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HomeMy WebLinkAbout03-03-1988 Public Hearing and Regular Meeting ZBOA ,JI. ,~ .. LA PORTE PLANNING & ZONING BOARD OF ADJUSTMENTS PUBLIC HEARING AND REGULAR MEETING MARCH 3, 1988 Jack Humphrey called the meeting to order at 7:05 P.M. Members Present: Dr. Deborah Bernay, Gladys Roth, Jack Humphrey, Jody Seeger and James Parson Members Absent: None City Staff Present: Joel H. Albrecht, Director of Community Development; Ervin J. Griffith, Building Official/Zoning Administrator; Nina Bergeron, Director of Community Development Secretary; John Armstrong, Assistant City Attorney Others Present: Nora Swanagan, Ruth Wallace, J.P. Jackson, John Wycoff and other interested citizens Next on the agenda was to consider approving the minutes of the Augus~ 28, 1987 meet ing. There was a mot ion by J ody Seeger and a sec ond b: Deborah Bernay to accept the minutes as read. The vote was unanimou: and the motion carried. John Armstrong gave a brief summary explaining the authority the Boar' of Adjustments has to either approve or deny these Special Exceptio Req uest s by read ing the City of La Porte Zon ing Ord inanc e, Sect io 11-605(2). The first request was to consider a request from Leading Light #376 O.E.S., 401 North Fifth Street, Lots 17-18; Block 90, for a Specia Exception under the provisions of Ordinance No. 1501, Sectio 11-605. 2A, to allow enlargement of a bu ild ing occup ied by non-conforming use. Staff's report indicates that Leading Light has met requirements, bu because they need to add two (2) bathrooms and a kitchen to th existing building and because it is a legal non-conforming use, the must have this special exception. There were 20 notices sent to th surrounding property O\lners within the required 200 feet area. Ther were no replies received in favor of or against. ~ -'" Board of Adjustments March 3, 1988 Page 2 After be ing sworn in under oath, Nora Swanagan, Representa t i ve for Leading Light was concerned that no one responded to the City Secretar) by returning their letter to either consider or oppose this request. There was no other discussion by the Board or Ms. Swanagan. There was a motion by Gladys Roth and a second by Jody Seeger to grant this Special Exception Request to Leading Light #376, O.E.S located at 401 North 5th Street. The vote was unanimous and the motion carried. The second request for consideration Has from vIycoff & Assoc iate~ (Process Products), 227 North Eighth Street, Lots 17-32; Block 69; for a Special Exception under the provisions of Ordinance No. 1501, Sectior 11-605.2b.1, to allow construction of a building addition that does not meet front setback requirements. Staff's report indicates that the walkway needed between the ne~ construction and existing building will extend out into the requirec front yard setbacks which is an encroachment of about ten (10) inches. There were 18 notices sent to surrounding property owners within thE required 200 feet area. We received only one reply by telephone ir favor of this request. After being sworn in under oath, John Wycoff, Representative for Wycofj & Associates explained that inorder to cover up the mansard roof on thE existing building so it will not show, they are corning past ten (10: inches and alloHing columns to corne dOvln next to the \-Jalkway iz question. The walkHay will remain exactly the way it is, no changes. There Has a motion by Jody Seeger and a second by Deborah Bernay t< grant this Special Exception Request to Wycoff & Associates (Proces: Products) located at 227 North Eighth Street. Vote was unanimous an( the motion carried. The third request for consideration was from Chern Coast, Inc. North "H" Street, La Porte Out Lot 239, for a Special Exception the provisions of Ordinance No. 1501, Section 11-605.2A, to enlargement of a building occupied by a non-conforming use. 11821 unde allo' Staff's report indicates that 22 notices were sent to the surround