HomeMy WebLinkAbout05-10-1990 Public Hearing and Regular Meeting• •
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M.I".NUTES CAF MAY Z O O 1 9 9 0
BC~ARL7 GAF AZ7JUS3'MEN3'
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Members Present:
Members Absent:
LA PORTE BOARD OF AD,7USTMEAIT
MINUTES OF
MAY 10, 1990
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Debora h Bernay, Jody Seeger, Willie
Walker, Charles Christensen, Steve Hines
All Present
City Staff Present: Director of Community Development Joel
H. Albrecht, Chief Building Official
Ervin J. Griffith, and City Attorney
Knox Askins
Others Present: Lindsey Pfeiffer representing Pfeiffer
and Sons and Roelof and Judy Nieuwenhuis
representing Roelof's
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 MAY 10, 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.
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3) CONSIDER APPEAL TO THE OFFICER'S DECISION #A90-002.
APPEALS THE CITY'S DECISION TO DENY A BUILDING PERMIT
BASED ON FAILURE TO MEET THE 10 FOOT SIDE SETBACK
REQUIREMENTS OF ZONING ORDINANCE SECTION 6-500, TABLE
B, FOOTNOTE #3, PERMIT WAS REQUESTED FOR LOTS 1-10 &
21-30 OF BLK 10; TOWN OF LA PORTE WHICH IS FURTHER
DESCRIBED AS 116 NORTH 16TH.
Joel Albrecht presented the staff's report on the
Enforcing Officer's Decision #A90-002. The applicant
on behalf of Pfeiffer & Sons is Lindsey Pfeiffer who is
appealing the decision regarding Zoning Ordinance
Section 6-500, Table B, Footnote #3. The basis of this
appeal is the rejection of a building permit based upon
failure to meet the ten (10) foot sideyard setback.
.The purpose of this permit is to allow a ten (10) foot
by forty six (46) foot addition to an existing storage
building to~be located on lots 1-10 and 21-30 of blocks
717, Town of La Porte. Block 717 is a "T" bloc•k•and
~~ the site of the proposed addition is to be located
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Board of Adjustment
Minutes of May 10, 1990
Page 2 o f 4
4)
e "T" portion of the alley.
Ordinance Section 6-500,
adjacent to a public right-
f ten (10) feet." An alley
which when at least twenty
(20) feet 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 ten (10) foot setback adjacent to the alley, the
permit was denied. There is a question regarding
Zoning Ordinance intent. This intent centers on the
present and intended use of the alley. The main reason
for requiring a ten (10) foot setback is to insure
adequate clearance between a building and vehicular
traffic lane. The Zoning Ordinance definition of an
alley states that an alley which is at least twenty
(20) feet in width may be used for vehicular traffic.
In the case of a twenty (20) foot alley, it is clear
that the ten (10) foot setback requirement would be
both applicable and reasonable.
immediately adjacent to th
Footnote #3 of the Zoning
Table B states: "All yards
of-way must be a minimum o
is defined as a public way
Dr. Bernay swore in Mr. Lindsey Pfeiffer. Mr. Pfeiffer
stated he wanted to be allowed to use the property up
to the property line. He told the Board this best
utilized the use of the property and the setback does
not help the City because additional footage in working
space in the alley is not available due to existing
fence and concrete slab. Also, any improvements on
property corner lot will completely be hidden by
building from the public view.
CALL FOR VOTE TO APPROVE OR DISAPPROVE THE ENFORCING
OFFICER'S DECISION #A90-002.
Charles Christensen made a
and the motion was seconded
was unanimously approved.
motion to grant the appeal
by Steve Hines. The appeal
5) CONSIDER SPECIAL EXCEPTION REQUEST #SE90-001. SPECIAL
EXCEPTION IS REQUESTED `PO THE 10 FOOT SETBACK
REQUIREMENTS AND 90~ MAXIMUM LOT COVERAGE REQUIREMENTS
OF ZONING ORDINANCE SECTION 6-500, TABLE B. SPECIAL
EXCEPTION IS ALSO REQUESTED TO THE OFF STREET PARKING
.REQUIREMENTS OF ZONING ORDINANCE SECTION 10-600.
EXCEPTION IS REQUESTED FOR LTS 27 & 2<g~OF BLK 39; TOWN
OF LA PORTE WHICH IS FURTHER DESCRIBED AS 301 WES'P MAIN
STREET.
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Board of Adjustment
Minutes of May 10, 1990
Page 3 of 4
CJ
Joel Albrecht presented the staff's report on the
Special Exception Request #SE90-001. The applicant on
behalf of Roelof 's is Judy Nieuwenhuis, owner. The
Nieuwenhuis are requesting a special exception which
would allow the required ten (10) foot side setback
adjacent to a public right-of-way to be reduced to zero
feet and further allow the maximum lot coverage of 40~
to be increased to 660. The existing building occupies
approximately 2,295 square feet or 38~ of the total lot
area. The eastern face of the building is located on
the property line which is the south 2nd street R-O-W
boundary. There is no setback from the property line
along the face of the building. The proposed addition
would extend this building line. The proposed setback
is in conflict with the ten (10) foot setback
requirement of Footnote #3 to Section 6-500, Table B.
