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Home My WebLink About07-13-1989 Public Hearing and Regular Meeting• • • MINUTES C~ LA PORTE BOARD OF ADJUSTMENTS MINUTES OF JULY 13, 1989 Members Present: Deborah Bernay, Jody Seeger, Steve Hines, Willie Walker, Charles Christensen Members Absent: None City_Staff Present: ~7oe1 Albrecht, Director of Community • Development, John Armstrong, City Attorney Others Present: William Herrick, Delia Claus 1. 2. 3. CALL TO ORDER The meeting was called to order by Vice Chairman Deborah Bernay at 7:10 P.M. ADMINISTER OATH OF OFFICE TO ZONING BOARD OF ADJUSTMENTS MEMBERS John Armstrong, City Attorney, administered the oath of office to all members. ELECT NEW ZONING BOARD OF ADJUSTMENTS OFFICERS Jody Seeger made a motion to nominate Deborah Bernay as ~, Chairman of the Board of Adjustments. No other nominations were made; the motion was seconded by Charles Christensen. The motion carried with a unanimous vote. Deborah Bernay made a motion to nominate Jody Seeger as Vice Chairman of the Board of Adjustments. Charles Christensen seconded the .motion. After a vote, the motion carried with a unanimous vote. Deborah Bernay made a motion to nominate Charles Christensen for Secretary of the Board• of Adjustments, a second was received by Steve Hines. The motion carried with a unanimous vote. The La Porte Zoning Board of Adjustments officers will be noted as: Chairman: Deborah Bernay Vice Chairman: Jody Seeger Secretary: Charles Christensen • • • • MINUTES BOARD OF ADJUSTMENTS MAY 25, 1989 PAGE 2 4. APPROVE MINUTES OF MAY 25, 1989 PUBLIC HEARING ~ REGULAR MEETING A motion was made by Steve Hines and seconded by Charles Christensen to approve the minutes as presented. The vote was unanimous and the motion carried. 5. CONSIDER APPEAL TO THE ENFORCING OFFICER'S DECISION APPEAL #A89-003 Mr. Joel Albrecht presented staff's report The location of the property for review is located at 1023 Hackberry. This request is due to the enforcing officers decision to reject a building permit for construction of a new single family home. This decision was made due to failure to meet the rear setback requirements of the zoning ordinance. The enforcing officer based his decision on the setback requirements for an attached garage, which is fifteen (15) feet. Mr. Herrick contends that under the guidelines of the Standard Building Code, the garage/patio should be considered as detached. The definition used in determining these requirements is "accessory structure." A detached or subordinate structure, the use of which is clearly incidental and related to that of the principal structure and is located on the same lots. The term "detached" meets the Webster definition of separate or standing by itself or unconnected. The City's present existing ~ zoning ordinance states that the setback requirements for an .attached accessory building is fifteen (15) feet. A detached structure is required a five (5) feet setback. The breezeway, in this case, makes the garage an "attached" structure. It is staff's recommendation that the officers decision was correct based on the zoning ordinance's intent to maintain a minimum of 15 ft. of rear yard area behind a primary structure. This area is reserved for future development of accessory uses. An accessory structure may be located 3 ft. from a rear property line. A minimum separation of 6 ft. must be maintained between primary and accessory structures. C~ MINUTES BOARD OF ADJUSTMENTS MAY 25, 1989 PAGE 3 ~' Mr. Christensen stated that he believes the definition of attached, in relation to building, means a common wall. Ne talked to an engineer and real estate agent and their understanding was also common walls or primary roof .extension that includes the garage. All consulted said that ~a breezeway would indicate a detached garage. In this set of circumstances, Mr. Christensen does not believe that a breezeway will constitute an attached garage. Mr. Albrecht stated that this is not the same roof line but ' that it is within the same plane. Mr. William Herrick was sworn in for testimony. Mr. Herrick stated that the Southern Building Code defines attached as having a common wall. Mr. Herrick believes that the garage is detached and the only connection is a breezeway. Also the roof structure is of the same type all the way through. John Armstrong explained to the Board that they are to decide if the garage is attached or detached. The Board also needs to consider the ramifications of their decision regarding the zoning ordinance. Charles Christensen made a motion to grant the appeal of the enforcing officers decision. The motion carried with a unanimous vote. 6. MRS. DELIA CLAUS TO ADDRESS THE BOARD REGARDING THE BOARD OF ADJUSTMENT ACTION CONCERNING A CARPORT LOCATED AT 808 SOUTH ' 2ND ST. NO ACTION TO BE TAKEN ON THIS ITEM. Mrs. Delia Claus of 808 South 2nd Street addressed the Board regazding previous Board action taken on her request to rebuild a carport located at her home. Mr. Albrecht briefed the Board regarding the action taken on Mrs. Claus' appeal at the Nov. 10, 1988 Hoard of Adjustments Meeting. No action was taken regarding this item. 7. ADJOURN .J Charles Chzistensen made a motion to adjourn the meeting. Jody Seeger seconded the motion. The motion carried with a -% unanimous vote. The meeting was closed at 7:45 P.M. • s • SPECIAL EXCEPTION REQUEST SE#89-003 • SPECIAL EXCEPTION SE89-003 • REQUESTED FOR• 228 Jefferson LEGAL DESCRIPTION: North 1/2 of Lts. 1 & 2 of Blk. 3; Sylvan Beach First Subdivision (See Exhibit A) REOUESTED.BY: Mr. John Wycoff representing Mr. and • _ Mrs . Clh.