HomeMy WebLinkAbout06-16-1988 Public Hearing & Regular Meeting•
•
LA PORTE PLANNING & ZONING
BOARD OF ADJUSTMENTS
PUBLIC HEARING & REGULAR MEETING
JUNE 16, 1988
Deborah Bernay called the meeting to order at 7:25 P.M.
Members Present: Jody Seeger, James Parsons, Jack Humphrey
Member Absent: Gladys Roth
City Staff Present: Joel H. Albrecht, Director of Community
Development; Ervin J. Griffith, Building Official/Zoning
Administrator; Nina Bergeron, Community Development Secretary;
John Armstrong, Assistant City Attorney
Others Present: R.T. Sims, property owner at 525 South 7th;
Teresa Sims, property owner at 525 South 7th; E.G. Clarke,
District 6 Representative, City Council
• First on the agenda was to consider approving the minutes from the May
12, 1933 Public Hearing and Regular Meeting. There was a motion by
Jody Seeger and a second by Jack Humphrey to approve the minutes as
presented. The vote was unanimous.
Next on the agenda was to consider an appeal by Mr. R.T. Sims to the
enforcing officer's decision regarding side yard setbacks as regulated
by Section 5-700, Table "B" of Ordinance #1501.
Staff reports that Mr. Sims carport not only exceeds the ten feet
(101) side yard setback required by ordinance, but also encroaches
four feet, six inches (4.51) into the adjacent west "E" Street right
of way. The City did not permit the construction of this carport.
Property owners within the two hundred feet (2001) area were notified.
Seventeen (17) notices were sent out with five (5) replies returned in
favor of and none in opposition.
Staff, in conclusion, stated that this request does not meet the
prerequisite requirements. Staff is recommending that the Board deny
this appeal.
After being sworn in under oath, R. T. Sims submitted fourteen (14)
letters (plus the five mailed in) from surrounding property owners
supporting his appeal along with pictures of the carport. He
• expressed his reasons for keeping his carport.
•
•
Board of Adjustments Minutes
June 16, 1988
Page 2
E.G. Clarke came forward and spoke in Mr. Sims' behalf after being
sworn in.
Teresa Sims was sworn in and questioned the changes in the ordinance.
After more discussion, there was a motion by Jack Humphrey and a
second by Jody Seeger to deny the appeal by Mr. Sims to the enforcing
officer's decision. The vote was unanimous and the motion carried.
Mr. Sims will receive a letter from the Board of Adjustments notifying
him of this decision.
The fourth item on the agenda was to consider a request by Mr. Doug
Latimer on behalf of Mechanical Repair and Engineering Inc. for a
Special Exception to front yard setback requirements for 202 North
18th Street as provided for by Section 11-605.2.b.1 of Ordinance
1111501.
Staff reports that in order for Mr. Latimer's overhead crane tracks to
be extended and due to the fact that this is a non -conforming
structure, a Special Exception is necessary because of the setback
requirements in the current zoning ordinance. When the structure was
constructed, the Mechanical Repair Building met all zoning
requirements.
Staff is recommending that the Special Exception be granted to
Mechanical Repair and Engineering, Inc. They meet all of the
necessary requirements.
After being sworn in under oath, Mr. Doug Latimer explained to the
Board the reason for this construction to extend the overhead crane
tracks.
After discussion, there was a motion by Jack Humphrey and a second by
Jody Seeger to grant this Special Exception to Doug Latimer on behalf
of Mechanical Repair and Engineering, Inc. The vote was unanimous and
the motion carried.
There was a motion by Jack Humphrey and a second by Jody Seeger to
adjourn. The vote was unanimous and the meeting was adjourned at 8:10
P.M.
Respectfully submitted,
Karen Eads, Inspection Secretary
• Deborah Bernay, Chairman of the Board of Adjustments
Gladys Roth, Secretary of the Board of Adjustments
RE CEIV -D
McDonald's Corporation
COMM. DELI. 3707 FM 1960 West
Suite 300
PftCnonald's t Houston, Texas 77068-3560
713/580-3322
August 23, 1988
Mr. Joel Albrecht
City of La Porte
604 W. Fairmont Parkway
La Porte, TX 77571
Dear Mr. Albrecht:
Per our telephone conversation, McDonald's would like to request
the following two variances from the City of La Porte:
(1) A variance to relocate the La Porte State Bank
community sign.
