HomeMy WebLinkAbout09-08-1988 Public Hearing and Regular MeetingT f • •
LA PORTE BOARD OF ADJUSTMENTS
• MINUTES OF
SEPTEMBER 8, 1988
Members Present: Deborah Bernay, Jack Humphrey, James Parson,
Jody Seeger
Members Absent: Gladys Roth
City Staff Present; Joel Albrecht, Director of Community
Development; Ervin J. Griffith, Building Official/Zoning
Administrator, Nine Dye, Secretary
Others Present: Pepper Massingill, Representative for rlcDonald's
Corporation
1. CALL TO ORDER
The meeting was called to order by Chairman Jack Humphrey at 7:07
P.M.
. 2. CONSIDER APPROVING MINUTES OF THE JUNE 16, 1988 PUBLIC HEARING
AND REGULAR MEETING
There was a motion by Deborah Bernay and a second by Jody Seeger
to approve the minutes of the June 16, 1988 Board of Adjustments
Meeting. The vote was unanimous and the motion carried.
3. CONSIDER REQUEST FROM MCDONALD'S CORPORATION FOR A SPECIAL
EXCEPTION TO SECTION 4-201.6 OF ORDINANCE N0. 1501
A. Staff's report was given by Joel Albrecht.
B. Pepper Massingill, Representative for McDona7_d's Corporation
was sworn in by Jack Humphrey. McDonald's would like to re-
locate the "GUS" sign to another section on that site.
C. There was a motion by Deborah Bernay and a second by Jody
Seeger to grant the Special Exception. The vote was
unanimous. Jack Humphrey, Chairman was also in favor of this
request.
4. CONSIDER REQUEST FROM MCDONALD'S CORPORATION FOR A SPECIAL
EXCEPTION TO SECTION 6-500, TABLE B, FOOTNOTE ~1 OF ORDINANCE N0.
• 1501
A. Staff's report was given by Joel Albrecht.
t 1 •
BOARD OF ADJUSTMEAIT MTG/g-8-88
• PAGE 2
B. Pepper Massingill, Representative for McDonaldts Corporation
was sworn in by Jack Humphrey. McDonald's would like to be
able to landscape the 20 foot setback adjacent to the
conservation area. This will also increase the beauty of
their restaurant.
C. There was a motion by Jody Seeger an•d a second by Deborah
Bernay to grant this special exception. The vote was
unanimous. Jack Humphrey, Chairman was also in favor of this
request.
5. ADJOURN
There was a motion by Deborah and a second by Jody Seeger to
adjourn. Tile vote was unanimous and the meeting was adjourned at
7:30 P.M.
• ~ N~na Dye, Secretary
Minutes approved on of , 1888•
Janet Graves, Chairman
•
•
•
•
APPEAL OF ENFORCING OFFICER'S DECISION
APPEAL #88-002
DELIA CLAUS
r 1
U
----~ ~ CITY OF LA PORTS ~-
(~r, ~ i988
ZONING BOARD OF ADJUSTMENT
APPEAL OF ENFORCEMENT OFFICER' S DECISION~QC~ Efd~O,~?CE~.IENT
Application No.: 0 ~-
OFFICE USE ONLY: Date Received: 2
-----------------------------------------------------------------------
-~ ~~ ,
Applicant: ,~~,.c;-~~ct~~"~-. =~tl~LG~_/
~~ d~ ~ ~~L~ G7CQi'~~%~~~~~-~%~ PH
Address ~~~ -rJ~
I am the owryer~,of the herein described property. I have authorized
/,~~~~ =~-~<=-~ to act on my behalf in this matter.
Owner* .( ~ c~.-lam-Q~ ~~ ~~C~~~~Q_~
_ _~
_~l%~ ~- ~1~2 ~ ~-G- ~~~~ P H .
Address ~ ~~`-~~.
I am appealing the decision regarding or the interpertation of
Sect. of the City Zoning Ordinance No. 1501. I are making,
this pg~-7 i re ards Ito the property loca d ,~ ~_ ~~~ ~~~
Street Address
•
Legal Description
( ) Site Plan ( ) Minor Development Site Plan
( ) Major Dev,~opmen~_Si~~Pl~ ~~~~~ General Plan
A Site Plan of`~the property is
information requested below on
a) All facts concerning the
b) The type of relief I am
c) The grounds upon which I
attached. Also, I have listed the
the following pages of this form.
matter that has led up to this request.
seeking (setbacks, lot coverage, etc.).
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:
Fleeting Date:
Applicant ~lotified of Date:
Board's Decision: Approved ( ) Denied ( )J
• Notice of Board Decision mailed to Applicant/Owner:
r f~
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 t•IATTER:
• TYPE OF RELIEF BEING SOUGHT:
GROUNDS FOR THE REQUEST:
•
CED/1-'87
APP~L OF ENFORCEMENT OFFICER'~ECISION
O
Request:
~~88-002
n
u
Requested For:
Legal Description:
808 South 2nd Street
ee Exhibit A)
Lots 24-26; Block 54; La Porte Tract
Zoning Classification: R-1 Low Density Residential
Requested Bv:
Background•
h1rs. Delia Claus
808 South 2nd~Street is a single family home located in an R-1
(zone. There was ~a front yard carport on the property, for several
years prior to Hurricane Alicia. The hurricane, in 1983, ,tore the top_~
off the carport effectively destroying the structure. ~'he upright H~Tt~
poles are the only portion of the carport still remaining.
At the time of the hurricane, th_e City's zoning regulations were
gover_n.e-d~by_ Ordinance No. 780. Ordinance No. 780 in sections
11-103(4) and-1-1=1-0-5 made provisions or replacement of a d=e=stroyed
non-conf,orm:ng use if reconstruction was completed within one (1) year
of destruction (see Exhibit B7. o permit applic~a-t-io-n-s-we-r~e-f~ile-c~
within the one (1) year period following the hurricane.
=0n July 6, 1987 (after the adoption of Zoning Or~c.inance No. 1501);
Mr. Claus applied for _a_b_u_ilding permit to rebuild the carport ~ see
Exhibit C)~This permit was denied by the Building Official, David
Paulissen. -
\After having their permit denied, the applicants contacted the
City Manager's office. City Manager, Bob Herrera replied in a letter
dated July 10, 1987 (See Exhibit D). In this letter, Mr. Herrera
advised the Clauses of their right to appeal the Building Official's
denial before the Zoning Board of Adjustments, if the appeal was
;requested within thirty (30) days ofd efi~permit denial. No appeal was'
filed.
