HomeMy WebLinkAbout02-22-1990 Public Hearing and Regular Meeting
T
CITY OF LA FORTE
ZONING BOARD OF ADJUSTMENT
,PUBLIG ~YEARING
M~lY 30~ 399
'~.
M S N U T E S
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LA PORTE BOARD OF
MINUTES
FEBRUARY 22,
Members Present:
Members Absent:
u
ADJUSTMENT
OF
1990
Deborah Bernay, Jody Seeger, Willie
Walker, Charles Christensen
Steve Hines
City Staff. Present: Director of Community Development Joel
H. Albrecht, Chief Building Official
Ervin J. Griffith, Assistant City
Attorney John Armstrong
Others Present: Bill Jordon representing Belmont
Constructors Inc.
1) CALL TO ORDER
The meeting was called to order by Chairman Deborah
Bernay at 7:00 P. M.
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2) APPROVAL OF MINUTES OF THE FEBRUARY 22, 1990 MEETING
A motion was made by Deborah Bernay for the minutes to
be approved as read. All were in favor and the motion
carried.
3) CONSIDER APPEAL TO THE ENFORCING OFFICER'S DECISION
#A90-001. APPEAL IS TO THE ENFORCING OFFICER'S
DECISION THAT THE RIGHT OF NON-CONFORMING USE OF A 46
FT. X 200 FT FABRICATION SHOP AND ADJOINING 46 FT. X
160 FT. SLAB LOCATED AT THE BELMONT CONSTRUCTOR'S, INC.
FACILITY LOCATED AT 1241 UNDERWOOD ROAD HAS CEASED AND
IS NO LONGER IN EFFECT.
Joel Albrecht presented the staff's report on the
Enforcing Officer's Decision #A90-001. The applicant
on behalf of Belmont Constructors Inc., is W. G. Clark,
Jr. who is being represented by Mr. Bill Jordon in
appealing the decision regarding the interpretation of
Section 4-202.2 of the City Zoning Ordinance Number
1501.. The property in question is located at 1241
Underwood Road.
Board of Adjustment
Minutes of 2-22-90
Page 2 of 3
In the early 1970's, Fish Engineering Co. purchased a
21.6 acre tract of land located at 1241 Underwood.
Today there is an office building, large warehouse,
fabrication shop built by Fish in 1972 and several
smaller buildings. During these early years the
property was. within the boundary of the community of
Lomax and was subject to Lomax ordinances. In January
1980, the City of La Porte consolidated with Lomax and
assumed the area in which the Fish property was
located. This placed the property within the
commercial zoning classification of La Porte's Zoning
Ordinance #780. In January of 1987, La Porte's Zoning
Ordinance 1501 came into effect. The usage of the
property under Ordinance #780 was conforming, but under
Ordinance #1501 it became legal non-conforming. The
City of La Porte 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. Approximately 4.0 acres of the
21.6 acres was used actively and the remaining 17 acres
were leased to a company named Refurbco. On June 15,
1989, Refurbco discontinued their lease with Fish and
the property, with its non-conforming use status
reverted to Fish.
In November 1989, Belmont Constructors, Inc., signed an
option to purchase the entire 21.6 acres from Fish Eng.
Belmont will continue to use the property as allowed by
La Porte's ordinances and within the SIC classification
2451 and 3443 as established by the City. This
property will continue to be used under a non-
conforming use like it has been used by Fish
Engineering.
The City of La Porte 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
maintains that the right ceased when the Refurbco lease
was executed.
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Board of Adjustment
Minutes of 2-22-90
Page 3 of 3
Mrs. Bernay swore in Mr. Bill Jordon with Belmont
Constructors, Inc. Mr. Jordon stated that by granting
this appeal to use the shop/fabrication building and
the attached slab under the 4 acre non-conforming
status and S.I.C. number 3443 will relieve Belmont
Constructor's Inc., from an unnecessary hardship.
Also, 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 La Porte. He stated
they are asking that the S.I.C. Code #3443 be applied
to the large fabrication shop and its associated
concrete slab to be utilized as it was used prior to
the lease with Refurbco.
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4) CALL FOR VOTE TO APPROVE OR DISAPPROVE THE ENFORCING
OFFICER'S DECISION #A90-001.
Charles Christensen made a motion to grant the appeal.
The motion was seconded by Jody Seeger. The appeal was
unanimously approved.
5) ADJOURNMENT
There being no further business, the meeting was
adjourned at 7:25 P. M.
Respectfully submitted,
Cheryl Stout, Secretary
Code Enforcement
Minutes approved on the
day of , 1990.
