HomeMy WebLinkAbout05-12-1988 Public Hearing and Regular Meeting
•
•
LA PORTE ZONING
BOARD OF ADJUSTMENTS
PUBLIC HEARING & REGULAR MEETING
MAY 12, 1988
Deborah Bernay called the meeting to order at 7:05 P.M.
Members Present: Jody Seeger, Gladys Roth, James Parsons
Deborah Bernay
Members Absent: Jack Humphrey
City Staff Present: Joel H. Albrecht, Director of Community
Development; Ervin J. Griffith, Building Official/Zoning
Administrator; Nina Dye, Inspection Secretary; John Armstrong,
Assistant City Attorney
Others Present: Jay R. Yim, Owner of Texaco
• First on the agenda was to consider approving the minutes from the
April 28, 1988 Public Hearing and Regular rleeting. There was a motion
by Jody Seeger and a second by James Parsons to approve the minutes as
read. The vote was unanimous.
Next on the agenda was to consider a request by Jay R. Yim, owner of
Yim's Texaco Service Station; 105 South Hwy 146; Block 45; Lots 2-6;
La Porte Tract, for a Special Exception under the provisions of
Ordinance ~~1501 Section 11-605.2.b.3 of the Zoning Ordinance, to allow
him to convert an existing car wash to a vehicle inspection facility.
Staff reports that due to the location of the station being on the
corner of a "T" block and it being a non-conforming structure, a
Special Exception is necessary because of the setbacks.
Property owners within the 200 feet area were notified. Twelve (12)
notices were sent out. We received 2 responses in favor of and none
in opposition.
Staff is recommending that the Special Exception be granted to Yim's
Texaco Service Station. They meet all of the necessary requirements.
After being sworn in under oath, Jay R. Yim, owner of the Texaco
Station explained to the Board the reason for this construction. The
• present car wash does not always work properly and with this
conversion to a vehicle inspeciton facility, he can better service his
customers.
• •
Board Of Adjustments Minutes
May 12, 1988
• Page 2
With little discussion, there was a motion by Gladys Roth and a second
by James Parsons to grant this Special Exception to Yim's Texaco
Station. The vote was unanimous and the motion carried.
There was a motion by James Parson and a second by Jody Seeger to
adjourn. The vote was unanimous and the meeting was adjourned at 7:15
P.M.
R spectf y submitted,
Nina Dy , nspec ion Secretary
Jack Humphrey, Chairperson of the Board of Adjustments
Gladys Roth, Secretary of the Board of Adjustments
•
• ~ CITY OF LA PORTS •
ZONING BOARD OF ADJUSTMENT ,p~
APPEAL OF ENFORCEMENT OFFICER'S DECISION h' ~+~
---------------------------------------------------------!~-~x~-'~~~a--
Applicatior~~~.
OFFICE USE ONLY: Date Received:~~
Applicant: 1~ ; / ~ ~i /`~ -5~
Address
I am the owner of the herein described property. I have authorized
/~~ to act on my behalf in this matter.
Owner*: /I , '/ ~ ~4/~ S'
Sol s' ~N~~~e /
~v PH: ~ /' ~ 9 ~
Address
I am appealing the decision regarding or the interpertation of
Sect. of the City Zoning Ordinance No. 1501. I am making
this Ja'ppeal in reg_~ds to the property located /J
a t 7 c~~ l~ -~n ! ~ff /' / /f r
Street Address Legal Description
( 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 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. ~~~
Date Applicant's Signature
OFFICE USE ONLY
Site Plan and Authorization (if applicable) attached? Yes ( ) No ( )
Date transmitted to the Board of Adjustments:
P~eeting Date:
Applicant ~aotified of Date:
Board's Decision: Approved ( ) Denied ( )
Notice of Board Decision mailed to Applicant/Owner:
~ v •
•
•
PAGE 2
If there is not adeo,uate 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 P•tATTER:
• TYPE OF RELIEF BEING SOUGHT:
GROUNDS FOR THE REQUEST:
n
LJ
CED/1-'87
•
•
•
• ~ S ~'~. 1.J _ -1 v~„~Y~ Jam-~=%fY. 1h'.
Y:
•
• -
•
_ ~; _
~Ia ~iJ~~1~~,,;~~EbS~': e+q~..~i.~•-.ery-l{YS~'.j+. y~R'~' _
~~i .,y rte. `ma'y ~~13 T.~"~ s/~~~`y.~ ~. :/S
d
Z~~~r~cY .-~. .. J9.:
_~. -- -- --- ..ter -~-~_ .~{_.« _ - ~~-.
_~~ - - ~
~'~~~~ ,.