~JFollowing t~piration of the thirty (30) day appeal period, Mr
Paulissen was again contacted by Mrs. Claus. He replied by letter,
This letter, dated August 20, 1988, advised Mrs. Claus of her right t
request a variance to allow the reconstruction of her carport (Se
Exhibit-E~~No variance request was filed.
O
Delia Claus
Page 2
0
• •
11/10/88
~~On August ~ 1988, Mrs. Claus once again applied for a building
permit for reconstruction of her carport (See Exhibit F). This permit
was denied by City Building Official, Ervin Griffith.
On August 29, 19$8, Mrs. Claus filed an appeal of Mr. Griffith's
j decision.
As of the date this report was written, Mrs. Claus had submitted
no information to the City other than the attached appeal application
form.
Analysis•
__-As indicated on Exhibit F, Mrs. Claus' house was bui t on t`h.e.
twenty five foot (25') front building line mandated by City
ordinance. The carport indicated on the exhibit was non-conforming
due to the fact that it extended beyond this line. ~ (Exhibit A was
prep ra ed fro nam aerial photograph taken in 1-9$"0, prior to Hurricane
Alicia.)
~~Section 4-~-201(3) of City Zoning Ordinance states that a
mon-conforming structure damaged in excess of fifty percent (50%) of
its value may~not be reconstructed except by a special exception, to
~be granted b the Zoning Board of Adjustments. Section 4-201(3) also
states that determination of the degree of destruction shall be
{determined b a licensed appraiser with the property owner having the
burden of pr~o__i.~g (as Fer Section 4-201[4]) that the structure has not
~be-e-n damaged i~r excess of fifty percent (50%).
Section 4-2 •1 (7) states that a non-conforming structure if
abandoned for a_period of one hundred eighty (180) or more days loses
its right to ~ontinue. In Staff's opinion failure to make application
to rebuild a~ damaged non-conforming structure within one hundred
e~,h~-1'-U-8.0.) days constitutes abandonment.
As noted inJ he background section of this report, no permit
application for r oce n=s.t.ruction of this carport was submitted with in
the one (1) year period following its destruction. The applicant, by
failure to make application within this period, forfeited her right
(under Ordinance No. 7-8~0) to rebuild this structure.
~ Further, the applicant has failed, as required by Ordinance No.
{ 1-5~0~1; to p"rove that the destruction of this carport constitutes damage
o,f less than fifty pe~c~nt (50%) of its value.
Final-I y, the five ('5) years that have passed since the destruction
o-f--this ca=r=p~o7=t-,---~-o~-stitutes abandonment in excess of one hundred and
te~g h ~-5~--( 1-8-0-).-da_y_s~
Delia Claus 11/10/88
Page 3
Conclusion•
•
Thy is structu. a has been damaged in excess of fifty percent (50%)
of its value an_d-h.as been abandoned in excess of. one hundred and
eighty (180) days. ~t therefore, cannot be reconstructed.
Recommendation:
Deny this appeal.
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TOPOGRAPHIC MAP
l_AP~~iT~- TEXAS
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10-602 In nt Yards. Ore-story bay windo balconies, and over-
han g caves or gutters, none of wh~ shall project more than
four (4) feet into the required yards.
10-603 In Side Yards. Overhanging eaves or gutters projecting three
• 3 feet or less into the required yards, but in no case shall
eaves or gutters be closer than one (1) foot to the side lot
line; and enclosed, attached, or detached off-street parking
structures vrhen accessory to apartment projects.
10-604 In Rear Yards. Enclosed, attached, or detached off-street park-
ing structures; open off-street parking spaces; servants' quarters;
accessory sheds, tool rooms, and similar buildings or structures
for domestic or agricultural storage; balconies; breezevrays and
open porches; one-story bay windows; and overhanging caves or
gutters.
i.RTICLE ELEVEN: NONCONFORMING USES
SECTION 11-100 NONCONFORMING USES ~.RE REGUL.'~TED
11-101 .: nonconforming use is a use vrhich was lawfully established and
` maintained at the time of the passage of this Ordinance but vrhich,
because of the application of this Zoning Ordinance to it, no
longer conforms to the use regulations of the Zoning District in
vrhich it is located as defined by this Ordinance. 1`~ nonconforming
building or a nonconforming portion of a building shall be deemed
to constitute a nonconforming use of the land upon which it is
located.
11-102 The use of a lot of record vrhich is nonconforming because of size
• shall be regulated by Subsection 9-104.
11-103 Nonconforming uses are regulated as follows:
(1) They may be continued.
(2) They may be expanded or structurally altered, as hereinafter
provided, unless located in District "R-1" Single Family and
Duplex Residential District. .: nonconforming use in District
"R-1" Single Family and Duplex Residential District, which
is a perrlitted use in District "C" or a nonconforming use in
District "C" which othervrise is a lawfully established use,
may be enlarged or changed by horizontal expansion upon but
not beyond the tract or lot of record upon vrhich located as
of the date such a use becomes nonconforming; and any enlarge-
ment or expansion shall not encroach upon any open space upon
such lot that would be required as a yard if the use were a
conforming use in the district in vrhich located.
(3) They shall not be enlarged or expanded vertically except
for the addition of cooling, heating, exhaust, ventilating
appurtenances or facilities.
(4) If a nonconforming use or structure is damaged or destroyed
to an extent of more than sixty (60) per cent of its fair
• -12-
EXHIBIT B
• •
market value by fire, explosion, act of God, or the public
•
enemy, then any restoration or new construction shall be
for a permitted or conforming use, except that if the lot
upon which such damaged or destroyed nonconforming use c~as
located is adjacent on both side lot lines to lots each
occupied by a nonconforming use at the time a building
permit is requested for._restoration or new construction,
then such zoning permit may be granted, provided that there
shall be no open storage upon the premises, that there is
compliance with the yard requirements for permitted uses in
the district in which the use is to be located.
(5) The computing of the percentage of damage or destruction to
a nonconforming use composed of a group of individual
structures crhiCh are principal buildings shall be based on
the fair market value of the entire development comprising
the group and not the individual structure.
11-104 .: nonconforming use may be changed to another use of the same
or a more restrictive district subject to the other regulations of
this Ordinance. If a nonconforming use is changed to a use per-
mitted in a more restrictive district or to a conforming use, it
shall not be changed bac:.{ to a use of the original less restrictive
district.
• 11-105 If a nonconforming use of any structure or premises is discon-
tinued for a period of one (1) year, the use of the same shall
thereafter conform to the requirements of the district in which
it is located. The Board of adjustment shall have the power to
grant an extension not to exceed six (6) calendar months when
warranted to evidence presented.
11-106 Special uses (Article Sixteen) existing in a permitted district
at the time of adoption of this Ordinance may expand without a
special permit upon the lot of record upon which it is located.
