HomeMy WebLinkAbout01-23-1992 Public Hearing and Regular Meeting ZBOA
LA PORTE BOARD OF ADJUSTMENT
MINUTES
JANUARY 23, 1992
Members Present:
Deborah Bernay, Willie Walker,
Steve Hines and Charles Christensen
Members AI;:>_?~.D.1~
All present
City Staff Present:
Ervin J.
Official,
Inspector
Assistant
Griffith,
Mark S.
and John
City Attorney
Chief Building
Lewis, City
Armstrong,
1)
CALL TO ORDER
The meeting was called to order by Chairman Deborah
Bernay at 7:30 P. M.
2 )
APPROVE MINUTES OF THE AUGUST 29, 1991 MEETING
Motion
Charles
Walker.
was made for the minutes to be approved by
Christensen and a second was made by Willie
The vote was three ayes and 0 nays.
3 )
CONSIDER SPECIAL EXCEPTION REQUEST #SE92-001. THE
PURPOSE OF THE REQUEST IS TO ALLOW CONSTRUCTION OF A
ROOM ADDITION WITH A SIDEYARD SETBACK OF 2 FT. 3 IN.
Mark Lewis presented staff's report. He stated 1513
Cedar Cove is a town home which is located in a four
unit building in the Gardenwalk Townhome addition. The
applicant removed an existing patio awning from the
rear of the unit and is proposing to replace it with a
comparably sized glass-wall "sun room" addition. This
home is located in the corner unit of the building.
Ordinance Section 5-700 requires a 10 foot side setback
adjacent to street rights-of-way. A special exception
will be necessary in order for the City to approve a
building permit for the room addition. The plat shows
the addition will not encroach across any platted
setback lines. The proposed addition has also been
approved by the architectural review committee of the
subdivisions home owner's association.
Page -2-
4 )
5)
Donna Perry was sworn in by Dr. Deborah Bernay. Ms.
Perry stated the old patio cover had deteriorated and
needed to be replaced. She wished to replace it with
an enclosed glassed-in area which is to be built on the
existing patio slab and will not infringe upon property
or utility easements.
CALL FOR VOTE TO APPROVE OR DISAPPROVE SE#92-001.
Motion was made by Charles Christensen to grant
SE#92-001. A second was made by Steve Hines. The vote
was unanimous; 4 ayes and 0 nays.
CONSIDER VARIANCE REQUEST #92-001. THE PURPOSE OF THIS
REQUEST IS TO ALLOW CONSTRUCTION OF COMMON DRIVEWAYS TO
BE SHARED BY ABUTTING LOTS WITH THE PROPOSED
SUBDIVISION. THIS WILL REQUIRE A VARIANCE TO SECTION
10-605 OF ZONING ORDINANCE 1501.
Mark Lewis presented staff's report. Mr. Lewis stated
The Baygreen Colony is as yet an undeveloped
subdivision which will be located between South
Broadway and Galveston Bay. It is being platted as a
deed restricted neighborhood for single family homes.
The applicants propose to have several abutting lots in
the subdivision share common driveways. Ordinance
Section 10-605 states driveways must be located at
least 3 feet from side property lines with at least 10
feet of separation between driveways. As proposed, the
common drives would straddle the side property line.
The tract is
east end of
diagonal and
this reason,
total number
necessary to
appearance of
rather narrow with a sharp offset near the
the property. The lots are laid out in a
in some cases asymmetrical fashion. For
the applicants feel that limiting the
of driveway entrances on Colony Drive is
improve both the safety and aesthetic
the neighborhood.
Page -3-
Dr. Bernay swore in Mr. Fred Westergren who represented
the owners of the property, Laure Holle, Trustee. Mr.
Westergren stated they wish to preserve open space
areas in the proposed subdivision by having driveways
and entrances shared by two homes. This they feel will
help to preserve the green areas of Baygreen Colony.
Because of the irregular shaped lots, the developers
feel this will not only be an asset to the future
residents of the area but also help with the aesthetic
value of the property as well. Mr. Westergren also
asked that lots 10 and 12 be included as well as other
lots originally submitted for approval.
6 )
CALL FOR VOTE TO APPROVE OR DISAPPROVE VARIANCE REQUEST
#V92-001.
Steve Hines made a motion to add lots 10 and 12 to the
proposed lots being considered in this variance request
along with a minimum 20 foot width of common driveways.
Charles Christensen made a motion to second. The vote
was unanimous; 4 ayes and 0 nays.
7 )
STAFF PROPOSAL
Staff requested the Board to discuss the possibility of
scheduling the meeting time to 6:00 P. M. instead of
7:00 P. M. After a brief discussion, it was decided to
keep the 7:00 P. M. meeting schedule.
8 )
ADJOURNMENT
There being no further business, the meeting was
adjourned at 8:13 P. M.
Respectfully submitted,
Peggy A. Lee, Secretary
Board of Adjustment
Minutes approved on the ______ day of
_ _ ___..__~, 1992.
Deborah Bernay, Chairman
Board of Adjustment
SPECIAL EXCEPTION
SE92-002
CITY OF LA PORTE
I,
ZONING BOARD OF ADJUSTMENT
SPECIAL EXCEPTION REQUEST
--- - -- -- -- - - --- - -- - - - - - - - -- - - - - - - -- - - - - -- ---A~ ~ i ~ ~ ~ ~ ~~ ~ -N ~ ~ }7Fii: _. -~i.