.,
_~
~L u
~y,.~ \~`M9' Pty ~ „t„~ ~ ~ ~~ '} ~~-
•
•
•
•
•
LJ
Tvne of Reg_uest:
Requested For•
~eLq. ste Bv:
Property Zon e
Background-
Appeal of Enforcing
Section 5-700, Table
Ordinance ~~1501
•
Officer's Decision regarding
B (side yard setbacks) of
525 South 7th Street
Block 115, Lots 11-16, La Porte Tract
R. T. Sims, owner
R-1, Low Density Residential
Mr. Sims has constructed a carport that is attached to the side
of his house located at 525 South 7th Street (see Exhibit A). As
indicated on Exhibit A, the carport not only exceeds the ten feet
(10') side yard setback required by ordinance, (see Exhibit B), it
also encroaches four feet, six inches (4.5') into the adjacent West
"E" Street right of way. The City did not permit the construction of
this carport.
On May 16, 1988, after inspecting this structure, City Inspector
Mark Lewis contacted Mr. Sims and advised him regarding the problems
relating to this job, specifically, no building permit and failure to
meet zoning ordinance setback requirements. At Mr. Lewis' request,
the City's survey field crew verified the West "E" Street right of way
boundaries in relation to this structure (Exhibit A).
On May 19, 1988, Mr. Lewis mailed the attached notices of
violation and explanatory letter to Mr. Sims (see Exhibits C-1, C-2,
C-3). The notices of violation gave Mr. Sims ten days to abate the
violation by removing the carport and obtaining a building permit for
any remaining portion of the structure that complied with setback
requirements.
On May 25, 1988, Mr. Sims applied for a building permit (see
Exhibit D) for the total structure. This permit application was
denied by Mr. Lewis. Subsequent to denial, Mr. Sims filed this appeal
as provided for by Section 11-604 of Ordinance ~~1501.
Appeals to the Board of Adjustment are provided for as follows:
Section 11-604 Appeals to Board of Adjustment
•
Appeals to the Board of Adjustment may be taken by any person
aggrieved or by any officer, department or board, of the City
of La Porte affected by any decision of the enforcement
officer. Such appeal shall be taken within thirty (30) days
as provided by the rules of procedure of the Board of
Adjustment, by filing with the enforcement officer from whom
the appeal is taken specifying the grounds thereof. The
enforcement officer from whom the appeal is taken shall
forthwith transmit to the Board of Adjustment all papers
Sims Appeal of Enforcement Officer's Decision
Page 2
•
constituting the record upon which the action appealed from was taken.
1. When Appeals Stay. 1~ 1 P~oceedin~s
An appeal stays all proceedings in furtherance of the
action appealed from, unless the enforcement officer
from whom the appeal is taken certifies to the Board of
Adjustment after notice of appeal shall have been filed
with him that by reason of facts stated in the
certificate a stay would, in his opinion, cause
immediate peril to life or property. In such case
proceedings shall not be stayed otherwise than by a
restraining order which may be granted by the Board of
Adjustment or by a court of record on application on
notice of the enforcement officer from whom the appeal
is taken and on due cause shown.
2. Time for and Notice of Heari~,g of Apgeal
The Board o
the hearing
as well as
• decide the
hearing any
attorney.
f Adjustment shall fix a reasonable time for
of the appeal, give public notice thereof,
due notice to the parties in interest, and
same within a reasonable time. Upon the
party may appear in person or by agent or
3. Action on Ao~eal
In exercising the powers set forth in Section 11-603,
the Board of Adjustment may, in conformity with the
provisions of this Ordinance, reverse or affirm, wholly
or partly, or may modify the order, requirement,
decision, or determination as ought to be made, and to
that end shall have all the powers of the enforcement
officer from whom the appeal is taken.
The Board must find the following in order to grant an
appeal:
a. That there is a reasonable difference of
interpretation as to the specific intent of the
zoning regulations or zoning map, provided the
interruption of the enforcement officer is a
reasonable presumption and the zoning ordinance is
unreasonable.
b. That the resulting interpretation will not grant a
• special privilege to one property inconsistent with
other properties or uses similarly situated.
c. The decision of the Board must be in the best
interest of the community and consistent with the
Sims' Appeal of Enforcement Officer's Decision
Page 3
•
•
spirit and interest of the City's zoning laws and the Comprehensive
Plan of the City of La Porte.
In accordance with the requirements of the zoning ordinance, the
City has stayed action on the notices of violation, pending the
outcome of this hearing.
Mr. Sims' appeal is based on the contention that setback
requirements should not apply to carports due to the fact they are
"open" structures without enclosing side walls. As of the date this
report is being written, Mr. Sims has not submitted any information
other than the attached application form. He has been informed of
both the meeting date and agenda deadline date. Any additional
information he may provide prior to the agenda deadline date will be
attached to this report.
