HomeMy WebLinkAbout05-28-1987 Public Hearing and Regular Meeting ZBOA
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MINUTES OF THE MEETING OF THE
LA PORTE BOARD OF ADJUSTMENT
HAY 28, 1987
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1. The meeting was called to order at 7:02 P.M.
Members of the Board of Adiustment Present: Vivian
Covington, Jeanne Zemanek, Jack Humphl"ey, Deborah Bernay
Members of City Staff Present: Inspector Mark Lewis,
Assistant City Attorney John Armstrong
Others Present: Mr. and Mrs. Barry Laws; Bill Pratt, Pratt
Pools; Mr. and Mrs. Minors
2. The public hearing regarding the request of Barry and Nancy
Laws for a variance to Section 10-302 (2) of City Zoning
Ordinance 1501, setback to allow swimming pool, was called to
order.
Mr. Laws spoke requesting this variance. Mr. Pratt spoke
supporting this request.
The public hearing was declared closed.
3. The Board considered the request of Barry and Nancy Laws for
variance to allow swimming pool at 10110 Hillridge.
Motion was made by Jack Humphrev to grant the variance.
Second by Gladys Roth. The motion carried, 4 ayes and 0
nays.
Ayes: Covington, Zemanek, Humphrey, Bernay
Nays: None
4. The Board considered approving the minutes of the Board of
Adjustment meeting held March 19, 1987.
Motion was made bv Jack Humphrey to approve the minutes of
March 19. Second by Deborah Bernay. The motion carried, 4
ayes and 0 nays.
Ayes: Covington, Zemanek, Humphrey, Bernay
Nays: None
Minutes, Board of Adjustment
May 28, 1987, Page 2
5. The Board considered approving the minutes of the Board of
Adjustment meeting held April 23, 1987.
Motion was made bv Deborah Bernav to approve the minutes of
April 2~. Second by Jack Humphrey. The motion carried, 4
ayes and 0 nays.
Ayes: Covington, Zemanek, Humphrey, Bernay
Nays: None
6. There being no further business to come before the Board, the
meeting was duly adjourned at 7:15 P.M.
Respectfully submitted:
Cherie Black, for
Secretary to the Board
Passed & Approved this the
day of
1987.
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CITY OF LA PORTE
ZONING BOARD OF ADJUSTMENT
VARIANCE REQUEST
--------------------------------------------A~~l~~~~~~~-~~~~-lr7=-{)O~
OFFICE USE ONLY: Fee: $100.00 Date Received: ~i4(A-7 ~
Receipt No.: tJLflt:tD<::i
NOTE: This Fee is Non-Refundable Regardless of the Board's Decision.
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Applicant:
Barry and Nancy Laws
Name
- lOllO Hillridge
Address
I am the owner of the herein described
to act on
IT
PH: 471-6518
property. I have authorized
my behalf in this matter.
Owner*:
Barry and Nancy Laws
Name
lOllO Hillridge
Address
PH: 471-6518
I am requesting a variance to Sect.
OrdiQa08e No. 1501. I am re~uesting
at lUll Hillridge Lot 7, Block 19,
Street Address
/ /- & 00 - ..24 of the City Zoning
.
this variance for property located
Fainront Park West
Legal Description
(x) Site Plan ( ) Minor Development Site Plan
( ) Major Development Si te Plan (X) General Plan
A Site Plan of the property is attached. Also, I have listed the
information requested below on the 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 is NOT the
on the Qwner's behalf.
1--/~'67
Date
owner, he must provide Authorization to act
13~~~.
A~ icant's Signature
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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
uJ!Y::3ui31_::3!19.p_~,_}1a.rrown.ess, shallowness, or topography con-
sti tutes the primary example- of hardship. Hardships that
are financial in nature or due to the Qwner'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 z~ne 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:
;'
A pennit -to build a swinrtrlng pool was refused by the city on March 31, 1987. The
stated reason,-that the pool was closer than 6' fran the house, was part of a
recently enacted building code revision. If forced to maintain 6' distance, it
will not be possible to obtain the swimning pool. The pool will only be 10 1/2'
wide with the 3' distance fran the house we are requesting. Any less distance
(width) will result in an unuseable pool. ..
..... ~
PAGE 3
TYPE OF RELIEF BEING SOUGHT:
Allow pool to be installed 3' fran hoUse. The shallow depth (rnax:irm.m1 of 6 '
deep) will minimize the risk to the house fmmdation.
$
THE GROUNDS FOR THE REQUEST:
To deny this request will result in our not being able to have the swimning
. pool we desire and therefore will be deprived of the opportLmity to fully
enjoy our property. Until the recent code change this would not have been an
issue.
CED/1-'87
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GENERAL SPECIFICATI
SIZE 3g~ IQ~AREA .J 'Bo
SHAPE C IJ!. 70 1M
lovt St4,t TWO ~
TILE
STEEL '3/1 X '31( ~ ~'I j. ~
COP ING ('l ~ l J. AlaS 1:;- 13 /Z./G
THERAPY SPA /./f>>.I/:- SIZE
POOL CAPACITY 1'2 825
DEPTH ~
PERIMET
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MOTOR H.P. Yz.
FILTER 2./" SAND
FIL TER RATE SO
TURNOVER Lf,3
VACUUM LINE & SKIMMER
RETURN LINE i.f
MAIN DRAIH S t: PA.t1l7c I ~ /I
SKIMMER SEiPI9/i.JI97G' I~"
aACKwASHTO ST""'-n1 S':1cJ
FENCE REMOVED BY: t3~R REPLACEI
VACUUM BREAKER yc:-S
HEATER ,Nt)#t:- SIZE
GASLIHE N'),Aj t
POOL LIGHT 500 W
SPA LIGHT IlJOJl;/:-
CLOCK TI-vO
ELECTRIC (';'- DI2. /NC.t.u()/J
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TITLE
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REGISTERED PUBUC SURVEYORS '.
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2320 McCUE - SUITE 37 PHONE : 961-1343
HOUSTON, TEXAS 77056
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C SU\\ JOB NO. 1"1.11"2.0
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CITY OF LA PORTE
INTER-OFFICE MEMORANDUM
May 15, 1987
FROM:
Board of Adjustments
~a~ Paulissen, CBO/Zoning Administrator
TO:
SUBJECT: Barry ~ Nancy Laws; Variance request for 10110 Hillridge
BACKGROUND
The Laws are requesting a variance to Section 10-302 (2) of City
Zoning Ordinance #1501. This section requires accessory buildings
to be located at least 6 feet from any other buildings located on
the same piece of property. For the purposes of determining
setbacks, swimming pools are considered to be accessory buildings.
The Laws are proposing to locate a swimming pool 3 feet from the
rear wall of their house. The rear yard of this house is 16 feet
deep. There is also an 8 foot utility easement along the back of
the property. This totals an overall yard depth of 24 feet. The
width of the swimming pool is to be 10 feet 6 inches. Allowing for
a total wall thickness of 1 to 1-1/2 feet, this leaves a setback of
approximately 1 foot from the utility easement.
ANALYSIS
As noted above the zoning ordinance requires a separation of 6 feet
between structures located on the same piece of property. This
distance is to maintain enough separation for light ventilation and
fire protection. These factors do not come into play with a
swimming pool.
RECOMMENDATION
Staff recommends that this variance be granted. Please note, the
one foot setback from the utility easement does not allow room for
a deck along that side of the pool. The zoning ordinance does not
allow decks to encroach into utility easement. This variance does
not allow for encroachment nor can the board=grant a variance to
allow an encroachment of this type.
DAPlnb