HomeMy WebLinkAbout06-26-1986 Regular Meeting ZBOA
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NINUTES OF THE
MEETING OF THE LA PORTE ZONING BOARD OF ADJUSTMENT
JUNE 26, 1986
1. The meeting was called to order at 7:00 P.M. by Chairman
Lawrence Farias \J
Member of the oard Present: Lawrence Farias, Jack Humphrey,
Deborah Bernay, ec il Kn ight \ J
Members of the Board Absent:~~ivian Covington,~eanne
Zemanek, Gladys Roth
Members of City Staff Present: Building Inspector Mark Lewis,
Assistant City Attorney John Armstrong
Others Present: Odis Freeman, Connie Dove, Imogen MacNeil,
Mrs. Martin, Jerry Shults
2. The Board considered approving the minutes of the meeting held
March 13, 1986.
Motion was made bv Cecil Knight to aDDrove the minutes of the
March 1j meeting. Second by Deborah Bernay. The motion
carried, 4 ayes and 0 nays.
Ayes:
Nays:
Farias, Humphrey, Bernay, Knight
None
3. The board considered the request of Odis Freeman for variance
to Section 13-205(3) of the La Porte Zoning Ordinance, for a
front yard fence.
Connie Dove, representing Mr. Odis Freeman, addressed the
Board regarding Mr. Freeman's request.
After questions from the Board, motion was made bv Deborah
Bernav that the variance be denied. Second by Jack Humphrey.
The motion carried, 4 ayes and 0 nays.
Ayes:
Nays:
Farias, Humphrey, Bernay, Knight
None
John Armstrong, Assistant City Attorney, advised that the next
line of appeal was to the Harris County Court, prosecuted
within 10 calendar days after the decision has been filed.
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Minutes, La Porte Zoning Board of Adjustment
June 26, 1986, Page 2
4. The Board considered the request of Imogen B. MacNeil for
variance to Section 13-201, Article 13, of the La Porte Zoning
Ordinance.
Mrs. MacNeil's daughter addressed the Board regarding this
request.
The Assistant City Attorney opined that this item was clearly
not a variance request; it should come before the Board as an
appeal of the determination of the Building Official. He
suggested that this item either be tabled and brought back
when the request could be appropriately framed for the Board
of Adjustment to make a decision it is competent to make, or
that the complaint be amended to reflect what actually needs
to be done for the Board to act upon.
Motion was made bv Deborah Bernav to overturn the decision of
the Building Official. Second by Jack Humphrey. The motion
carried, 4 ayes and 0 nays.
Ayes:
Nays:
Farias, Humphrey, Bernay, Knight
None
5. The Board considered the request of Jerry Shults for variance
to Section 11-105 of the La Porte Zoning Ordinance.
Mr. Shults addressed the Board regarding this item.
Motion was made bv Deborah Bernav to denv the variance
reauest. Second by Jack Humphrey. The motion carried, 4 ayes
and 0 nays.
Ayes:
Nays:
Farias, Humphrey, Bernay, Knight
None
6. There being no further business, the meeting was duly
adjourned.
Respectfully submitted:
Cherie Black for Jeanne Zemanek
Secretary to the Board of Adjustment
. .
Minutes, La Porte Zoning Board of Adjustment
June 26, 1986, Page 3
Passed & Approved this
28th day of August, 1986
Lawrence Farias, Chairman
CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
TO:
Planning & Zoning Board of Adjustments
DATE: 6/20/86
FROM: David A. Paulissen, Zoning Administrator
SUBJECT: Front Yard Fence - 3329 Bernard
Blk. 5; Lot 64; Spencer Highway Estates
Mr. Odis R. Freeman has asked that a variance be granted for
his front yard fence which is located at the address indicated
above.
By State Law a variance must be based on hardship as defined
by said law, i.e., 'Undo hardship that due to topography makes
Ordinance unenforceable'. This would not be the case on this
piece of property. Staff recommends that the variance NOT be
granted.
DAP/dsw
xc: John Armstrong, City Attorney
CITY OF LA PORTE
PHONE (713) 471-5020 . P. O. Box 1115 . LA PORTE. TEXAS 77571
CERTIFIED MAIL
liP 172 182 917
May 6,1986
Mr. Odis R. Freeman
3329 Bernard
La Porte, Tx. 77571
Re: Front Yard Fence - 3329 Bernard
Blk. 5; Lot 64; Spencer Hwy. Estates
Dear Mr. Freeman,
This letter is to confirm my telephone conversation of today with
your wife. I explained to her that your front yard fence is a
violation of Zoning Ordinance 1/ 780; Sect.13-305 (3). Your wife asked
if there was any way to keep this fence.
