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HomeMy WebLinkAbout01-25-1990 Public Hearing and Regular Meeting,. C.rTY OF L.A FORTE 2ON.Z"NG BOARL7 OF ADJUSTMENTS PUBLIG HEAR.~NG F.LBRUAR.Y 22,. ~ 9 9 O • • • M1'"NUTES ® • LA PORTE BOARD OF ADJUSTMENT MINUTES OF JANUARY 25, 1990 Members Present: Deborah Bernay, Hines, Willie Christensen Jody Seeger, Steve Walker, Charles Members Absent: All Present City Staff Present: Director of Community Development Joel H. Albrecht, Chief Building Official Ervin Griffith, Assistant City Attorney John Armstrong Others Present: Eddie Gray, representing Fairmont Park Joint Venture 1),. CALL TO ORDER The meeting was called to order by Chairman Deborah _ - Bernay at 7:00 P. M. 2) APPROVAL OF MINUTES OF THE JANUARY 25, 1990 MEETING A motion was made by Deborah Bernay for the minutes to be approved as read. All were in favor and the motion passed. 3) CONSIDER VARIANCE REQUEST #V90-001, A REQUEST BY MR. DECKER MC KIM ON BEHALF OF FAIRMONT PARK JOINT VENTURE. REQUEST SEEKS RELIEF FROM THE THREE (3) FOOT SETBACK REQUIRED IN RESIDENTIAL SIDEYARDS ADJACENT TO UTILITY EASEMENTS. THIS REQUEST SEEKS TO HAVE THIS SETBACK REQUIREMENT REDUCED TO ZERO (0) FEET. RELIEF IS BEING SOUGHT FOR FIFTEEN (15) LOTS LOCATED IN SECTIONS I AND III OF THE FAIRMONT PARK EAST SUBDIVISION. LOTS IN QUESTION ARE LOCATED ON PECAN DRIVE, LINWOOD COURT, LINWOOD DRIVE AND DOGWOOD DRIVE. Joel Albrecht presented the staff's report on the Variance Request #V90-001. The applicant on behalf of Fairmont Park Joint Venture is Mr. Decker Mc Kim, who is being represented by Mr. Eddie Gray. The application is for a three (3) foot variance to the three (3) foot residential sideyard setback requirements of Section 5.7, Table B, footnote 3 of • Ordinance #1501. The three (3) foot setback came from an old zoning ordinance which had a larger rear yard setback that required a different space requirement for the rear yard. As the new ordinance was adopted, there was a requirement for the three (3) foot setback for ® Board of Adjustment Minutes of 1-25-90 Page 2 of 4 all easements. It was not thought at the time, that the setback would apply to easements that provide electric utility lines along the side of property to street lights located in front of property. The effect is, on same piece of property, a smaller house would have to be built rather than what was originally planned for General Homes. The existing sections of Fairmont Park were approved previous to the adoption of new Zoning Ordinance #1501, and the lot requirements did meet the then existing zoning requirements. The property in question are single family dwellings located on Linwood Ct., Linwood Drive and Dogwood Drive. ANALYSIS• Section 11-606 defines the term variance as follows: The term "variance" shall mean a deviation from the literal provisions of the Zoning Ordinance which is granted by the Hoard when strict conformity to the Zoning Ordinance would cause an unnecessary hardship because of the circumstances unique to the property on which the variance is granted. Before a variance can be granted, there are three (3) tests that must be proven: 1) That the granting of the variance will. not be contrary to the public interest. 2) That literal enforcement of the Ordinance will result in unnecessary hardship because of exceptional narrowness, shallowness, shape, topography or other extraordinary or exceptional physical situation unique to the specific piece of property in question. "Unnecessary hardship" shall mean physical hardship relating to the property itself as distinguished from a hardship relating to convenience, financial • Board of Adjustment Minutes of 1-25-90 Page 3 o f 4 considerations or caprice, and the hardship must not result from the applicant or property owner's own actions; and 3) That by granting the variance, the spirit of the Ordinance will be observed. The applicant contends that since the subdivision design conformed to all of the city requirements at the time it was approved, that conforming