Debozah Bernay, Chairman
Board of Adjustment 02-22-90
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C~
SPECSAL L~'XGEPT.IG~N REQUEST
# SE 9 0- 0 0 3
' ~ CITY OF LA PORTE
- ". ZONING AOARD OF ADJUSTAI~ •
SPECIAL EXCEPTION REQUEST
• -------------- Application No.:SE~~ -Gcl
OFFICE-US•E_•ONLY: Fee,,.__,$50 00 Date Received: _~ ~~~G_.__.
-- ~ Receipt No.: _~.s( 3J.~.
NOTE: This Fee is Non-Refundable Regardless of the Board's Decision.
Applicant: Roel•of_and_Judy_•_.Nieuwe'_n_hui•s,_. DBA Roelof's..
- ------ - - - Name -
301 W_.__Main_•5treet LaPorte, Te'x•as PH: 4713807
- Address
I am the owner of the herein described property. I have authorized
__'_--_____-•+__•--_•_•_•_._•:_•______•_,_._.. to act on my behalf in this matter.
Owner: .-•-•------•---•-•-• - • ----•--••---._.__.___._-----------•---•
Name
__ PH:
..-----•-----...._._.~.._._._-Address -•-•-•----._._._._._._._._--- - -•
I am requesting a Special Exception to Sect. _~.__ of the City
Zoning Ordinance No. 1501. I an•~ requesting this Special Exception for
property located at 301 W. Main•_•_•_•_•_•__•___•_L__ots 27~_~, 28•rBllc_~9
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 an, making this request.
'~ If applicant is NOT the owner, he m~•~t 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: ___.__~~-._.__
Meeting Date: ~~~' ~~ Applicant Notified of Date: __.___.___.___.__
Board's Decision: Approved ( )
Denied ( )
Notice of Board Decision mailed to .A pplicantlOwner: _._-_....___.
`~
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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 except;ions 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 n,et on abutting pieces of property.
(b) Exception to rear yard setbacks if any four (!E) lots
within a block do not meet setback requirements.
(c) Exceptions to yard requirements on corner lots.
(d) Exceptions 'to front yard requirements if existing
front yard setbacks on a block are not uniform.
(3) Waiving or reduction of off street parking and loading
requirements if the Board feels they are unnecessary
for the proposed use of a building or piece of property.
Please remember it is the Applicant's responsiblity to prove
that a Special Exception will meet the above conditions.
If there is not adequate room on the remainder of this form to
list all pertinent information, please feel free to attach an
additional letter or any information and exhibits you feel the Board
should consider.
FACTS RELEVANT TO THIS MATTER:
Add_ on _to existing Mai.n_Street commercial ,building.. in..a_ manner, which
is_consistant'with typical existing_Main_Street_commercialFbuildings.
Side setback adjacent to~South_.2nd^zero feet_typical`of_Main...Street
® development. Requested_lot_coverage_ typical-of Main Street;_-______
Parking arrangement typical _of`Main_ Street _____': ~_ ___Y __ __- _____
• ~_ ~ + .
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' PAGF. 3
TYPE OF RELIEF BEING SOUGHT:
Reduce 'side .yard se'tb'ack' adj~acerit _to~~South~2nd Street tQ_ zero feet .
Increase ~allowabl~e lot ~co.verage 'to 66$ ,
Waive off street parking requirement,
THE GROUNDS FOR TEIE REQUEST:
i ~ _Please_;see ~attia~ched~ and oth~er~ enclosures_~~___`____~__ __^___+_
CED/1-'87
r rL~~eP~2 ~I/j2 ~~G~l~GIil2 z(1~ ~ ~ui~fif2 ~ ~
306 West Main Street
La Porte, Texas 77571
(713) 471-3807
April 19, 1990
TO Zoning Board of Adjustment
SUBJECT: The Grounds for the Request
In order to better serve the public,
expanding our repair and refinishing
location of the retail portion of our
which we lease, to 301 W. Main, which
Roelof and I are in need of
shop area due to the re-
business from 306 W. Main,
we own.
We purchased the 301 building in 1988 which was on the city's con-
demnation list and have been actively restoring the structure~to
house both our antique/gift shop and furniture repair and refinish-
ing business. The antique/gift portion is completed with central
air and heat, carpet and pleasant surroundings for the comforts of
our customers, however, the renovation has left the refinishing area
much too small to house tools and equipment or adequate work space
for large pieces of furniture. The refinishing is the most income-
producing part of our business and has shown continuous growth.
To best serve the public, we need a more defined separation of the
work shop area from the retail store area. The expansion would also
provide more protection for customer's furniture, as it would furnish
a clean, dry, uncrowded area until pick up or delivery.
