HomeMy WebLinkAbout04-23-1987 Regular Meeting ZBOA
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MINUTES OF THE PUBLIC HEARINGS AND MEETING OF THE
LA PORTE ZONING BOARD OF ADJUSTMENT
APRIL 23, 1987
1 .
t..he meeting was called to order by Chairman Jeanne Zemanek at
7:08 P.M. ~
Members of the Board of Adiustment present: Jeanne Zemanek,
Glady~ Roth, James Parson, Vivian Covington, Deborah Bernay
(arrived late) ~,
Members of the Board of Adiustment absent:
Jack Humphrey
Others present: Tommy Deal, representing
Gordon Westergren; Mark Lewis, City of La
Inspector; John Armstrong, Assistant City
Johnson
John Kiibler;
Porte Building
Attorney; Mr.
2. The public hearing regarding the variance request of John
Kiibler to build an accessory building that exceeds setback
requirements as set out in Section 10-302 (2) of the City of
La Porte Zoning Ordinance was held.
Mr. Tommy Deal, representing Mr. Kiibler, spoke in Mr.
Kiibler's behalf to request the variance.
Building Inspector Mark Lewis, gave staff's recommendation,
which was to approve the variance. He also noted an error in
the recommendation memo. The proposed building is actually
23 feet by 23 feet, not 24 by 24 as stated in the memo.
Mr. JOhnson, who is an adjoining property owner, made an
inquiry as to the location of the building. When he was made
aware of the location, he then stated he had no objections.
Letters from Mr. Daniel O'Connell and Mr. E. L. Hogan, Jr.,
were given to the Board. The letters stated that there was
not objection to the garage.
Gladys Roth moved to grant the variance if a letter of
release of liability was given to the City, as there are
utilities located in the alley. Second by Jim Parson. The
motion failed, 3 ayes, 1 no, 1 abstain.
Minues, Public Hearings and Meeting
La Porte Zoning Board of Adjustment
April 23, 1987, Page 2
Ayes: Roth, Parson, Zemanek
Nays: Covington
Abstain: Bernay (stated she did not hear full discussion due
to late arrival)
The Assistant City Attorney called the Board's attention to
the fact that 4 aye votes are required to grant a variance.
3. The request of Gordon Westergren for a Variance/Special
Exception to Section 7-600, Table B, of the City of La Porte
Zoning Ordinance, in order to expand an existing facility,
was then heard.
Mr. Westergren addressed the Board regarding his request.
Mark Lewis gave staff's recommendation, which was to approve
the request.
Motion was made by Jim Parson to grant the special exception
and allow specified setbacks of 35 feet front and 20 feet
rear. Second by Gladys Roth. The motion carried, 5 ayes and
o nays.
Ayes:
Nays:
Parson, Roth, Zemanek, Covington, Bernay
None
The variance was then addressed, which was to allow maximum
coverage of the property.
Motion was made by Jim Parson to grant the variance and allow
a maximum of 36% lot coverage. Second by Gladys Roth. The
motion carried, 5 ayes and 0 nays.
Ayes:
Nays:
Parson, Roth, Zemanek, Covington, Bernay
None
4. There being no further business, the meeting adjourned at
7:50 P.M.
Respectfully submitted:
Gladys Roth, Secretary
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Minutes, Public Hearings and Meeting
La Porte Zoning Board of Adjustment
April 27, 1987, Page 3
Passed & Approved this the
28th day of May, 1987
Jeanne Zemanek, Chairman
I
CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
APRIL 15, 1987
FROM:
Z~Board of Adjustments
~. Paulissen, CBO/Zoning Administrator
John Kiibler's Variance Request
Blk. 21; S.W. 25 ft. of Lts. 31, 32; Bayfront
TO:
SUBJECT:
HISTORY
This piece of property is comprised of portions of two lots.
The resulting lot is 25 ft. wide (on the Roscoe side) and 50
ft. deep. Access to the property is from Roscoe St. The lot
was occupied by a 20.7 ft. X 20.4 ft. garage. This structure
was destroyed by Hurricane Alicia. Mr. Kiibler is requesting
this variance in order to build a new, larger (24 x 24 ft.)
garage on the same site.