The only way the fence could remain would be for you to have a
variance granted by the Planning & Zoning Board of Adjustments. To
apply for such variance, you need to address a request to the Planning
& Zoning Commission Board of Adjustments, P.O. Box 1115, La Porte,
Texas 77571, Attention City Secretary. This request should state the
hardship that resul ts in your need of a front yard fence. A meet ing
would then be scheduled and you would be notified of the date, time and
place of the meeting.
Since you and your wife will be leav ing on vacation shortly, I
will allow you thirty (30) days to either remove the front yard fence
or apply to the Boa rd of Adjustments for a v ar ianc e. I f the Boa rd
denies your variance request and if the fence is not removed 7 the
matter will be taken to Municipal Court. Please feel free to give me a
call if you have any questions.
Respectfully, ~
Utt~ 2J~lV!~
Debra S. Wilmore
Building Inspector
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CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
TO:
P & Z Board of Adjustments
DATE: 6/20/86
FROM:
David A. Paulissen, Zoning Administrator/Building Official
SUBJECT:
Mrs. Imogen B. Mac Neil's Request for Variance to Section
13-201(13) of City Zoning Ordinance #780
Bayshore Block; Lots 7,8; Bayshore Park
This property comprises the Seabreeze Sailing Center and the residence
and property located to the north side of the sailing center. The fenced
pasture in question is located adjacent to the Bayshore Street right-of-way.
Section 13-201 regulates allowable uses of residentially zoned property.
Article 13 reads as follows:
(Allowable uses are) "Farms, truck gardens, orchards, and nurseries for
the growing of plants, shrubs, and trees provided no retail or wholesale
business sales office is maintained on the premises and provided further
that no poultry or livestock other than other household pets shall be
housed within one hundred (100) feet of any property lines."
Although the sailing center is a commercial use, the property it
occupies has never been commercially zoned. It is a legal pre-existing
non conforming use. As such it may be continued indefinitely (subject
to the restrictions of Section 11-105 of Ord. #780). However, property
uses not related to the sailing center are subject to residential
restrictions.
This property is large enough to house an animal over 100 feet from
any property line and as such there is no hardship, as defined by State
Law, involved.
Staff recommends against granting a variance in this matter.
MSL/dsw
xc: John Armstrong, City Attorney
,.,.
..' :;:,
Board of Adjustment
c/o City Secretary
P.O. Box 1115
La Porte, Texas 77571
Application for variance to zoning ordinance regarding section
12-201 article 13.
In answer to Mr. Paulissen's interpretation of ordance
I respectfully summit the following;
I own lots seven and eight of Bayshore Block Bayshore Park
subdivision. This was established as co~~ercial property
before zoning went into effect.
Enclosed you will find a drawing of our fenced pasture area
(which I recently replaced and repaired) and an-:. existing horse
stall (built with city permit in 1959). I kept one or two hors~
in this area daily from 1959 through 1970. After ~ 'S'
one horse in the stall off and on during summers, on weekends, and
holidays.
In 1985 my daughter and I were both widowed. We have determined
that the easiest way for us to exist is to live together. Since
my grand children aged four and seven, have a pony, we need to
use the horse stall. It would be a severe hardship on us not to
be allowed to use this existing stable. All neighbor's houses
are located well over 100 feet away frOM the area so that the pony
will not be near anyone's home. We own the two lots directly
across the street. We have made every effort to make the area
attractive and invisible frOM the road by replacing old fence
with a wood privacy fence.
Sincerely,
Imogen B. Mac Neil
June 8, 1986
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CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
TO:
P & Z Board of Adjustments
DATE: 6/20/86
FROM:
David A. Paulissen, Zoning Administrator/Building Official
SUBJECT:
Jerry Shults' Requested Variance to Sect. 11-105 of
City Zoning Ord. #780 3300 Blk. of Bayer Street
Blk. 5; Lots 73,74; Spencer Highway Estates
This piece of property is located in the Spenwick area. There
are presently four (4) mobile homes located on these lots. None of
the four (4) homes are in habitable condition and none have been
occupied since late 1983 or early 1984.
Mr. Shults has stated his intentions are to repair the mobile
homes presently located on this site and use them for rental property.