~arles R. Gipson, owners ZONING: R-1 Low Density Residential TYPE OF EXCEPTION REQUESTED: Exception to single family rear setback requirements as provided for by Section i1-605.2.b.2 of Ordinance No. 1501 BACKGROUND' The property in question is located on the south side of Jefferson Blvd. and adjacent to Galveston Bay. As bayfront property, the waterfront side of the tract is considered as the front yard. The lots are presently occupied by a two-story house and garage • apartment (See Exhibit A). The applicant's intention is to demolish the existing structures and build a new single family home in their place. As proposed, the new house is to be ~of five feet. Exhibit B indicates applicant's proposed home plotted question. Section 5-700, Table B of a rear setback of 15 feet. The exception •to this requirement. ANALYSIS' Section 11-605.2.b.2 states: built with a rear yard setback a simplified footprint of the on the survey of the lots in the zoning ordinance requires applicants are requesting an A rear yard exception '[may be granted] where the actual rear yard setback of any four (4) or more lots in the same block does not meet the rear yard requirements of these regulations. There are presently four primary structures (in addition to the applicant's present home) located in Block 3 which do not meet ordinance rear yard setback requirements. They are: ® -1- • 230 Jefferson (South 1/2 of Lts. 1 & 2) Single family home (bayfront lots) • Rear setback: Approximately 5 feet 230B Jefferson (Lt. 3) Commercial building (Crow's Nest Art Gallery) Rear setback: Approximately 0 feet 219 Sylvan (Lts. 13 & 14) Single family home (bayfront lots) Rear setback: Approximately 3 feet 217 Sylvan (Lt. 15) Single family home Rear setback: Approximately 7 feet Please note the rear setbacks given for the four above listed structures are approximations. The figures listed were established by scaling from a topographic map and a visual field inspection. Property and right of way boundaries are not clearly defined in this neighborhood. Exact figures were therefore impossible to establish without surveying all of the referenced properties. However, even allowing for a relatively large margin of error, it is clear that the rear setbacks of the four listed structures do not meet current ordinance requirements. This request therefore satisfies the requirements of Section 11- 605.2.b.2. The other factors to be considered by the Board when considering a special exception request are specified by Section 11-605.2.. This section states: The term "special exception" shall mean a deviation from the requirements of the above Zoning Ordinance, specifically enumerated herein which shall be granted...only when the Board finds that such special exception will not adversely affect the value and use of adjacent or neighboring property or be contrary to the best public interest. It is the charge to the Board to determine, based on testimony from the applicants and concerned citizens, what impact this request will have on the use~and value of neighboring property and the "best public interest." CONCLUSION' This application meets the prerequisites of Section 11-605.2.b.2 and is therefore eligible to be considered for the requested special exception. • -2- ~.~~a ~~f ~~~ ~ b~' 3 C'r,~ J.Q x -- ~, `~~~~~ ~, ~ ~~ , -c Z~ i O ~ N i ~ iCI~G / ~r ~C+• M•/ 2, X972 ~~ F~.e ~,~~k'~E,f ~ 6//~1LLV, cf ~;r I certify that this is a plat of property, made under my supervision. located on ,Tefferson Blvd:, and being described as follows: the North ~ of Lots 1 and 2, ?lock 3, ~>YLVAN 5EACH rIRST BUL'-DI~ISIUN, as described in Volume 3, page ?2 of the K;ap Records of Harris ~j' County, Texas. ,,~si~"~'i`~EgLc i There are no encroacr.ments, except as noted, _ ~~ . Unless staked , d o not use for ccnstructior. purposes . ~'•~ .,. t •. ...•. Bayshore Engineering~Company r F.O. Aox 964 .- ~.~~~~:~ .~ '.' 1 La Forte, Texas 775?1 471-3569 .. ~ ... ExHia~~ A ~ ' • ~/-'.va. /76fi ~~a- E ~~~ "~Otbi,~' ~ '/-L, ..J~C '~ • ~~,v v. ~~ ~ ~~`'~ ~~ 7 ~ ~ • /~~ j c• - /~F •• ~ ~~~ ~ ~ ~ N A r ' . ~~ ' ~ ,oo o / _ ~- ~^° ~ `retb ~tei. ~v c• „~ Q~~ ~ .