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HomeMy WebLinkAbout06-13-1991 Public Hearing and Regular Meeting ZBOA LA PORTE BOARD OF ADJUSTMENT MINUTES JUNE 13, 1991 Members Present: Deborah Bernay, Willie Charles Christensen, Steve and Jody Seeger Walker, Hines, Members Absent: All Present City Staff Present: Ervin J. Griffith, Chief Building Official, John Armstrong, Assistant City Attorney and Mark Lewis, City Inspector 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 APRIL 23, 1991 MEETING Motion Charles Seeger. was made for Christensen the minutes and a second to be approved by was made by Jody 3) CONSIDER SPECIAL EXCEPTION REQUEST 91-003 TO THE TWENTY-FIVE FOOT FRONT SETBACK REQUIREMENT OF ORDINANCE 1501, SECTION 5-700, TABLE B. THE PURPOSE OF THE EXCEPTION IS TO ALLOW CONSTRUCTION OF A RESIDENTIAL FRONT YARD FENCE. Mark Lewis presented staff's report. He stated the applicant, Walter Russell Richerson, who resides at 3219 Canada Road, has constructed a six foot galvanized chainlink fence around the front of his property. Upon 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. Mr. Richerson 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 has requested a special exception to allow the fence to remain in place. The exception is being requested under the provisions of Section 11- 60S.2.b.l. This section permits the Board of Adjustment to consider: Page 2 of 3 The applicant has requested a special exception to allow the fence to remain in place. The exception is being requested under the provisions of Section 11- 60S.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 as 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 l1-60S.2)." Mr. Richerson was sworn in by Chairman Deborah Bernay. He then stated he was basing his request on the presence of other existing front yard fences on Canada Street including one located on the abutting lot. Mr. Richerson also told the Board the fence was constructed to act as protection for his family due to several previous problems in his neighborhood. He asked consideration from the Board in granting this Special Exception. 4 } CALL FOR VOTE TO EXCEPTION 91-003. APPROVE OR DISAPPROVE SPECIAL Motion was made by Charles Christensen to grant Special Exception 91-003. A second was made by Steve Hines. The vote was 5 ayes and 0 nays. Page 3 of 3 5) ADJOURNMENT There being no further business, the meeting was adjourned at 7:30 P.M. Respectfully submitted, Cheryl stout, Secretary Code Enforcement Minutes approved on the 1991. day of , Deborah Bernay, Chairman Board of Adjustment APPEAL # 9 0 003 CITY OF LA PORTE ZONING BOARD OF ADJUSTMENT APPEAL OF ENFORCEMENT OFFICER'S DECISION RECEIVED JUL 3 0 1991 CODE ENFORCEMENI ::::::-:::-:::~~----------------------------~~~~i~:~~~~:~~~~~f,~~~ :::::::::~---t=~-J~-~--C:~;--(;~~:~--------------------------------- qCiC1'1 ~LC4-N~~(B ____ PH: (""3>) Y""o-fo~: Address Lo.- ?",-.k../ \ ~ I"1S,1 I am the owner of the herein described property. I have authorized to act on my behalf in this matter. L . J.. 8 Gcu:.\ G u.L\Lot S. Name \~Y' \~ LV\ A'CMress Lo.....\)..v..{..e- .~ J I,S;I \ I am appealing the decision regarding or the interpertation of Sect. of the City Zoning Ordinance No. 1501. I am making this appeal in reg rds ,to the property located ~Uk"I..\ at'") \ 'S '- "" t'\. Q...