in property owners within the required 200 feet area. Two telephone call were rece i v ed mak ing inq u ir ie s but no comment s either in favor of 0 against. After being sworn in under oath, Ruth Wallace, Representative for Che Coast, Inc. asked if she could answer any questions pertaining to thi Special Exception Request. There being "no qu.estions or discussion, Seeger and a second by Gladys Roth to Request to Chern Coast, Inc. located at vote was unanimous and motion carried. Board of Adjustments there was a motion by Jod grant this Spec ial Except io 11820 North "H". Street. Th . -"'-'"._----""---,--_....- , """ March 3, 1988 Page 3 The fourth request for consideration was from J.P. Jackson, J.P.'[; Service Center, 9901 West Fairmont Parkway, 0.6440 acre tract of N.M. Jones, Survey A-482, for a Spec ial Exc ept ion u nde r the prov is ion s of Ordinance No. 1501, Section 11-605.2A, to allow enlargement of c building occupied by a non-conforming use. Staff's report indicates that the applicant is requesting to be able tc expand a legal non-conforming use Hithin an existing structure tc enclose a portion of it to store supplies he ldould be selling in thE store. The two (2) property owners in the surrounding area werE notified and received no replies back in favor of or in opposition. After being sworn in under oath, J.P. Jackson, owner of J.P.'s ServicE Center explains that he is not moving the roof line. The canopy wil: stay in place just the way it is now. He is putting the vertical wall: in and sheeting it up with glass to give him more retail outlet at thi: site. The structure itself will not be changed. There being no discussion, there was a motion made by Gladys Roth and, second by Jody Seeger to grant the Special Exception Request to J.P Jackson, J.P.'s Service Center located at 9901 Fairmont ParkHay. Th( vote was unanimous and the motion carried. The Board expressed to Staff, they would like the process to go mor' quickly once the meeting date is scheduled, even if it means settin: the meeting date for another day of the week other than Thursda nights. Staff concurs Hith the Board. There was a motion by Gladys Roth and a second by Deborah Bernay t adjourn. The vote was unanimous and the meeting was adjourned at 7:3 P.M. Respectfully submitted, , 1/H_AU ,~~/. ~ Dye, Inspectiod Secretary Jack Humphrey, Chairman of the Board of Adjustments Gladys Roth, Secretary of the Board of Adjustments ...}-. C'A C::TY C-? LA PORTE ~ ZONING BOARD OF ADJUSTMENT SPECIAL EXCEPTION REQUEST --------------------------~~;~~----------A~~l~~~~~~~-~~~~-~?=-CO~- OFFICE USE ONLY: Fee: $100.Q8- Date Received: ~--/O--,.frY Receipt No.:. C;- "'> ..}, '-I-:J... NOTE: This Fee is Non-Refundable Regardless of the Board's Decision. --------------v-o-r-~q)~~--~9(~-~~--~~------------------------ Applicant: vY'\, e....t. c\ f' \ A. \""". 0 ~- r \ C\ v~_ L \ Nam~ \ n ~ \ 11- '- - (, i 7o:L Sou -t- "" 1,:) LV C\ ,I LA\' c) ('\ e... PH: 'I 11- / :.' Lfl Address I }, .~ , ~ I am the owner of the herein described property. I have authorized to -act on my behalf in this matter. 'M \ ~~\" C\. x- \ f\.~. ~ ,~c \ ~~0 e."'L 0' ~ l7cJd.- Sou{~e \j\vc\,,-{ L.A ~f)(-\'4H: W-7f-j;-11) Address ,_ --- I am requesting a Special Exception to Sect. !/(po.r::ZIJ of the City Zoning Ordinance No. 1501. I am requesting his ~peciAI E ception for property located at I' 0" C B\ W",,- Lo.... t'of' of> c \ \ \ Address , Legal Descri. ption (' -,- C\.... ~ ~ J::: 0... '\- \ 0 ^ ~ 0 "''\ \) \ ~. ^ c.... ~ _ S" -\-. a 'f ~. I (v) Site Plan (~Minor Development Site Plan ( ) Major Development Site Plan ( ) General Plan Owner*: 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 owner, he must provide Authorization to act on the Owner's behalf. 