We believe the extension will not be a
public interest and will not adversely
properties. We feel confident that it
and will enhance the area, as well as,
and renovate some of these deteriorati
increase property values.
detriment to the city or to
affect the value of adjacent
will have the opposite effect,
encourage others to purchase
ng older structures, thus
The addition would be compatible and consistent with typical exist-
ing Main Street commercial buildings such as LaPorte Hardware, Main
Properties, Hughes Office Supply, LaPorte Florist, the old Toogood's
building, just to name a few. We have large streets that can accomo-
date front and side parking typical of h4ain Street and adequate space
would be provided adjacent to the alley for convenient pick up and
delivery. The space requested to build on is not presently used for
parking and would not be conducive for that purpose.
Nieuwenhuis/Grounds"for the Request • Page 2
® Serious efforts are underway for re-development of this area as
referred to in Volume I of the City's Comprehensive Plan, page 1-74,
section 1.10 Redevelopment (attached). Being the older section of
the city, it has small lots and present zoning requirements designed
for new structures on larger lots are not compatible with the re-
development of an area with special needs. Parking has to be ad-
dressed and recent discussions between Planning and Zoning and the
Main Street Association lean toward acquiring existing vacant prop-
~erty~ to be converted into parking areas that would better serve
the public.
We take great pride in keeping our business beautiful and clean.
Not only have we improved the property located at 306 W. Main
with a new attractive front, renovated the building located at 301
W. Main that was scheduled to be demolished, but have recently pur-
chased the original LaPorte Post Office which now houses LaPorte
Upholstery and will give it a new and beautiful face lift. By
dying so, we hope to attract two nice businesses that will be up-
lifting and compatible with the area and lease the building to
them.
We devote all our open area to landscaping. We planted 150 tulip
bulbs this Spring in keeping with the Dutch character of our shop
and six trees for earth day.
Our efforts for the past six years have been recognized by others
in the city and county and their appreciation has been shown to
us through letters and awards. We feel we are in step with the
city's overall goals and plans to provide a better quality of life
for the City of LaPorte and are leaders in changes taking place to
accomplish these goals.
We hope that you will approve our request, as our intentions are
to continue in our efforts to enhance the area, increase property
values, and better serve the city and the public.
Attachments are provided as additional information for your con-
sideration.
Res ectfully submitted,
%~y ~~ '
G~~ (/
oe of and Judy Nieuw uis
~~~
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VOLUME I CITY OAPORTE'S COMPREHENSIVE PL~ 1-74
--
While not all of La Porte's residents will evacuate under
emergency conditions, it is assumed that population will
increase in areas more proximate to Houston and new thor-
oughfare construction and improvements will trail behind
as is currently the case. Consequently, thoroughfare
capacity ~in the future will become increasingly limited
in relationship to population trends. This implies that
La Porte will:
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- necessarily have to depend on the use of public shelters
as proposed in the Safety Plan,
- have an organized program for the evacuation of those
wishing to do so and a cage and assistance program for
those citizens wishing to remain in La Porte. .
1.10 Redevelopment
The City of La Porte, like ot~.er cities, has areas that are
in a deteriorated condition or in the process of deterioration.
~~lhile in the case of La Porte these areas are limited, they have
a negative effect on both surrounding areas and on the City's
overall image. It is a goal of the Comprehensive Plan to have
. these areas upgrade in quality.
In order to achieve this goal, two options are available to
the City of La Porte and its residents--the first is to recognize
the need for redeveloping these areas, designating them as such-
and establishing specific capital programs and investment incen
tives designed to improve the area's condition; the second is to
reshape the conditions in and surrounding these areas through the
concerted effort of improvements proposed by the Master Plan for
the City as a whole in order to create favorable conditions for
their upgrading through traditional development processes.
TumerCollie~Braden Inc
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VOLUME I CITY OF ~PORTE'S COMPREHENSIVE PLA~ 1-75
•
The basic difference between the two options is that under
a redevelopment effort the City must commit public effort and
economic resources specifically within the redevelopment area to
improvements in the hope that these will succeed in reversing
the existing trend and create the necessary environment for area
improvement. Under the second option, resources and public
effort are allocated to alI areas of the City evenly and each of
the Master Plan components establishes actions that will have
positive impacts on the areas of concern. Ultimately, the sum
of all these Citywide actions will create the necessary condi-
tions for the ordinary development process to improve conditions
• in the specific area of co:~cern.
After discussing these concepts with the Steering Committee
it was fe-lt that the second option is the most viable for~La
Porte, given past failures of redevelopment programs elsewhere in
the U.S., the City's economic resources, and the working tools
which the Comprehensive Plan would leave to the City, which were
felt to be sufficient to address the problem at this point.
1.11 Capital Improvement. Program
Table 17 summarizes the proposed Capital Improvement
Program, indicating probable costs for each of the Master Plan
components. The total probable cost of all the proposed Master
Plan actions considered to be the responsibility of the City of La
Porte is approximately $140 million. Of this total, the actions
,3
TurnerCollie c~Braden Inc ~ ~ ~ .