11-107 No accessory use shall be construed i;o permit the keeping of
articles, goods, or materials in the open or exposed to the pub-
lic v~.Ew. ~"Jhen necessary to store or keep such materials in
the open, the storage area shall be enclosed by a solid fence at
least six (6) feet in height.
ARTICLE TIVELVE: COMPLI.":NCE
SECTION 12-100 COMPLL:NCE :'JITH THE REGUL,;TIONS Except as hereinafter
provided:
12-101 fitted in the dis-
• 12-102 ;«~ `~~~~~ ~ ed, reconstructed,
wilding be used
~hich such building
12-103 No building shall be erected, converted, enlarged, .^econstructed,
or structurally altered to exceed the height limit herein established
• ~ 1
_._
r:
BUILDING PEKM1 1
_
.
.lurisdictio;l of
pplicant to complete numbered spaces only.
/
JOB ADDR ESS
/
~
G , '/Jfw'V/-H/
LEGAL ~,T~(J J ~ p~ 7 ~ •LK TRACT (OgEE ATTACH EO SHEET)
1 DESCR. n i ~D /
oC I~~
PHONE
MAIL ADDRESS
OWNER 21P
`~
CONTRAC iOR MAIL ADDRESS PHONE REGISTRATIONN
3
_
ARCHITECT OR DESIGNER MAIL ADDRESS
PHONE
REGISTRATION NO.
4
ENGINEER MAIL ADDRESS PHONE REGISTRATION NO.
5
(ENDER MAIL ADDRESS BRANCH
6
USE 0I B:1ILDING
7 ~. I
L
S Class of work: ^ NEW ^ ADDITION ^ ALTERATION ~y.R~AIR ^ MOVE ^ REMOVE
9 Describe work:
~ ..
r
I
10 Valuation of work: $ PLAN CHECK FEE PERMIT FEE
SPE ONDITI NS: Type of Occupancy
Const. Group Division
~,! •+-YL Size of Bldg. No. of Max.
NT C.. O ~~
O f2 f2 (Total) Sq. Ft. Stories Oct. Load
n
~- ~ /'T~ GQ icJ~~ ~"~ Fire Use Fire Sprinklers
i
R
d ^
^
APPLICATION ACCEPTED BT. PLANS CHECKED BV N 8
APP E OR i Zone Zone re
equ
yes
NO
~ OFFSTREET PARKING SPACES:
7 / /~~
/
3
! No. of
d Uncovered
!l
~.,~i
J Dwelling Vnits Covere
E
N ~ -~ ~ \ Special Approvals Required Received Not Required
i
PLUMB-
ARATE PERMITS ARE REQUIRED FOR ELECTRICAL ZONING
,
SEP
ING, HEATING, VENTILATING OR AIR CONDITIONING. HEALTH DEPT,
THIS PERMIT BECOMES NULL AND VOID IF WORK OR CON- -
TRUCTION AUTHORIZED IS NOT COMMENCED WITHIN f) FIRE DEPT.
S
MONTHS, OR IF CONSTRUCTION OR WORK IS SUSPENDED OR SOIL REPORT
ABANDONED FOR A PERIOD OF 6 MONTHS AT ANY TIME AFTER
MENCED OTHER (Specify)
.
WORK IS COM
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
THE GRANTING OF A PERMIT DOES NOT
HEREIN OR NOT
,
PRESUME TO ~IVE AUTHORITY TO VIOLATE OR CANCEL THE
PROVISIONS O ANV OTHER STATE OR LOCAL LAW REGULATING
C ST RUCTION OR THE PERFORMANCE OF CONSTRUCTION.
SI NATURE Oi CON A TO UTHORIZED AGENT DATE)
_.- ~~I nc Rl (DATE)
WHEN PROPERLY VALIDATED (IN THIS SPACE) THIS IS YOUR PERMIT
PLAN CHECK VALIDATION CK. M.O. CASH PERMIT VALIDATION CK. M.O. CASH
ExHistT C
A-1
CITY OF~A PORTE
PHONE 1713 ) 471.5020 • P. O. Box 1115
~ LA PORTE. TEXAS 77571
_ -''~'jt ~xT.ti~ " ~ ~ a Y f Z yT,~-,.- 'ti..r~ Y 0"a,~4,t ~ 111.. a . "?.~+~1 v L ~+.
~....,d,..ir:.:.Er1~.w....A1+.. i~:.ta~:w ..n.a+v~a.. ,n~..a.aac..a.:w..r:c.ii...~~f:kL:.~; ~..d.i.. •rr.....iw'~iaiit~sa d l
July 10, 1987
James & Delia R. .Claus
808 South 2nd Street
La Forte, Texas 77571
Re: Building Permit - 808 South 2nd Street
(Blk. 154; Id. 20' of Lot 24, 25, & S. 10' of 26; La Porte)
Dear Mr. & Mrs. Claus:
After visiting with you by phone, I spoke with the City's Code
Enforcerent Division regarding your recently submitted building
• permit application). Your permit application was denied based on
=~- Zoning Ordinance No. 1501, which does not allow front yard
`;~~.z=_s;.-, carports. The carport, which was destroyed by Hurricane Alicia in
~•- 1983, was considered a non-conforming use under the previous
•' Zoning Ordinance X10. 780 which was in effect until February of
~~~-:.' : ~ this year. That ordinance •(No. 780) also allowed non-conforming
uses to be replaced if improvements were done within one (1) year
from the date of damage. Non-conforming use structures are not
- permitted under the new ordinance (PIo. 1501).
However, the new ordinance (No. 1501) does allow for an appeal
process. An appeal of the Building Official's decision must be
made withi'n':30 days of the denial date. The appeal application
(see enclosure) must be completed and returned to the Code
Enforcement within that period of time. Once the application has
been received, the applicant will be notified of .a public hearing
which will be scheduled with the Board of Adjustments to review
the request..
If you have any questions, please feel free to contact either
David Paulissen, Chief Building Official, at 471-5020, extension
256 or myself.
Respectfully,
`~'~N~B{~ ~ Robert T. Herrera
City I•lanager
• RTH/jb
Enclosure: (1)
cc: David A. Paulissen, auilding Official/Zoning Administrator
August 20, 157
A1rs. Delia Claus
fib S'. 2nd Street
La Porte, Texas 77571
Dear Mrs. Claus.
I would like to extend my condolences for the loss of your
husband. He will be missed as a citizen and a neighbor.
As requested, I have enclosed a copy of the City of La Porte Zoning
Board of Adjustment variance application. A carport that is less than
25 feet from the front property line is not allowed by the City zoning
regulations. If this application is returned together with the
required X100.00 filing fee, you will be given the opportunity to plead
your case before this Board.