Summarv:
Section 3-100 of the zoning ordinance defines "Setback Line" as
"the closest point to any property line or utility easement which may
be occupied by a structure. Further, this section defines "structure"
• as "that which is built or constructed". The zoning ordinance
definitions of these terms clearly show that carports, as structures,
are intended to be subject to the setback requirements of this
ordinance. Therefore in staff's opinion, a "reasonable difference of
interpretation as to the specific intent of the zoning regulations..."
(Section 11-604.3.a) as they apply to carport setbacks does not exist.
Further, as carports are regulated as structures subject to
setback requirements throughout the City, granting this appeal would
constitute a granting of "special privilege" as prohibited by Section
11-604.3.b.
The third condition listed for granting an appeal is that it be
"... in the best interest of the community and consistent with the
spirit and interest of the City's zoning laws and the Comprehensive
Plan of the City of La Porte" (Section 11-604.3.c). In staff's
opinion, as there is not a reasonable difference in interpretation of
the ordinance, and also that a granting of this appeal would
constitute a granting of special privilege, it is not in the best
interest of the community or the Comprehensive Plan that this request
be granted.
As a final consideration, it must be noted that regardless of the
Board's decision in this matter, the four feet, six inches (4.5') of
carport encroaching onto the West "E" Street right of way must be
• removed. The City's prohibition of private structures encroaching
onto right of way is not subject to appeal.
•
Sims' Appeal to Enforcing Officer's Decision
Page 4
:]
•
Conclusion•
•
This request does not meet the prerequisite requirements for the
granting of an appeal to the enforcing officer's decision.
Recommendations
Deny this appeal. Denial of this request will result in the
notices to abate being acted on by the City. The ten days specified
will be counted from the first day following the June 16, 1988 Board
of Adjustments hearing.
•
i
. v~ . .
W
b
HIV
~.~_ .
r
-~ ;~-
M
fJLLC~'
• -~-.• .
~ {'
` +'~1~
~
a~
~
t
'
~ n ~ cS
} ~~
'
ti
' ;
,;
.
'
~)
t~
y.~
a
` - `4::r~~.,k= ~.j. S~,n ~
,~
r
~,,tti,.
3 > ee ~ mac,;
~
~~~t~ F~~~ ?{:~ it f~
~ i~ L~t~:; r ~y F;?Yta'ry' .(~Tt v
•: t~~2ti-.^~
r
'
T
~
4 ;?~a~
~ .°"~T'~t.'yeal
- m f
.. - ~
` r ~
1
~ l
,
t
,~~
\ .v~ r Yn"
, lSc,•
~;;'.i
.'t t}
w
~y
_r
y
R
~ S
` ~ ~
~ 4
i.
7V': 1
r S
rld t
~tE S. ~ ~
„~3)
i`~ f r.: ~
~'- o ;' W
' : ~
z _ -t' v .
~
- ^
x ~ •, ~
,~"
~: ~ .. ~ ,
.
,
°, , ~t 3
r ; ::~: ~ ' ~ :u ~- -
;cr
~ ~+ Q~ ~
t.'
.. _ ,
.'~t-, ~ f ~ 1
.
--- .r ~
~;a
~
~ a~
~ ;. ~ ~._W ~_
~ ~-~ -
(Q'~~
_ _
`y l _
\ - ~
u r
~ J
~ `~ ...y~
-- a--e ~ _ , _ "
~.--~-
,
~
~
It v 3 sr
`,~
_
~
-
_ - -_._-- -------•~ _
fir^,
.
_. .. ,
_
.. .,
.. ..
.. _ -
,
..
~?
,_ r
.,
-
•
•
-29-
C
O USES (SIC CODE ~~) ZONES
R-1 R-2 ~R-3 MH
Tool Houses, Sheds, Storage Building
(Non-Commercial. Associated with Residence) A A A A
Boarding or Renting of Rooms
(1 person max.) A A A A
Off-Street Loading. (Refer to Sect. 10-700) ~ # A
Off-Street Parking (Refer to Sect:~10-600) A A A A
Petroleum Pipelines (Restricted to existing
pipeline corridors) p p p p
Residential Density Bonus, as provided in
Sect. 5-800 G C C C C
Secondary Dwelling Units C p p #
5-700 Table B - Residential
2 3,4~
C5-;f6 , 10 7 ~
8~ Min. Min. Min. Max. Min. Min. Max. Lot
Uses Lot Lot ~-ard Height Site Devel. Coverage/
Area/D.U. Width S tbacks Area/ Open Sp./ Min. Land-
S.F. L.F. .F Unit• Unit scaping
F.R.S. S.F. S.F. Req. g
Single ~, 9100
~amily 6000 50 25-15-5 35 Ft. 4.8 -- 40%/N/A
etached DU/A
Single ~
Family 43560
Large 43560 100 25-15-5 45 Ft. 1.0 --- 309/N/A
Lot DU/A
. Single
Family 7300
Special 4500 40 20-10-0 35 Ft. 6.0 Footnote 60%/N/A
Lot, 0 DU/A ~~1*
Lot Line
E
~J
lc
6.
