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Home My WebLink About10-30-1986 Regular Meeting ZBOA i \\ MINUTES OF THE LA PORTE ZONING BOARD~OF~ADJUSTMENT / ., OCTOBER 30, 1986 1. The meeting was called to order by Secretary Jeanne Zemanek at 7:00 P.M. Members of the Board Present: Jack Humphrey, Cecil Knight, Gladys Roth, Jeanne Zemanek, Deborah Bernay, new member James Parson Members of the Board Absent: Vivian Covington Members of Citv Staff Present: Mark Lewis, Building Inspector; John Armstrong, Assistant City Attorney Others Present: Mr. and Mrs. Michael Heinzen; Mrs. Helen McFerrin 2. The oath of office was given to new member James Parson by the Assistant City Attorney. 3. The Board considered electing a Chairman. Gladvs Roth nominated Jeanne Zemanek for chairman. Second by Deborah Bernay. There were no other nominations and the vote carried, 6 ayes and 0 nays. Ayes: Humphrey, Knight, Roth, Zemanek, Bernay, Parson Nays: None Deborah Bernav nominated Jack Humphrev for vice chairman. Second by Gladys Roth. There were no other nominations and the vote carried, 6 ayes and 0 nays. Ayes: Humphrey, Knight, Roth, Zemanek, Bernay, Parson Nays: None Jack Humphrev nominated Gladvs Roth for secretary. Second by Deborah Bernay. There were no other nominations and the vote carried, 6 ayes and 0 nays. Ayes: Humphrey, Knight, Roth, Zemanek, Bernay, Parson Nays: None 4. The Board considered the request of Michael and Laura Heinzen, 4921 Creekview, for a special exception to residential yard set back requirements. Plarming and Zoning Conmision Sherry Black P.O. 1115 La Porte, Tx. 9-17-86 Ms. Black, I was recently infonned that my deck, spa and cover were in violation of a city zoning code. I would like to appeal this decision to the proper authorities. The cover supports \'7ere fotmd to be 4 inches to close to the fence line according to city code. It was stated that these supports must be moved for the project to be in accordance with city code. My total investment in materials and labor is approximately $9000.00 on the entire project. The project is 1/2 day fran completion. To move the supports as requested would call for major reconstruction of the entire deck and cover and possibly noving the spa itself. The expense of this type of demolition and reconstruction would be very high. Because of ~T initial investment, I would be tmable to correct this situation due to the financial responsibilities. The structure does not lie on a city easement and does not physically obstruct the fence line. I can only ask that the structure be allowed to stand as it is. Please give consideration to the time, expense and effort which has been put forth. Thank you for any consideration which you may be able to give this matter. Sincerely, .--:2/? ~ ~ L . / (/' 7';:' ';"C';;7C:--) />",,,C'/d.?.c:( ~" //V.e/.' O. Michael C. Heinzen 4921 Creekview Dr. La Porte, Tx. 77571 471-9124 THE STATE OF TEXAS COUNTY OF HARRIS AFFIDAVIT OF FACTS I, the undersigned, hereby certify that William Frederick Wurst I am the owner of the property described as Lot Twelve (12), Block Fifteen (15), GLEN MEADOWS SUBDIVISION, SECTION TWO (2), as recorded in the Map Records, Volume 288, Page 108, Harris County, Texas. And that my property lies directly next to Michael C. & laura J. Heinzen's property being lot Thirteen (13), Block Fifteen (15), and that their recent decking and spa cover in no way extend onto my property. Also, that the spa cover is a slatted (or lattice) cover and does not harm either myself or my property in any way. We have had substantial rainfall since the cover has been erected, and the rainfall does not run off into my yard since the cover does not have a actual roof on it, only slats. Therefore, the rainfall stays in the Heinzen's yard. I do not object to the decking and spa cover staying where it is, as it in no way interferes wi th my interests or extends onto my property. ~~~~~~ ? William Frederick Wurst Subscribed and sworn to before me this 19 86 . 23rday of September , 'fq0~ ~T (j SEAL Faye Young Printed name. Notary Public in and for the State of Texas. Ga 1 veston County. My comission expires 9-19-88 1 ~ .' , 'j , , CITY OF LA PORTE INTER OFFICE MEMORANDUM TO: SUBJECT: ::::n~::i~g Special exception Creekview Board of Adjustments FROM: request by Michael & Laura Heinzen for 4921 DATE: October 20, 1986 This request is for a special exception to the residential yard set back requirements for City ordinance 780. Under the terms of this ordinance, the Board of Adjustments may grant a special exception under the following conditions. Section 16-201 (1): [The Board may] permit such modifications of the height, yard area, spacing and parking regulations as may be necessary to secure appropriate development of a parcel of land of such unusual topography or restricted area and shape that it cannot be appropriately developed without such modification. The Heinzen's have installed a hot tub and built a gazebo to cover it. They had this work done without first checking with the City and securing a permit. As they are presently located the hot tub and gazebo encroach into a required side yard set back area. Yard set backs are regulated by Section 13-204 (2) of Ordinance 780-RR. Side yard: the side yard shall have a minimum width of five (5) feet... An accessory building in a rear yard shall not be closer than three feet to a side lot line. Since they are not tied to the house which is the primary structure on the property, the hot tub and gazebo are considered as an accessory structure. The closest side wall of the hot tub is located 34 inches from the side property line. The support posts for the gazebo are located 22 inches from the same property line. This is a clear encroachment into a required yard area. Page 2 of 2 As noted earlier, the Board may grant a special exception for a piece of property that "cannot be appropiatly developed without such modification." It should be noted that there is sufficient available area to locate a hot tub and gazebo in a location that would conform to City ordinance requirements. This problem is not due to "unusual topography or restricted area and shape." It is due simply to the choice of an inappropriate location. Under the circumstances, staff must recommend that this special exception be denied. ML/sd cc: John Armstrong, Assistant City Attorney v- i , '; , \1 CREATIVE WOODS JIM McCREA 4819 PINE PASADENA, TEXAS 77503 (713) 487-5986 JOB ADDRESS NAME TELEPHONE ~~?/ ('~a~t1Eh/ y" /7. ~ #",c//V'?/# </;?/- 9/2 V · DECKS · GAZEBOS . REMODLlNG . NEW CONSTRUCTION . 1ft ./ ---- .- , I , !'" i I -+--t~- , ------ -- v li f)r .c l.f- f -- I ' f .v -'::1- i-~ml - e. . --+-- I -, i , , I ,', :. -H-,- - .' ,"0:7 ., - - .\ . ...-::;. , !i- 1 1 ! I I - - _.- . -.~ : I ~: '; '.l , I .. . n i F:, ~ . i , ; ! . I n' \J 1 -- . V ~, i , : - , ~ i -- t ''\. ! -" s::. ,. j '( , I -1 ~ ,1 I { , -- / , , _n_ "- ~ i -- DI? 1,-. J! ~ _m t .--- ; 11 I ., . ~ i A 12..~ FA_ /' \ l\. ! ~ 1-'/- '/.' ,\1 I '. , -[ I , " ~ ~ I '. - , I, I , [7i " ) j I , ~ , , \ , ~- I I~- '-- --- ! !~, ~ , ; , -. , , I .. , i ! I ~ ') n, :1',10 / jl: --+ l,- .. n . I I I ~., " ,-' " -, ,.. -. ---H , ,- "... -- i , 0'_' ___ .. - n .- n -- T - ! i I , , i ! ~ / t ; ...----- ~...._- " .. . ! n T \f -- .. -- -.'-... 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