He has also requested a variance to Section 11-105 of Ord. #780.
This section deals with the discontinuance of non-conforming uses.
It reads as follows:
"If a nonconforming use of any structure or premises is
discontinued for a period of one (1) year, the use of the same
shall thereafter conform to the requirements of the district in
which it is located. The Board of Adjustments shall have the
power to grant an extension not to exceed six (6) calendar
months when warranted by, evidence presented."
This request is presumably so Mr. Shults can operate this property
as a mobile home park. This would allow him to replace the existing
homes on this site with different ones.
As to Mr. Shults' stated request to repair the existing homes,
there is no Ordinance conflict and he is free to proceed with repairs
subject only to normal building permit requirements.
In regards to his variance request, both the twelve (12) month
period of discontinuance and the six (6) month extension period have
expired. For this reason Staff feels NO variance should be granted
in this matter.
Mr. Shults is however, free to request a formal re-zoning of this
property to "Industrial" which, if granted, would allow him to apply
for a special use permit for a mobile home park.
MSL/dsw
xc: John Armstrong, City Attorney
\,
April 29, 1986
,.
To the honorable council of the Ci ty of La Por t e, Texas. Please'
allow me, Jerry Shults to preface this correspondence by statin~;
that I in no manner intend to disrupt any on going business, CalJSe
any ill feelings or produce extra work for any council melllbers
who might be involved. Very simply stated, this is lilY attempt to
create a positive and profitable situation for all illvolvcd partj.t~:;.
The situation I refer to is the lots 73 and 74 in block five
(5), of Spencer Highway Estates, Harris County, Texas, plat recorded
..
in Volume 38, at Page 57, of the Map Records of Harris County,
Texas. La Porte water .records reveal that last service to the above
property was in approximately Jan 1, 198~ 27 months ago. City
ordinance 780 deals with the subject matter of restoration of
properties and buildings which have been vacant for a specific
period of time, 12 months I beli~ve is the limit. The property In
mention has been vacant for 27 months, a difference of only 15
months.
The issue I beg to plea ~ith the council is this 15 months.
The property is now in possession of Galena Park State Bank.
Bank personnel have never even seen the property. It is also
common knowledge that the bank has encountered unanticipated
complications in selling the property. The complication arise
specifically from City Ordinance 780, which I [eel is basically
well written and a beneficial ordinance which is interided for the
. betterment of the City of La Porte. However, it is my belief tlwt
in this particular instance that a 15 month extension to the
ordinance 780 would be in the best interest of the City of La Purtl'.
. This is a rare case when all parties can benefit, all parties being
La Porte, the Bank, and myself, with just a little extra effort, and
without this concerted effort the situation will remain status quo.
The status quo option will leave the property unimproved, unmowed
and generally uncared for, an eyesore and a possible hazard for
surrounding residence. Status quo will also leave the bank with
real estate that cannot be sold simply because without the restora-
tion of the existing homes, the property itself is not worth what
is owed on it. The banks policy on ORE is to put no capitol into
improvements of the property. It is quite concievable that the
property could remain, in the identical condition, or worse, for
years, possibly until real estate prices rise considerably,beyond
even ,the most optimistic predictions of 3 to 5 years. In addition,
wi thout inhabi tants, the Ci ty of La Porte will lose revenues from
water usage as well as taxes due to land improvements.
It is my belief, and commitment to City of La Porte, that the
houses can and will be completely restored and liveable at a rate
of one house per seven week period. A total span of only 28 weeks
is necessary to totally restore the property and homes. It is my
intention to paint, patch, mow and completely restore the property
and homes to a like new condition. Adequate financing is available
to complete the entire project in 28 weeks or less. A letter of
commitment can be provided as proof if necessary. I will be more
than willing to work closely with each department of inspection
and will meet or exceed all city codes and standards expected of
me. Without restoration the property is of no value to me, so my
motivation for completion is obvious.
In conclusion to council please let me state again that I mean
no harm and hope to cause no inconvenience to anyone. I do feel,
however, that my plea and offer is a "no lose" proposition for the
City of La Porte for the state and condition of the property can
only be improved upon. I do wish that my willingness to please
.
the inspectors, the City and the residences of Bayer street will
be considered when making your decision. Basically, I am asking
council only for a chance.
SderelY ( tt
Jerr:1hQ~~
, .
April 30, 1986
I, Jerry Shults, formaly request a hearing before the La Porte
Zoning Board of Adjustments.
Sincerely,
Jerry Shults