7.,
e___ya_rds adjacent
-32-
lic R.O.W.'s must be ten feet (10')
In the case of zero lot line housing, the side setback opposite
the zero lot line must be ten feet (10').
D.U.A. is an abbreviation for dwelling units per acre, or the
maximum density permitted.
8. All structures except slab on grade, shall be placed on a
foundation system described as: An assembly of materials con=
structed below or partially below grade, not intended to be
removed from its installation site, which is designed to
support the structure and engi'rteered to resist they imposition
of external forces as defined by the Standard Buillding Code, or
in the~case of a modular home, the requirements of the TDLS.
Such foundation system shall be skirted or enclosed with wood
or masonry to give the appearance of a solid foundation, if
one is not provided, compatible with the appearance of adjacent
housing, and subject to the requirerr,ents of the Southern
Building Code.
9. See Section 10 - 500 through Section 10 - 508 for additional
requirements.
I
10. No sign shall be located in a sight triangle so as~~to obstruct
traffic visibility at a level between three feet (3') and six
feet (6') as measured above adjacent road grade.
Section 5 - 800 Special Use Performance Standards-Residential
A. Required Screening
1. A planting strip shall consist of evergreen groundeover, and _
shall be of sufficient width and density to provide an effec-
tive screen. The planting strip shall contain no structures
or other use. Such planting strip shall not be less than six
feet (6') in height. Earth,.mounding or berms may be used, but
..shall not be used to achieve more than two feet (2!) of the
required sc.r,een.
2. Standards:
a. Width of planting strip - four feet (4'),
. b. Type of planting - evergreen.
c. Size of plants - Minimal height of four feet (4') at time
of planting. Must reach a height of
d.
Plantin
g density six feet (b') within two (2) years.
- Such that within two (2) years of
normal growth, a solid screen will
o ~ ~ ~
%
~ be formed to a height of at least
six feet (6') above adjacent grade
.
,~-^
C
L
~ ITY OF A PORTS
1
PHONE 1713) 471 •5020
` • P. O . BOX 11 15 • LA PORTS.' TEXAS 77571
~
• j+
i
,~. : ~,,,
_ .
~ !'~
u ~-
-'~ y
)
.wYL'.d::`..,. ,.... ..,...~._.. .. .sw~ .~..:.twht i.d..~.....:.ila a.. Sn'~,1.Ldhaw.,:i`„J..~...~+~dA~.ix~ai.4.'r:H.k-a-.gtrl+'~.~.i;F4rHn4l_,.vtl.~1'w-;~L":.-W.cSni4:.au~.a.4.w~Y~..Cu.ua~~... w.. ... _..... ... . ....
ivtay 19, 1988
~,~,,,, Ronald Sims
525 South 7th Street
La Porte, Texas 77571
Re: Carport
Dear P~ir. Sims,
After visiting with you Monday afternoon, I asked the City's
engineering division to verify the right of way boundaries of ~~lest E
street. The attached drawing was returned to me. As indicated, 4.5
feet of your new carport extends onto the road right of way In
of°der to comply with the City's Zoning Ordinance set back
requirements, 14.5 feet of the structure must be removed.
• 4lhile you have the right to appeal to the City's Zoning Board of
Adjustrients regarding the portion of the carport located on your
property, this appeal may not extend to right of way encroachments.
This rieans that .regardless of the Board's decision, the 4.5 feet of
encroachr;,ent riust be removed.
Please contact me if you have any questions regarding this
natter. I can be reached at 471-5020, ext. 254.
Respectfully,
~~~~~~ ~,
Tviark S. Lewis
r1SL/ke
.~
Attachments
~ h fC-1
Ex R:
• •
P 172 184 119
RECEIPT FOR CERTIFIED MAIL
NONOT FOR NTERNAT ONAL MAIDED
(See Reverse)
• r ent to
o a u ~ T. S' s
m
~ Street and No. ~ S+
ado s ~
~ P.O., fate and ZIP Code
o ~~o T' ~s7
a $
Cf Postage ,2 5
rN
~ Certified Fee ~ ~5
Special Delivery Fee
Restricted Delivery Fee ~-~~i~
Return Receipt Showing ~ a
to whom and Date Delivered
- - - a Return receipt showing to whom,
rn Date, and Address of Delivery
TOTAL Postage and Fees $
~
~
.
v_
c Postmark or Date ':;.il~ \' `•,
l
.~+ i ~~~
M s/-~ ``~
~~1
~
,~
'~~
~:
~
~-~.~/
- a -•----
• `~~
r •~ •~
®~~`` ~ CITY OF LA FORTE
:;
PHONE 1713 ) 471-5020 • P. O. BOx i i 15 • Lq POR7~E. TExgs 77571
7
• ~ 1
`e... ~:-....: `v ~-.... .'".,rte'. .,,~... -. _ . -
., :.