\.)v~ ~re~t Add 5S Legal Description ~ :Vo --~.. I)l... 115'l \ / Owner*: ~\ () \ PH: ~ \'v\.Q.... O() 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 ~.u . provide AU.thlSization to act on the Owner's behalf. /J/$;fflli \k'\~1~m Date V' ppli ant's Slgnature ----------------------------------------------------------------------- OFFICE USE ONLY Site Plan and Authorization (if applicable) attached? Yes ( ) No ( ) Date transmitted to the Board of Adjustments: Heeting Date: Applicant Notified of Date: Board's Decision: Approved ( ) Denied ( ) Notice of Board Decision mailed to Applicant/Owner: - I" 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 MATTER: Use of concrete or asphalt would imply a continuation of Shirley Lane and invite unauthorized traffic onto our property. In the past a car did drive onto this property and wrecked on the concrete slab at the north side of the land. This is dangerous as well as an annoyance. Other streets running north and south off of H,L, or P Streets in Lomax were planned with cul-de-sacs for traffic. Shirley Lane was not planned that way. For the reasons mentioned above we are seeking permission to have a driveway which does not imply a continuation of the city street. The closest neighbors at 2105 and 2106 Shirley Lane have expressed no objection to a gravel drive from the end of Shirley Lane up to our carport. We have applied for permission to use a gravel surface for a driveway. Our application was denied. TYPE OF RELIEF SOUGHT: Use of an alternative surface for a private drl'Ve. Gra'v'r->'J r'at" he''''' .J-,...... ..... I' . T . -.., -, ..,!.-:If. S.le .i, i'Jo"lel !::if" /"-12] -'''i'' 1"'; t dlle to -!..t.. , ]r" .....L." _. ~'- .t::<.'. ',,12 Y WUS' free and -. - IE .dCc:il...1Un s..-,ould be no anno'vance to "hb YJhllp ai- t'l-e ;:::--"- -I..' '. ,. I. . neJ.g 'ors, .. "- - I ~<::'dll\:= ~lme 1fnplvlPCj .=. rr'iv-te d : a cor".-!-jrv'c:\-t.j\...... cf ,......... I " "- _. J c:I ~ rlVE' l~ather than . , -. I.' .. J,' -'" 0'111'- e'y' L.2Ine. GROUNDS FOR THE REQUEST: Sc:\fet v. CED/1-'8I - .. .; -: - :2 3 0 0 9 - -",.. . / c SHANKS SURVEYORS Billy L. Shal'1lc.s RECISTER-CD PUBLIC 5UR\'EYO~ 940 ~mini. Suite 2Q.4 Houston. T txn i7OG2 4&8-8305 AUGUST 25, 1988 ';RACT I A 0.8255 ACR~ TRACT BE!Nr. A PORT10N OF OUTLOT 253 AND 254 or TH~ TO~':N OF !.A ?OBf'.E, .ACCORDINC: TO P!.AT ':':~:::R~OF R~CORD~D IN vo!.m~E 61, !'Ar.E 374 OF ':'H~ DEED R~CORDS OF HARRIS COU1~TY, TEXAS, A!~D BEING A PORTION 0:' THE TAACT OF !.;"1\D DESCRIEED !N VOLUME 7156, ?A~ES 354,355,356 OF 7?E DEED RECORDS OF RARR!S COUl,TY, TEXAS, AND EE!NG MORE PARTICULARLY DESCR!DED BY METES Alill 30Ulms AS :'OLLO'i'iS: ~ 1 j i ; .j J ~ .i STAR::'ING AT "'!"'~-::- .......... SOUTE~ST CORK~R OF OUTLOT 247: THENCE w~ST W!TH TEE SOUTE LINE OF OU7LOT 247 AND 248, SAME BEIN~ TEE NOR'!; R!Gr.T-OF-"~Y L!NE OF NORTH H STREET, PASSING AT 336.00 FEET Th~ SOOTRv~ST CORNER OF OUTLOT 247 AND THE SOUTHEAST CORNER OF OUTLOT 248, GO!Nr. A TOTAL D!STANCE OF ~30.00 :EE! TO TEE POINT FOR TEE SOV7?'rSST CO~NER Or TEE 7R;CT OF !...~ND DESC?!BE:> IN VOLU!-:E 7156, ?AGES 354~355,356; 7EENC~ NOR73 iOO.OO :~~T ALONG TEE W~ST ~!~~ 0= SA:D. 7R~CT OF LA~D, TO A ." "1/2" .IRCiN ROD !-~_RK!1~G T~::: SOU:-.::-...'3S"! CO?.'I\:-:S::\ ;:.1~:;) :r=::: ?O!~=,!. 0:: 3:::G!Nl\!Nr. 'Or' SriID T~C~ 0: LA~D; - :rE::;NCZ NO?:!: 200.00 ::::~T TO ~ 1/2~ !RON ROD rop. -.- -....- ~ ~ . . , . i ~ :l ~ '1 ." ;, -~ ~ ;) ~ '14 :~ :.i :.~ .~~ .., S~_:rD '. 'IN.C'!; NO~:r-.:5i.~S:' CC'?l\-:S::\ 07 TE:::NCE ~;ST 17S_80 :::::::'1' ALONG 7~::: NO?T~ ~!NE 0: SA!D '!