to the current setbacks in Ordinance #1501, would cause unnecessary hardship. We do feel that the applicants claim of unnecessary hardship is reasonable. Requesting a variance to reduce setbacks to sideyard utility easements to zero (0) feet is eligible for consideration. There is currently an existing electric line going through the easement that is encased in such a manner that should the line need to be .replaced, it could be pulled through. No additional digging would need to take place on the property. The staff feels there is no problem with the granting of this easement and it is consistent with the requirements of the zoning ordinance. We recommend consideration of the request. Mrs. Bernay swore in Mr. Eddie Gray with Fairmont Park Joint Venture. He stated he concurred with the details discussed. He stated there is really no change being asked for. All the homes that have been built, have been built just like this and the subdivision is already built, the lots are laid out and we would like to continue on just like they are so this won't be a change from what has been going on. He stated he would appreciate the Board's consideration in passing the request. 4) CALL FOR VOTE TO APPROVE OR DISAPPROVE VARIANCE REQUEST #V90-001 Jody Seeger made a motion to grant the variance request. The motion was seconded by Steve Hines. Variance Request unanimously approved. C7 .. ~ • Board of Adjustment Minutes of 1-25-90 Page 4 of 4 5) ADJOURNMENT _ There being no further business, the meeting was adjourned at 7:20 P. M. Respectfully submitted, Cheryl Stout, Secretary Code Enforcement Minutes approved on the day of Deborah Bernay, Chairman ~~ Board of Adjustment 01-25-90 1990. • • APPEAL G7F THE .ENFG~RCING ~FFIG.ER' S IJECIS IG~N A90-OQZ • .J,~ ! i CITY OF LA PORTE • - ZONING BOARD OF ADJUSTMENT APPEAL OF ENFORCEMENT OFFICER'S DECISION S --------------------------------------------APPlication Plo. ~~n- bal - OFFICE USE ONLY: Date Received: ~;~9/~y _ Applicant• Belmont Constructors, Inc. • Name 1241 Underwood Road, La Porte, Tx 77571 PH: 471-6566 Address I am the owner of the herein described property. I have authorized W. G. Clark, Jr. to act on my behalf in this matter. Owner*: Belmont Constructors, Inc. _ Name 1241 Underwood Road,'La Porte, Tx 77571 PH: 471-6566 Address I am appealing the decision regarding or the interpertation of Sect.' 4-202.2 of the City Zoning Ordinance No. 1501. I am making this appeal in regards to the property located at. 1241 Underwood Road See Attached Exhibit A Street Address Legal Description ' (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 upon which I am making this request. '~ If applicant is NOT the owner, he must provide Authorization to act on the Owner's behalf. /, ~j Li~ „ - . February 9, 1990 ~/!~/! /ate//- Date Applicant's Signature ----------------------------------------------------------------------- OFFICE USE ONLY Site Plan and Authorization (if applicable) attached? Yes ( ) No ( ) Date transmitted to the Board of Adjustments: ~4eeting Date: Applicant ~dotified of Date: Board's Decision: Approved ( ) Denied ( ) • Notice of Board Decision mailed to Applicant/Owner: ~-_. r • • 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 ?•tATTER: SEE ATTACHED TYPE OF RELIEF BEING SOUGHT: SEE ATTACHED GROUNDS FOR THE REQUEST: SEE ATTACHED • CED/1-~87 • ~ BELMONT Belmont Constructors, Inc. Facts Relevant To This Matter: In the early 1970's Fish Engineering Company purchased a 21.6 acre tract of land located at 1241 Underwood Road. On this property were several structures. Today, there is an office building, a large warehouse, a large fabrication shop (which was built by Fish in 1972 specifically for the fabrication of pipe) and several smaller buildings. Fish Engineering utilized the entire property in the normal operation of an engineering/construction company i. e. engineering, storage of pipe, storage of tools and equipment, pipe bending, welding and fabrication operations. During these early years the property was within