HomeMy WebLinkAbout04-23-1991 Public Hearing and Regular Meeting ZBOA
LA PORTE BOARD OF ADJUSTMENT
MINUTES
APRIL 23, 1991
Members Present:
Deborah Bernay, Willie Walker,
Charles Christensen and Steve Hines
Members Absent:
Jody Seeger
City Staff Present:
Joel H.
Community
Griffith,
and John
Attorney
Albrecht, Director of
Development, Ervin J.
Chief Building Official
Armstrong, Assistant City
I}
CALL TO ORDER
The meeting was called to order by Chairman Deborah
Bernayat 7:05 P.M.
2 )
APPROVAL OF MINUTES OF THE JANUARY 31, 1991 MEETING
Motion was made for the minutes to be approved and was
adopted unanimously.
3)
CONSIDER SPECIAL EXCEPTION REQUEST #SE91-002 REQUESTED
BY THE CITY OF LA PORTE FOR THE PROPOSED WELLNESS
CENTER FACILITY LOCATED AT 1322 SOUTH BROADWAY. THE
REQUESTED EXCEPTIONS ARE:
A. TO THE SETBACK REQUIREMENTS OF ZONING ORDINANCE
1501, SECTION 5-700, TABLE B, AS PROVIDED FOR BY
SECTION 11-605, SPECIFICALLY A REDUCTION OF
SETBACK ADJACENT TO THE UNDEVELOPED FIRST STREET
RIGHT-OF-WAY.
B. TO THE PARKING REQUIREMENTS OF ZONING ORDINANCE
1501, SECTION 10-609, AS PROVIDED FOR BY SECTION
11-605.2.C; SPECIFICALLY, A REDUCTION IN THE
NUMBER OF REQUIRED ON-SITE PARKING SPACES.
Page 2 of
Board of Adjustment Minutes
April 23, 1991 Meeting
Joel Albrecht was sworn in by Dr. Bernay since he was
not only giving staff's report but also representing
the City of La Porte in their request for special
exception. Mr. Albrecht stated that the City of La
Porte has acquired the old La Porte Bowling Alley
located at 1322 South Broadway and is preparing to
renovate the structure for use as the City's "Wellness
Center". These facilities include offices for the
City's Parks and Recreational Department, the Senior
Citizen's Center and what will function as a municipal
health club. As proposed, the addition will have a
setback of approximately one foot from the adjacent
First Street right-of-way.
Since the alley in block 1158 has been closed, the lots
in this block are said to be through lots. Under the
terms of the definition in Section 3-100 of the Zoning
Ordinance, both the First Street and Broadway faces of
the City's property are subject to front setback
requirements. These setbacks are applicable, as quoted
in Section 5-700 Table B, even though this particular
facility is located on property zoned for General
Commercial use. The front setback established for this
type of building is thirty feet and the first exception
being requested by the City is to this setback
requirement.
The second exception being requested by the City is to
the parking requirements. A total of 113 on-site
parking spaces are required under the provisions of
Section 10-609. The City is requesting a reduction to
90 spaces in accordance with Section 11-605.2.c which
allows special exceptions to on-site parking
requirements. The City is requesting a reduction to 90
parking spaces.
4 )
CALL FOR VOTE TO APPROVE
EXCEPTION #91-002.
OR DISAPPROVE SPECIAL
Motion was made by Charles Christensen to grant Special
Exception 91-002. A second was made by Steve Hines.
The vote was 4 ayes and 0 nays.
Page 3 of
5)
ADJOURNMENT
There being no further business, the meeting was
adjourned at 7:45 P.M.
Respectfully submitted,
Cheryl stout, Secretary
Code Enforcement
Minutes approved on the
1991.
day of
Deborah Bernay, Chairman
Board of Adjustment 04-23-91
s
PECIAL
1/ 9
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P T
ION
"
CITY OF LA PORTE
ZONING BOARD OF ApJUSTMENT
SPECIAL EXCEPTION REQUEST
--------------------------------~----------------------------~--------
Application No.: 5e1~-: ()~L
OFFI~i:_.JL$~__9JH..J: .f)~~;___._$_5_~.OO:, Date Received: ___1.1-;;#1____
. Receipt No.: ___f2fiz__ ~_
NOT&: This Fee is Non-Refundabl~ Regardless of the Board's Decision.