Paragraph b.3 of the Zoning Ordinance Section 11-605.2
states a Special Exception may be granted "to deviate
yard requirements in the following circumstances:. .
A yard exception on corner lots." Setback and lot
coverage, as "yard issues," are both eligible to be
considered for Exception under the provisions of this
paragraph. Under the provisions of this paragraph, the
applicant's request to have off street parking waived,
can be considered by the Board.
This request satisfied the pre-requisites of Zoning
Ordinance Section 11-605 and is therefore eligible to
be considered for a special exception.
Dr.~ Bernay swore in Judy Nieuwenhuis who is
representing Roelof's. Mrs. Nieuwenhuis stated to the
Board they wished to add on to existing Main Street
commercial building in a manner which is consistent
with typical existing Main Street r_ommercial buildings.
This would include side setbacks typical of Main Street
development, lot coverage typir_al of Main Street and
parking arrangements typical of Main Street. Mrs.
Nieuwenhuis also told the Board they were requesting a
reduced side yard setback adjacent to South 2nd Street
to zero (0) feet, increasing allowable lot coverage to
66~ and also to waive off street parking requirements.
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Board of Adjustment
Minutes of May 10, 1990
Page 4 of 4
6) CALL FOR VOTE TO APPROVE OR DISAPPROVE SPECIAL
EXCEPTION REQUEST #SE90-001.
Jody Seeger made a motion to grant the request and
motion was seconded by Steve Hines. The Special
Exception was unanimously approved.
7) ADJOURNMENT
There being no further business, the -neeting was
adjourned at 7:30 P. M.
Respectfully submitted,
Cheryl Stout, Secretary
Code Enforcement
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Minutes approved on the
day of
1990.
Deborah Bernay, Chairman
Board of Adjustment OS-10-90
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.S P` E ~" ~ A L
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CI
E X G" E 1~--' T I ~ N
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. RE~EIVE~
~~ '~ ~ CITY OF LA PORTE •
.. ~+~v ~ 7 1990
" ZONING BOARD OF ADJUSTMENT
APPEAL OF ENFORCEMENT OFFICER'S DECISIOI~OOE ENFORCEMENT
® --------------------------------------------Application r1o------_------
OFFICE USE ONLY: Date Received:
-----------------------------------------------------------------------
Applicant: T}~KF NARRTC & SONS
Name
632 S. 16TH STREET LAPORTE, TEXAS 77571pH: 471-0214
Address
I am the owner of the herein described property. I have authorized
to act on my behalf in this matter.
Owner: uF 13AR$•TC &, cn~c _
Name
F,~7 S_ 16TU STREET T,,AP(~RTR, TF,}{j~ PH: 471-0214
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 to the property located
at 632' S 16TH STRF.F.T T.APnRTR' TEXAS 7'171
Street Address Legal Description
( ) Site Plan ( ) Minor Development Site Plan
( ) Major Development Site Plan ( ) General Plan
A Site Plan of the property is attached. Also, I have listed the
information requested below on the following pages of this form.
a) 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 du_~ provide thorizatio to act
on the Owner's behalf. ~ y
Date ica t s Signature
OFFICE USE ONLY
Site Plan and Authorization (if applicable) attached? Yes (/) No ( )
Date transmitted to the Board of Adjustments: / Z - Jr - 90
t4eeting Date: /Q '/3'90 Applicant ;lotified of Date: /2-5-90
Board's Decision: Approved ( ) Denied ( )
• Notice of Board Decision mailed to Applicant/Owner:
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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
Adjustruents 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 rnet on abutting pieces of property.
(b) Exception to rear yard setbacks if any four (4) 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 ApplicantTs 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:
#I ,THI,S.._I.S_L.QDTCF~.R.AT?.NGr TNF__~,! _~~ _.B~,~.._.~211L.IrI.GHZ._INAIISTRIAZ _PR-O-P~R~~-
#II REQUIRED PARKING SPACES __._.._.__. __.___. .__._ _._._ _ _......._......_..... _.
~. f ~: .
t ® •
t
.. ' i
~, PAGF. 3
® BEING SOUGHT: ^
TYPE OF RELIEF
# I . ! WE_ ARE _ASF~~,ALQ OF R _A__ R_EL~E._E:DR.._THE_,R.E~LJ.~~E~l•~~T---B•AGE_--
TO ~~~_._S.nt._LIFII.~~.1Q._~------•--
^~_ I I .___,_._._ PROVIDING. AMPI~, ~._P~,F~.Z,lyG_ 1S.P.a.CE~ ._F.QS_..EMPLOYEES_._._._.__._._._._._._~
__._ PROSPECTIVE, CUSTOMERS_A1Vp. S~j~PLIE$_.~.P..RFC.Fyl1T.T1..V.,E~_.__._._._._._.
THE GROUNDS FOR THE RERUEST:
• #_ I-^,-_ WE HAVE AN EXISTING_ SIDE SET BACK_OF-_9.! _._,_. AT_.THE,_.TIME .OF
CONSTRUCTION _OF_ OUR MAIN BUILDING.L_-THE~SET BACK RESTRI.CTIQIV
WAS 5' _~IF WE ARE_REQUIRED TO_OFF__SET THE NEW BLDG BY 1!_~_
_._______WE WILL BE DEFACING_THE_APPEARANCE OF THE' TWO _BUILDINGS._.__,
# II BEING A FAB SHOP WE HAVE A SMALL NUMBER OF EMPLOYEES COMPARED
TO SQ . FOOTAGE . WE HAVE_ A VERY LOW WALK IN CLINENTAL . _._. OUR'
--.-.---.__._._. MAJ.Q.$_..~J_4~_~.._.INA.LIS_TRIAI~...... TH.E.REFII&.E_.JnIE._.HAV_E._.A19-•-~R~EA~ ~-DiEE.I2._EOR
!..__, CUSTOMER PARKING_AS THE CUSTOMERS_~j;E._.SF.EN._.BY..APP.IIIN-T.MErLZ
ONLY _.-_- __._._._____ ___._..___.