- .. ~.w.,, ~~~::~..,YU.r..._:-....-_..,..~as-:.u .,:a ..mac... .~:a _. ~ ..._..,...;: _..n.;~: ~_... ~_. -._ _ ..
NOTICE TO ABATE VIOLATION ~j'~' ^,~,~~s~
OF d /~_~
CITY OF LA FORTE ORDINAP?CE PIO. 1532 (~o°'r I .P, ~~ ,n
v
A~r-~ i~ o ',.d15
May 19, 1988 CERTIFIED MAIL RCPT. ~ ~µ.~
P ~~172 184 119 ~1K ~',``~
Ronald T. Sims ~`~''IDN .
525 South 7th Street
La Porte, Texas 77571
LOCATIOIJ OF VIOLATION: Blk. 115; Lts. 11-16; La Porte; 525
South 7th Street
Dear lwtr. Sims,
Having received information and proof that at the above
location a violation exists under the City of La Porte
• Ordinance l?o. 152. The nature of said violation being as
follows:
Failure to obtain a building permit before erecting a
structure as required by Section 10~ of the 185 Standard
Building Code as adopted by City Ordinance ?~15~2.
Now therefore, you are Y-ereby notified to abate said
violation within 10 days from receipt of this notice is hereby
designated as a reasonable time within which such abatement
should be accomplished. Failure to abate said violation within
the above specified time will constitute a misdemeanor offense
under the same above mentioned ordinance and you will be
subjected to prosecution in the municipal court of this City.
A copy of said notice is being sent to the office of the
municipal court of the City of La Porte.
H~
Respectfully,
i~~~~f
iviark S. Lewis
Code Enforcement
CED/5-'84
•
rxh~b~t C-~-
•
•
txh~b;t c-~
•
-.~ P 172 184 118
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED
NOT FOR INTERNATIONAL MAIL
(See Reverse)
`* S t to
o
S
Q
m
v Street and No. S~'
S S SU UT `7~' e
P.O., State and ZIP Code
7?S7
q ~Gc v
t7 Postage $ 2S
to
* Certified Fee 8 5
Special Delivery Fee
Restricted Delivery Fee
Return Receipt Showing
to whom and Date Delivered
~ Q
a Return receipt showing to whom,
rn Date, and Address of Delivery
T
TOTAL Postage and Fees $
c~ 00
u_
o Postmark or Date _ _
o S// U
m
co -
1
o ~ ~~
ur .~:
.-a _.
--- ,~..._.~~ __..
-----
~_
-. ~~ .~
CITY OF LA FORTE
~{ PHONE ( 713 ) 471.5020 • P. O. Box 11 15 • LA PORT E, TEXAS 77571
• Y
-' ~ 'y ~ , ~ -+°'
.. ,
• ., . .. . .
NOTICE TO ABATE VIOLATIOId SIti~~ aJ~
OF ~~ ~ i ~ L~ ,~.~
CITY OF LA PORTS ORDIP~APICE IdO. 1501 ,~~`1w~ ~' ~ ~ p-~~`
~~~ ~'~ ~ I
w ~ `~51~
•• May 19, 1988 CERTIFIED MAIL RCPT. S~ ~ s ~`~
P ~E172 184 118 B,w`'~
Ronald T. Sims
525 South 7th Street
• La Porte, Texas 77571
LOCATION OF VIOLATI0I~1: Blk. 115; Lts. 11-16; La Porte; 525
South 7th Street
Dear 1~Ir. Sims,
Having received information and proof that at the above
location a violation exists under the City of La Porte
• Ordinance No. 1501. The nature of said violation being as
follows:
Erection of a structure that does not meet the set back
requirements of section 5-700 of Ordinance 01501.
P1ota therefore, you are hereby notified to abate said
violation within .a0 days from receipt of this notice is hereby
designated as a reasonable time within ~•rhich such abatement
should be accomplished. Failure to abate said violation within
the above specified time ~aill constitute a misdemeanor offense
under the same above mentioned ordinance and you will be
subjected to prosecution in the municipal court of this City.
A copy of said notice is being sent to the office of the
municipal court of the City of La Porte.
`~ Res ectf/ully,
~j• ~_
Mark S. Lewis
Code Enforcement
CED/5-'84
~~hxi bit ~~3
•
~ 1
^1~^ ^ ^ w ^ s ^ w w ~.. w is s ^
~' ~ V V
Jurisdiction of
pplicant io complete numbered spaces only. r~ ~'~~ ~ ' 2
D
'" e
O
'
O
I
u
u
JOD ADOR E53
LEGAL
1 DESCR. LOT NO.
// ~ /r / ~
/I/ DLM
// TRACT SEE ATTACNED SNEET)
OWNER ~- MAIL ADDR E~S7S ~7 ZIP PHON/E/ ~)
CONTRACTOR MAIL ADDRESS
3 5~~~• PNONE REGISTRATION NO.