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~ ~ - ~ ~ ~ ~ You're IN ;The News
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Congratulations .. .
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You are in The News
and We~are
Proud of You
Norman L. Malone,
Mayor
Ci ty o f La Porte
Honorees
The La Porte Main Street ,Association honored Judy ;and Roelof
Nieu~venhuis with an appreciation placque at the association's June
meeting. The 5th annual Main Street Fair to be held in October will be
dedicated to Mr. and Mrs. Nieuwenhuis.
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.~1 ~1 F. •fl~.~'•.
.;.~=._
CHETBROOKS
STATE SENATOR
DEAN OF THE SENATE
CHAIRMAN:
HEALTH AND HUMAN SERVICES
VICE CHAIRMAN:
ADMINISTRATION
MEMBER:
EDUCATION
FINANCE
NOMINATIONS
RULES
PRESIDENT PRO TEMPORE (1972)
P'~ustim, ~rxus ZRT11
June 22, 1989
Mr. and htrs . Roelof Ni eutivenhui s
Roelof's Antique and Refinishing
306 West Main•Street
La Porte, Texas 77571
Dear Mr. and Mrs. Nieuwenhuis:
s
It was a genuine pleasure to be present to see you receive
the 1989 Business of The Year Award at SEED's 2nd Annual Business
Appreciation Dinner May 4.
It was good to be a part of this event recognizing the hard
work and significant accomplishments of the many businesses
that make Pasadena and East Harris County a great place to
live and work.
Whenever my staff or I can be of service in any way, just
let me know.
Sincerely,
Chet Brooks
CB:pc
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P1~
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Post Office Box 1562 Houston, Texas 77251 713/247-2200
~ ~` A ~~m ~ OFFICE OF THE MAYOR
Kathryn J. Whitmire, Mayor
!4ay 31, 1989
Roelof and Judy Nieuwenhuis
Roelof's Antique and Refinishing
306 W. Main Street
LaPorte, Texas 77571
Dear Mr. and Mrs. Nieuwenhuis:
Your selection for the South East Economic Development Council's (SEED)
1989 Business of the Year Award" is a tribute to you and welcome to those
of us who seek to promote greater economic vitality, success and opportunity
in the greater Houston area. Congratulations!
A You serve as a model and inspiration for others as we partner together for
prosperity and an excellent quality of life in Houston and in our friendly
surrounding communities.
Sincerely,
.~
thryn Wh tmire
KJW:ng
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June 12, 1989
CITY
PHONE 1713) 471-5020
Mr. & Mrs. Roelof Nieuwenhuis
Roelof's Antiques and Refinishing
301 W. Main St
La Porte, TX 77571
Dear Mr. & Mrs. Nieuwenhuis:
OF L
• P. O. Box 1115
FORTE
• LA PORT E. TExAS 77571
Congratulations on receiving the "La Porte Business of the Year"
award. I was present at the second annual Southeast Harris County
Economic Development Council Banquet and was overwhelmed with joy
for the both of you. You both earned the right to receive the
recognition associated with an award that represents positive
fortitude.
Congratulations on your continued success.
Sincerely your friend,
~~
Robert T. Herrera
City Manager
RTH/ltis
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F
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Otf icers
Dr. Tom Sewell
Chairman
John Moon, Sr.
First Viee Presldent
William L. H. Morgan, Jr.
Second Vice President
R. B. (Bob) Taylor
Secretary
Ernie Bartek
Treasurer
Ben F. Meador, Jr.
Past Chairman
Directors
John Albanese
Tom Alexander, Jr.
Jack Coe
A. C. Czigan
Robert J. Duncan
Marie Flickinger
James H. Jackson
Harley Jewell
Jim Kite
alt Lackey
etty Naegeli
Rudy Schubert
Wayne Slovacek
Donald G. Snyder
Julian R. Ward
Fred E. Westergren
L D. Wright
Jim Wyatt
Harris County
South
East
"Working Today for Tomorrow's Future"
May 17, 1989
Roelof and Judy Nieuwenhuis
Roelof's~Antique and Refinishing
306 W. !,lain ~ Street
LaPorte, Texas 77571
Dear Roelof and Judy,
Congratulations once~again~for being selected to
represent LaPorte as this years Business of the
year. Your committment to the success of your own
business as well as the community as a whole
deserves to be commended.
It teas our pleasure to honor you at the Second An-
nual Business Appreciation Dinner. Please accept
this picture as a token of our appreciation to you
and as a rememberence of a very successful year.
SEED looks forward to the coming year as being
prosporous for Roelof's Antique and Refinishing
and all South East Harris County.