If I or any mernber of my staff can help you or assist you with any
part of the variance process, please contact me.
Respectfully,
David A. Paulissen, CBO/Zoning Administrator
DCzP/nb
E7CHIBiT
Enclosure
:;c: Fobert T. Herrera Joel P_lbrecht
• City lianager Director of Community Development
• • 1
BUILDING
Jurisdiction of
plicant to complete numbered spaces only. PERMIT
- ~
i
'" a
o
'
D
oe AooR Ess
~ d ,~ o . ,~ `~ `
-~
LEGAL
1 DESCR. ~~~~' ~ +~n~! f ~
~ / , BLK ~~ TRACT ~ (^SEE ATTACHED SHEET)
OWNER MAIL ADDRESS 21P PHONE
CONTRACTOR L l C MAIL ADDRESS
3 ~ ,~ ~ I PHONE REGISTRATION NO.
ARCHITECT OR DESIGNER MAIL ADDRESS
4 ~~_ PHONE REGISTRATION NO.
ENGINEER MAIL ADDRESS
5 _ -- PHONE REGISTRATION NO.
LENDER MAIL ADDRESS
6 .,~~ BRANCH
USE OF BUILDING
7 .~---__
8 Class of work: ^ NEW ^ ADDITION ^ ALTERATION EPAIR ^ MOVE ^ REMOVE
9 Describe work: ~ ~ ~ ~ ~ C ~ ~~ R -t' ~ ~ E ~/ ~r S f-% /~
S ~~
~- R- G ~' ~- R D ~l- L~ c-.z~
10 Valuation of work: $ / ,
~V PLAN CHECK FEE PERMIT FEE
SPECIAL CONDITIONS:
~ /~,Q-
of
Occupancy
w ~° onst. Group Division
~~~~n o C~1\ ~ S ~ ~ T Size of Bltlg. No. of Max.
D (Total) Sq. Ft. Stories Occ. Load
Fire Use Fire Sprinklers
APPLICATION ACCEPTED 8T PLANS CHECKED BV APPR D FOR I 'DANCE By ZOne Zone Required ^Ves ^NO
O ~ 1 S'~ 8~ No. of
DweUin9 Units OFFSTREET PARKING SPACES:
Covered Uncovered
N O T I C E ~ 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 OF 6 MONTHS AT ANY TIME AFTER SOIL REPORT
WORK IS COMMENCED. OTHER (specify)
1 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 N~nOT, TtiE GRANTING OF A PERMIT DOES NOT
PRESUME TO
IVE AUTHORITY TO VIOLATE OR CANCEL THE
y
PROVISIONS OF ANV OTHER STATE OR LOCAL LAW REGULATING
CONSTRUCTION OR THE PERFORMANCE OF CONSTRUCTION
.
IGNATURE Oi CONTRACTOR OR AUTHORIZED AGENT (DATE)
I qTU RE OF OWNER IF OWNER RUI ) (DATE)
WHEN PROPERLY VALIDATED (IN THIS SPACE) THIS IS YOUR PERMIT
PLAN CHECK VALIDATION . cK. M.o. cASH PERMIT VALIDATION CK. M.O. CASH
ExHEBIT F
A-1
•
SPECIAL EXCEPTION REQUEST
REQUEST X88-011
ALL POLY DRUM
r ~
LJ
•
„ , • ,~~r ~ CITY OF LA PORT
i '
'' ~ ~ ZONING BOARD OF ADJUSTh1EfIT
SPECIAL EXCEPTION REQUEST
Application No.: - ~~~
• OFFICE USE OPdLY: -Fee. $50.00 Date Received: 09--2,x-88
Receipt No.: o~oly 7c~
NOTE: This Fee is Non-Refundable Regardless of the Board's Decision.
-----------------------------------------------------------------------
Applicant: • AT ~ PnT.Y ~R_T_~M_ SF,RV T f!F, R~ STiPPZy r,•~ T~
!Jame
~1,~ w r~ A Ill T.A ~nR mE mx P H : -4-7-1-=~~ QT
Address
I am the owner of the herein described property. I have authorized
POTY DRi1i~i SERV.Z('F to act on my behalf in this matter.
Owner:
IJame
Gus Brieden 829 S. 2nd. ST La. Porte, TX PH: 471-3440
Address
I am requesting a Special Exception to Sect. _ of the City
Zoning Ordinance lJo. 1501. I am requesting this Special Exception for
property located at
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) -A11 .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.~st provide Authorization to act
on the Owner's behalf.
/ U ( ~~
-~ C _ "~ -
- `- Date Applicant's ignature
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:
• Board's Decision: Approved ( )
Denied ( )
Notice of Board Decision mailed to Applicant/Owner:
PAGE ?
• 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 rneet 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 infcrmaticn and exhibits you feel the Board
should consider.
FACTS RELEVANT TO THIS MATTER:
All Poly Drum Service & Supply Co., Inc. buys polyethylene 55 gal.
and 30 gal. drums, cleanse and sells them. Because the contaminates
in the dirty drums are so varied it is difficult to control the
t
ffl d k it ithi th '
• uen
e an
eep w
n e parameters of I,a. Porte
s Grdinance
1221
Therefore
a
treatin
g facilit
is '
y
.
needed.
~',
PAGE 3
•
T°PE OF RELIEF BEING SOUGHT.
npprovaT 'to construct the necessary treatment nlar.t in air area
back of the existing building but within the property lines.
THE GROUNDS FOR THE REQUEST:
• THE CONTAMINATES IN THE DRUMS WE CLEAN VARY GREATLY. ON SGNiE DRUMS
IviUCH HEAVY T~ETAL IS PRESENT WHILE. ON OTHERS THERE IS A LOT OF ORGANICS .
V+'E HAVE AI:READY INSTALLED 2 pH METERS TO HELP THE CONTROL OF pH
~ AIvTD AN OI L SKIMMER TO HELP REDUCE THE D IS C:-iARGE OF OILY MATERIAL .
TO IMPRO'~ THE QUALITY OF OUR EFFLUENT REQUIRES A TREATMENT PLAVT.
A TREATING FACILITY MIGHT•AS WELL RETURN THE WATER TO A STORAGE TANK
FCR REUSE THEREBY REDUCING OUR INTAKE OF WATER AT~TD NEARLY ELIMINATING
AiTY DISCHARGE .
•
CEDJ~-'ST
r` ~ - - ...