CED/1-'87
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Special E:~ception #SE90-002
Reauested Bv'
Requested For•
Legal Description:
Zoning:
Mr. A. B. "Jake" Harris
Jake Harris & Sons which is located at
632 South 16th Street (See Exhibit A)
Lts 12-21 and adiacent 16 foot alley;
Blk 824; Township of La Porte (See
Exhibit B)
Light Industrial (L.I.) (See Exhibit A)
Reauested Exception: 1. Special Exception to the te.n-foot
(L.I.) sideyard setback requirement
of Section 7-600, Table B
(Industrial) of Ordinance 1501 as
provided for by Section 11-
605.1.B.3 of Ordinance 1501.
Backaround•
2. Special Exception to the off-
street parking requirements of
Section 10-609, Ordinance 1501 as
provided for' by Section 11-605.2.C
of Ordinance 1501.
Jake Harris & Sons is an existing industrial establishment
located on South 16th Street. The primary activity of this
business is fabrication of structural steel (S.I.C. #3441). This
is a permitted activity in the L. I. Zone in which the facility
is located (Exhibit A).
The original building (#1) on the site is located
approximately twenty one (21) feet from the front property line.
To the South, abutting the West "F" Street right-of-way
(undeveloped). The setback is nine (9) feet (See Exhibit B).
Both of these setbacks complied with zoning regulations in force
at the time of the building's construction. The setbacks from
the side (north) and rear property lines will not be an issue in
regards to this request.
In late 1986, Jake Harris expanded its facility with the
addition of an approximately 4,850 square foot storage building
(#2). In order to comply with the parking requirements of the
Zoning Ordinance then in force (#780), eight (8) parking spaces
were dedicated (See Exhibit B). While dedicated, they were
apparently never developed and are not currently used as a
parking area.'
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The company is now proposing to cunstruct an approximately
8,762 square foot building addition (building #3) that will be
connected to both existing buildings on the site. The south side
setback is proposed to extend the side wall line of building #l.
This would maintain the present nine (9) foot side setback. The
side setback required by the City's current Zoning Ordinance
(#1501) in Light Industrial Zones is ten (10) feet. The addition
as proposed will also effectively cover the area dedicated for
parking after the last addition.
The applicants are requesting exceptions to the L. I. side
setback requirements and to the on-premise parking requirements.
Analysis•
Zoninq Ordinance Section 11-6605 states:
The term "special exception" shall mean a
.deviation from the requirements of the Zoning
Ordinance...which shall be granted...only
when the Board [of Adjustments] 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.
Among the exceptions which the Board is empowered to grant,
the following two apply to this request:
Section 11.605.2.B.3: A yard exception on corner lots.
Section 11-605.2.C: 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.
As noted on Exhibit B, southern setback of the proposed
addition is to match the nine (9) foot side setback of building
#1. As the facility is situated on a corner property (South 16th
& West "F" Streets), it is eligible to be considered for an
exception of this type.
Exhibit C also indicates that eight (8) parking spaces will
be eliminated from this property if the addition is constructed
as proposed. While Section 11-605 allows a special exception for
on-premise parking requirements, the following factors must be
considered.
Page -3-
The Zoning Ordinance Parking Table
parking for manufacturing facilities to
A minimum of four (4) spaces plus three
and one (1) per 1.5 employees. Assuming
of employees, twenty six (26) additional
required for this addition.
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(Section 10-609) requires
be provided as follows:
(3) per 1,000 square feet
no change to the number
parking spaces would be
Presently, excluding the eight (8) unused parking spaces in
question, there is an area in front of building #1 large enough
to accommodate 6 to 8 vehicles. A large overhead door in the
front of the building precludes additional parking on this face.
Additionally, while the twenty one (21) foot front setback allows
vehicles to be parked on premises, vehicle maneuvering must be
done on the 16th Street right-of-way. The applicant, to the best
of the City's knowledge, is not proposing to develop any
additional parking to facilitate this addition.
Conclusion:
In making its determination as to whether or not granting
this request will adversely affect neighboring properties or be
contrary to the best public interest, the Board should consider
the above factors as well as the following question: Are the
parking arrangements far the facility currently adequate anal will
they remain so if the addition is constructed as proposed? The
answser to this question will determine the projects impact on
neighboring properties and public interest.
Options•
1. Approve Special Exception SE90-002 as requested.
2. Deny Special Exception SE90-002
3. Table request for further consideration at a future
date.