3//om I Dite -(ffi01/lr1dc,~ Appli~ant' Signature ----------------------------------------------------------------------- OFFICE USE ONLY Site Plan and Authorization (if applicable) attached? Yes (~/ No ( ) Date transmitted to the Board of Adju~tments: 4~J'/~3 I I Meeting Date: Applicant Notified of Date: Board's Decision: Approved ( Denied ( ) Notice of Board Decision mailed to Applicant/Owner: . . . (-' (, PAGE 2 A Special Exception is a deviation from the requirements of th~ Zoning Ordinance. Before they grant a special exception, The Board of Adjustments must determine that the exception is not contrary to the best public interest and will not adversely affect the value or use of adjoining property. :~ ,'!, Special exceptions may be granted for the following items only: ~)The reconstruction of or addition to a building occupied ~ by a non-conforming use. Additions cannot extend past the lot occupied by the original structure or use. The reconstruction or use cannot prevent the property from returning to a conforming use. 5~c1/~\.... 11- 605 (2) Deviation of yard requirements under the following cir- cumstances: (a) Exceptions to front yard requirements if front yard setbacks are not met on abutting pieces of property. (b) Exception to rear yard setbacks if any four (4) lots within a block do not meet setback requirements. (c) Exceptions to yard requirements on corner lots. (d) Exceptions to front yard requirements if existing front yard setbacks on a block are not uniform. (3) Waiving or reduction of off street parking and loading requirements if the Board feels they are unnecessary for the proposed use of a building or piece of property. Please remember it is the Applicant's responsiblity to prove that a Special Exception 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. --:-' \.)...) -\ \. S 0 LV \" , ~\" \ .J.J '. \\ FACTS RELEVANT TO THIS MATTER: \ '" ~(:, -\ 0.. \ \ t' rA.._ "~Q "" 0 " Q l)~ C U rv\ f~ \ '. \ ~ ; \ / d.. \-t -{ e ~_4- \,~v '0,/ S- 'i I \ "\ ' '1'2> u \ \ ~ \ y'\. (\ ~ n~,', V\^ ~ lY\i~'\()r 1 Y"\ C, ~ CA '-, i . C\ "'" cL <;~i-~ "r,^ ~ 0, ~, U 1 ...., . '(, ~ - - (\ () '9 \ (-\ '^' , s Cf v ~ 'f' -e 0 ~~ ,) \ ~- c~ \ \ v\ -\ ~. '(" \ '~r \0. i,l \ . ~- 'F \ <:: --\. \ ~o 1\ Q., - - ~ ~ ~~ . . ( ( PAGE 3 TYPE OF RELIEF BEING SOUGHT: S~~~\ R\ 'fe "-1 t)~S:+- ,\} \ \1\ I) VV'\ \,.., e ( 0 S- - d-.... 0 :j '\ \ ~ \ ^ " +\;"\ '\ \^' t") C'~ C v"\. -\=:0 If rY\, \ f' r", t) ~ ~ . I eM c t.J~. ~ \ \'\ \'\ \'"- r W -\">- S 4- W C.-\ \ 1 '2'..)(-4- ~ Y\ ~ +- (') YV\ ~~:t b IX L.IC \'\ e r+ \, \.}.,) <\ \ \ c-, ~ ~ ~ Ir 0 '^ \- S e v-\-"'" \.JJ C\. \ \ -\- \:) yV\ ~ ~ \- LeY ~ S -\- I \J.J 0., \ \. R ~-- VI" 0 \J 'f... \ V\ V\ 'IL. \'"" SO LJ -\-. \".... \,0 a \ \ 'E. -<+ ~ l" c\ +-0 ("; (j +-e__ V- ~.iC vi +-.'-\ ~A..7(\ \ \ 0.. ~ ~ -E' c,_~~ -\- \.>> C\ \ \ +0 1'"'''' ~. ~_ t- O 0 -\- ~ Y' S () \..) -\- \" \..>-> 0. \ \ -\- <"- .v\" c,\< e... 0-_, ~ Q h'\. 'f> \ ~ \-- <.\~ . , . 'f~\'... --\-t\. i'\. C '-.Q~ C ~ -<?_, .p" \ e Y' c.Q. \':)~, \ \ ~ ."". \..u h i v~ iA.J1 It ~ \ \).~ '(V'. ~- \ '^- c; \ ~ ~ -G- 0 C "\:-o_c~ ,~~ D 4 CA. ?\~. '70 i \;. S C?\ U C\. Y' -Q.... ...\ ~ ~ ~. t\ <; ~ Q.- '( .(v\, \ 1"\ 0 Y S 'I '-\- ~ c\. ('- \J '-Q.... \ tl ? Y"Y'\ Q.. Y\ -\. v r \ 0, y\ t THE GROUNDS FOR THE REQUEST: , () '\ ~ ~. \' \'" (\ 'v' ~_ C- "(\", (A \ C) '\ ~ C\. S 0 \', n ~_ '.J (,j ~. <9 TV,- '{( C'- Y\ ,-I I -\-~. ...~. Co-.. "'-- \.') 'f '-, " ~ 0, r eo q v', r Q. i'V\ ~ i'\. '. I (\ \,) a..Y\~ VV'\O~-\- ~c>\J~r C-\.\\ e.'F-I<;+'^t/, C\o.SO\\Y\~ \\ \ \ (~ ,/" ~ ~ l' 1 1.:.....) o~ ~ "t ~ ~_ - cx,. 0 '\ '<'- """)- '^ ~ <: () y" V \ ~. '^' C'_ ~___ ..)"""'\- c ., ~ \,) .[' ". -\- '(\ ~ 1 ~- ("'-1 I.J I. {' ~ .{\/'. ~ ''- ,,- ~ ~ CJ...... V\^--. 