ARCNITECT OR DESIGNER MAIL ADDRESS
4 PHONE REGISTRATION NO.
ENGINEER MAIL ADDRESS
5 -- PNDNE - REGISTRATION NO.
i
LENDER MAIL ADDRESS
DRANCN
USE OF BUILDING (~ ~/1`
7 ~~/ ~ ~ /
`
8 Class of work
: NEW ^ ADDITION O ALTERATION G REPAIR O MOVE ~ REMOVE
9 Describe work:
~ hl~ -' C/ars v zcr S~~/~~-G
~ ~i hcw~«.~'3 ZS ~ - - -
10 Valuation of work: $
PLAN CHECK FEE
PERMIT FEE
SPECIAL CONDITIONS:
Type of
Occupancy
Const. Group Division
Size of Bldg. No. of Max.
(Total) Sq. Ft. Stories Occ. Load
Fire Use Fire Sprinklers
APPLICATION ACCEPTED BT. PLANS CHECKED BY. APPROVED FOH ISSUANCE 8~. ZOne Zone Required ^yes ^No
~ No. of
Dwelling Units OFFSTREET PARKING SPACES:
Covered Uncovered
NOTICE Special Approvals Required Received Not Required
SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL, PLUMB- zoNING
ING, HEATING, VENTILATING OR AIR CONDITIONING.
THIS PERMIT BECOMES NULL AND VOID IF WORK OR CON- HEALTH DEPT.
STRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 6 FIRE DEPT.
MONTHS, OR IF CONSTRUCTION OR WORK IS SUSPENDED OR
ABANDONED FOR A PERIOD bF 6 MONTHS AT ANY TIME AFTER SOIL REPORT
WORK iS COMMj=NCED. OTHER (speclty-
I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS
APPLICATION AND KNOW THE SAME TO BE TRUE AND CORRECT -
.
ALL PROVISIONS OF LAWS AND ORDINANCES GOVERNING THIS
TYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED
HEREIN OR NOT, THE GRANTING OF A PERMIT DOES NOT
PRESUME TO IVE AUTHORITY TO VIOLATE OR CANCEL THE
PROVISIONS O ANY OTHER STATE OR LOCAL LAW REGULATING
CONSTRUCTION OR THE PERFORMANCE OF CONSTRUCTION
.
TRACTOR AU TN ORIZED AGENT (DATE)
O
C
SIGNA TU
O N\
/)
//~~~
/
/
~ ,
SIGNA URE OF OWNER IF OWNER DU IL OE R) (DATE)
WHEN PROPERLY VALIDATED IIN THIS SPACE) THIS IS YOUR PERMIT
LAN CHECK VALIDATION CK. M.O. CASH PERMIT VALIDATION CK. M.O. CASH
L~ l- ' ~ ~ y
r. ~ ~
CITY OF LA PORTS •
' ZONING BOAP,D OF ADJUST~9ENT
SPECIAL EXCEPTION REQUEST
• --------------- -------- --- ~.SG'~~ ---------APPlication P1o.. -~~ _-~Q~ -
OFFICE USE 0~•1LY : Fee : $8- Date Receive d
Receipt No.:
NOTE: This Fee
- is P1on-Refundable Regardless of the Boar
----
---------------
--
----
- d's
---- Decision.
-----------
-------------- -
J
~~~' --
------------
~Ti"'~~`-
Applicant: /
Name
Address
I am the owner of the herein described property. I have authorized
to•act on my behalf in this matter.
Owner:
Name
PH.
Address
I am requesting a Special Exception to Sect. /L GU.~Sv13 ,8 of the City
Zoning Ordinance i`lo. 1501. I am requesting this Special Exception for
property located at ZU~ /V, ~F LoTs /-/y ;g-~,.,a
Address Legal Description
(~1 Site Plan ( ) Minor Development Site Plan
i ( ) Major Development Site Plan ( ) 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 malting this request.
~ If applicant is NOT the owner, he m st e Authoriz to act
on the Owner's behalf.
S-3/-8~
Date Ap icant's Signature
-----------------------------------------------------------------------
OFFICE USE OP7LY
Site Plan and Authorization (if applicable) attached? Yes ( ) No ( )
Date transmitted to the Board of Adjustments:
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 the
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:
(1) 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.
(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 (~) 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) !daiving 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.