(2) A variance in yard exceptions for corner lots
(11-605.2A3).
• Your assistance in scheduling McDonald's for the meeting on
September 8, 1988 will be appreciated.
The check for these variances should be in your office by
Monday, August 29, 1988.
Best Regards,
Pepper M ssingill
0
• CITY OF LA PORTE •
ZONING BOARD OF ADJUSTMENT
SPECIAL EXCEPTION REQUEST
--------------------------------------
• Application No.: 99 - co
OFFICE USE ONLY: Fee: $50.00 Date Received: _-124
Receipt No.: Sqg.35
NOTE: This Fee is Non -Refundable Regardless of the Board's Decision.
-----------------------------------------------------------------
Applicant• McDonald's Corporation
Name
3707 FM 1960 West, Houston, .Tx,. PH: 580-3322
Suite 300 Address 77068-3560;',
I am the owner of the herein described property. Y have authorized
Pepper Massingill to act on my.behalf in this matter.
owner*: McDonald's Corporation
Name
3707 FM 1960 West, Houston, Texas PH: 580-3322
Suite 300 Address 77068-3560
I am requesting a Special Exception to Sect.4-201.6 of the City
Zoning Ordinance No. 1501. I am requesting this Special Exception for
property located at 1102 So 8th Street Blk 1101; Lots 22 -12; La -Porte
Address Legal Description
( ) Site Plan W 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
on the Owner's beh lf.
a e
OFFICE USE ONLY
ov��e,Authorization to act
ppl,icant'A/Signature
Site Plan and Authorization (if applicable) attached? Yes ( ) No ( )
Date transmitted to the Board of Adjustments:
Meeting Date: Sept. 8, 1988 Applicant Notified of Date:
•
Board's
Decision: Approved
( ) Denied ( )
Notice
of Board Decision mailed
to Applicant/Owner:
Gc
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 (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.
FACTS RELEVANT TO THIS MATTER:
A new McDonald's restaurant is to be located on Lots 26-32 of
Block 1101. A portion of this property is occupied by a sign
owned by La Porte State Bank. This sign is a legal Dre-existing
•
non -conforming
use It
is McDonald's
intention
to
allow this
sign to remain
on this
site, it must;
however,
be
relocated to
another area to make room for the restaurant construction.
O
0
•c
E
is
PAGE 3
TYPE OF RELIEF BEING SOUGHT:
McDonald's requests a Special Exception under the terms of
Section 11-605.2.a of the City of La Porte's Zoning Ordinance
No. 1501,
THE GROUNDS FOR THE REQUEST:
The La Porte State Bank sign, commonly known as GUS, is a leaal
pre-existing non -conforming use. Section 11-602.2.a of the La Porte's
Zoning Ordinance allows, (subject to the granting of a Special
Exception)a non -conforming use to be reconstructed on the same lot
of record. McDonald's feels the relocation of GUS will constitute
such a reconstruction.
We further believe that such a reconstruction will not adversely
affect the value or use of surrounding property, nor will it be
contrary to the best public interest of the City of La Porte
CED/ ? - 187
40
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•
•
•
REQUEST NO. 88-009
TYPE OF REQUEST: Special Exception to Section 4-201.6 (Relocation of
a Non -conforming Use)
REQUESTED FOR: 1101 South 8th Street
LEGAL DESCRIPTION: Lots 26-32; Block 1101; La Porte Tract
REQUESTED BY: Mr. Pepper Massingill,.representing McDonald's
"Corporation
BACKGROUND:
McDonald's Corporation is proposing to build a new restaurant to be
located on the southwest corner of the intersection of South 8th
Street and West Fairmont Parkway (See Exhibit A). A preexisting
non -conforming off premise advertising sign located in an area that
would interfere with the planned use of the property. Section
11-605.2.a of the City of La Porte Zoning Ordinance allows for a
Special Exception "to reconstruct, enlarge or extend a building
occupied by a non -conforming use on the lot or tract occupied by such
building, providing that the reconstruction, extension, or enlargement
does not prevent the return of the property to a conforming use."