'George R. Baylis Sincerely,
Executive Vice Presldent
•Terrie Drouillard ~~r
Admtntstrattve Assistant
George" R. Bay is
Executive Vice President
GBR/dm
enclosure
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4624 Fairmont Parkway • Suite 208 • Pasadena, Texas 77504-3323.713-487-5716.713-487-8309 FAX
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CQb1bIISSIONER
® 713.455-8104
(Northshore)
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ADAfINISTRATION BUILDING
1001 PRESTON, ROOTi 950
HOUSTON, TEXAS 77002
718-221-6220
July 21, 1987
•
Roelof Nieuwenhuis
305 West Ziair.
La Porte, Texas 77571
Dear Mr. Nieuwenhuis:
~Q4~,$ COG~~
Congraulations on becoming an American Citizen! It was a pleasure
to read your story in the Baytown Sun.
America has been called " The Lznd of Opportunity " which you have
proven by your determined efforts and hard work.
La Porte is indeed fortunate that you have choosen it to be your
home, and the place of your business.
We welcome your efforts in community activities, and commend you
for your involvement in the Main Street Fair.
I wish you and Judy happiness and continued success in all your
endeavors.
Sincerely,
'm Fonteno
ounty Commissioner
Harris County
Precinct Two
JF/eg
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• 1\TEWS AND NOTES
Roelof's has expanded in the last two years from their location at 306 W. Main, adding the building located at 30] W. Main.
They are now three-fourths of the way finished with the remodeling. Roelof's provides gift wrap and they now accept Ameri-
canExpress, Visa and Mastercard. Roelof's have received several honors recently including 1989 Business of the Year from
SEED; an appreciation award from the La Porte Main Street Association; a proclamation from the City of La Porte whereby
the 1989 Main Street Fair was dedicated to them. They are working on makinb their shop a Christmas attraction with lights
and displays of antique dolls, animated Christmas angel and European antiques. 1990 plans are to enlarge their refinishing
shop at 301 W. Man and remodel the inside of the 306 W. Main location. Shown below are their "before and after" pictures.
Happy Harbor Methodist Home has redecorated and is in the process of refurnishing their livingroom and diningroom.
Robyn Blackman, E.A., (B.S. in accounting) successfully completed the CPA exam in May,1989 and is looking forward to cer-
tification in the spring of 1.991. Robyn is employed by Kathleen Lemon, CPA. They also welcome back Wendy Meek, para-
professional, who has been recovering from an auto accident. Kathleen would like to thank Imogene Pulliene for her much
needed help during the iterim. Kathleen has successfully completed the fourth of six exams for Certified Financial Planning
and is currently enrolled in the fifth class, Retirement Planning and Empla~-ee Fringe Benefits.
Vee Groos and Jack Phillips of Laurel Industries look like they are having an interesting
conversation.
•
y,,.
The Mighty Bulldog Marching Band gets a hearty send-off. The band competed in Austin
Nov. 13 in the State Marching Competition.
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A Veteran's Oay Memorial Service was held at the La Pone High School football stadium
Nov. 10. Shown at the services are Lt. Cal. James Carlin (LPHS ROTC), Robert Williams
(LPISD Superintendent),•Lori Rickert (President Student Council), Gladys Roth (Common-
wealth Title, and Mary Ann Trainer (LPISD Trustee). ,
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SPECIAL EXCEPTION REQUEST #SE90-001
Requested For•
Location•
Zoning:
Requested Bv:
Requested Relief:
Roelof's
Lts 27 & 28 of Blk 39; Town of La Porte
which is further described as 301 West
Main Street. (See Exhibit A).
General Commercial (G.C.)
Roelof and Judy Nieuwenhuis, owners
A. Special exception as provided for
Section 11-605.2.6.3, to the si
coverage requirements of Sec. 6-5
1501). Exception would allow t
side setback adjacent to a public
reduced to zero feet and further
coverage of 40~ to be increased to
by Zoning Ordinance
de set-back and lot
00 Table B (Ordinance
he required ten-foot
right-of-way to be
allow the maximum lot
66~.
B. Special exception as provided for by Zoning Ordinance
Section 11-605.C, to waive the off-street parking
requirements of Section 10-609 (Ordinance 1501).
Background:
Roelof 's is a
combination retail antique/furniture refinishing shop which has
been located at 301 West Main for approximately 2 1/2 years. At
the time the building was purchased by the applicants, it was
being considered for demolition as a dangerous building. The
Nieuwenhuis! since acquiring the building have been actively
engaged in its renovation. To date the restoration and
remodeling which has taken place has primarily involved repairs
to the existing structure. Setback, lot coverage and parking
requirements have therefore, not been at issue.