ANALYSIS
Section 10-302 (2) requires accessory buildings to be located
at least 3 ft. from any property line. As noted above, Mr.
Kiibler is seeking this variance to allow him to replace the
original, destroyed garage with a somewhat larger structure.
Specifically this variance would reduce the setback
requirements to one foot, to accommodate the additional width
of the new garage.
RECOMMEND! TI-IDl
Datto the size of this lo~, it is not suitable for development
of any structures other than a garage and Staff has no
objections to replacing the destroyed structure.
In regards to setback requirements, it should be noted that
these requirements have been established to provide for
adequate light, ventilation and fire separation between
structures or adjoining pieces of property.
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John Kiibler's Variance
Page 2
Paril 15, 1987
Although the surrounding property (lots 31,32, & 33) are
presently undeveloped, the rights and future needs of these
property owners should be considered. Finally, before
deciding on whether or not to grant this variance, it should
be determined whether the one foot setback will be for the
building's foundation lines or the point of farthest
projection. A 24 ft. x 24ft. foundation could only have 6
inches of side set back on each side. Any eve overhang of
over 6 inches would actually encroach onto adjoining
property.
DAP/nb
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CITY OF LA PORTE
ZONING BOARD OF ADJUSTMENT
VARIANCE REQUEST
-----------------------------------------------------------------------
Fee: $100.00
Application No.:
Date Received:
Receipt No.:
Regardless of the Board's
OFFICE USE ONLY:
~~.3-8'7
eLf Ie 9(;;
D.ecision.
HQIli: This Fee is Non-Refundable
-----------------------------------------------------------------------
Applicant: JOHN S. KIIBLER, JR.
Name
1608 Roscoe, La Porte, Texas 77571
Address _
I am the owner of the herein descrIbed- property.
to act on my behalf
PH: 471-1111
I have authorized
in this matter.
Owner*:
~nHN s. KTTBT~R. ~R.
Name
1608 Roscoe, La Porte. Texas 77571
Address
PH: -
471-1111
I am requesting a variance to Sect. 1-300(2) of the City Zoning
Ordinance No. 1501. I am requesting this variance for property located
at accross from 1608 Roscoe, and being the southwesterly 25 feet of
Street Address Legal Description
Lots 31 and 32 in Block 21, Bayfront Addition, La Porte, Harris County, Tx
(/) Site Plan ( ) Minor Development Site Plan
( ) Major Development Site Plan ( ) General Plan
A Site Plan of the property is attached. Also, I have listed the
information requested below on tpe following pages of this form.
a) All facts concerning the matter that has led up to this request.
b) The type of relief I am seeking (setbacks, lot coverage, etc.).
c) The grounds upon which I am making this request.
* If applicant
on the
owner, be must
Signature
-----------------------------------------------------------------------
OFFICE USE ONLY
Site Plan and Authorization (if applicable) attached? Yes ( ) No ( )
Date transmitted to the Board of Adjustments:
Meeting Date:
Applicant Notified of Date:
Notice to surrounding property owners - Date:
~'
Board's Decision:
Approved ( )
Denied ( )
Notice of Board Decision mailed to Applicant/Owner:
"
PAGE 2
A variance is a "deviation from the literal provisions of the
Zoning Ordinance ". The City's Board of Adjustments may NOT grant a
variance that does not meet all of the following conditions:
1) The variance must not be contrary to the public interest.
2) Literal enforcement of the Zoning Ordinance must result in
a hardship. This hardship must be unique to the property
in question. Property that is undevelopable due to its
unusual shape, narrowness, shallowness, or topography con-
stitutes the primary example of hardship. Hardships that
are financial in nature or due to the owner's actions cannot
be granted.
3) Granting the variance must not violate the spirit of the
Zoning Ordinance.
4) No variance that allows a use that is prohibited within the
Use zone in question may be granted. For example, a variance
allowing a commercial use in a residential zone is not allow-
able.
Please remember it is the Applicant's responsibility to prove that
a variance will meet the above conditions.