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Finally, should anyone wish to appeal the Board's decision
regarding this natter, Zoning Ordinance section states:
Any person or persons, jointly or severally,
aggrieved by any decision of the Board of
Adjustment, or any .taxpayer, or any officer,
department, board, or bureau of the City of
La Porte may present to a court of record a
petition for a writ of certiorari, as
provided by Vernon's Texas Codes Annotated,
Local Government Code, Section 211.011, duly
verified, setting forth that such decision is
. illegal, in whole or in part, specifying the
grounds of the illegality. Such petition
shall be presented to the court within ten
(10) days after the filing of the decision in
. the office of the Board of Adjustment.
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RECEIVED
® ~
~!nv 0 7 1990
-' *~ ~ U 0 L ®0 N G P E R 11/I I T
CODE ENFORCEMENT
a D
Jurisdiction of ~ '
D
a
Applicant io comp/ete numbered spaces only.
Y
JOB ADDR ESS \^
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/~~
~~
/
.
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LEGAL
1 DESCR. LOT NO.
Iyy ~/1
~~ a /~/~O BLK
~/[~
P~~ TRACT
/ - / y/' / rn / (~3CE ATTACHED SN[ET)
C~ /r' /V Q/ [-.A/ (~F'TG
OWNER MAIL ADDRESS ZIP PHONE
z A ~ ,~4 G 2 Sp~~ i6
CON TR AC 70R MAIL ADDRESS PHONE REGISTRATION NO.
3
L ~~/l, ~
'
AR CNITECT OR DESIGNER MAIL ADDRESS- PHONE REGISTRATION NO.
4
ENGINEER MAIL ADDRESS PHONE REGISTRATION NO.
5
LENDER MAIL ADDRESS BRANCH ,
6
USE Oi BUILOIN6 --
7
8 Class of work: ^ NEW ~ ADDITION ^ ALTERATION G REPAIR O MOVE ~ REMOVE
.. ~ -
9 Describe work: _ fir. •~~->" '~
.. %r !~ e
•~ ~ ~
sr ,~.o'
:4 ~ `. ~ •^
ty
10 Valuation of work: $
PLAN CHECK FEE PERMIT FEE
SPECIAL CONDITIONS:
Type of
Occupancy
Const. ' V Group ~ Division
Size of Bldg. No. of Max.
(Total) Sq. Ft. 0O Stories ~ Occ. Load
Fire Use Fire Sprinklers
APPLICATION ACCEPTED By I'LAN5 CHECKED BY. APPROVED FOR ISSUANCE ev Zone ~/j¢ ZOne ~L / RBq Dired ~Ves ^NO
No. of
Dwelling Units O OFFSTREET PARKING SPACES:
Covered Uncovered
NOTICE Special Approvals Required Received Not Required
SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL, PLUMB- zoNING
ING, HEATING, VENTILATING OR AIR CONDITIONING.
THIS PERMIT BECOMES NULL AND VOID IF WORK OR CON- HEALTH DEPT.
STRUCTION AUTHORIZED IS NOT COMMENCED WITHIN f) 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 (Speclty)
I HEREBY C.ERTIFV THAT I HAVE READ AND EXAMINED THIS
APPLICATION AND KNOW THE SAME TO BE TRUE ANO CORRECT
.
ALL PROVISIONS OF LAWS AND ORDINANCES GOVERNING THIS
TYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED
HEREIN OR NOT, T/iE GRANTING OF A PERMIT DOES NOT
PRESUME TO Cy1VE AUTHORITY TO VIOLATE OR CANCEL THE
PROVISIONS OF ANV OTHER STATE OR LOCAL LAW REGULATING
CONSTRUCTION OR THE PERFORMANCE OF CONSTRUCTION
.
SIGNATURE Oi CONTRACTOR OR AU TNORIZED AGENT IOA TE)
WHEN PROPERLY•VALIDATED (IN THIS SPACE) THIS IS YOUR PERMIT
PLAN CHECK VALIDATION CK. M.O. CASH PERMIT VALIDATION cK. M.o. cASH
A-t
a
•
.APPEAL C>F:
ENFG~RC.ING OF~'2CER~S L7EGISIG~N
AP~'EAL #90-003
L~ELIA CLAUS
i
Request:
•
APPEAL OF ENFORCEMENT OFFICER'S DECISION
#A90-003
Requested For:
808 South 2nd Street
(See Exhibit A)
Leqal Description: Lots 24-26; Block 54; La Porte Tract
Zoninq Classification: R-1, low Density Residential
Requested By:
Backctround
Mrs. Delia Claus
808 South 2nd Street is a single family home located in an
R-1 Zone. There was a front yard carport on the property, for
several years prior to Hurricane Alicia. The hurricane, in 1983,
damaged the top section of the carport. The upright poles are
the only portion of the carport still remaining.
At the time of the hurricane, the City's zoning regulations
were governed by Ordinance No. 780. Ordinance No. 780 in
Sections 11-103(4) and 11-105 made provisions for replacement of
'a destroyed non-conforming use if reconstruction was completed
within one (1) year of destruction (See Exhibit B). No permit
applications were filed within the one (1) year period following
the hurricane.
On July 6, 1987 (after the adoption of Zoning Ordinance No.
1501), Mr. Claus applied for a building permit to rebuild the
carport (See Exhibit C). This permit was denied by the Building
Official, David Paulissen.
