HomeMy WebLinkAbout05-25-1989 Public Hearing and Regular Meeting•
MINUTES
•
® LA PORTE BOARD OF ADJUSTMENTS
MINUTES OF
MAY 25, 1989
Members Present: Deborah Bernay, Jack Parson, Gladys Roth,
Jody Seeger
Members Absent: Jack Humphrey
City Staff Present: Joel Albrecht, Director of Community
Development;
0+hers Present: Peter John, R. L. Guiilet
1. CALL TO ORDER
The meeting was called to order by Lice Chairman Deborah Eernay at
7:11 P.J°i.
2. CONSIDER APPROYII•:G MINUTES OF ~FlAY 25, 1989 PUBLIC HEARING &
REGULAR MEETING
A motion was made by Gladys Roth, seconded by Jody Seeger to
approve the minutes as read. The vote was unanimous and the
motion carried.
3. CONSIDER SPECIAL EXCEPTION REQUEST ~SE89-002
t~;r. Albrecht presented staff's report. The iccation of the
property for review is located at 217 1/2 Garfield; Ptorth 1/2 of
lots 1~;-16; Elock 5; Sylvan Beach Addition.
The Zoning :Ordinance requires a t~ti=enty-five (25) foot front y2rd
setback. He1•rever, Section 11.6O5.2.b.1 allo~F=s "ar.y exception from
the front yard requirements where the actual front yard setbacl; cf
any abutti;~g lot does not meet the front yard requirer~ent."
Peter and Jan John are requesting a t~•rer.ty (20) foot front yard
setback. The house next door to the Johr.'s property has a front
setback of seventeen (17) feet, sir. (6) inches. The proposed new
home can't be setback to the t.=est dt:e to existing service lines
and to the back there is an existing slab and drive.
According to Section 11.605 the applicant r;;ust meet two specific
requirements. The first being specific requirements which apply tc
the applicant and the second being the valve of adjacent property
will not be adversely affected or contrary to public interest.
Air. Albrecht pointed out that the first reo,uirer~lent i.s satisfied
given the front setback of the house located next door. The
MIIvLTES, ~iAY 25, 189
• PAGE 2
second being satisfied due to P•~r. Johns consistant contact with
neighboring property et~rners.
Staff recommends a favorable decision by the board.
lair. Peter John presented sworn testimony. Mr. John stated that he
' purchased this property approximately five (5) ,years ago. In
con~•idering placement of his home it would be too expensive to
tear out the existing slsb and replace the existing service lines.
These problems are what led to tl:e decision of a twenty (20) foot
setbac-k. Mr.~~John also stated that during the entire planning
process of placement and construction of his home he has remained
in contact with his neighbors.
N,r. Oriel Guillet cf 215 Garfield, neighboring property owner,
presented sworn testimony. Pir. Guillet asked the Board if a storm
came through and caused considerable damage to his home if he
taould be reouired to ask for a special exception.
1~',r. Albrecht advised the Board that during Huricane Alicia the La
Porte City Council ruled the property o~aners on t:he bay would be
allowed to replace damaged property if the damage was 50~ or
more. Mr. Albrecht stated that the Council may not rule the same
again but that there would be consideration for property owners.
A1r. Guillet stated that he would only hope for the same
consideration under sucYi circumstances.
After no further discussion, Glade-s Roth made a motion to grant
Special Exception ~~85-C02 as presented and revietaed. Jack Parson
seconded the motion. The motion carried with a unanimous vote.
4. ADJOURN
The r;eetirg t•:as adjourned by Vice Chairman Deborah Bernay at 7:35
P.l~i.
P.espectfully submitted,
A+artha under:., 5ecr•etary
I~:inutes approved on __
U
day of June, 1989•
Deborah Bernay
Bice Ch2irmar,
® •
APPEAL #89-003
•
e
• ® CITY OF LA PORTE ~ RECEIVED
ZONING BOARD OF ADJUSTMENT
APPEAL OF ENFORCEMENT OFFICER'S DECISION JUId 05 198g
CdDE ENFORCEMEd~__
---------------------------------------------Pp-------------- ----- ~
A lication No ~~1- DU ~
OFFICE USE ONLY: Date Received:
------------------------------////------------------ - ---
Applicant: /,~~i~~.,~~, /~f~i%2~c~
Name `
Address 7 75G~ '
I am the owner of the herein described property. I have authorized
to act on my behalf in this matter.