If there is not adequate room on the remainder of this form to
.list all pertinent information, please feel free to attach an
additional letter or any information and exhibits you feel the Board _
should consider.
FACTS RELEVANT TO THIS MATTER:
I own and live in the home located at 1608 Roscoe and own
the garage site across the street, all as shown on the
attached plats. The garage for this house has always been
on the 25' x 50' lot across the street.
PAGE 3
TYPE OF RELIEF BEING SOUGHT:
. .
An exce?tion to the Zoning Ordinance requirement of 3 foot
set-back lines so that I may build a 2-car qaraqe
THE GROUNDS FOR THE REQUEST:
I must replace the 2-car garage formerly located on this
site. I plan to build a garage 23 feet deep and 23 feet wide
- to accommodate 2 vehicles - cars and/or truck and/or van. The
cited section requires set-back lines of 3 feet on each side
which would permit only a 19 foot wide garage requiring
drivers and passengers to enter and exit like crabs.
Unless the variance is granted permitting a 23 foot wide
garage and an 18 foot overhead door, the lot is not useful
for a garage.
There are no structures adjacent to any of the four lot lines.
No harm of any kind would attach to the surrounding land.
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OF LOT~~ :7" 18" & 19.1 BLOCK 28.1 N~D THE SOUTIfHEST
2:~ fEET OF LOTS 31 & 32) BLOCK 21.1 BAY FRorn
ADDITIOi'L LA PO!;(E" HARRIS COU;UY TEXAS
SCALE: 1"c3nt
DATE: 5/19/80
SURVEY BY: B.L.S.
DRAWN BY: P.L.S.
FOR: LA\:YERS Tl TLE
I HEREBY CERTIFY THAT THIS SURVEY
CONFORMS TO THE CURRENT TEXAS
SURVEYORS ASSOCIATION STANDARDS
AND SPECIFICATION S FOR A CATEGORY
IB'gNDITION 3 SURVEX
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B I L1..Y L. SHANKS
REGJSTRATION NO. 1821
PURCHASER:
JOB NO.
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SHANKS SURVEYORS
1414 WAVECREST LANE
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CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
April 15, 1987
SUBJECT:
Zo~oard of Adjustments
D~~ Paulissen, CBO/Zoning Administrator
Variance/Special Exception
Oceanic Transport Service
TO:
FROM:
HISTORY
On the 6th of April, 1987, the City received a
Variance/Special Exception request from Mr. Gordon Westergren
with Oceanic Transport Service Co. The variance and exception
which are being requested are for Blk. 351; Lots 17-24, L.P.,
are to the setback and maximum coverage requirements of
Section 7-600, Table B. This tract's zoning is H.I.(Heavy
Industrial). Oceanic Transport Service Co-operates at this
location. The present facilities conformed to all zoning
requirements when they were built and the property use remains
a conforming use under Ordinance #1501. The variance and
special exception are being requested to allow for an
expansion of the existing facilities.
ANA LX..s..rs
A. Setbacks
The overall dimensions of this tract are 200 ft. wide by 125
ft. deep. Heavy Industrial setbacks are 50 ft. for front and
rear, and 30 ft. for sides. This leaves a buildable area on
this tract of 25 ft. deep~and 140 ft. wide. The requested
special exception would allow for the construction of a new
bUilding with setbacks of 35 ft. front and 20 ft. rear. The
30 ft. side setback will be met on the north side of the
tract. The south side will be attached to the existing
building on the site. (The present building has become
non-conforming due to ordinance setback changes).
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Oceanic Transport Co.
Page 2
April 15, 1987
B. Ma x irnllJ!LLQ.t___C.QY~r_a.$~
Maximum lot coverage for H.I. development is 30%. The following
table shows maximum allowable coverage for this tract and the actual
proposed percentage of coverage. Please note coverage requirements
apply only to structures and not to parking or open storage areas.
Tract Size =
Maximum coverage= 30%=
Existing building =
Proposed building =
SUB-TOTAL
Proposed covered drive=
25,000
7,500 sq. ft.