After having their permit denied, the applicants contacted
the City Manager's Office. City Manager, Bob Herrera replied in
a letter dated July 10, 1987 (See Exhibit D). In this letter,
Mr. Herrera advised the Clauses of their right to appeal the
Building Official's denial before the Zoning Board of Adjustment,
if the appeal was requested within thirty (30) days of the permit
denial. No appeal was filed.
Following the expiration of the thirty (30) day appeal
period, Mr. Paulissen was again contacted by Mrs. Claus. he
replied by letter. This letter, dated August 2.0, 1988, advised
Mrs. Claus of her right to request a variance to allow the
reconstruction of her carport (See Exhibit B). No variance
request was filed.
r
• Page -2-
On August 18, 1988, Mrs. Claus once again applied for a
building permit for reconstruction of her carport (See Exhibit
F). This permit was denied by City Building Official Ervin
Griffith.
On August 29, 1988, Mrs. Claus filed an appeal of Mr.
Griffith's decision.
The Board of Adjustment held a public hearing on Mrs. Claus'
request on (November 11, 1988. Based on the testimony given, the
request was denied.
On May 30, 1990, Mrs. Claus once again applied for a
building permit for reconstruction of her carport (See Exhibit
G). This permit was denied by City Building Official, Ervin J.
Griffith. Mr. Griffiths' decision to deny the building permit is
being appealed with this request.
Analysis:
As indicated on Exhibit A, Mrs. Claus' house was built on
the twenty five foot (25) foot front building line mandated by
City Ordinance. The carport indicated on the exhibit was non-
conforming due to the face ghat it extended beyond this line.
(Exhibit A was prepared from an aerial photograph taken in 1980,
prior to Hurricane Alicia).
Section 4-201(3) of City Zoning ordinance states that a non-
conforming structure damaged in excess of fifty percent (50~) of
its value may not be reconstructed except by a special exception,
to be granted by the Zoning Board of Adjustment. Section 9-
201(3) also states that a determination of the degree of
destruction shall be determined by a licensed appraiser with the
property owner having the burden of proving (as per Section 4-201
(4)) that the structure has not been damaged in excess of fifty
percent (50$).
Section 4-201(7) states that a non-conforming structure if
abandoned for a period of one hundred eighty (180) or more days
loses its right to continue. In Staff's opinion, failure to make
application to rebuild a damaged non-conforming structure within
one hundred eighty (180) days constitutes abandonment.
As noted in the background section of
application for reconstruction of this
within the one (1) year period following
applicant, by failure to make applicani
forfeited her right (under Ordinance No.
structure.
this report, no permit
carport was submitted
its destruction. The
~n within this period,
780) to rebuild this
. ~ •
J
Page -3-
Further., the applicant has failed, as required by Ordinance
No. 1501, to prove that the destruction of this carport
constitutes damage of less than fifty percent (50~) of its value.
Finally, the six (6) years that have passed since the
destruction of this carport, constitutes abandonment in excess of
one hundred and eighty (180) days.
Conclusion•
This structure has been damaged in excess of fifty percent
(50~) of its value and has been abandoned in excess of one
hundred and. eighty (180) days. It therefore, cannot be
reconstructed.
~1
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TOPOGRAPHIC MAP . DCH IBI'i' A ~ - •~ - ~ ~~
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v. ~. ~; ~.: vL: 1, u ~. :wl l: vv11 b~ U1 LLB: V1C. l:J ~.:ilU a:111. 1:lial ut; .
' 10-602 In F t rds. Ore-story bay vrindow~onics, and ovcr-
hangs es or gutters, none of whi s 1 project rtore than
four (4) feet into the required yards.
10-603 In Side Yards. Overhanging eaves or gutters projecting three
® 3 feet or less into the required yards, but in no case shall
eaves or gutters be closer than one (1) foot to the side lot
line; and enclosed, attached, or detached off-street parking
structures vrhen accessory to apartment projects. '
10-604 In Rear Yards. Enclosed, attached, or detached off-street park-
ing structures; open off-street parking spaces; servants' quarters;
accessory sheds, tool rooms, and similar buildings or structures
for domestic or agricultural storage; balconies; breezevrays and
open porches; one-story bay windows; and overhanging caves or
gutters. .
i:RTICLE ELEVEN: NONCONFORMING USES
SECTION 11-100 NONCONFORMING USES .:RE REGUL.-TED
11-101 :. nonconforming use is a use which was lawfully established and
maintained at the time of the passage of this Ordinance but vrhich,
because of the application of this Zoning Ordinance to it, no
- longer conforas to the use regulations of the Zoning District in
vrhich it is located as defined by this Ordinance. ~- nonconforming
. building or a nonconforming portion of a building shall be deemed
to constitute a nonconforming use of the land upon which it is
located.
• 11-102 - The use of a lot of record which is nonconforring because of size
shall be regulated by Subsection 9-104.
11-103 •Nonconforming uses are regulated as follows:
(1) They nay be continued.
(2) They maybe expanded or structurally altered, as hereinafter
providcd,~unless located in District "R-1" Single Family and
Duplex Residential District. .: nonconforming use in District
"R-1" Single Family and Duplex Residential District, which
is a permitted use in District "C" or a nonconforming use in
District "C" which othorwisc is a lawfully established•usc,
.c~1Y be enlarged or changed by horizontal expansion upon but
~~-~ not beyond the tract or lot of record upon which located as
of.thc date such a use becomes nonconforming; l:.nd any enlargc-
ment or expansion shall not encroach upon any open space upon
such lot that would be required as a yard if the use were a
. conforming use in the district in which located.