~;CT OT ~AND 70 A , /2"' -...,......~ '='0':"'\ -0"" -..- "'0-----"" t::"'l" CO""'\.':-"" 0- S" -':"'\ -.,.,'" C'" - ..!..:'\UJ" .;\. J.I : :-. ~~.:,.. .I" :\',J.::':".-__.. .~'':'.7\: .-'..J..":"'- .:.~~ .:..: TE:::NCE.SOD7= 200.00 :::::::'1' ALONG TE~ EAST ~!~~ 0: SA!D 7R;CT 07 L;ND, TO A ~?^ft ~A!L :r0P. 7=::: SO~'!=~ST Cq?.~:::R 0: SA!D 7~;C7; TRENC::: \~S':' 179.80 ::::E7 ;:~ONG TE::: SODT3 ~!l\~ 0: SA!:;) 7~;CT OF L~ND, TO ?OI~'1' OF E:::G!l\K!NG AND CONTA~\!NG O.S255 AC~S '0: ~AND ~O?Z OR L:::SS. j :I :r ~ j .0: J ~ 'T'= .... -- .. ,-;:: Or ... ~\-...... '1:". ~;..'..~::;.'~:::'\., ... ...... . t .... , ... i .:.::.: .." ---.... ..:~ .~ ... ...................~ ..~ E;~ y L :"~: .~i7 ~ ;.:. ;................ ~ ....... . .......".' \~~<:~': :;~: .'; ~':!'./ ... <. I ,... .. .. . . :... ........ -:,: ~~ /df ';( L - SHAl\!I~S SURVEYORS Billy l. S~Clnh REC15TfR.fD rusuc 5UR.\/fYOR 940 ~mini. Suit~__ 9."3 Houston, T ex.as iiOG2 ~530S Aill-US:- 25, 1988 TRACT ! I A 08255 ACRE TRACT, EEING A PORTION OF OUTLOT 254 OF THE TO~N OF LA PORTE, ACCORDING TO PLAT THEREO? RECORDED IN VOLU!'S. 61, PA~E 3 7 ~ 0: THE DEED RECOP.DS 0: HARRIS COU~TY, TEXAS, AND EEING A PORTION OT TH~ TRACT OF LAND DESCRIBED IN VOLL~E i156, PAl-ES 354,355,356 OF THE DEED RECORDS 0: HARRIS COU~TY, TEXAS, AND EE!NG MORE PART!CULARLY DESCR!BED BY METES AND EOUh~S AS FO~LOWS: S::ART!NG :A'!' .........- J..::":" SOUTHEAST CORNER 0: OUTLOT 246~ THENCE ~ES'!' WITH THE SOUTH L!NE OF OUTLOTS 2~6 AND 247, S~~ EE!Nr. TEE NORTH R:rGET-OF-\'~.Y :L:r1~E 0:' NOR'!?: 3 S:-?~ET, ?~.SS!NG ?T 326.00 r=::::'!' TE~ SOUZffi~ES'!' CO~~ER OF OUTLOT 246 A~~ THE SO~~HEAST CORNER 07 OUTLOT.2~7, GO!NG A TOTAL DIST~.NCE 0:: 396.40 ::::-:ST TO T?E ?O!!\'T FOR THE SOUTHE~.ST CORKER OF .THE TRACT '0:: L.:..!m DESCP.!EED t;N VOLuME 7156, Pi'.GES 35~, 355, 356; ,. THENCE NORTH 700.00 :EET TO A 1/2~ :RON ~OD ~~ro\:N~ Ah~ TEE ?OI~T 0:: BEGINN!NG OF SAID T~CT 0:: LAND; ,......- J.::.:.. SOUTHEAST COR~E~ :'.3.~:E \o;"E ST 179 _ SO FEE':' Al.ONG T?:.-::: SO'C"7:: LIKE FOR TEE SOUTh",":::ST CO?J~? OF SA!D 0:' S::'-ID -=?-~CT 0:: L.~h""D, TO '" "~.P" r. _^ "'-'"'.....~... l\;'~":'..l.J T?-;CT; ':'HENC::: NORTE 200. DO ::::~ ~_!"ONG ?:.E i'l~ST L!KE 0: S~.::D TR;CT 0: !..;.~::> I TO A 112ft IRON ROD =O? TEE NO?T~~-:::ST CDR~ER OF SAID T~.CT; Tn:::~:E ~;ST liS.BO ~:::ET ALON~ TnE ND~TE 1,1)\::: 0: S;~D 1" IRON ?'!PE :OR T::~::: l~ORTE:::;'.ST CO?J~ER OF SAID ':'?..~C'Z'; .,.........,...-. -..~'-'~ 0: L;'.~~D, TO ... TH:::NCE SOUTH 2 DO .00 ::EET ~.LONG TE::: E.~.ST l,D~E 0:: SAID TR~CT O:=-: L~.h"D, TO ':'H::: POrK''!' 0: ::::::GINN!NG ;'.1\:> CON'Z';'.D\"1NG 0.8255 AC?2S OF L~.!\D !-~OP2 OR :"=SS. ~ ~~-~~..\.f.':-:..I-~ /:-'~.:""?'~i..~~:\ ~. !_.::~:..~:. :.:....? 't.. . , . ...... ... ....... . .'::'_.l ....J. ..j \..... ..:.< ~ ;c:::::.: ~ ~-' .' .,- -,,'-" "c;. .:::;..r- c-/~/ " / r. ;- ;(J/ ./ L-, .t. 1 " 0 ~ z .. Jurisdiction of '" . :a 0 0 :a Applicant to complete numbered spaces only. '" .. .. Joe ADOI' [55 2\61 SV\. W' ~eu. L y,\ I COT NO. --J I"CK I TR AC T J&€EE ATTACHED SHEETI l.EGAL lDESCR. . 1'. t ~ 1__ 20t.:!o ',\\Ot". , G.eu: ~ MAIL ACDRESS ZIP tt- ....,. -, 'PHONY ~ i,~ 31 L j~ <(: C(Clct 4 SpeV\..cev- 103 'T'lS'1( I . CO~AC TOR Qa,u.) ki",-s MAIL ADDRESS , PHONE REGISTRATION NO. 3 ~O..,...., t; L.J. bU\\lj,jt- 5.d...