the boundry of the community of Lomax and was subject to Lomax's ordinances. On Jan. 1980, the City of LaPorte consolidated with Lomax and assumed the area in which the Fish property is located. This placed the property within the commercial zoning classification of LaPorte's zoning ordinance number 780. In January of 1987 LaPorte's zoning ordinance number 1501 came into effect. This placed the front portion of the property in the general commercial category, the center portion in an R-2 category and the rear portion in an R-1 category. The usage of the property under ordinance number 780 was conforming, but under ordinance number 1501 it became legal non-conforming. The City of LaPorte, however, allowed Fish to continue using the entire property in a legal non-conforming use status. In the mid 1980's there was a decline in the construction industry. Because of this decline Fish Engineering shrunk it's construction activity on Underwood Road to an approximate 4 acre section of the 21.6 acres.' This included the office building and warehouse in which Fish continued with normal construction activities. The remaining piece of the property (approx. 17 acres-including the large fabrication shop) was leased to a company named Refurbco for the renovation and repair of mobile homes. On June 15, 1989 Refurbco discontinued their lease with Fish and the property, with it's non-conforming use status, reverted to Fish. 2400 West Loop South Suite 550 Houston, Texas 77027 • (713) 621-3223 • Fax: (713) 621-1822 ~ ~ BELMONT Belmont Constructors, Inc. Type of Relief Being Sought: In November 16, 1989, Belmont Constructors, Inc. signed an option to purchase the entire 21.6 acres of land and the buildings on Underwood Road from Fish Engineering. Belmont, like Fish, is an engineering and construction company. Belmont will continue to use the property for normal day to day engineering/construction activities as allowed by LaPorte's ordinances and within the SIC classifications 2451 and 3443 as established by the city. ,: The office building and warehouse on the 4 acre piece of the 21.6 acre property will continue to be used under a non-conforming use exactly as it has always been used by Fish Engineering. The City of LaPorte contends that the right of non-conforming use as a construction/fabrication yard has ceased on the 17 acre portion of the tract. The City of LaPorte maintains that this right ceased when the Refurbco lease was executed. Section 4-202.4 of the City of LaPorte's zoning ordinance states that the Board of Adjustments in determining whether or not a non- conforming use has been abandoned shall decide whether or not the owner intended to abandon the non-conforming use during the period of cessation. Belmont believes that it was never the intention of the former owner, Fish Engineering, to abandon the non-conforming use. This is the basis for this appeal. Belmont is only appealing the City of LaPorte's decision as it regards the large fabrication shop and attached concrete slab indicated on the attached site plan.. The entire length of the shop's south side adjoins the 4 acre section of property. The shop's double doors open directly on to the 4 acre section and to the attached slab on the east end of the building. The remaining 17 acre section of land, with buildings, would remain under the current non-conforming use as was being used by Fish Engineering. 2400 West Loop South Suite 550 Houston, Texas 77027 (713) 621-3223 Fax: (713) 621-1822 0 ~ BELMONT Belmont Constructors Inc. The Grounds for the Request: The shop fabrication building was specifically designed and built as a manufacturing facility. It's main features are an overhead crane and high-bay construction. To use this shop in any other way than what is was designed for is a total economic waste. The only option is to tear down and relocate the overhead crane to a usable location which will be a significant added expense. The • large shop will then be rendered useless except for storage. During the economic downturn