Name ~ c~f~`/~75
Address 7~S5q
I am ap Baling the decision regarding or the interpertation of
Sect. - 7oG of the City Zoning Ordinance No. 1501. I am making
this appeal in regards to the property located
at
Street Address
Le al Descripthon
!' n~ ~ S/~C ~ %~
® ~~~'rC~
(~ 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. // i~
~Dat Applicant's Signature
-----------------------------------------------------------------------
OFFICE USE ONLY I ,~
Site Plan and Authorization (if applicable) attached? Yes (/) No ( )
Date transmitted to the Board of Adjustments: ~ /~7 ~~ ~/
~ -
P4eeting Date: 7/` 1 ~!-!~ Applicant ;dotified of Date: sn~~' ~
Board's Decision:- .~ Approved ( ) Denied ( )
® Notice of Board Decision mailed to Applicant/Owner:
• 1 ' • •
PAGE 2
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 ~•fATTER:
-zon~in-6 02nrrv~e~vc~ ~ So~9-~',~~z,.~ f3c~/~~,~iv~ GoD~
,~,~:--..v~ ~ /t g-~~ c,~Y'rD ~~~ .: ~~ S ~.s ~~ /i.~ ,~ c vim-, ~,,a..y ivw ~~G..
-- ro i T /r•ti~ ~-2E,~ 9-~~, oi° i 6 ~9 ~ . DG~.~..L s s vt3rh X9-9-~'~
-~ .
.S~YOcu ~ ~i17/z A 6~~ 3'- ~/~ ~C> ryi ~'l~ Go.t-~-,~ c ~~~ -~ ,i ^5/L /f E Z. C G~9~
' 3r/~'1" s S.a /r~ ~.L.~ /3/~ . c~~~vS i i.~,~i° ~.~ ~ D !z ~/d c-~i'-i~i ~ ~iP-/~ o E
v
TYPE OF RELIEF BEING SOUGHT:
/~L L ~~GcJ ~ c~~ti rz' ~ 9'/~~ ~ /~i~ l ~ ~ .~ G~AC~ ~i 9-!T' ,~~r" I . s9-/: L ~"
/~Gll% /,pL-/~i-/ ~'l;l/~ /..~~i,9•rtc%9i~i' C~'~R.d6/~'_ !!/f~1- s//i.r~~.~"
9-e R /z ~a 2 I/~f! /2/J ~/I~-/b -
GROUNDS FOR THE REQtJ~EST
CED/1-'87
® •
® APPEAL TO THE ENFORCING OFFICER'S DECISION
Appeal ~A89-00~
Requested for: 1023 Hackberry (See Exhibit A)
Legal Description: Blk 10; Lot 4; Shady River, Sect III
Requested Bv: .. ~~Wil~liam Herrick, Owner
Background•
On may 25, 1989, the City of La Porte rejected a building permit
application from Mr. William Herrick (See Exhibits B & C). The permit,
for construction of a new single family home, was rejected for failure
to meet the rear setback requirements of the zoning ordinance.
Section 5-700, Table B of the ordinance requires rear yard setback of
fifteen (15) feet.
As originally proposed, a two car garage was to be attached to the
house by means of a covered patio/breezeway (See Exhibit D). There is
a five (5) foot utility easement located at the rear of this
property. The garage was to abutt this utility easement.
Mr. Herrick believes the City is misinterpreting the zoning
ordinance by considering the garage and patio to be part of the
primary structure and therefore subject to the fifteen (15) foot rear
setback requirement. He contends that the garage/patio should be
considered as a detached accessory structure. Detached accessory
structures only reouire a rear setback of three (3) feet and may be
located immediately adjacent to utility easements.
Mr. Herrick also contends that under the guidelines of the
Standard Building Code, the .garage/patio should be considered as
detached.
Analysis•
In answering Mr. Herrick's points of contention, the Standard
Building Code will be considered first. Mr. Herrick is apparently
referring to Section 412.4 of the code. This section which deals with
private 'garages, specifies requirements for fire wall separation
between attached garages and the remaining portions of a building.
This section does not seek to distinguish between attached and.;
detached garages and is in any case irrelevant as this appeal is to
interpretation of zoning requirements and. not to Building Code
® provisions.
r:
Appeal A89-003
Page 2
i
In considering interpretation of the zoning ordinance, it is
useful to begin with the ordinance's definition of "accessory
structure." This definition reads:
A detached, subordinate structure, the use of which is
clearly incidental. and related to that of the principal
structure or use of the land, and is located in the same
lots as ~that~of the principal structure or use.
As the term detached is not defined by the zoning ordinance,
Section 3-100 directs that it and other undefined terms be construed
in accordance with "their customary usage and meaning." Within this
context, the Webster's New Collegiate Dictionary defines detached as
"standing by itself: SEPARATE, UNCONNECTED."