ANALYSIS•
The sign in question was permitted on July 8, 1987, this was prior to
the adoption of the Interim Sign Regulations (Section 10-1000 of the
City of La Porte Zoning Ordinance), which rendered the sign to be a
non -conforming structure. Staff feels reconstruction of the sign at
another location on the property would not prevent the return of the
property to a conforming use.
RECOMMENDATION:
Staff recommends granting of the Special Exception to allow the
reconstruction of the non -conforming sign to another location on the
property as allowed in Section 11-605.2.a of the City of La Porte
Zoning Ordinance.
•
•
•
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is
•
CERTIFIED RECEIPT:
P#172 184 123
McDonald's Corporation
3707 FM 1960 West
Suite 300
Houston, Texas 77068-3560
RE: Special Exception Request No. 88-009
Dear Mr. Massingill,
This letter, is formal notice of the approval of the Special
Exception Request by the McDonald's Corporation that was considered by
the City of La Porte Zoning Board of Adjustments at their September 8,
1988 meeting. The terms of the special exception are as follows:
1) This Special Exception is valid for: 1100 South 8th Street
Legal Description: Lots 26-32; Block 1101;
. La Porte Tract
2) Conditions.
This special exception allows the reconstruction of
the non -conforming sign to another location on the
property as allowed in Section 11-605.2.a of the
City of La Porte Zoning Ordinance.
Respectfully,
Ervin J. Griffith,
Building Official/Zoning Administrator
EJG/nd
Jack Humphrey, Chairman of the Board of Adjustments
Gladys Roth, Secretary of the Board of Adjustments
• c CITY OF LA PORTE •
ZONING BOARD OF ADJUSTMENT
SPECIAL EXCEPTION REQUEST
--------------------------------------------------------------------
Application No.: ky _e,1
OFFICE USE ONLY: Fee: $50_.00 Date Received: T-,
Receipt No.: 59R-3/o
NOTE: This Fee is Non -Refundable Regardless of the Board's Decision.
-----------------------------------------------------------------------
Applicant• McDonald'sCorporation
Name 580-3322
3707 FM 1960 West, Ste 300, Houston. Tx. PH:
Address 77068-3.560
I am the owner of the herein described property. I have authorized
Pepper Massingill to act on my.behalf in this matter.
Owner*: -McDonald's Corporation
Name
3707 FM 1960 West, Houston, TexasPH: 580.3322
Suite 300 Address 77068-3560
(Footnote #1)
I am requesting a Special Exception to Sect. 6-50n of the City
Zoning Ordinance No. 1501. I am requesting this Special Exception for
property located at 1102 South Sth St R11c11n1;Tn�-39- T�;rte
Address Legal Description
( ) Site Plan (X) 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 r4An
Authorization to act
on the Owner s b half. L
,
Date picant' Signature
-----------------------------------------------------------------------
OFFICE USE ONLY
Site Plan and Authorization (if applicable) attached? Yes ( ) No ( )
Date transmitted to the Board of Adjustments:
Meeting Date: Sept. 8, 1988'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) Dev_iat_ion 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.
FACTS RELEVANT TO THIS MATTER:
A new M.cD.onald's restaurant is to be located on Lots 26-32 of
Block 1101; La Porte Tract. The western side of these lots
.abutt Little Cedar Bayou, which is a designated conservation
• area. McDonald's is seeking a special exception to Section
6-501, Footnote #1. This footnote requires a twenty (20) foot
landscaped setback area adjacent to all designated ronGPrvarion areas.
C�
PAGE 3
TYPE OF RELIEF BEING SOUGHT:
McDonald's is seeking a special exception under the provisions of
Section 11-605.2.a.3. This provision allows for yard exceptions
on corner lots. McDonald's tract is located at.,the corner of
r.
West Fairmont Parkway and South 8th Street.
THE GROUNDS FOR THE REQUEST:
As noted above. La Port 'R zoning ordinance f-or sp ial
exceptions to yard requirements on corner lots. McDonald's
is not seeking to eliminate the required_20_feet. landscaped _
area, but rather to move it back to within the Little Cedar Bayou
easement. This relocation will allow for the development of
adequate restaurant parkin2facilities.
In return, McDonald's will agree as a condition to this special
exception, to landscape and maintain the designated conservation
area in accordance with City of La Porte specifications.