- ~ '' CITY. OF LA 'FORTE - ~,
` ~.~NE (713) 471-5020 • P.O. BOX 1115 LA PORTE, TEXAS 77571 ~
-,~ \
,.~ Cash ~,Cc~
_.,,.~; ~,. ~heClc~L
~_
i..~+ -, ~ RECEIPT 06C670 DATE / ~~ Money Order
~~ ~. ~ -~ =~_~._ .: n g Cashier Check
Q~ .~J y~ n ,vim ~( ~'
~'•~ RECEIVED FROM ~~C 1'(~- i"~/ J 1.~~' : ' [ 'f) ~"`~/1I~C--~-~ `'.
~ _,.
,. PAYMENT FOR :;:r~~l`.x.i3.X ~C,,~.,'L _ ~~ -_
C7
,~ ". AMOUNT $. ~J D ~~ _ t •; - Z
'~ - _ ~ ~ ~
~~ DESCRIPTION ~~' 3 I , l ~ U
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•
J. L. THOMPSON P. E.
ENGINEERING SERVICES
3815 TARPON LANE
LaPORTE,TEXAS 77571
(713) 471-0779
CITY of T,A PORTE _ SEPTEP~IBER 27, 1988
ZONING EOARD of ATIJUSTP~iENT
I:A--PGRT-E,--TX-----77571 _._ __-- -- ._. _ _. _ _
ATTN: MR. --JACK HUMPHREY, - Ci-iAI"tcI~iAN
SUBJ: EXCEPTION RE~?I7EST: AZL POKY rRUMi S{,R.VICrI ~c SUPPLY CO., INC.
ZOTS 11 THRU 20, BI,K. 726
The tenant for this light industrial site needs to install
additional--waste water treatment equipment to meet city sewer
permit- requirments. They .have .applied for a permit to construct
a concrete paved area to install this removable equipment, i.e.
storage and holding tanks, settling tank and pumps. The concrete
would be poured at a grade similar to parking lot paving with
• slope and retainer curbs to direct any spilled .waste water to the
collection -drain for~.retxeatment. ~ _
ISo construction is to extend beyond existing building line -
which is less-than the 30 ft. current B-I zone regulations.
The=-city permit office has indicated--.that they would not
object to any construction within. the existing building line.
However,. since this existing building does not meet existing set
back requirments,-they have referred the matter to the Board of
Adjustment.
.Please approve this request for a permit so that the present
tenant -All Poly Lrum Service & Supply Co., Inc, - can improve
their waste water treatment.
Sincerely,
J.Z. Thompson P.E.
•
- ~ ` ~ ` ~.
\ P!+OtiE ~ 713 ~ 471 -5020 • ? O Box. t 5
August 29, 1988
,.
All Poly Drum Service & Supply Co., Inc.
P. 0. Box 1820
La Porte, Tx 77571-1820
Attn:- H. C. Van Wagner, President
RE: Building Permit - Closed Loop Water System
~~~~
'~ _~ ?o,T E. E'(.\S 77571
Dear Mr. Wagner,
This letter is in regards to the building permit you submitted to
our office on August 26th. Additions to or changes of commercial
developments require the submittal of a certified site .plan to the
City's building department.. The City's Development Ordinance requires
five (5) .copies of the site plan be submitted for review. In
• accordance with City ordinances, the site plan must be prepared by a
registered surveyor or engineer and will indicate existing buildi__,n~,s
storage area, e~.~. as well as the propose. addition. e City's
Zoning Ordinance regulates maximum lot coverage (50~) as well as
minimum yard setbacks (Front - 50'; Rear - 40'; Side - 30') in
Business-Industrial (B.I.) zones.
You indicated that you would like to locate the proposed 25 X 18'~
concrete slab within five feet__(~_'~, of the property line. A se ack
of this nature would take a Special Exception by the City's Zoning
Board of Adjustment. Enclosed is the proper application for your
use. Also-enclosed is your building permit application which has been
marked "rejected" at this time.
If you have any questions, please let me know. I can be reached
- ~at ~f471-5020; Ext. 253.
Respectfully,
- I
Debbie S. Wilmore
Inspector
/dsw
• Enclosures
xc: Ervin J. Griffith, Building Official/Zoning Administrator
•
•
..
ALL POLY DRUM SERVICE ~i SUPPLY CO., INC.
RECONDITIONERS • PURVEYORS OF ALL POLYDRUMS
P.O. Box 1820 La Porte, Texas 77571-1820
Houston Metro (7l3) 471-9545
C ICY of LA FORTE
P.O. BOX 1115
IAA FORTE, TX 77572-1115
ATTN: MARi~ LEWIS
Zear Nir . Zewis ;
GCTOBER 26, 1988
RECEIVED
O C T 2 G 198$
CODE ENFORCEMENT
The attached file was prepared for the Zoning bard of
Adjustment. -
Any suggestions that you have that can be beneficial would
be appreciated.
Very Truely Yours,
H.C. Van Wagn President
All Poly Brum Service & Supply Co., Inc.
•
•
•
i
J. L. THOMPSON P. E.
ENGINEERING SERVICES
3815 TARPON LANE
IaPORTE. TEXAS 77571
(713) 471-0779
CITY of LA FORTE
ZOrIIr~G EOAF.~ of ATJUSTPfiL;NT
I:A PORTy, TX 77571
SEPTyt~IBER 27, 1988
ATTrT: NTR . JACK HUMPHRy;Y , CrIA I-tLI~iAri
SUBJ: EXCEPTION REQUEST: AI:L POLY BnUM S P.VICE a SUPPLY CO., INC.
hOTS 11 THRU 20, BLK. 726
The tenant for this light industrial site needs to install
additional waste water treatment equipment to meet city sewer
permit requirments. They have applied for a permit to construct
a concrete paved area to install this removable equipment, i.e.
storage and holding tanks, settling tank and pumps. Tht: concrete
would be poured at a grade similar to parking lot paving with
slope and retainer curbs to direct any spilled waste water to the
collection drain for retreatment.
l1o construction is to extend beyond existing building line -
which is less than the 30 ft. current B-I zone regulations.
The city permit office has indicated that they would not
object to any construction within the existing building line.
However, since this existing building does not meet existing set
back requirments, they have referred the matter to the Board of
Adjustment.
Please approve this request for a permit so that the present
tenant - All Poly Lrum Service & Supply Co., Inc. - can improve
their waste water treatment.
Sincerely,
~~,~
J.L. Thompson P.E.
•
•
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I, 4, Carps Stith, T~•xas Registered ?ubllc Surveyor, do hereby certify 1
that the gist shown ':ereon accurately represents the results of an on the 1
pra~aa survey rra3e un3er ny direction and surervislon on Avpust 18, 197$, and
ell cornors are as shown person. There are no encroachrenta, conflicts or I
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protrus!ons apparent an tpe ground except as shcwn, ....:, LOTS LI THRU 20
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~' -,F,,.
ii: G,F, t+o, A-79,5$`-' o° -wahern Title Cwopany, Inc.