~1~ 2, X972 yy l ~ .. ~ . . ` ~j ' T ~ ti - 3 %oe • ~ ~ /O~ ' V _ ~~,~'tc , s• r A ~ v~F • . `~ Y I l ~ ~ (r _ x L ~\ s2: • ~ ~ `• ~ ~ . ~ . ~_ . ~ ~~ "\ `~ ` ti .a \• :u - ~ Fc.t~ I certify that this is a plat of property, made under my supervision, located on :Tefferson Blvd., and being described as fellows: the North ~ of Lots 1 and 2, Block 3, :SYLVAN BEAL'H FIRST 5U3-DIYISIUN, as described in Volume 3, gage 72 of the Nap Reccrds of Harris 'j County , Texas . _.~~3t~-.c~,: . i There are no encroac}:ments, except as noted, • ~ •' Unless staked , d o not use for ccnstruction purposes . ~~•~ . t Eayshore Engineering Company t ~ .~• .,•.::~~.;:~~ i F. o. Aox 964 •~• ..~f La Forte, Texas ??571 ~ ~ •~ 471-3569 FXHIBR .. ~ ~.• .. • • •• ' / T! 1 -~ ri~~ "i' ;i... 0 :~ ~' ; c July 14, 1989 • CITY PHOnE X 7 1 3 1 471.5020 Mr. William Herrick 423 Elder Glen Webster, Texas 77598 Dear Mr. Herrick, of L • P. O. Box I t 15 PO R TE • LA FORTE. TExAS 77571 The letter is to confirm the action taken by the La Porte Zoning Board of Adjustment on your appeal of the Enforcement Officer's decision concerning the attached garage being constructed on Block No. 10, Lot No. 4, Section 3 of Shady River Subdivision. The Zoning Board of Adjustment in a Public Hearing last night reviewed the testimony given and approved your request to connect the garage to the house with a covered walkway. Should you have any questions concerning this matter, please feel free to contact either myself or Mr. Ervin Griffith, our Code Enforcement Officer. Sincerely, d~. oel H. Albrecht irector of Community Development JHA/neb xc: Ervin J. Griffith C, J • July 14, 1989 PHONE 1713) 471.5020 Charles Christensen 320 South~7th Street La Porte, Texas 77571 RE: The Zoning Board of Adjustment Dear Charles, LA FORTE. TEXAS 77571 I would like to thank you for serving on the Zoning Board of • Adjustment for the City of La Porte and I am looking forward to working closely with you in the future. I hope the brief information session for the new board members last night was beneficial. I also found a document prepared by John C. Ross, Jr. and Susan M. Horton that explains quite thoroughly the authority and responsibility of the Board which might interest you. The attached document provides you with articles from our Texas Statues, as well as, court cases that have been decided concerning the various Zoning Board of Adjustments issues throughout the state of Texas. .After-.you review this document I would be happy to discuss it in detail with you at your leisure. Should you have any questions, please feel free to contact me. Sincerely, el H. Albrecht irector of Community Development JHA/neb Attachment FORTE xc: Ervin J. Griffith, Chief Building Official :ice\~=~~_. ~:. ~ ~1` ,F.. ~ .~ CITY OF LA FORTE PHONE 17131 471.5020 • P. O. BOX 1115 • LA PORT E. TExAS 77571 .._ ~ t.i C] July 14, 1989 Mr. Steve Hines 3102 Ashton La Porte, Texas 77571 RE: The Zoning Board of Adjustment Dear Steve, I would like to thank you for serving on the Zoning Board of Adjustment for the City of La Porte and I am looking forward to working closely with you in the future. I hope the brief information session for the new board members last night was beneficial. I also found a document prepared by John C. Ross, Jr. and Susan M. Horton that explains quite thoroughly the authority and responsibility of the Board which might interest you. The attached document provides you with articles from our Texas Statues, as well as, court cases that have been decided concerning the various Zoning Board of Adjustments issues throughout the state of Texas. After you review this document I would be happy to discuss it in detail with you at your leisure. Should you have any questions, please feel free to contact me. Sincerely, J Albrecht D'rector of Community Development JHA/neb Attachment • xc: Ervin 'J. Griffith, Chief Building Official c: • • ,'t.~,.ti . • o-'.14.µ , ~, • r..... ~::. , . ~. ,L ~..:: ~ 1 ~~h``IA, 4`.• . ~~ y ':~ July 14, 1989 CITY PMO(~E ~ 713) 471 •5020 t~ Willie Walker 327 North 6th Street La Porte, Texas 77571 RE: The Zoning Board of Adjustment Dear Willie, OF LA • P. O. BOx 1115 FORTE • LA FORTE. TEXAS 77571 I would like to thank you for serving on the Zoning Board of Adjustment for the City of La Porte and I am looking forward to working closely with you in the future. I hope the brief information session for the new board members last night was beneficial. I also found a document prepared by John C. Ross, Jr. and Susan M. Horton that explains quite thoroughly the authority and responsibility of the Board which might interest you. The attached document provides you with articles from our Texas Statues, as well as, court cases that have been decided concerning the various Zoning Board of Adjustments issues throughout the state of Texas. ..after you review this document I would be happy to discuss it in detail with you at your leisure. Should you have any questions, please feel free to contact me. Sincerely, ~7 el H. Albrecht D rector of Community Development JHA/neb • Attachment xc: Ervin J. Griffith, Chief Building Official