~ U- ~ Cc Ioo.te. ARCHITECT OR DESIGNER MAl L. ADORE.SS PHON It REGISTRATION NO. 4 ENGINEER MAIL. ADDRESS PHONE REGISTRATION NO. 5 LEN 0 ER MAIl. ADDRESS BRAN Clot 6 uSE 0' BUILDING 7 'i'eS ~ c\e "'- c e- 8 Class of work: ~NEW o ADDITION o ALTERATION o REPAIR o MOVE o REMOVE 9 Describe work: 1) '.... ~ \J e. \..U ~ ~ h. eJ....U \--.0 V"I'...-e-. - .q \rQ.... '\J <2-.\ -...J <....J Disa / .Lved go // ./ //7 10 Valuation of work: $ \000- r :71123/// I PERMIT FEE PLAN CHEC FEE SPECIAL CONDITIONS z,Qi-! ~.....<"" c/f'4,AA___'" I )C/ I Type of Occupancy t-(!..,oJ .~. tJ,.. .../",,,,,-1 Il~~ ./ /'I!)f rk '-.... IA~'.'G"'..A , Const. Group Division , r / / ~~~ Size of Bldg. No. of Max, (Total) Sq. Ft. Stories Occ. Load Fire Use Fire Sprinklers APPLICATION ACCEPTE.D BY PLA.NS CHECKED BY APPROV~D FOR ISSUANCE BY Zone Zone Required DYes oNo No. of OFFSTREET PARKING SPACES: Dwelling Units Covered I Uncovered NOTICE Special Approvals Required Received Not Required SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL, PLUMB. ZON I NG lNG, HEATING, VENTILATING OR AIR CONDITIONING. HEALTH DEPT. THIS PERMIT BECOMES NULL AND VOID IF WORK OR CON. STRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 6 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) 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, THE GRANTING OF A PERMIT DOES NOT PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PROVISIONS OF ANY OTHER STATE OR LOCAL LAW REGULATING CONSTRUCTION OR THE PERFORMANCE OF CONSTRUCTION. "" G!;~CONC~R:(C* AGENT (CA TE) 51 CON" TU FIE Of" OWNER If" OWNE.R aUILOER) (D....TEl BUILDING PERMIT PLAN CHECK VALIDATION WHEN PROPERLY VALIDATED (IN THIS SPACE) THIS IS YOUR PERMIT CK. M.O. CASH PERMIT VALIDATION CK. M.O. CASH A.l APPEAL TO THE ENFORCING OFFICERS DECISION IA91-003 Reauested For: 2101 Shirley Lane which is comprised of two tracts of property which are separately described as: Tract I- A 0.8255 acre tract being a portion of out lots 253 and 254 of the Town of La Porte. Tract II - A 0.8255 acre tract being a portion of outlot 254 of the Town of La Porte. (See Exhibit A) Requested By: L. J. and Gail Guillot, owners Zoninq: R1, Low Density Residential Action Apoealed: The applicants are appealing the denial of a building permit application to allow construction of a new gravel driveway. The permit was denied based on the provisions of Zoning Ordinance Section 10-605.6 which states, "All areas intended to be utilized for parking space and driveways shall be surfaced with materials suitable to control dust and drainage." Backqround: L. J. and Gail Guillot are the property described above. Exhibit A, are located at the Lane. planning to build a new home on These tracts, as indicated by northern termination of Shirley Exhibit B indicates the locations proposed for the house and driveway. Based on this site plan, the driveway would extend approximately 95 feet into the property with an overall length of approximately 110 feet. On July 23, 1991, Mrs. Guillot applied for a building permit to allow construction of a gravel driveway. The permit was denied based on the provisions of Zoning Ordinance Section 10- 605.6 which states: "All areas intended to be utilized for parking space and driveways shall be surfaced with materials suitable to control dust and drainage." page 2 Analysis: Section 11-604 of the Zoning Ordinance states: "Appeals to the Board of Adjustment may be taken by any person aggrieved or... affected by any decision of the enforcement officer." Paragraph 3 of the same section empowers