~
a, BLOCK 726
' USE OF THIS S':~1~"s c(R .4i1Y OTti.R PllRPCS~' CR BY 01'i~R PARTS STALL BE
'
' x '~ ~ L.Q PORTE
A.T THEIR Ci1N RISK A:1~ : r
~J1IDERSIDNED SURYEYCR IS NC
f RESPONSIBLE FOR ANY ~~ ~ VOI
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~~ LA PORTE, HARRIS COUNTY,TEXAS
~~ DATE'
__ _ .__. __
Is
AuG
1975
H. CARLOS SMITH SCALE
"
'
a for ,
. 1
= 30
~.
eras ~a t ,;Y~r No. 1228 -
~ DRAwN CONSUETING ENGINEER JOB NO. _
~ ,.' 595-75
)~. ~ ! 595 - 75
4- ~ CHECKED' P. O. 80X 37S 718 S. BROADWAY SHEET
i ~n Pcu~rc r vnc
• • •
1- ---
~~:
~~i~ - ~
ji,, "_-,
RECEIVED
SEP `3 ~ I°8Z
CODE ENFO~CF""NT
RECEIVED
ALL ~LY DR RVICE & SUPPLY CO. INC.
UM sE ,
RECONDITIONERS • PURVEYORS OFALL POLYDRUMS OCT 31 1988
P.O. Box 1820 La Porte, Texas 77571-1820 CODE ENFORCEMENT
• Houston Metro (713) 471-9545
CITY of I,A FORTE OCTGBER 28, 1988
P.O. BOX 1115
IA FORTE, TX 77572-1115
ATTN: MARK LE1~tIS
Dear Mark:
J.L. Thompson, P.E., has drawn up plans for our water
treating system using technology that has long been effective
in treating water. to remove contaminates such as we have in our
effluent. It will work because we will make any necessary changes
to make it work using J.L. Thompson for our engineering expertise.
We know that these contaminates will come out with proper
• pH, using standard flocculating agents to carry them out of
solution, and adequate filtration to clear up the water. Then
our filter cake becomes the material we need to dispose of -
as dry material.
This removal of contaminates allowing us to reuse our
water will substantially lower our water intake from the City
of La Porte, also the type and amount of our effluent, and
hopefully allow us to have the surcharge removed because of
high B.O.D. This should result in a positive effect on both
the water and waste water departments of La Porte.
Respectfully,
H.C. V Wagner, President
All Poly Drum Service & Supply Co., Inc.
ALL POLY DRUM S
Request: Special Exception ~~88-011
Requested For: All Poly Drum Service & Supply Co., Inc.
a'813'We s-t~--M~a=i n - _.-o=
La Pare ~~' r$
Legal Description: Block 7?_6; Lots 11-20; La Porte Tract
(See Exhibit A) '
Zoning: BI ,, Business_ Ind~ustr,al - Lots 11-12
~I, Light hndustrial - Lots T3-20
Relief Requested: ySpe:cal Exception to s aback requirements of
(Section 7-60x0 Table B of Ordinance ~~150;1
-°l^~C~-~Aq - -F_. .._._ '~' ~r . ('wii-iffEll~.F*'l1~ ~~t~?A
Requested B v: M r. H--C-~l-a-n- -~agn.e_r-o-f-A-1-1-P-o 1 y-I7r um o;n
behalf of Mr. Gus Bri.eden, Property Owner.
Back~round•
All Poly Drum Service & Supply Company occupies an existing
building located at 1813 West Main. As noted .above, this ,.tract i5
split by a zoning line (See Exhibit B).Under the provisions ofd.
Section 2 70"3 of the zonin,g~ ordinance, ~L~4 ~re,,~ctons, in_,_,c, Judi, g
twent
setbacks, o'f, e applia~e.e~~, ' ) front, ten feet (10' ) side, teri feet
(10 ) rear ar d to the entire tract.
A review of the City's Zoning Ordinance and the Standard
Industrial Classification manual shows All Poly Drum's business
conditional L.I. use (S.I.C. Code 5085).
The building All Poly Drum occupies is non-conforming due to
setbacks from front and side property lines (See Exhibit A). All Poly
Drum is seeking a Special Exception; to the setback requirements of
Zoning Ordinance Section 7-b00 Table B. .They are seeking this
exception to allow installation of new waste water treatment
equipment. This equipment is proposed to be located ;as shown on
Exhibit A. ~,,_ _::'---~_
7~ - --- . _ -on Exhibit. A, the A.11, Poly facility is located
7 ion a corner lee Ar thoug.h t.hxese-~s~ectaons.: of t-he South 18th Street:'-and
1~-,~West~ A Str ~ fight-o,f-wayq ca.~e c.u.r_r_ently undeveloped, Cityy
Engineering records indicateboth as,suede,.dics,at~e~,d~,:~s,~re,,ets3 ~=~--
•
• •
All Poly Drum 11/10/88
Page 2
r____~Se.c,t.o,n~ -11-.6.05.3 of the.,Cty's Zoning Ordinance allows for~specia
exceptions to yar_d_r_e_q-uirements for corner to s.
Analvsis•
All Poly Drum has for several years been out of compliance with
the City's Industrial Waste Ordinance (41212 and 1357). This
ordinance regulates the type of materials that may be discharged into
the City's; sanitary sewer system. ~In an effort to correct their
problem, All Poly has. in the past few years invested several thousand
dollars to upgrade their facility. and bring it into compliance. The
equipment already installed includes ,the sump well and d~i~ked concrete
wash pad indicated on Exhibit A, It is primarily the location of
these facilities, installed in conformance with the City's former
zoning ordinance, that will constrain the location of the proposed
treatment equipment.
As indicated in .All Poly's Special Exception application, the
proposed treatment equipment will be a "closed loop" system that is
intended to remove contaminates from waste water and allow the same
water to be reused for cleaning other drums. If operated as proposed,
this system will eliminate All Poly Drtim's discharge of all waste
(other than normal sanitary waste) into the City's sewer system.
Staff has reviewed the specifications of the proposed treatment system
(See Exhibit B): and base d.. .on this review feels that if~operated
properly, the system will accomplish, its intended purpose.
As noted in the background section of this report, the Ali Poly
,.~ Drum facility is located on a corner lot. This does make them
eligible fora special exception~of this type. ~ ,:
Q,. I n c o n `s i d e r i n g this r-e~q-u?e s t, See ct is o n 1 1- b 0 5 (2 ) spa t e`s~th~a-t--ate
1Q special exception may be_gra-n-te~d-o~l~ w.h.e-n_~the Board determ`ine~~ ,; that.'