(3) Thcy shill not be enlarged or expanded vertically except
for the addition of cooling, heating, exhaust, ventilating
appurtenances or flcilities.
. ~ (4) If a nonconforming use or structure is damaged or destroyed
• to an extent of more than sixty (60~) per cent of its fair
-12-
EXHiBl~' B
• ~ ~ g ~ r ®_ ...
market value by fire, explosion, act of God, or the public
enemy, then any restoration .or new construction shall be~~
for a permitted or conforming use, except that if the lot
upon vrhich such damaged or destroyed nonconforming use eras
located is adjacent on both side lot lines to lots each
occupied by a nonconforming use at the time a building
permit is requested for ,restoration or new construction,
then such zoning permit may be granted, provided that there
shall be no open storage upon the premises, that there is
compliance with the yard requirements for permitted uses in
the district in which the use is to be located.
CS) The computing of the percentage of damage or destruction to
a nonconforming use composed of a group of individual
structures rrhich are principal buildings shall be based on
the fair market value of the entire development comprising
the group and not the individual structure.
11-104 .: nonconforming use may be changed to another use of the same
or a more restrictive district subject to the other regulations of
this Ordinance. If a nonconforming use is changed to a use per-
sitted in a more restrictive district or to a conforming use, it
shall not be changed back to a use of the original less restrictive
district. .
® 11-105 If a nonconforming use of any structure or premises is discon-
tinued for a period of one (1) year, the use of the same shall
thereafter conform-to the requirements of the district in which
. it is located. The Board of t'idjustment shall have the power to
grant an extension not to exceed six (6) calendar months when
.crarranted to evidence presented.
11-106 Special uses (Article Sixteen) existing in a permitted district
at the time of adoption of this Ordinance may. expand «ithout a
. special permit upon the lot of record upon which it is located.
11-10~ No accessory use shall be construed to permit the keeping of
. articles, goods, or materials in the open or exposed to the pub-
lic view. tiYhen necessary to store or keep such materials in
the open, the storage area shall be enclosed by a solid fence at
least six (6) feet in height.
ARTICLE TI'lELVE: COMPLI::NCE
SECTION 1Z-100 COMPLI::NCE WITH THE REG(JL~-TIONS Except as hereinafter
provided:
12-101 fitted in the dis-
• ~ ~ 12-102 ; ,_~, ed, reconstructed,
. ~ s_"~~~$~ ~ wilding be used
~hich such building
12-103 No building shall be erected, converted, enlarged, reconstructed,
or structurally altered to exceed the heir:ht limit herein established
t
•
•
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(Applicant to complete numbered spaces only. ~`~'®1 "
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DWNtw MAIL ADDwE3w
`• 210 PNON[
CON7wAC TOw MAIL ADDNE75
3 ~ PNON[ REGISTRATIONN
,
AR CNIT[CT ON DLSIGN LA MAIL ADDR Eel
4 PNON[ REGISTRATION NO.
MAIL woDRESS
LMGIN[Lw
5
PNON[
REGISTRATION NO.
LEND[R MAIL ADDw[33
6 eIIANCN
YS[ O- eLILDIN6 T
7
8 Class of work: ^ NEW ^ ADDITION ^ ALTERATION ~j1-R'1 PAIR ^ MOVE ^ REMOVE
9 Describe work:
r
10 Valuation of work: $ PLAN CHECK FEE PERMIT FEE
SPE ONDITI NS: Type of Occupancy
~ Const. Group Division
•Yr1. Size o} EIId9• Na. of Max.
C ~ _
Q /UT (Total) Sq. Ft. Stories Occ. Load
/
/(J ~'T'L Lo k)ti "'~ Fire Use Fire Sprinklers
APPLICATION ACCEPTED er. oLAnS CNECICED ev: APP E ORI uAN a Zone Zone Required ^Ves ^NO
7 ~~ ~ NQ of
Dwelling Units OFFSTREET PARKING SPACES:
Covered Uncovered
• 'NOTICE Special Approvals Required Received Not Required
SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL, PLUMB- zoNING
ING, HEATING, VENTILATING OR AIR CONDITIONING. HEALTH DEPT.
THIS PERMIT BECOMES NULL AND VOID IF WORK OR CON-
STRUCTION AUTHORIZED IS NOT COMMENCED WITHIN G
FIRE DEPT.
MONTHS, OR IF CONSTRUCTION OR WORK IS SUSPENDED OR SOIL REPORT
ABANDONED FOR A PERIOD OF 6 MONTHS AT ANY TIME AFTER
WORK IS COMMENCED
OTHER (Specify)
.
1 HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS
APPLICATION AND KNOW THE SAME TO EIE TRUE AND CORRECT.
ALL PROVISIONS OF LAWS AND ORDINANCES GOVERNING THIS
TYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED
HEREIN OR N,OT, 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
C STRUCTION OR THE PERFORMANCE OF CONSTRUCTION.
