HomeMy WebLinkAbout03-24-83 Regular Meeting of the La Porte Board of Adjustment
MINUTES
OF THE
LA PORTE ZONING BOARD OF ADJUSTMENT
MARCH 24, 1983
1. The meeting was called to order by Chairman Grant at 7:04 P.M.
Members of the Board Present: Sidney Grant, Linda Mains,
Morris Rose, Bill Thompson
Members of the Board Absent: John Albanese
Members of the City Staff Present: City Secretary Betty
Waters, Assistant City Attorney John Armstrong, Chief
Building Official David paulissen
2. The Chairman established a quorum present.
3. The Chair called on the Assistant City Attorney to review
with the Board and those present the applicable law to pro-
vide for such a "Special Exception" as requested here tonight.
Armstrong read directly from the City of La Porte Zoning
Ordinance, Section 16-201
4. The Chair called on the Chief Building Official David paulissen
to state the technical aspects of achieving the purpose set
by Mr. McDuff. paulissen's report is a part of the official
minutes.
5. The Chair asked that all who wish to address the request be-
fore the Board rise and be sworn by the Secretary.
6. The Chair called on Mr. McDuff to come forward to review for
the Board the project he proposes to build. Mr. McDuff
introduced his archi teet,' Ricardo Canzler, who reviewed the
projects built by McDuff in other cities. McDuff then showed
films of his subdivision in Pasadena.
L. H. Glover - Owner of property under discussion stated
Mr. McDuff does have an option to buy.
The Chairman asked if there were any others wishing to speak
in favor of this development. There were none.
The Chairman then called on Mr. Guy Sutherland who wished to
speak against the proposal before the Board.
Mr. Sutherland referred to the absence of parks and sidewalks
in this subdivision. He stated he had a great concern for
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Minutes, La Porte Zoning Board of Adjustment
March 24, 1983, Page 2
what he felt was the great turnover in this kind of develop-
ment. High density will add to my tax burden by requiring
more police protection, more wear and tear on my streets and
more garbage.
Morris Rose questioned how near Sutherland lived to the pro-
posed development. Sutherland stated he lived about 1200
feet from the site.
The Chairman called on Jerry Dennis, 10418 North "P". Dennis
submitted the signatures of twenty-two (22) persons requesting
the Board to refuse the request before them. He further
stated he felt this kind of construction should be put in a
specially zoned area for high density housing. Dennis
stated he owned his home almost across the street from the
proposed site and he realized the interest of the developer
to make a more than fair return on his investment.
Alice Dennis expressed her feeling in opposition to the
lowering of the quality of living in the area.
Mary Kay Jaubert stated she had great concern with several
aspects of this development - fire hazards, the lack of parks.
She presented a petition signed by forty-four (44) residents
requesting the Board to refuse this request to reduce lot
size.
Edra Blackwell brought to the Board's attention the fact that
for years the legal lot size was a 75 foot lot. This was
changed when the consolidation took place to 60 feet and now
we are hearing a request for change to 30 foot wide lot width.
She referred to the fact that just up the street a subdivi-
sion containing 100 homes is under construction, already
adding strain on the streets, water and sewer and the school.
Mrs. Blackwell stated she and her husband had visited the
subdivision built by McDuff on Avenue A in South Houston.
She stated she had not seen the same things in his film. She
saw a lot of cars, a lot of kids and a lot of low-cost living
in that subdivision. She had had her house robbed and felt
such a subdivision would add to the burden to the law enforce-
ment of our city. Once you build this kind of housing it
always disintegrates into low-income housing.
The Chairman reviewed questions by those who spoke in opposition:
The quality of the homes?
Yes, a smaller house but quality workmanship with 1050 sq. ft.
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Minutes, La Porte Zoning Board of Adjustment
March 24, 1983, Page 3
What about fire protection?
True, they are on smaller lots, but there is a greater
space between the houses than required.
How many doors?
There are two, as required.
How many acres in the tract?
Approximately 14.05
McDuff displayed a preliminary plot plan showing planned
park sites and such showing 118 lots.
paulissen stated the homes he has observed meet or exceed
the Southern Building Code requirements and the City Ordi-
nance requires sidewalks but cannot require parks.
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The Chair closed the participation by those present.
The Chair called on Morris Rose to pose any questions he might
have and make any comments. Rose asked for a clarification
from the attorney as to the topography of the land in question.
Armstrong read Sec. 16-201 from the Zoning Ordinance. Rose
stated he could not go along with this project.
The Chair called on Linda Mains. She stated she was in favor
of low cost housing but could not vote for this request due
to the fact that there is adequate space for development
under the standard requirements of all Codes and Ordinances
of the City.
The Chair called on Bill Thompson, who stated he could not
vote for granting the requested variance due to the fact
that nothing prohibited development of this particular tract
of land in accord with present ordinances.
Chairman Grant stated he was very favorably impressed with
the proposed development he had seen. However, this is an
autonomous board and the only appeal from this board is in
the County Court. An issue of this magnitude, in my esti-
mation, belongs on the shoulders of the elected officials of
this City so that it gives all the citizens of this City an
opportunity to reflect their thoughts. Now there are vehicles
for that in the City mechanism. In my view, this is not the
proper vehicle for that because we have opinions from the
City Attorney that say that if we were to approve this it is
only the first step. It still has to go to a couple of other
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Minutes, La Porte Zoning Board of Adjustment
March 24, 1983, Page 4
boards to get action. I see this as an exercise in futility.
I don't think that this Board should approve this issue be-
cause of the fact there is no recourse except through the
Courts. Whereas, the other avenue that is open to any
developer is to approach through the other vehicles that's
open to them in the City and that brings to bear the elected
officials of the City, which is where this properly lies, as
far as I am concerned. Are there any other statements from
the Board or any questions?
The Chair then called for the motion.
Motion was made by Morris Rose to deny the granting of the
"Special Exception" as requested by Mr. Gary McDuff. Second
by Linda Mains. The motion carried, 4 ayes and 0 nays.
Ayes:
Nays:
Morris Rose, Linda Mains, Bill Thompson, Sidney Grant
None
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Grant then informed McDuff he would be advised by letter of
the Board's decision.
There being no further business to come before the Board, the
meeting was duly adjourned at 8:30 P.M.
Respectfully submitted:
Linda Mains
Secretary
Passed & Approved this
the day of
, 1983
Sidney Grant, Chairman
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