the Board to grant an appeal only if all three of the following criteria have been satisfied. a. That there is a reasonable difference of interpretation as to the specific intent of the zoning regulations or zoning map, provided the interruption of the enforcement officer is a reasonable presumption and the zoning ordinance in unreasonable. b. That the resulting interpretation grant a special privilege to one inconsistent with other properties similarly situated. will not property or uses 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. While the applicants cite safety as the major reason for this appeal, it should be noted that public safety is not at issue and is therefore not a primary concern in regards to this case. Rather the focus should be on the ascertation that a gravel driveway would provide a "relatively dust free" surface. The Zoning Ordinance does not specify materials that mayor may not be used for residential driveways and parking areas. It simply states that any surfacing materials used must be suitable to "control dust and drainage." It has been left to the enforcing officer (Building Official) to determine what materials satisfy ordinance requirements. The materials, which in staff's opinion, satisfy this requirement are concrete, asphalt or any type of ba~e material that has been effectively coated with an asphaltic type of sealer. Oyster shell, gravel, concrete washout and calcium sulfate are not allowed as driveway or parking surfaces unless they have been overlaid with a sealer. This is the standard that has been applied since the 1987 adoption of Zoning Ordinance 1501. Page 3 These standards are based on the fact that the materials mentioned above, unless sealed, tend to either produce dust themselves or, allow dirt, sand and clay to migrate to the surface and produce dust. Additionally, materials which tend to produce dust in dry conditions, also tend to produce muddy or contaminated runoff during heavy rains; thus the concern about drainage. The question which the Board must address is this. Has the enforcing officer either misinterpreted or exceeded the specific intent of the Zoning Ordinance by denying the applicant's building permit? If the standards enforced by staff, in the Board's opinion, constitute a reasonable interpretation of Zoning Ordinance intent, this appeal must be denied. If, on the other hand, the Board feels ordinance intent has been misinterpreted or exceeded, the appeal may be granted but, only if: 1. Granting the interpretation property. In fairly applied appeal will not result in an that grants a special privilege to this other words, can the interpretation be to other properties? 2. The Board feels that granting the appeal best interest of the surrounding consistent with the spirit and intent Ordinance and Comprehensive Plan. will be in the community and of the Zoning 269 22./ x -- - . -~~ ( [01 \ I [] \ I \ I \ I \ /253 \ I \ I II II II I + 0 I -ll [}~21 II II II II II II II II 248 II 22.3 II II II II /I 0.// _ uJ 1_.__ 22.7 I , 22.8 a. u ..~ -- j 2 ffr /3 268 /2 22.1 x x-A I r;)/ '\ 2 5~ / / I I / X / / ~2. 2 ----' , . I , i I " c " -x ~ i i X i I ~ i ,___---'- L [ ~ x ..~ : , .J --~..- ....... ~~ 22.2 ,./ 87 / - - D r '- n I ..- ~ -:-- \ I ~ . I' 54...4- \' ~l/\p I 1 '1. f::,C/ [: r :SD--:l ~ A:' pH^U \ .f. ~ 1.5 T 11'.,1 b z.tI - vi L . ~~ -.J ~ ~ r{ -r \- \!\ VI ,1 . (,0'- .. - _ Si,..b- ~N \:;~ \ E~\,\\6\T B ----------