SI NATUw[ OI CON A TO UTNOwlttO A6[NT OAT[I
r nwr[w eu IL D[wl ~ OAT[) ,
WHEN PROPERLY VALIDATED IIN THIS SPACE) THIS IS YOUR PERMIT
PLAN CHECK VALIDATION cK. M.O. CASH PERMIT VALIDATION cK. M.O.• ,CASH
L-XHtB~T C
A.,
• ~i
... ~ ®•~
. ~ ~.: ~ ~ ~~~ CITY OF ~~ PORTE _
:~rg':• .'.' ; _~ °~°~ FNCNE 1713) 471.5020 ~ P. O. BOX 111$ ~ LA PCRTE, TE%AS 77571
.~1.~ 5y~ Y.~ ~
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:.i~;.•:--- '~ +'l. :;t:; M1i.:~,~ .:~ is i'~ i~ ]
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July 10, 1987
James & Delia R. :Claus •~
808 South 2nd Street
La Porte, Texas 77571
Re: Building Permit - 808 South 2nd Street
(Blk. 154; N. 20' of Lot 24, 25, & S. 10' of 26; La Porte)
Dear Mr. & Mrs. Claus:
After visiting with you by phone, I spoke with the City's Code
Enforcement Division regarding your recently submitted building
__•
~ permit application. Your permit application was denied based on
~_G~~.=•.
. •' Zoning Ordinance No. 1501, which does not - allow front yard
•=~`•~~~:;•:,; carports. The carport, which was destroyed by Hurricane Alicia in -
~~~•`
~~~; _. 1983, was considered a non-conformin use
g
previous
under the
,.,..::::
'
~ Zoning Ordinance !`10. 780 which was in effect until February of
..
`~
'
•. '~ ~''~.'•1 this year. That ordinance •(No. 780) also allowed non-conforming
•~ uses to be replaced if-improvements were done within one (1) year
. from the date of damage. tJon-conforming use structures are not
-•
... permitted under the new ordinance (Plo. 1501).
However, the new ordinance (No. 1501) does allow for an appeal
process. An appeal of the Building Officially decision must be
made withi'n:30 days of the denial date. The appeal application
(see enclosure) must be completed and returned to the Code
Enforcement within that period of time. Once the application has
been received, the applicant will be notified of~.a. public hearing
which will be scheduled' with the Board of Adjustments to review
the request... . , ,
If you have any questions, please feel free to contact either
David Paulissen, Chief Building Official, at 471-5020, extension
256 or myself.
Respectfully,
r'`~{-~~gy'~' D Robert T. Herrera
City P:fanager .
• RTH/jb ,
. Enclosure: (1)
ce: David A. Paulissen, auilding Official/Zoning Administrator
[t'~~ ~~~_ ,r~~ CITY OF LA OR
F:~e.~; f :: :; ':.
,.. 7u:. PHONE 7
F'•;: ~~•~'~ ~:t ~.~ : 1 13) 471.5020 P. O. Box 1115 L~ PoarE. TEXAS 77571
R,: ~.. ..;..
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August 20, 1587
Ptrs. Delia Claus
88 S. 2nd Street
La Porte, Texas 77571
Dear Mrs. Claus.
I would like to extend my condolences for the loss of your
husband. He will be missed as a citizen and a neighbor.
As requested, I have enclosed a copy of the City•of La Porte Zoning
® Board of Adjustment variance application. A carport that is less than
25 feet from the front property line is not allowed by the City zoning
regulations. If this application is returned together with the
required X100.00 filing fee,youu ~L~ill be given the opportunity to plead
you r. 'case before this Board.
If I or any member of my staff can help you or assist you with any
part of the variance process, please contact me.
Respectfully,
~,
David A. Paulissen, CBO/Zoning Administrator ~ -
DP,P/nb
~7CH161~' ~
Enclosure
:: c,: Fobert T. Herrera
City tianager
Joel Albrecht; •
Director of Community Development
RUIL®IIVG PERMIT
Jurisdiction of
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O
pp/icant to comp/eie numbered spaces on/y.
uoe ADDR~
t/ ~ ~ ~
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LCGAL
~OESCR. OTf(O.
~ ~1
i Dr ' ~ SlK ~~ TRACT •~ (OICC ATTA CN [D 9NCE71
,
OWNER
Z S ~- rr1 c MAIL ADDRESS
~ F L~
L~
ZIP PNONC
S ~~~D ~'~7
CONTRACTOR / C
3 ~ ~ (~ r MAIL ADDRESS PHONE REGISTRATION NO.
AR CNI TECT OR OESIONCR
4 ~~~ MAIL ADDRESS PHONE REGISTRATION NO.
ENGINEER
5 _ ~' MAIL ADDR[59 PNONC REGISTRATION NO.
LCNDER
6 ~_.. MAIL ADDRCSS !RANCH
USC OF aU1LDINC
7 ,,.~__ _
8 Class of work: ^ NEW O ADDITION O ALTERATION EPAIR O MOVE ~ REMOVE
9 Describe work: ~ ~ P ~~ C.~ ~ Pd /,~ - f ~ ~ E X ~' S f~ /l O
~ •R om ~ ~~ ~._
10 Valuation of work: $ ~ .. PLAN CHECK FEE PERMIT FEE
SPECIAL CONDITIONS: o ~~
of
Occupancy
w ° onst. Group Division
-~ ~/
~~_~[_ ~~ ~ ~ ~ . T Size of 81dg. No. of Max.