in the construction industry when Fish leased the property to Refurbco, there was absolutely no intent to abandon the non-conforming use status of the total property. It was only the soft construction market that forced Fish into this position as well as the legal and binding lease to Refurbco.. Granting this appeal to use the shop fabrication building and the attached slab under the 4 acre non-confirming status and SIC number 3443 will certainly relieve Belmont Construction from an unnecessary hardship. Additionally, while greatly relieving Belmont's hardship there will be no adverse effect on the value and/or use of adjacent or neighboring property nor will it be contrary to either the short term or long term best interest of the citizens of LaPorte. 2400 West Loop South Suite 550 • Houston, Texas 77027 • (713) 621-3223 Fax: (713) 621-1822 EXPID3IT "A" Approximately 21.5493 Acres composed of LaPorte Outlots 367 through 370 in the Enoch Binson Survey, Abstract ,Harris County, having a street address of 1241 Underwood Road, LaPorte, Texas. _, • ~ - - - - ~ . `- . .. II w I w y_.~ / 0 /x O; N ~ R +~ o N . x ^~ ~~ ^ y M~ • ~ o EN ca p a ~- - o. ~' c•~ O - z o N, o p Q . o x / / Ay ~ O y ` { ~1 ~ T ~ G O ~ ~'' • ur=n `~ . XM v' // ~.m '- r~t// O /O n N m• v+ ~ / ~ /J N Z ~ . ... ~~ /1 ~~ W ~ Inl V ~,,, ~ _.. ~~ ~ i96' cry ,o `O ° • •'V d 9 v .n j' r ~ ~o „~H ~ ~n qJ a o ' '' x v ' r o o ~^ `o n „_ r C s T ~ ~ ~ 5 in ~ O C O n or s rn D Z r T_ x r .~ o _ ~ j. _~~ T "y ~ n Z ~ m rp • n~ c ,~ r t ~x .'~'1 v 0 a 0 r 'o t i I ¢g4~. ~O 6 I[~ I P I- ® APPEAL OF THE ENFORCINr OFFICER'S DECISION #A90-001 Requested By: Mr. W. G. Clark, Jr. on behalf of Belmont Constructor's, Inc. Requested For: Belmont Constructor's, Inc. which is located at 1241 Underwood Road. (See Exhibit A). Leaal Description: An approximately 21.5493 acre tract composed of La Porte Outlots 367-370 out of the Enoch Brinson Survey; Abstract 5. Zonina: General Commercial (G. C.), R-2 Mid Density Residential, R-1, Low Density Residential. (See Exhibit A). Subject of Appeal: Determination by the Enforcing Officer, that the right of non-conforming use on • a portion of the applicant's property has ceased and is no longer in effect. .• Background: . As noted in the •applicant's letter, Fish Engineering Company purchased and developed the subject tract (1241 Underwood Road) prior to the La Porte, Lomax incorporation. Following the January 1980 incorporation into the City of La Porte, a zoning designation of "Commercial" was placed on the Fish property. Under Ordinance 780, the zoning ordinance in effect at the time, Fish's use of the property as a construction/fabrication shop and yard was a conforming use within Commercial zones. Ordinance 780 was still in effect in the mid 1980's when, due to a downturn in .the local economy,• Fish was forced to scale back their activities at the Underwood Facilities. In December 1985, while still under the regulations of Ordinance 780, Fish Engineering leased a seventeen (17) acre portion of their property to Re-Furb-Co. Inc., whose business was the repair of repossessed mobile homes, (See Exhibit B). Re-Furb-Co occupied this portion of the Fish property until June 1989. The seventeen (17) acre section which they occupied contains a large 46 ft. x 200 ft. shop .building and an adjoining 46 ft. x 160 ft. open slab. The building and slab are the subject of Belmont's appeal. (See Exhibit G). In January of 1987, while Re-Furb-Co. still held the lease on the seventeen (17) acre section of the Fish property, the City ® of La Porte adopted a new zoning ordinance and map. This APPEAL OF THE ENFORCING OFFICER'S DECISION #A90-001 PAGE -Z ordinance, (#1501) and map rendered Fish's construction/fabrication activities at the Underwood facility, non-conforming. This non.