FACTS RELEVAPIT TO THIS MATTER:
/Z~"; %~ i~ ~, ~~. / /vim
•
.'~ •
•
PAGE 3
TYPE OF RELIEF BEING SOUGHT:
Oil O~ % <~~' ~/~ pyvT ,~/~~ %G-~'i-%
~ ~ «~,
THE GROUNDS FOR THE REQUEST:
•
CED/1-'87
i1 A
•
MECHANICAL REPAIR & ENGINEERING, INC.
202 NORTH 18TH • P. O. BOX 1542 LA PORTS, TEXAS 77571 • (713) 471-1061
June 3, 1988
City of LaPorte
P.0. Box 1115
La Porte, Texas 77572-1115
Attn: Mr. Mark Lewis
Dear Mr. Lewis:
RECEIVED
JUN - 6 i°$8
CODE CNFORCEMENT
The original buildings were built in 1978, 1979, 1980 and 1981.
At that time you could build up to the property. I built within
six (6) inches of my front North 18th property line.
I wish to continue extending my building to the "north. The bridge
• crane rails in my shop run north and south. I must have overhead
bridge cranes to handle the heavy equipment I work on.
I am zoned light industrial
road.
Sincerely,
Doug Latimer
DL/cjc
North 18th is a dedicated extra wide
•
•
Tyne of Request: Special Exception to front setback requirements
under the provisions of Section 11-605.2.b.1
• Requested For: Mechanical Repair and Engineering, Inc.
202 North 18th Street
Block 690, Lots 1-16 and adjacent alley, La Porte
Tract
Requested By:
Property Zonis
Background
Doug Latimer, owner
L.I., Light Industrial
Mechanical Repair and Engineering, Inc.; an existing machine shop
specializing in the repair of heavy industrial equipment; is located
in a Light Industrial (L.I.) zone. The zoning at this location is
appropriate for this type of establishment. At the time of
construction, the Mechanical Repair Building met all zoning
requirements. With the adoption of the City's current zoning
ordinance (41501) the building was rendered non-conforming due to
changes to front setback requirements.
Mr. Latimer is proposing to build a ninety feet by one hundred
thirty-three feet (90' x 133', 11,970 square feet) addition onto the
• existing building (see Exhibit A). The addition which is to be used
for storage purposes, will have the same front setback as the existing
building. This is necessary in order for Mr. Latimer's overhead crane
tracks to be extended along the full length of his building.
Analysis:
Section 11-605.2.b.1 allows for a special exception to front
setbacks in cases where the actual front setback of any abutting lot
does not meet ordinance requirements.
This is the case with Mr. Latimer's building (see Exhibit B).
The existing building occupies Lots 7-15 and 1/2 of Lot 6. The
proposed addition will occupy Lots 1-6.
As proposed, this addition will meet all other applicable zoning
requirements. Side and rear setbacks will be met. The maximum
seventy per cent (70~) lot coverage allowed in Light Industrial (L.I.)
zones will not be exceeded. (Actual lot coverage will be fifty-nine
percent, 59~.) Based on the proposed use of the addition for storage,
existing parking is adequate.
Conclu ion•
This request meets the prerequisite requirements for granting a
• special exception.
Latimer Special Exception Request
Page 2
•
Recommendation:
CJ
Grant this special exception for 202 North 18th Street; Block
690, Lots 1-16, La Porte Tract; allowing the construction of a
building conforming to the setbacks indicated on the attached site
plan identified as Mechanical Repair and Engineering, Inc.; 202 North
18th Street, La Porte, Texas; dated May 1988 and signed by Mr. Doug
Latimer.
•
•~ •~
t
N
I
•
1/
north 18
Street
• 2
Polk Street
• ~~ 11
~ x h, b• f ~
~rrent Size:
I ,330 sq. ft.
~ndsize:
6,400 sq. ft.
0'
~~~
q
Plot Plan 5/88 ~,
Mechanical Repair and Engineering
•i
678
20.2
~I
~~i
~.
.W
I
•
~~
(~
Parking
19.9
~ ~
// ~ ~
S
~ - g-
7 X
~`,\ ~
a x
x
.~ ,~ (o
~ Parktnq Q
~ !( ~ Open Storo e
. ~ ~L
ly
19.41 i 3
I !~f 201 x
202
a ' ~t
~ \ !G
`r ~ ~ F-~
N ~~
Po L~ st.
a \
U l
~iI ~ 126 i t25 ~, \
L ~~ ~~
XL! ~~
b~
89
18.7
aln . ~~ P.~% .