The existing building occupies
feet or 38$ of the total lot area.
building is located on the property 1
2nd Street right-of-way boundary. Th
property line along this face of th
proposed by the Nieuwenhuis' would
(See Exhibit A). The proposed setback
foot setback requirement of Footnote
B.
approximately 2295 square
The eastern face of the
ine which is also the south
ere is no setback from the
e building. The addition
extend this building line.
is in conflict with the 10
#3 to Section 6-500, Table
•
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Page -2-
After completion of the proposed addition, the building would
occupy approximately 3987 square feet or, 66~ of the total lot
area. The addition would therefore exceed the maximum 90~
(General Commercial) lot coverage requirement of Section 6-500,
Table B.
Presently, there is'no on premise customer parking for this
building. The business depends on the parallel parking lanes
provided along Main Street and in the 100 Blocks of North and
South 2nd Streets. Construction of this addition will not
therefore result in the loss of parking spaces. It will however,
preclude the possibility of adding on premise parking as required
by Zoning Ordinance Section 10-605.C.
Side setback, lot coverage, and parking are the three issues
which the Board is being asked to consider for Special Exception.
Section 11-605.2 of the Zoning Ordinance states:
The term "special exception" shall mean a deviation
• from the requirements of the Zoning Ordinance,
• specifically enumerated herein, which shall be granted
only in the following instances, and then 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:
Paragraph b.3 of this
Exception may be granted "to
following circumstances:... A
Setback and lot coverage, as
be considered for Exception
paragraph.
section states that a Special
deviate yard requirements in the
yard exception on corner lots."
"yard issues," are both eligible to
under the provisions of this
Paragraph C of the same section allows an exception:
To waive or reduce off-street parking and loading
requirements when the Board finds the same are
unnecessary for the proposed use of the building or
structure for which the special exception request
applies.
Under the provisions of this paragraph, the applicant's
request to have off street parking requirements waived, can be
considered by the Board.
r~
® •
. - ,
• Page -3-
Mr. and Mrs. Nieuwenhuis have noted in their application
that the addition they are proposing is consistent in setback
with typical "old" Main Street buildings. Other corner buildings
with a zero side setback include La Porte Hardware, the Johnson
Hotel Building, the Old La Porte State Bank Building and Hugh's
Office Supply (See Exhibit B). As is the case with the above
mentioned buildings, there is a 10 foot wide public sidewalk
located between the applicant's building and the curb line of the
adjacent street. This sidewalk, in addition to serving as a
pedestrian way, provides the necessary separation between vehicle
traffic lanes and the building.
The 100 block of South 2nd Street is developed as a 4 lane
curb and gutter street. The inner 2 lanes are traffic lanes
while the outer 2 are devoted to parallel parking.
Preventing construction which could preclude future street
development or improvement is one of the primary reason for the
10 foot setback adjacent to public rights-of-way. The proposed
additions building line does not pose a hazard at this time and
it appears to be highly unlikely that this block of South 2nd
Street will be subject to any future street widenings.
~~ there is presently no off street on premise
parking available for this building. This is typical of the Main
Street commercial district. The lack of parking is offset by the
provisions made for parallel parking along Main Street and the
adjoining cross streets. Based on the approximately 1700 square
feet to be added to the building, 7 on premise parking spaces
would be required by Section 10-605. It does not appear that the
parking situation on Main Street will be greatly impacted should
the Board choose to grant an exception to Ordinance parking
requirements.
In determining whether or not to grant a Special Exception,
the Board must determine that the request will not "adversely
affect" neighboring properties or be "contrary to the "best
public interests." This determination must be based on
information received from the applicant and concerned citizens as
well as the Board's knowledge of the City, the Zoning Ordinance
and Comprehensive Plan.
Conclusion:
This request satisfied the prerequisites of Zoning Ordinance
• Section 11-605 and is therefore eligible to be considered for a
special exception.
~~
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•
r'i
S
Page -4-
Options:
I. Grant Special Exception as requested by
applicants.
II. Table request for further consideration at a
future date.
III. Deny Request
•
•
• CHARLES E. BATES •
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A P P L~ A L A 9 O - O O 2
:~~~~• ~' RE~Ef
u~„~,CE~VED
_ VED ® CITY OF LA PORTE
:-~-=;~ -; ~ 199U
~~N~~ ~ =7 ~Q~Q ZONING BOARD OF ADJUSTMENT
. CODE ~ENFORC~IVI~ APPEAL OF ENFORCEMENT OFFICER' S DECISION ~,;;~£ ENFORCEMENT
------------------------------------------------------------------ G z -
Application PIo.: ~. - Q
OFFICE USE ONLY: Date Received: ~ ZS
Applicant:
S~ ~
P H : T ~ ~u Z--'
Address
Owner*:
nor of the herein described property. I have authorized
~'C_ to.act on my behalf in this matter.
PH: TII~~zZ-
` ~ Nam
/v Address
I am appealing the decision regarding or the interpertation of
Sect. of the City Zoning Ordinance No. 1501. I am making
this appeal in regards ~ th property loc ted
Street Address Legal Description
• +I (i') 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 ~.