-conforming status was applied to the four (4) acre portion still occupied by Fish. The remaining seventeen (17) acre section occupied by Re-Furb-Co., while also classed as non-conforming, was assigned a different classification based on their business of mobile home repair. This was the situation as of December 1989, when the Fish facility was acquired by Belmont Constructor's, Inc., an engineering and construction company which specializes in the same type of work as Fish Engineering. Belmont purchased the entire Fish facility and occupied the four (4) acre portion which has remained in continuous use as a construction/fabrication facility. This constituted a continuation of a legally established non-conforming use and was therefore perfectly proper under the City's current zoning regulations. • Belmont has subsequently come to the City and requested the right to use the large shop building and slab located on the seventeen (17) acre portion of their property. Based on the Re- Furb-Co lease, and using Section 4-202.4 of the Zoning Ordinance as a guide, the Enforcing Officer (Director of Community Development) has determined that the right of non-conforming use as a construction/fabrication shop and yard has ceased so far as the seventeen (17) acre section of the Belmont property is concerned. This is the decision being appealed by Belmont Constructor's, Inc. Belmont is also basing their appeal on Section 9-202.4 of the Zoning Ordinance. Analysis• As Section 4-202.4 lies at the heart of this appeal, it will probably be helpful to quote the section in its entirety. 4. Abandonment of Non-Conforming Use A non-conforming use, when abandoned, shall not resume. A non-conforming use is abandoned when land used for an established non-conforming use ceases to be used for a period of ninety (90) consecutive calendar days, and it is determined that an intent to abandon the non- conforming use occurred, as evidenced by an overt act ® or a failure to act on the part of the non-conforming _ use landowner or his occupant. s • APPEAL OF THE ENFORCING OFFICER'S DECISION #A90-001 PAGE -3- Whether or not a non-conforming use has been abandoned is a question that shall be determined by the Board of Adjustment. The property owner or his representative seeking to maintain the existing non-conforming use shall have the burden of proving to the Board of Adjustment that the use has not been discontinued for a period of ninety (90) consecutive calendar days, and/or that the owner or his representative did not intend to abandon the non-conforming use during the period of cessation of use of the non-conforming use. Using the first paragraph of this section as a guide, the enforcement officer determined that the non-conforming use on the seventeen (17) acre portion of the applicant's property had been abandoned. Based on Fish's multi-year lease to Re-Furb-Co., it is clear that the use of construction/fabrication yard has been abandoned in excess of ninety (90) days. Belmont's appeal is based on section; specifically that "the ow the non-conforming use during the p the second paragraph of this er did not intend to abandon iod of cessation of use_... Belmont, as noted in their application, contends that Fish Engineering never intended to abandon the use of the seventeen (1?) acres as a construction and fabrication shop and yard. They claim, the lease to Re-Furb-Co., Inc., was an effort to maintain some degree of income from the property until such time as the economy (and therefore Fish's business) improved to a point that would justify reactivation of the facility. They also point out that at the time the Re-Furb-Co. lease was executed, the facility, as used by Fish, was a conforming use. Abandonment of a non-conforming use was therefore not even an issue to be considered at this time. Fish was not aware that zoning restrictions on their property would change in January 1987 (one year after the Re-Furb-Co. lease was executed). If the Board accepts the applicant's contention that Fish Engineering had no intention to abandon the property use, it would be proper to rule that the right of non-conforming use has not ceased and may continue. This decision would in no way contradict the enforcement officer. The officer's