0" \ () r ~ C I '\ '~ C": <9 I/Y"\ f 0... V\. ,--( t " \ ^ -\. ~ (' \ () , ) I ~ \, ,J' 0---- \ ":;. - ~v\ \ \~ C\ 0\. <::'~ (~ CED/1-'87 " \. J~ of Request: Special Exception under the provision3 of Section 11-605.2.a of Ordinance No. 1501 Requested For: 1702 South Broadway West 115ft. of Lots 26-32; Block 1446; La Porte Tract Use Zone: R-1 Low Density Residential Requested ,!1y: Porky's Gas (~ Go Michael A. Rodriquez, Owner Background: Porky's Gas & Go is an existing gas station located at 1702 South Broad\va y. This ga s stat ion ha s been in c ont:i.nuou:::; operat ion, u nd er v ar iou s oyme r sh ips, for approx imately bventy (20) yea r s. II Conv en ienc e" store type sales (cold drinks, snacks, etc.) are a component. of the total business. The primary business does hOl'lever, appear to be the sale of gasoline and related products. The owner is seeking a special exception to allow the following: 1) A 1,296 square foot (24'x54') ~anopy awning to cover the existing gas island. As proposed, this canopy would have a front setback of two (2) feet. 2) Two (2) building additions (5'x8.6' and 15.3'x12' respect- ively) totaling 226.6 square feet (See Exhibit A) Analysis: Section 11-605.2.a allows the reconstruction, enlargement or extension of a bUilding occupied by a non-conforming use on the lot or tract occupied by such building provided that the reconstruction, extension or enlargement: 1) will not prevent the return of the property to a conforming use. 2) will not adversely affect the value and use of adjacent or neighboring property. 3) will not be contrary to the best public interest. These requirements must be met in order to grant a special exception of this type. ( '-- Porky's Gas & Go SDecial Exception Pa,-re 2 o Add it iona 11 y, there is the is sue of fron t setb acl< s. VJhen originally built, the stations pump islands appear to have had a front setbacl< of 22 feet. The State of Texas has subsequently Hidened the Broadway right-of-way, taking a 10 foot strip along the front of this property. Section 11-605.2. b.1, allows a spectal except:i.on to front yard setbacks where "the actual front yard setback of any abutting lot does not meet the front yard requirement." Due to the widening of Broadway, the building located on the abutting property has a front setback of twelve (12) feet. \1hile this appears to qualify Porky's Gas and Go for reI ief from setback requ irements, the tHO (2) feet proposed is in Staff's opinion not adequate. Conclusion: The building additions, as proposed, meet setback and lot coverage requirements for R-1 property. They are minor in size and therefore, should not serve to prevent an eventual return to a conforming use. Further, the nature and use of these additions does not seem to be such as to have an adverse effect on surrounding property or to be contrary to the best public interest. The addition of a canopy of the size proposed to the existing pump islands will also fall within the lot coverage requirements and should not prevent an eventual return of the property to a conforming use. The front setback asp roposed, however, does appea r to impac t on the use of surround ing property, in this case, the South Broadway right-of-Hay. It therefore, also appears to be potentially contrary to the best public interest. A modified canopy with a front setback of twelve (12) feet (to match the existing pump islands) would appear to satisfy the concerns regarding surrounding property use and the public interest. Recommendation: 1) Grant a special exception to allow construction of the building additions as indicated on Exhibit A. 2) Grant a special exception to allow construction of a gas island canopy, only if a minimum front setback of twelve (12) feet can be maintained. I --~. .-:--_. '-l. - -.- .;J "', ~I " N j M i-\,; 'J Ii' ~a 1] i~ ~7. ~.. i~ i~ ,~ ! J, "" f' i. ::'! ~ A'- . ' i ~1 1 J.il t ~ ~i~J- :~ I ~~ ~~ ~i"i tt l!; " .... ~ '" !! I ;t~~ r....-~__ ~~~~!j !:.%, HH~~ " ~ ... ... ~ ." "" ~~ ..., ( <i .. ., t .< 3 ~ oj ..:t.<::( ~~ ~~ ...:..'" L_________ .1331U.S l r........'vp ) . d . Hlnos ~ -! ." .-' I: :l ~ 2 .1- ~ 1 ! .. :l i 1 " OO'fiU - lS..3 . 'l-, .. "" ~ o o on ... ~ J I I J I .~ 3 l' '- 5 tl. ... l N ~t -- ~/ ;.; /\ .:.0 ~ ':"1'- ..___.' . "' _' ~ z~; i '" -i .; " . j ~ I v -' ....t 1-:,; . - ~ .1 I h .d: _ ;11-~'~i[r.l:I.J! :/", '" c. 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