L E D (Total) Sq. Ft. stories Occ. Load
Fire Use Fire S
rinklers
APPLICATION ACCEPTED BY PLANS CNE CKED 6Y. APPR D FOR I 'DANCE 6~' ZOne Zone p
Req UirGd ~VGS ~NO
Q ~ I S ~ S~ No. of
Dwelling Units OFFSTREET PARKING SPACES:
Covered ~ Uncovered
N A T I C E Special Approvals Required Received Not Required
SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL, PLUMB• zoNING
ING, HEATING, VENTILATING OR AIR CONDITIONING.
THIS PERMIT BECOMES NULL AND VOID IF WORK OR CON- HEALTH DEPT.
STRUCTION AUTHORIZED IS NOT COMMENCED WITHIN s 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. orHER 15peclry)
I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS
APPLICATION AND KNOW THE SAME TO BE TRUE AND CORRECT
.
ALL PROVISIONS OF LAWS AND ORDINANCES GOVERNING THIS
TYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED
HEREIN OR NOT, TIDE GRANTING OF A PERMIT GOES NOT
PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE
PROVISIONS OF ANV OTHER STATE OR LOCAL LAW REGULATING
CONSTRUCTION OR THE PERFORMANCE OF CONSTRUCTION.
ATURE O- CONTRACTOR OR AU TNOR
~ ~
WHEN PROPERLY VALIDATED (IN THIS SPACE! THIS IS YOUR PERMIT
PLAN CHECK VALIDATION , cK. M.o. CASH PERMIT VALIDATION CK. M.O. . • CASH •
ExHis~T F
A.I '
• •
BUIL®ING PERMIT ~ a
_ .
Jurisdiction Of ~.~ „~ ~~ ~--='
O
plicant to comp/ete numbered spaces only. a
roe ADDR Ess
Q
~ ~ ~s
O
U
.~
LEGAL
1 DESCR. j C
wT~ ~%
~'~,~
G' ~r.~r
L/N sy oL%~ _ . TRACT ~
.~ ., ... ; y .. ... ..„
y,-
(OSE[ ATTA CN CO aNEETI _
, ' . ••
OWNCR ~ ~ MAIL ADDR Eaa =IP PNON[ ~'
CONTRACTOR - - MAIL ADDR Eaa PNON[ REGISTRATION NO.
3
CLF
ARCNI TECT OR DESIGNER •. ~• . - - MAIL ADDR EaB PNON E- REGISTRATION NO.
4
ENGINEER - _ - MAIL ADDncsa - ••- •• PNONE ~ REGISTRATION NO.
5
LEND[R ~- - ~ MAII ADDR Eaa ~ -- ~ - - •- aRANCN
6
I
UaE OF aU1LDIN6 - - -. ~ -~ - ~••- ~ - -- •• ~~~
7 ,
8 Class of work: ^ NEW ^ ADDITION ^ ALTERATION ^ REPAI R ^ MOVE ^ REMOVE
9 Describe work:
1~ ValUatlO(1 Of Work: $
= pLAN CHECK FEE PERMIT FEE
SPECIAL CONDITIONS: L? /~ Type of Occupancy
_
r
Const.
Group
Olvision
G, Size of Bltlg. . o~ M
~~ (Total) Sq. Ft. on Occ. Load
Fire Use Fire Sprinklers
APPLICATION ACCEPTED BV PLANS CME CKED BV APPROVED FOR ANCE V ne Req Ulled ^YCS ^NO
o. OFFST PA G SPACES: .,,+*,
:. j.. ~
welling Uni Covere Uncovered
NOTICE Spee• pprovela Required Received Not Required
SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL, PLUMB- NING
ING, HEATING, VENTILATING OR AIR CONDITIONING.
THIS PERMIT BECOMES NULL AND VOID IF WORK OR CON HEALTH DEPT,
-
STRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 6 FIRE DEPT.
MONTHS, OR IF CONSTRUCTION OR WORK IS SUSPENDED OR
ABANDONED FOR A PERIOD OF 6 MONTHS AT ANY TIME AFTER SOIL REPORT
WORK IS COMMENCED. oTHER (specltyl
I HEREBY CERTIFY THAT 1 HAVE READ AND EXAMINED THIS
ATION AND KNOW THE SAME TO BE TRUE AND CORRECT
APP
.
LIC
ALL PROVISIONS OF LAWS AND ORDINANCES GOVERNING THIS
ITH WHETHER SPECIFIED
I
MP
TYPE OF WORK W
LL BE CO
LIED W
HEREIN OR NOT, THE GRANTING OF A PERMIT DOES NOT
ATE OR CANCEL THE
TH
R
TY T
VI
I
PRESUME TO IVE AU
O
O
OL
PROVISIONS O ANY OTHER STATE OR LOCAL LAW REGULATING
CONSTRUCTION OR THE PERFORMANCE OF CONSTRUCTION.
a1GN ATURE Ofti CON TR
WHEN PROPERLY VALIDATED (IN THIS SPACE) THIS IS YOUR PERMIT
PLAN CHECK VALIDATION CK. M.O. CASH PERMIT VALIDATION CK. M.O. CASH
. ExHr~nr G
M1 '