2,412 sq. ft.
~.Qj)_s_o_ ~ _ Lt-<-
8 , 0 1 2 SQ. FT. =
_91t8~.sL ft.
32+% LOT COVERAGE
TOTAL
9,000 sq. ft. = 36% lot coverage
This variance would allow for an additional 6% of lot
coverage.
Re cOJllme-Dit9 t ion
H. I. setback requirements were written with large
unsubdivided tracts in mind. As illustrated in the analysis
section of this memo, strict enforcement of setback
requirements, can render lot and block tracts unbuildable.
For this reason, staff recommends that this Special Exception
be granted.
In regards to the requested lot coverage variance , staff does
not find the same justification for granting this request.
If either or both of these requests are granted, please note
that no other City requirements are waived. All other normal
zoning and building code requirements will still apply.
DAP/nb
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, ...
CITY OF LA PORTE
ZONING BOARD OF ADJUSTMENT
VARIANCE REQUEST
-----------------------------------------------------------------------
OFFICE USS ONLY:
Fee: $100.00
Application No.:
Date Received:
Receipt No.:
Regardless of the Board's Decision.
NOTE: This Fee is Non-Refundable
--------------------------------------------------------------;--------
0?ROOn LU~Te,e3J29f)
Name
i OOt..t 7 -(rrvU) f3 e... RIG '-' ~
Address
of the herein described
to act on
PH:
L.j '7 J - d.l.p~ /.
Applicant:
I am the .J>wner
A~L.A
Owner*:
property. I have authorized
my behalf in this matter.
~
. / Name . /
}'//f-T- PH: Y/ff.
~/ Address (~
" _ r--:-,., - Mi us-H.' 81 HI H~(JY J IdvJ:
I am requestIng a varIance to SecL1-bOO ) crble '5- I of the Ci ty Zoning
Ordinance No. 1501./J I am requesting this varianRe Jor ~roperty locate~J
at dO I /U t.;)RCJrtfJ Gu I't-~ /j I b 30 I 4-~- ~7
Street Address Legal Description
( ) Sit e P I a n (\~ 0 r De vel 0 p men t Sit e P I an
( ) Major Development Site Plan ( ) General Plan
A Site Plan of the property is attached. Also, I have listed the
information ~equested below on the following pages of this form.
~l facts concerning the matter that has led up to this request.
b) The type of relief I am seeking (setbacks, lot coverage, etc.).
c) The grounds upon which I am making this request.
* If applicant is NOT the
on the Owner's behalf.
~/8-3/67
Date
to act
-----------------------------------------------------------------------
OFFICE USE ONLY
Site Plan and Authorization (if applicable) attached? Yes () No ( )
Date transmitted to the Board of Adjustments:
Meeting Date:
Applicant Notified of Date:
Notice to surrounding property owners - Date:
Board's Decision:
Approved ( )
Denied ( )
Notice of Board Decision mailed to Applicant/Owner:
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PAGE 2
A variance is a "deviation from the literal provisions .of the
Zoning Ordinance ". The City's Board of Adjustments may NOT grant a
variance that does not meet all of the following conditions:
1) The variance must not be contrary to the public interest.
2) Literal enforcement of the Zoning Ordinance must result in
a hardship. This hardship must be unique to the property
in question. Property that is undevelopable due to its
unusual shape, narrowness, shallowness, or topography con-
stitutes the primary example of hardship. Hardships that
are financial in nature or due to the owner's actions cannot
be granted.
3) Granting the variance must not violate the spirit of the
Zoning Ordinance.
4) No variance that allows a use that is prohibited within the
Use zone in question may be granted. For example, a variance
allowing a commercial use in a residential zone is not allow-
able.
Please remember it is the Applicant's responsibility to prove that
a variance will meet the above conditions.
If there is not adequate room on the remainder of this form to
list all pertinent information, please feel free to attach an
additional letter or any information and exhibits you feel the Board
should consider.
FACTS RELEVANT TO THIS MATTER:
..Go
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RECEIVED
MAR :~ 0 1987
~.;;.\f ENFORCEMENT
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