decision was properly based on paragraph one of the section. The use as a construction/fabrication yard was clearly discontinued for a period well in excess of ninety (90) days. Under paragraph 2 of this section, the authority to make interpretative decisions regarding abandonment of a use is reserved solely for the Board of Adjustment. r~ L_J APPEAL OF THE ENFORCING OFFICER'S DECISION #A90-001 PAGE -4- Conclusion• It should be noted that the burden of proving their contentions is on the applicants. If however, they are able to support their position to the Board's satisfaction, granting this appeal would be a proper action. It should also be noted again, that the applicant's appeal extends only to the shop and slab indicated on Exhibit C. Options: I) Grant Appeal #A90-001 A. As requested B. With conditions such as development of landscaping and/or screening in accordance . with zoning ordinance requirements. II) Deny Appeal #A90-001 III) Table Appeal #A90-001 for further consideration at a future date. -~..., . ~ ; LI - r ;,~r -~•.... .SCALE I =1000 i ~; w :~ e ... . • :: t i ;I .. 4.: ~ •~ ,. .. ,_' ~ .- ;~~. ..~ .. ..... ~.:.. ,x~ • ..... .. ... ... ....... . '.. . ~ - - ,~, - ; ....... ~. , i . ~0 500 1000 `' '~2f000 i ~ ) ~~ ' ! i . ~~ ~ . , ~ ~ .. . i ~ ~ ~,.. ~I~ ~ : : • .. .: .. Rte; . • . ~ • , jj!! ); ~ •.. ..h\~~ . ; i~ k. • Tt \~ ~-~• •' 3K .'SMCP IN QOESSICN ! ,f / J ~ ( ~ } .i v !:!T7Lf YC.I ~v,..~~4 } fj . 1 11 l I:i , ( I,..~..f E • tit ~ ~ ~, tK tK ~~ .. ..~ I/~ ~ - ' ~" - ~ .ti: <i; .' . - i ~. i (~t'' ~. -~ °;u7. gil4t t ratg 5Z: , rr ~. ~. f.~ ~• .{. { ~ ~ '{ k'fP MY i i i. t '~ p i ~s !q~'LpA'j3V $? i K i i E .. € ::~epx:c•:~sryr S t ~ i ~ S . ,, . ~ ~ 1 • ~ I ~ a y4 fl ~ .N 4T ji ~•.' ~• ~ ~; i ' t i • •' i .... _. _. t . 1 ._ -- _ . `~': . ~• ~~ cRGe~t!!KkcT m,~,; #~ ~ EXHIBIT A ~' . , ~~ • FF,'iahl F i 3hi Et•1G I t•IEEF' I hl~ i TO '?=371 _~~~17 F . l~2 . ~ ® • -~ - ~ AFFIDAVIT I, Craig A, Reynolds, affirm that I am' Vice President Finance of Advantage Nousing Corporation (fort7erly Re-Furb-Co, Inc. ) who occupied, under lease, the property at 1.241 Underwood Radd, taPorte, Texas, December 1985 through June 15, 1989, During the period February 20, 1989 through June 15, 1989, we were curtailing our operations at that facility end~were attending to numerous details of vacancy, constant with our lease. Although • our vacancy was not fully completed by June 15, 1989 it was ~" substantially complete and gave rise to the subsequent refund of our security deposit on August 22, 1989. I further affirm that, in my capacity as Yice President of Finance, • i am custodian of records of the company and have sufficient first-hand knowledge to make the above statements and to certify that they ire true and correct. . Subscribed to and sworn by me this 26th day of SeQtember, 1:989 iryrHouston, Texas. . ~r~~. ~rceyno~as STATE OF TEXAS § COUNTY Of kARRIS § ~ ~ ~~ •~- 8EF0lZE ME, the undersigned notary public, on this day personally appeared~Craig Alan R2yttolds, in his capacity as Yice President of Finance of Advantage Nousing 'Corporation, who, being. by me first duly sworn on his oath, deposed. and said that he has made foregoing affidavit 'and that the statements contained herein are within his personal knowledge and are true and correct. RC~aY~/ Pu c to anQ for tl State of as / , Printed Name: ~'(y Comm! S '' • ' LAARY ~Il~I~C N~WITf • ~ " ! ~t~Ce Ml~ile~n `~ aka TailD-0O t • EXHIBIT $ C r • _ _ ' k _ ~ ~. - .. / ~ ~- II P.~.P.sr,:vG ~,I: ~ .cFFa ~ /' , ,. T/p/x ~'N OjN.~ R ~ min x^ ~ C '" O _ N - v ~ ~ kv1~ OQ ~ O ~ Q 4 1~ ~ 1"11 ~ o .N, o ~ O o Q - x / / n y 0 ,~ O / '~ O r Y )` .-- Q~ C { O ~. • ~ _ ~~~ C C. /• XW N,~ p m n ~O ~ N t ~ % °- m• H / f yl Z ~ /1 ~ Z d T !t~`i -- =r ~/ l~ N~~ w ~ ~f\~ ~ ~ V 1 ,~ Q ~Q6 ~ ~~ ~ r -+ W N ~ ~ y ~n !~ r. r,yl ~ IA ~ p.1 a o ~- - .~ k v ~ ~ J' N N ~~ ~ ~ ~ r ~~ - r ~, > s ~ ~ .. ~ C~ c a n o= D ~~ 2 r' ^ ~, T. ~ N ~ ~; x ~° ~ v o ~_ ~ ~ - ~ ~ ---- •~ c v ~ ~ IR1 A Z " ~ ~ m !~ ~j m O O A 'v t y f~ r EXHIBIT, (;