~'s the e°x~'cxe-pt`i~on "well not ~dversel;y affecyt the value. and use of addac`_ e
for nexig'h'bo•r°iri^g p~r~ape~rty or be contrary to the best public interest" .
. ~ln Sta`ff-'s apin-i~~n, re uction or elimination ~f-po-s-s-rbly-'toxic.
,wastes ' incYu~ded• in All -Poly Drum''''s sewer discharge dae~s nro^t a~p-pear t~o~
be eon'trary"to t~h~e bent ''p`ublic interest. Nor doesthis reduction of
~dischar~ge gi~v~e ewide~n~c~e of ` adversely affecting the value or use ~~of
~'h4eF~~g~hObao~r'~i!n~gz~~~'r"o°p°e r t` .
Conclusion•
'The All .Poly DruPm S.e.rvice & Supp Company request for Spe
Exception .satisfiesz~pi~n°g,ord'in-a~nce`req°uirements. -
~•r'r=,
~.
-i
• •
All Poly Drum 11/10/88
Page 3 r
O
Recommendation:
Gra,n~,t th„.,s;. Spec:ia~1~.~,3E;xce~ptton,;a~nd.. allow the A71 Poly -Drum fa`efli~
~to be expanded to allow tYe nsta`llat;on of tfie waste treatment
~equpyme~,nrt has shown on the attached Certified Site Plan_i.d-e.ntified as
fohows • _
All PotY. arum P;~l~o`t ~'P;lan ~ '
~Wast~ewaae;r ,R,~e~c,,overy, S~ys,tem
Drawn ti S~ J , L . ' T h_o_ms on_,_.E.n.g.in,e~e r
Dated 9!19/88
~,, ~Drawi.ng ~~A-.8;0::919
F-u-r~t h e r I d e n t i f i e d a s E.xhib-i-t-A
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,•
• ~ ~ Jo9~1•~~ 595-5
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L< r --_ .
TI: 1 G\~ST ~.+c 6'><<.' x 4'DEF.P CO.-~i ~r.ON TAN M., S-i/V ~ ~ ~ ~ '
^K ~ E~.DT~~~b S'r. ~o' •c: 111f.N A6avC GQ~03 p~ ADJ ~ifMB tiT LANK - Coa.Cdt rC '
TK 3 Fat-J2E J'f'" DMA T 1y' tJo¢2, CYL. ABo.M. (.QA C.G. Nncv~.TAyK ~ oT6it. •
TK y F~-u~2rt- 16'ae r IL' rI~;, L, ABOVIi. as~a+c.afD~uGh:7IaJ~(,-,FieaR:L;~ss R CEIVED
I`) I TK,3 Fus ~•z ~-„ (,' o~A r I:i SUOPOa7[O ABen! c.cAO6°`:Sd~LI/L,. TA.vK~r, STRla ., !"~;~ •. .: :. ~ 5 ~ :~:~ ~:'-..;;
-'• A L>~: POLYDRUNt PL~^,T P~ is Lv
3 I .. ~ or .<... .... EItFORC<..relT
~,, p~F+;s WASTEWATER ~"_~, ~`-~
~!y ~COV EFZ SYSTEM "'
~ - - ,_ ~ ~~2 ;;°o: :.JL.TNO/'IOSa~ ENG,e. SE_,~'~~cc
~J ~ 1. ~ 1
17
__ i
•
V(~
BI I
•
SPECIAL EXCEPTION REQUEST
REQUEST X88-012
J. KING, INC.
•
,]
,~~ tr.
' ~ 0 ORTE
CITY F LA P
~ ZONING BOARD OF ADJUSTh1ENT
SPECIAL EXCEPTION REQUEST
------------------------------------------------------------- --
• Application No.: ~ ~~
OFFICE USE ONLY: Feet X50.00 Date Received: d 3
Receipt No.: - ~
NOTE: This Fee is Non-Refundable Regardless of the Board's Decision.
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Applicant: T KTNC' TT~TC'(1Rp(1RAT~TI
Name
1440 SENS ROAD LA PORTS TX 77571
Address
OWner* : 7nF KTNC'
Name
P (~ RnX 1 41 ~ T A Pf1RTF. TF.X 77~,7~ PH:
Address
471-7634
I am requesting a Special Exception to Sect. of the City
Zoning Ordinance tdo. 1501. I am requesting this Special Exception for
property located at 1440 Sens Rd. LaPorte Tx. 6 acres of land out of Lot:
321, 322, 330 and 340, LaP~f~£~e's Geaal Description
Enoch Brinson Survey A-5 Harris Coun~_
Texas
• (x) 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 upod which I am making this request.
'~ If applicant is NOT the owner, he must providethorizption to act
on the Owner's behalf. ~ ~
9-26-88
Date
icant's/~ignature
-----------------------------------------;t---------------------------
OFFICE USE ONLY
Site Plan and Authorization (if applicable) attached? Yes ( ) No ( )
Date transmitted to the Board of Adjustments:
Meeting"Date:
• Board's Decision:
pH:471-7634
I am the owner of the herein described property. I have authorized
to act on my behalf in this matter.
Applicant Notified of Date:
Approved ( )
Denied ( )
Notice of Board Decision mailed to Applicant/Owner:
., .. ~~ ~
PAGE 2
. _ _ , ..
•
- A Special Exception is a deviation from the requirements of the
Zoning Or:dinance., ~ B;ef.ore they grant ,a speci,al_ 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) Waivi,ng,or reduction of off street parking and loading
requirements if the ,Board .feels they are unnecessar,y,..~ , .
~_ 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:
REQUESTING NEEDED ADDITIONAL OFFICE SPACE AND SHOP SPACE
• ~.
-- .-
.::
~ ~
PAGE• 3
~•
TYPE OF RELIEF BEING SOUGHT:
y
~~_ _
' CITY OF L ~~flRTE _
~rlE (713) 471-5020 • P.O. BOX 1115 • LA PORTS, TEXAS 77571 _
~~ ,} Cash ~~7 7~-
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,.,;:•, - / ~. Check
;'r" _= - RECEIPT 062208 DATE Money Order
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PAYMENT FOR ' , G~-L- ~-~-~ ~ ~~ ~
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~eW A.d~'"eJs
F. U.~Zex-1419
~a }~ori:e, Te:cas 77571
Industrial & Marine Services
_ Mailing Address: • (713) 479-2046.