~ • • ~~ , j ~" J 1'
BOARD OF ADJUSTMEAITS AGENDA REQUEST ~ le +'z-1
• Agenda Date Requested: February 18, 1988
Requested By: Irlvcoff & Associates - 227 North 8th Street
Special Exception: X Variance: Appeal: Other:
Exhibits: Information for City Secretary to prepare Public
Hearing Not is e
,~iIMMARY ~ RECOMMENDATION
Summary:
Deadline for public notices - Noon, February 1, 1988
Agenda packet to be prepared and sent to Board Members
by February 5, 1988
•
Action Recomended By Staff:
E.J. Griffith
Zoning Administrator
f ~
Joe ~ Albrecht
Di ector of Comm. Development
•
~ • •
BOARD OF ADJUSTMENTS AGENDA REQUEST
• Agenda Date Requested: FEBRUARY 18, 1988
Requested By: Leading Li ht ~~~76 0 E S - 401 North 5th St.
Special Exception: X Variance: Appeal: Other:
Exhibits: Information for City Secretary to prepare Public
Hearing notice
SUMMARY & RECOMMENDATION
•
Summary:
Deadline for public notices - Noon, February 1, 1988
Agenda packet to be prepared and sent to Board Members
by February 5, 1988
Action Recomended By Staff:
l '
~ - _ ~ ;~ O ~ ~ ~~~=--
~, ~ ,
.,
E J . G ' ffi ~~~jj~~ Jo 1 Albrecht
Zon ng Adm nYstrator D'rector of Comm. Development
•
~~~2vesfe /Gtr ~~~~ G;~`G-2- ~ ~ ~ ~?l
5 /
• ~ G K t „~ l~~ r~l ~7 /1 G~ J / S ~nd (h ~/ l~ ~7 /1 ~ ~O l t G. E .!
~' f L~~P,~~ L,y~~ ~ j 16 p•~, s,
Lis ~7~-l~• l3/~~ q'v ~ ~.k/'oife
l ~ / J L
~2Q~cf7i~. S t~t~.( ~xcJ~r,T~• v~ vn,~.t.(' ~'~-t ~'r~Jv~fto~ s d~
~r
41~,~1.. ~~ I Sl> l Se~~toh ll-~os,~a •l~ G.l/ate. ew~lrf~..~,,~~.,,--t
_ O ~ a !~v i'~,,~ y pG~~ f/,.. ~ 1j-~I ,c„ j~a~t-Low fib r~^- ~..2h !is -2
J / 1 J
y ~ o ~-~ ~ ,~sf ~~,~ ~~s .~w ~.
,y Q
Z ~~ ~ar(~ ~ ~~ ~~rd~~ t f ~f~loCvc ~5
~~GLv~4~~^~ 5 2,~1~-/ exL~-!~ f u~ /~~Xy ~~^-~~i~d~ts/u~S dJ`
/ / q
6('~~rw. ~.. G ~~ 1 SU 1 J 'LL f O "~ ~/'"C~ D S ~ ~ • ~ •1 ~D 4. ~l aGV GO''~S ~I'UL ~D /1
!~~ GL ,~7v ~ ~~ , ~ y G~.O~OI,1, ~1 d r~ ~1 n7~' ~D ~S l10 ~ /11 1 ,L f' ~~'i k ~ jl~! ~'J4--L~
_•
THE STATE OF TEXAS )
• COUNTY OF HARRIS )
CITY OF LA PORTE )
•
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Ordinance 1501,-the Zoning
Ordinance of the City of La Porte, a public hearing will be held
by the La Porte Zoning Board of Adjustments at 7:00 P.M. on the
18th day of February, 1988, to consider a request from Wycoff &
Associates, Inc. (Process Products), 227 North Eighth Street, Lots
17-32, Block 69, for a Special Exception under the provisions of
Ordinance 1501 Section 11-605.2.b.1, to allow construction of a
building addition that does not meet front setback requirements.
This hearing will be conducted in the Council Chambers of the La
• Porte City Hall, 604 West Fairmont Parkway. Letters concerning
this matter should be addressed to the City Secretary, P. 0. Box
1115, La Porte, Texas 77571. Those wishing to address this matter
pro or con during the meeting will be required to sign in before
the meeting is convened.
CITY OF LA PORTE
Cherie Black
City Secretary
THE STATE OF TEXAS )
• COUNTY OF HARRIS )
CITY OF LA PORTS )
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Ordinance 1501, the Zoning
Ordinance of the City of La Porte, a public hearing will be held
by the La Porte Zoning Board of Adjustments at 7:00 P.M. on the
18th day of February, 1988, to consider a request from Leading
Light ~~376, O.E.S., 401 North Fifth, Lots 17-18, Block 90, for a
Special Exception under the provisions of Ordinance 1501 Section
11-605.2a, to allow enlargement of a building occupied by a
non-conforming use.
This hearing will be conducted in the Council Chambers of the La
• Porte City Hall, 604 West Fairmont Parkway. Letters concerning
this matter should be addressed to the City Secretary, P. 0. Box
1115, La Porte, Texas 77571. Those wishing to address this matter
pro or con during the meeting will be required to sign in before
the meeting is convened.
CITY OF LA PORTS
Cherie Black
City Secretary
•