alternate to be seated: 3rd alternate to be seated: Morris Rose George Van Dyke John Rivard 8. There being no further business to be brought before the Board of Adjustment, the meeting was duly adjourned at 8:09 P.M. Passed & Approved this the ~~y of #J Sidn~t, Chairperson ~at;y {;;~ Andy Wilson MEMORANDUM TO: CHAI RMAN AND THE MEMBERS OF THE BOARD OF ADJUSTMENT FROM: MAYOR J. ...T. MEZA SUBJECT: RESIGNATION OF PAM BRIEDEN I have received the resignation of Pam Brieden due to extenuating circumstances. This memo will serve to inform you I have accepted Pams resignation. I am appointing Linda Mains to replace Pam Brieden as a regular member of the Board of Adjustment J. J. Meza, Mayor City of La Porte