------------------------------------------------------.__.- -.-.- -........ ..~....-----
Applicant:
!JILl --cO ~'SS "LL ()Jr I. -
.JfJLLtl..._J~-'\.._ _ _ _1t'-'_ _ __ _(~_ ____ _JS_._~_l:l.fr:.J:..Q.~V
Name
3':) - C 1'.) d
_._.iJ::.. Lq_____AJ.1L~A-
Address
PH:
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I am the owner of the herein described property. I have authorized
__._______________.___.____.__________. to act on my behalf in this matter.
Owne r*: _U!.I1J::.._UJ1..._._____./i.f2-J:.s._C!....I..._._Jf3_'--lJf_!-::._~O\V
Name
PH:
Address
I am requesting a Special Exception to Sect. J J - ~ a.-S.- of the
~~~~~~t~r~~~:~~~ :~. 1~; i_9_~C~~_A.~~~.:.::;t~~__SP:~~~~__~_~_~.ePt ion
Address Legal Description
City
for
( ) 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
on the Owner's behalf.
$J-t~
owner, he m~ provide Authorization to act
-~~dl;f2~~ ----
Applicant's Signature
------------------------.-----------------------------------------------
OFFICE USE ONLY
Site Plan and Authorization (if applicable) attached? Yes ( )
No ( )
Date transmitted to the Board of Adjustments:
Meeting Date: ~).L}I:tL--
Applicant Notified of Date:
Board's Decision:
Approved ( )
Denied ( )
Notice of Board Decision mailed to Applicant/Owner:
PAGE 2
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 exceptions 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 met on abutting pieces of property.
(b) Exception to rear yard setbacks if any four (ll) 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:
_L._.J.JULB-l< q / /ll1L.ff_.//1L_LLljbt.. J: lil'i.,,[._..-
- fh'7......lk-~i ~ ____.qJl_~_.___+)Jr:.e_(.-.-.--StlJJ7-.1J..-.-cJ~1.Id.L.e.!.'L-/ --.--.---
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_~j 1'*-.-.~_!;. ~..Tb.~. __e.vv Hc.(... . TV. e.) fh.br.cll2tlc'!)
-Ot... .Ct1.) f'.1s:.f:::... .h. d:Ji..._A.&JL.t:._JDLU.C_-jJAd
.feNces ' fl7y ~)ree t Afts t h04.5 e...5 0 t1~j ;' f --rj-
:. ftLL Bvt OIV ~ )1 itS q /iow f .y C) reI Nn-'ce ..
ih e s' f('( e f- AirS o(e-v C// Ie/' t"S IP~)I C h Ct (' c-
f1 D 1-, ve.. 'I) (,u c/ I fA f1 .' '/1'1,1 '~tI /< e pI.. jY) 'I Pftj~d3 doc f
nf;Shbo ~ )'lA-.S; b(/e'1/ b/'o ,.evv ; Jo :5 f;r?1~..r iv't.; 7v
TYPE OF RELIEF BEING SOUGHT: ' /
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h" <- -Jr0>j_.__.le.JJLc_e~---'1..c-a-I.J.J,.LL..i)~L--D:.?:"" f
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-.-----..-.--.----.-----.-.-------------.-----------......-.._-_.._-_..--_.._.._.--_.---_._------_.~_._--_._-_._--
THE GROUNDS FOR THE REQUEST:
__I.D_c_...ll'U~-?- IS ~ I'? ';I 1.fi.a:f"'J::y-,-c---I.i.iiJe.
, <) 0 ... r C ~-7-Qd2'-rr....;1 ~Lj:/4.L----J2-'~_.Cq..!k.S-L--- _f?I?:_ -
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---.--. ------..--.-----.-- -.-. .-' -.-..----..-----.....--.-------.---..-------..---.---.....-----..-.---..--.
CED/1-'87
SPECIAL EXCEPTION REQUEST
91-003
ReQuested For:
3219 Canada Road (See Exhibit A)
Leqal Descriotion:
Lot 10 out of Tract 11-A in Lot 6 of the
W. B. Root Subdivision, W. M. Jones
Survey, Abstract 482.
Zoninq:
R-1, Low Density Residential
ReQuested By:
Mr. Walter R. Richerson, Owner
ReQuested Relief:
A special exception to the twenty five
(25) foot front setback requirement of
Ordinance 1501, Section 5-700, Table B.
The purpose of the exception, which is
being requested under the provisions of
Section 11-605; is to allow construction
of a residential front yard fence.