__ Location: 1440 Sens Road • LaPorte, Texas • (713) 471-7634
September 26, 1988
REQUESTING ADDITIONAL SHOP SPACE:
We presently have a 40 ft. x 80 ft. metallic
shop builing, according to old zoning ordinance
4 ft. off fence line. We request permission to
extend this building 40 ft. on the west end,
allowi:~g us to keep our shop all together and
-.~~enhance all .:property.
• See attached site plan.
'Thank-you for your consideration in this matter.-
Joe King
~ `~~
/ -
-- -
• Chemical Tank Cleaning • Sandblasting • Painting • Vacuum Trucks • Waste Disposal
' ~~
. - ,, ~ ~
dew p,ddras3
• ~ ~ ~ ' ~ ~ . P' ~ oB eX Texss 77571
/ La P
Industrial & Marine Services
_ Mailing Address: {.~7~Ea.,r,~,;iieeten - ^°° r~ • (713) 479-2046
Location: 1440 Sens Road LaPorte, Texas • (713) 471-7634
September 26, 1988
REQUESTING ADDITIONAL OFFICE SPACE:
•
The new zoning ordinance requires a side setback of
30 ft. We presently have an office trailer approxi-
mately 3 ft. from the fence, (set in accordance with
the old zoning ordinance.) We also have a metallic
building 4 ft. from-the same fence line, 18 ft. from
the existing office trailer. We request permission
to set another office trailer at a right angle from
the fence Mmtre Yso -+it~~wll ~ line up properly with t e
existing one. The width is 10 ft. and it will be
7 ft. from the fence line. This will enhance our
present facilities, and enable us to use the offices•.~,
more efficiently. If we have to move the office trail-
er 30.ft..;f>`om the fence line this will .place the
trailer almost in the center of our yard area, and
also cause employees to walk outside of one office
into the other.
See attached site plan.
Thank you for your consideration in this matter.
Joe, King
~vv`~°
•
• Chemical Tank Cleaning • Sandblasting • Painting • Vacuum Trucks
• Waste Disposal
1.
r
Request•
J. KING, INC.
Requested For•
•
Special Exception ~~88-012
J. King Incorporated
1440 Sens Road
~~
Legal, Description: 6 acres of land out of Lots 321, 322, 330 and
310, La Parte Outlots; Enoch Brinson Survey,
Abstract-5; Harris County
Zoning: B.I., Business Industrial (See 'r'.xhibit A)
Relief Requested: Special Exception to the building setback
requirements of Section 7-600 , Table B., of
- ordinance 41501 ~ .
Requested By: Mr. Joe King, owner of J. King, Inc.;
Background:
The J. King facility, located on. Sens Road is an existing business
which predates the adoption of Zoning Ordinance 44~~5-f~~1.
At prese,nt., Mr. King's facility consi_s of a fenced, surfaced
yard, an office~_r_a_i_1.e-r and warehouse The . office trailer and---°
warehouse are setback four feet (4' ) from the northern-s~id-e-p-ro-pe-rty
fine (See Exhibit B) . Although they were in conformance-w.t:h-C~i-ty
Zo_n_i.n-g=-R°equirements at time of construction, the Business Industrial
s e t b a.c.k s-o f-Ord-'-n-a-n c e ~~-1-5-07~h-a-v-e-c-a-u-s-e-d-t~h-e-s-e-s-t-r-u~c-t-u-r-e-s-t o-b e c-o r~ e
non-conforming.
Business Industrial setbacks Ea-s listed in Table B of Section 7-600
are, fifty feet (50' front; forty feet 4 ' ).y rear; thirty feet,~.3~ j
s i die-.-~ M r. - K i neg ' s o f f ~i-c e-.rs-nb n-- e-ari f o-r=m ~n-g--d-ti-e-t.o-f-~r o~=t=a:n-d-s,i d'e
~e t b a_c ks_. T he e x i st i in g wa r e h o us-e-is-n o.n=c o n f o r_m.ing-d.u a t o s4 i d e
setbacks. - ~ "
Mr. King has submitted a certified site plan for construction o
new facilities including a sta't~e~certifed industrialized office uni
and a 40'x40' warehouse addition (See-Ex-h-rb-=%t=B=)
A ®~ f~ ~d~b~-~ `~ c ~iE ~... n cis2.
t
• • •
J. King, Inc. 11/10/88
Page 2
The site plan wa accompar_ied by a building permit application fo
placement of the new office unit. This permit was approved with th
c,on.dit..ion that the office be placed with_a thi.r_t_y f_o_ot_(_30! )__
setbac as.. noted on F.xhi.bit B.
~Ir. King~.s-a.p_p-1-ie_d-for this Special Exception to:
1) allow placement of the office unit immediately adjacQnt
t o t h e e x i s t i n g o f f i c e-w~. t-h-.-a-s~e v e-n-f-oo-t-(7!)-s-i.d-e-s ~ t b a c k
2) fallow construction of the 40'x40' ware
a~ four f o o t ( 4') s i d e_s e t_b.a.c-k-.----.~-
Analysis•
Section 11-60
only the followin
.2 of the Zoning Ordinance allows special
circumstances.
n with
The reconstruction of or addition to a building occupie
by a non-conforming use. Additions cannot extend past
the lot occupied by the original structure or use. The
econs,truction of~ use cannot prevent the pr_o_per_ty from
~returnin~ to a conforming use. ~-
2) Deviation of yard requirements:under the followings
circumstances:'
a) Exceptions to front yard requirements if front yard
setbacks are not met on abutting pieces of property.
L
b') E x c e p t i o n t o g e a r y a r s e t ti a c~k~s-i-f-a~n-y-f o u"t~ ( 4) l o t s
_. ~ ~rwithin a block do not meet setback requirements. ~-
Exceptions to yard requirements on corner lobs:
{d7 Exceptions to front yard requirements if existing
- `-- front yard setbacks on a block are not uniform.,
Waiving or reduction of off street parking and loading
`requirements if the Board feels they are unnecessary ~
f'o r_ the p r o p o s e d u s P c? f a-b_uildi-n g-o_r p_i e c e 2f p r o p e~ r, t-yl .
U
~~This request does not appear to fall into any of the above listed
circumstances. Further, Section 4-?_01 states "...no non-conforming
structure shall be enlarged or exte:n;ded unless the enlargement o~r-
,e.-xt=e-nsion... is made in compliance with all of the
provision s...established for structures in the district."
f.
• •
' J. King, Inc. 11/10/8$
Page 3
® This section appears to prohibit additions of type proposed,
however, a special exception is not required for additions ar
e7largements that comply with use zone regulations. A denial of this
special exception will, therefore, not preclude the possibility of the
future expansion of~Mr. King's facility.
Conclusion:
This request does not meet the preregtaisi_te requirements necessary
for granting a special exception.
Recommendation:
Den the Special Exception Request.
•
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