CED/I—'85Z
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•
•
•
REQUEST lJO. 88-010
TYPE OF REQUEST: Special Exception to Section 6-500, Table B,
Footnote #1 of Ordinance No. 1501
REQUESTED FOR: 1101 South 8th Street
LEGAL DESCRIPTION: Lots 26-32; Block 1101; La Porte Tract
REQUESTED BY: Mr. Pepper Massingill, representing McDonald's
Corporation
BACKGROU :
McDonald's Corporation is proposing to build a new restaurant to be
located on the southwest corner of South 8th Street and blest Fairmont
Parkway (See Exhibit A). As indicated on exhibit A, the western side
of this property is bounded by Little Cedar Bayou. The City's
Official Parks and Recreation reap designates Little Cedar Bayou as a
conservation area (See Exhibit B).
Footnote IN of Commercial Table B (Section 6-500, See Exhibit C)
requires a twenty (20) foot setback adjacent to designated
conservation areas. McDonald's is seeking a Special Exception to this
setback requirement. The exception is being requested under the
provisions of Section 11-605.2.b.3 allows yard exceptions on corner
lots.
ANALYSIS:
The primary intent of the twenty (20) foot landscaped setback adjacent
to designated conservation areas, is to enhance the aesthetic appeal
of La Porte. This is an important and worthwhile objective of the
City's Comprehensive Plan & Zoning Ordinance. However, due to the
relative narrowness of the McDonald's tract, strict enforcement of
this provision may well render this site undevelopable.
•
•
McDonald's Request #88-009
Page 2
•
As indicated of
occupied by the
The reduction
ordinance would
Exhibit A, virtually all useable site area is to be
restaurant, landscaped area, and parking facilities.
of parking necessitated by strict adherence to the
cause a hardship.
RECOMMENDATIONS:
Staff recommends granting the Special Exception for yard setback as
allowed for in Section 11-605.2.b.3 in the City.of La Porte Zoning
Ordinance.
•
•
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EXHIBIT B
-41-
• Section 6 - 500 Table B --Commercial
•
•
(2,6)
(1,3,4,6)
Adj. to
Min.
Min.
Res.
Land-
Max. Yard
Min. Yard
scaping
Lot Setbacks
Setback
Max.
Uses Rea 5
Cov, F. R. S.
F. R. S
Height
R-3 Uses
Density Intensity
Regulations
Specified
(Permitted) 6%
in Table B, Residential, Sect.
5-700
CR Comm. Recreation
Dist.; all permitted
or conditional
NC Neighborhood
Comm.; all per- 6% 50% 20-10-0 20-10-10 45 Ft.
mitted or condi-
tional
GC General Comm.;
all permitted or
6% 40% 20-10-0 20-20-10
45 Ft.
conditional
Outside sales
N/A N/A 5-5-5 Same as
Prin-
N/A
or services
ciple
Use
See
Outside storage
N/A N/A 20-10-5 Same as
Prin-
Sect.
ciple
Use
6-600B
Freestanding
On Premise
Signs
See Section 10-1000
6 - 501 Footnotes
1. A minimum landscape setback of twenty feet (201) will be required
adjacent to all designated conservation areas. Buildings, parking
areas, loading docks, outside storage, and refuse containers will
not be allowed in such setback area. These areas are to be land-
scaped with trees, shrubs, and groundcover, with a planting plan
required to be submitted and approved by the.enforcing officer.
EXHIBIT ('
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•
August 31, 1988
McDonald's Corporation
3707 FM 1960 West
Suite 300
Houston, Texas 77068-3560
RE: Special Exception Request No. 88-010
CERTIFIED RECEIPT:
P# 172 184 124
This letter is formal notice of the approval of the Special
Exception Request by the McDonald's Corporation that was considered by
• the City of La Porte Zoning Board of Adjustments at their September 8,
1988 meeting. The terms of the special exception are as follows:
1) This Special Exception is valid for: 1100 South 8th Street
Legal Description: Lots 26-32; Block 1101;
La Porte Tract
2) Conditions:
This special exception is for yard setbacks as allowed for
in Section 11-605.2.b.3 in the City of La Porte Zoning
Ordinance.
Respectfully,
Ervin J. Griffith,
Building Official/Zoning Administrator
Jack Humphrey, Chairman of the Board of Adjustments
• Gladys Roth, Secretary of the Board of Adjustments