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:
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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
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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:
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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
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~?^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.
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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'!'
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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;
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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
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L.~h""D, TO
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':'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';
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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.
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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(
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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
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