3 g ~ ~.
Da a App is 's Signature
-----------------------------------------------------------------------
OFFICE USE ONLY
Site Plan and Authorization (if applicable) attached? Yes ( ) No ( )
Date transmitted to the Board of Adjustments:
PQeeting Date: ~U/~~ Applicant PJotified of Date:
Board's Decision: Approved ( ) Denied ( )
- Notice of Board Decision mailed to Applicant/Owner:
~~' ~•
' • ® •
• ,
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 1•tATTER:
~~.1 0 ~..~.. -~w~.Y•,.•,.-,~•~ ~~•w-~ (~ ` ate. (~ n~ ~.•a~-~•,
• 'TYPE OF RELIEF BEING~SOUGHT:
~- . .
_~
GROUNDS FOR THE REQUEST:
.
i
u
•L
APPEAL OF THE ENFORCING OFFICERS DECISION A90-002
Requested For: Lts 1-10 & 21-30 of Blk 717; Town of La
Porte which is further described as 116
North 16th Street.
Zoning: General Commercial (G.C.)
Requested By: Pfeiffer & Son Inc., represented by
Lindsey Pfeiffer, President.
Decision Under Appeal: Rejection of a building permit based
upon failure to meet the 10 foot
sideyard setback required by Zoning
Ordinance Section 6-500, Table B,
Footnote #3.
Background:
Pfeiffer & Son Inc., is a electrical contracting company
with an office and shop complex located at 116 N. 16th Street.
Mr. Pfeiffer, on April 24, 1990, made application for a building
permit. The purpose of the permit is to allow a 10 foot by 46
foot addition to an existing storage building.
Block 717 is a "T" block. The side of the proposed addition
is to be located immediately adjacent to the "T" portion of the
alley. Footnote #3 of Zoning Ordinance Section 6-500, Table B
states: "All yards adjacent to a public right-of-way must be a
minimum of ten (10) feet."
Section 3-100 defines an alley as:
A public way which when at least twenty feet (20') in
width, may be used for vehicular service access to the
back or side of properties otherwise abutting on a
street or highway.
Based on the definition of an alley as a public way and the
lack of a 10 foot setback adjacent to the alley, the permit was
denied. Mr. Pfeiffer is appealing the decision to deny.
Section 11-609 sets the following guide line to be used by
the Board when considering an appeal.
In exercising the powers set forth in Section 11-603,
the Board of Adjustment may, in conformity with the
provisions of this Ordinance, reverse or affirm, wholly
or partly, or may modify the. order, requirement,
decision, or determination as ought to .be made, and to
that end shall have all the powers. of the enforcement
officer from whom the appeal is taken.
® •
.:
Page -2-
The Board must find the following in order to grant an
appeal.
a. That there is a reasonable difference of
interpretation as to the specific intent ~of the
zoning regulations or zoning map, provided the
interpretation of the enforcement officer is a
reasonable presumption and the Zoning Ordinance is
unreasonable.
b. That the resulting interpretation will not grant a
special privilege to one property inconsistent
with other properties or uses similarly situated.
c. The decision of the Board must be in the best
interest of the community and consistent with the
spirit and interest of the City's zoning laws and
the Comprehensive Plan of the City of La Porte.
Analys is
Based on the definition of an alley as a "public way", staff
made the proper decision in denying the requested permit. There
is however, a question regarding Zoning Ordinance intent. It is
the role of the Board to make a determinat,}'~on regarding Ordinance
intent. t ou d be not th staf$,Ywill a the a 's
decis on on •` is atter a a ge sh d silar sii tons
arise the futur
The question of intent centers on the present and intended
use of the alley. The primary reason for requiring a 10 foot
setback from a right-of-way is to insure adequate clearance
between a building and vehicle traffic lanes. The Zoning
Ordinance definition of an alley states that an alley which is at
least 20 feet in width may be used for vehicular traffic. In the
case of a 20 foot alley, it is clear that the 10 foot setback
requirement would be both applicable and reasonable.
The alley in question is not currently surfaced to be used
for vehicular traffic. It is only 16 feet wide and therefore
cannot in the future be developed for vehicle use. Based on this
information, testimony from the applicant and concerned citizens,
the Board must decide if the intent of the ordinance is to
require setback adjacent to all alleys or only these which are
or, can be, developed for vehicular traffic.
~ ~T
•
-,
Page -3-
Conclusion:
Staff observed Zoning Ordinance requirements and made the
proper decision by denying the applicant's building permit. In
deciding this appeal, the Board will not ~je_~ffirm;nQ ~~
overruling staff's decision so uch as they will be~clarifying an
a`r~'~of oning Ordinance intent
It should also be noted that a new fire hydrant will have to
be placed on 16th Street before any addition can be made to the
Pfeiffer's building. Fire protection is not an issue which can
be considered by the Board. It is only being mentioned here so
it may be noted that, a granting of this appeal (should that be
the Board's decision) will in no way set aside fire protection or
other requirements. All requirements of the City which have not
been specifically addressed in this appeal, will still be in full
effect.