The portion of Exhibit D highlighted in blue indicates the
breezeway/patio of the Herrick's proposed house. As it is clear from
this exhibit that the breezeway/patio roof is attached to the main
portion of the .house', it can in no way be considered as detached if
the "customary usage and meaning" of the word is used.
• Conclusion•
The Enforcing Officer was correct in determining the garage/patio
to be attached and subject to primary structure setback reouirements.
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RECEIVED
BIJILDING/~PERMIT MAY 251989 ;
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Jurisdiction of_ ~.GZ /-O~~e- rnn` ~Og~~M~
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Applicant to complete numbered spaces on/y.
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~ •REGISTRATIONNO.
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wltcNlTCLT OR OCSIGNLR
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573- 3 REGISTRATION NO.
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[NGIN[LR - - MAIL AoDRCSS - PNDNL REGISTRATION NO.
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8 Class of work: ~ NEW ^ ADDITION ^ ALTERATION G REPAIR D MOVE ~ REMOVE
9 Describe work: ~~ ~ J ~•~•
10 Valuation of work• S 8O D ~
' ~ QO' PLAN CHECK FEE PERMIT FEE
SPECIAL CONDITIONS: Type o1 Occupancy
C /,H'I.. f L• P-c.1 d Y r ~ 6 Const. Group Division
d G G~ ~ { t L /1/
G ~ ~~ Si2e 01 Bldg. NO. 01 Max.
/
~eM r~/ /~~ .C, (Total) Sq. Ft. Stories Occ. Losd
5'/ ~e Z Fire Use ~ Fire SDrinklers
APPl1~AT NACCE PIED BV WEANS CwE KF APPq E FO ISS IANCE ~ Zone Zone ~ Required ~Ves ^NO
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NO. O1
Dwelling Units
OFFSTREET PARKING SPACES:
Covered Uncovered
NOTICE ' •• Special Approvals Required Received Not Required
SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL, PLUMB- zorvlNG
ING, HEATING, VENTILATING OR AIR CONDITIONING.
THIS PERMIT BECOMES NULL AND VOID IF WORK OR CON• HEALTH DEPT.
STRUCTION AUTHORIZED IS NOT COMMENCED WITHIN s -
FIRE DEPT.
MONTHS, OR IF CONSTRUCTION OR WORK IS SUSPENDED OR
THS AT ANY TIME AFTER
FO
PER
M SOIL REPORT
R A
ABANDONED
IOD OF 6
ON
WORK IS COMMENCED. ., OTHER (Spec)+y)
I HEREBY CERTIFY THAT 1 HAVE READ AND EXAMINED THIS
APP
E TRUE AN
RRECT
T
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LICATION AND KNOW THE SAME
O B
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ALL PROVISIONS OF LAWS AND ORDINANCES GOVERNING THIS
P
ITH WHETHER SPECIFIED
T
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ORK WILL BE COM
LIED W
HEREIN OR NOT, THE GRANTING OF A PERMIT DOES NOT
PR
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ESUME TO GIVE AU
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PROVISIONS OF ANY OTHER STATE OR LOCAL LAW REGULATING
CONSTR
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31 r CON TR AC TO R AU NORI2 LD AL[N7 ~ IDAT I
WHEN PROPERLY VALIDATED (IN THIS SPACE) THIS IS YOUR PERMIT
PLAN CHECK VALIDATION CK. M.O. CASH PERMIT VALIDATION CK. M.O. CASH
EXHIBIT' .~
A•1
•
May 26, 1989
F••iOnE ~71:~ 171.5020
William ~ Donna Herrick
X23 Elder Glen
Webster, TX 77598
.A PO~'C. TE7. a,c 7 7~7 i
RE: Building Fermit Appl. for Blk 10; Lot ~; Shady River, Sec. III
Dear N,r. ~ Mrs. Herrick,
I regret that the City of La Porte has had to disapprove your
building permit application for a new home to be located in the Shady
River Subdivision. This disapproval was based on failure to comply
with the rear setback requirements specified by Sect. 5-700, Table B
of City Zoning Ordinance 1501.
This section specifies a rear setback of fifteen (15) feet for
principal structures used as single family homes. All portions of a
structure which are under a single roof are considered to be part of
the same structure. Since the garage pictured on the submitted site
plan is attached to the house by means of a breezeway, the garage is
considered to be part of the principal structure and therefore subject
to rear setback requirements.
I am returning to you, the building permit application, one set of
plans including survey end site plan, and a copy of Sect. 5-700, Table
B. 3'he other set of plans which were submitted are being retained for
the City~s records.
Respectfully,
~`~
Ervin J. if i '
• Chief B i ' • g fi icial
• City of La Porte
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