Background:
Mr. Richerson, the applicant, has erected a front yard fence
at his home on Canada Street. The fence is constructed of six
(6) foot galvanized chainlink. It was erected without a permit
and without the City's knowledge. After discovering the fence,
the City informed Mr. Richerson that the portion (of the fence)
which encroaches into the front yard setback area would have to
be removed. The applicant was told to remove the fence based on
the requirements of Zoning Ordinance Section 10-501. This
section,>>. in part, states: "No fences, structures, grading or
barrier Q}edges shall be permitted within any front yard area...."
The applicant is requesting a special exception to allow the
fence to remain in place. The exception is being requested under
the provisions of Section 11-605.2.b.1. This section permits the
Board of Adjustment to consider:
Any exception from the front yard
requirements where the actual front
yard setback of any abutting lot
does not meet the front yard
[setback] requirement.
Should the Board find that a request meets the criteria of
the preceding paragraph, it is empowered to grant relief so long
as granting the exception "will not adversely affect the value
and use of adjacent or neighboring property or be contrary to the
best pUblic interest (Section 11-605.2)."
SPECIAL EXCEPTION REQUEST
91-003
Requested For:
3219 Canada Road (See Exhibit A)
Leaal Description:
Lot 10 out of Tract 11-A in Lot 6 of the
W. B. Root Subdivision, W. M. Jones
Survey, Abstract 482.
Zonina:
R-1, Low Density Residential
Requested By:
Mr. Walter R. Richerson, Owner
Requested Relief:
A special exception to the twenty five
(25) foot front setback requirement of
Ordinance 1501, Section 5-700, Table B.
The purpose of the exception, which is
being requested under the provisions of
Section 11-605; is to allow construction
of a residential front yard fence.
Backaround:
Mr. Richerson, the applicant, has erected a front yard fence
at his home on Canada Street. The fence is constructed of six
(6) foot galvanized chainlink. It was erected without a permit
and without the City's knowledge. After discovering the fence,
the City informed Mr. Richerson that the portion (of the fence)
which encroaches into the front yard setback area would have to
be removed. The applicant was told to remove the fence based on
the requirements of Zoning Ordinance Section 10-501. This
section, in part, states: "No fences, structures, grading or
barrier hedges shall be permitted within any front yard area...."
The applicant is requesting a special exception to allow the
fence to remain in place. The exception is being requested under
the provisions of Section ll-605.2.b.l. This section permits the
Board of Adjustment to consider:
Any exception from the front yard
requirements where the actual front
yard setback of any abutting lot
does not meet the front yard
[setback] requirement.
Should the Board find that a request meets the criteria of
the preceding paragraph, it is empowered to grant relief so long
as granting the exception "will not adversely affect the value
and use of adjacent or neighboring property or be contrary to the
best public interest (Section 11-605.2)."
page 2 of 3
Analysis:
The applicant's request is based on the presence of other
existing front yard fences on Canada street including one located
on the "abutting lot (See Exhibit B)." The fences indicated on
Exhibit B appear to be legally established non-conforming uses.
They appear to have been in existence prior to annexation of this
area. They have certainly been in existence since 1986. This is
when the aerial photo in Exhibit B was taken.
In the strictest sense, a front yard is defined as:
...a yard extending along the whole
of the front line between the side
lot lines and being the minimum
horizontal distance between the
front lot line and the front of the
principal building or any
projection thereof...(Section 3-
100, Definitions).
The first determination to be made by the Board is whether
an exception to fence setbacks is a reasonable application of
Section 11-605. If the Board feels this is an appropriate use of
the special exception provisions, the applicant's request does
appear, due to the presence of an abutting front yard fence, to
satisfy the condition of Section 11-605.
The next consideration deals with impact on "value and use
of neighboring property" should this request be granted. The
Board must determine, based on testimony, public notice replies
and knowledge of the Zoning Ordinance, what, if any, impact
granting this request will have on the neighborhood. Staff's
only comments regarding this issue, or the "best public interest"
are one; that as noted on Exhibit B, the majority of homes on
Canada Street already have front yard fences and two, the type of
fence constructed by the applicant is very similar to other
existing Canada Street fences.
Conclusion:
It must be noted that, should the Board grant the requested
special exception, the applicant will still be obligated to
obtain a building permit and meet all other applicable City of La
Porte code and ordinance requirements.
Page 3 of 3
Finally, once the Board has made
this matter, the provisions of Zoning
will apply. This section, which deals
Adjustment decisions, states:
a determination regarding
Ordinance Section 11-610
with appeals of Board of
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 petitions
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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PRO P 0 N E N T S
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