ODtions•
•
I) Grant Appeal A90-001.
II) Table Appeal A90-001 for further discussion at a
future date.
III) Deny Appeal A90-001.
•
® •
~- --
• • :.•.. CITY OF LA PORTE
8L'•OCK SURVEY
oa 717 oR LA PORTE
ABSTRACT NQ ADDITION SUB~~V~~~ON ,
• }:
WEST POLK •~ ST.
Izs' Is' 12s'
M . I - 30
N 2 29
• 3 r 2B
5 26
H N W
a
• . 6 '~ 2 5
EXISTING BUILDING 24
S
F 8 ~ 23
~D
9 " !` ~\ 22
• ~ PROPOSED ADDITION \
N 10 2 I
F=- ~-° ALLEY
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33' 25' 25' 33'
266
WEST .':'•-
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EXHIBIT ~, ~~
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COUNT~~''YQQ RECOR/D~IN~G~
VOL..fl3~,» PG.'*VL-463
• ~UIL®IIVG ~ERIVIIT
' Jurisdiction of ~ S
~Ipplicant to comp/ete numbered spaces only. d
dos ADDR [SS //A ~/J^ u
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LOT NO. ~~ eLR TRACT
1 LEGAL
DESCR .. .. ............
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~3[[ ATTACN[D SHEET) ...~
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OWN .. .. .. .. ...... ... MAIL ADDRES! _. ....... . . .. ZZIP .. .PHONE .. .. ... .. ~
..- . .. NTRACroR -• .. -.. _. ...._ . ._ .. __..._.
MAIL woDRCSS ~
••••• PNON[
REGISTRATION NO. '~'
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• AR CNI TECT OR D[lI GN ER _ ..• .• ••• .• .••••---.•-•~ MAIL AODRE93• ••-•-• ••• •• •••••• PHONE ••• ~ •-•~ REGISTRATION NO. •-" •'•'--• -•-~ -i
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EN6INELR _ ...... ... ....._.. _ _ ._... .... _ .. MAIL woDREes•••••••-~ •--•-••• ~• PNDNC ••• ~ ~ ••REGISTRATIONNO. •' "-
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LENDER. ._.__ __.. _~ ._. _._-.. _.__. MAIL ADDR [a3 -.•.._..~ .... .. ._._.. ..._~.. .. .. ._ .._____. .. . eRANCN .• -•. .. •_
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..._ ... _ ........
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7 :
8 Class of work: ^ NEW ADDITION ^ ALTERATION ^ REPAIR ^ MOVE ^ REMOVE !
~.
9 ._. _. .....__.
Describe work: _; _. .__. _...... ... ... ._.__L_..._.._.. ...----.... ..
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10 Valuation of work: $ ~~ /~~' ~ e PLAN CHECK FEE
5P L ONDITIONS: ~.J V
Type or
•Q J' /h. ~ /S/t.!!77/tea v s..% ~~ r P Const.
it ~
APPLIGA 710N ACCEPTED aV. vLgNS CHECKED aT: APPROVED F 1 DANCE ne
• No. of
Dwelling Units
N O T I C E ~ Special Approval
SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL, PLUMB- ZONING
• LNG, HEATING, VENTILATING OR AIR CONDITIONING.
THIS PERMIT BECOMES NULL AND VOID IF WORK OR CON- HEALTH DEPT.
.• STRUCTION AUTHORIZED IS NOT COMMENCED WITHIN B 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 (speciry)
1 HEREBY CERTIFY THAT 1 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 NOT, THE GRANTING OF A PERMIT DOES NOT
PRESUME TO ~IVE AUTHORITY TO VIOLATE OR CANCEL THE'
PROVISIONS O ANV OTHER STATE OR LOCAL LAW REGULATING
CONSTRUCTION OR THE PERFORMANCE OF CONSTRUCTION.
ZED AG[NT
PERMIT FEE
Occupancy
Group •
Dlvlsion
No. or
stories Max.
Occ. Load •• '
Use
Zone Fire Sprinklers
Required ^Yes ^NO
OFFSTREET PARKING SPACES:
Covered Uncovered ~ ~ - .•~' `• •
Required Received Not Required
O
SIGNAT RE O OWN it OWNER eU IL D[R (DATEI •
WHEN PROPERLY ALIOATED fIN THIS SPACE) THIS IS YOUR PERMIT
PLAN CHECK VALIDATION cK. M.O. CASH PERMIT VALIDATION cK. M.o. CASH
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..~ EXHIBIT. ~; ~ ~ '