OFFICi=___US~_._O)H..J: f_~~;_ _ _,_$_5_~. 00 Date Received: _~-::__-Z~ q2-
Rece ipt No.: -,-____p.:52z>il~
NOT~: This Fee is Non-Refundable Regardless of the Board's Decision.
-------------------------------------------------------_.__.~_._-----._-----
A pp I i can t :
~e__ ~(!2L~~e-C4J-----------.
PH: ~?l-:L.;(7/
P)4 4'7/-455;)",
Address
I am the owner of the herein described
to act on
property.
my behalf
~o-y-&.~-.--~1LL.ift-.----------.---
I have authorized
in this matter.
Owner*:
Address
PH: tl-71-/~9/
47/- ~:S-5~
I am requesting a Special Exception to Sect. _ of the City
Zoning -Ordinance No. 1501. I ",a_m r.eqy.est;-..9 g this ~~cial Excepti~.!lJ ~or/
property located at ~tO,1 ~ -4~-~. ~~44.~ 5"' ~..:l$
%# L1~ I.;1SXI.26:-_Address __Le.:"l_~e~::~~~_____
( ) 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.
_Q~ (/1- q 2-
Date
m~ provide Authorization to act
~~~
A ica~t' s Signature---
* If applicant is NOT the owner, he
on the Owner's behalf.
------------------------.-----------------------------------------------
OFFICE USE ONLY
Site Plan and Authorization (if applicable) attached? Yes (}0 No ( )
Date tr'ansmi tted to the Board of Adjustments: 4J.o /-1 :2- ._.___
Meeting Date: ~};.fll?:.- Applicant Notified of Date: _y.t!_.J-_______
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 yar~ 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 re~uction 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
a~ditional letter or any information and exhibits you feel the Board
should consider.
FACTS RELEVANT TO THIS MATTER:
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PAGE 3
TYPE OF RELIEF BEING SOUGHT:
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THE GROUNDS FOR THE REQUEST:
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STAFF REPORT
SPECIAL EXCEPTION REQUEST #SE92-002
Requested For:
203 South 4th Street (See Exhibit "A")
Le2al Description:
Lots 1-5; Block 33; Town of La Porte
Zonine:
R-1, Low Density Residential
Requested By:
Joyce Smith Sly
Purpose of Request:
To permit a front yard carport to maintain a setback of eighteen feet (18') from a public
intersection.
Back2round:
The front yard carport located at 203 South 4th Street was erected during the month of
September 1991. At this time "front yard" carports were not allowed by the Zoning
Ordinance. The property owner did not contact the City prior to construction. Mrs. Sly, the
property owner, was given notice that her carport was in violation of City Ordinance, but
no further action was taken.
During the same time period, the City was considering amending the Zoning Ordinance to
allow front yard carports. This was the reason for deferring further action. On December
9, 1991, Council approved an amending Ordinance (1501N) which permits front yard
carports in certain circumstances. These provisions, found in the Zoning Ordinance Section
10-401.4, allow front yard carports subject to the following stipulations:
a. Carports in a required front or side yard shall not be located closer
than five feet (5') from any front or side property line.
b. Carports located on corner lots shall not be located closer than twenty-
five feet (25') from an intersecton. This distance shall be measured
from the intersection of property lines common with street right-of-way
lines.
c. The maximum width of a carport located in a required front or side
yard shall be twenty-five feet (25').
The applicant's carport complies with all of these regulations except the twenty-five foot
(25') setback from public intersections. As indicated in Exhibit "A", the carport is only
setback eighteen feet (18') from the West "A" Street intersection.
Mrs. Sly is requesting a Special Exception to the twenty-five foot (25') setback provision.
She is requesting the exception under the provisions of Zoning Ordinance Section 11-605.2.B
which allows the Board of Adjustment to grant "yard exceptions on corner lots". This type
of exception is only allowed when the Board finds "such special exception will not adversely
affect the value and use of adjacent or neighboring property or be contrary to the best
public interest".
Analysis:
This situation creates a unique situation for several reasons. First, the carport was erected
without a permit in violation of the existing Ordinance. Second, the City did not pursue
enforcement of the Zoning Ordinance as we were in the process of amending the
Ordinance.
Finally, and most importantly, the imposition of the Zoning Ordinance requirements on this
older property imposes a hardship. At the time these properties were subdivided and homes
constructed, there was not an ordinance in place that would have necessitated additional
setbacks from the rights-of-way. On this corner lot, with minimum setbacks, the property
owner would not be able to accommodate the carport without some relief.
Conclusion:
The staff recommends approval of the requested seven foot (7') variance to the required
twenty-five foot (25') setback based on the following findings of fact:
The granting of the variance will not be contrary to the public interest.
he literal enforcement of the ordinance will result in an unnecessary hardship
due to the exceptionally narrow corner lot.
. That by granting the variance, the spirit of the ordinance will be observed.
Appeals from the Board of Adjustment:
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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COUN IY 01' HARRIS
I. ,h., undmslym'td neGtS1EAED PUBLIC SURVEYOR. doherebvcerlily Ihallhe above
plat is a true rep.,!-senUtllUool a survey mBdoon Ihe ground undef my supefv;sion Thfue
are no uncroacl.men,son ,his IlIl)fler'V In Ihe tllne ot this survey and all impfOYft,nencs ara
wllllln Ihe boundftrtus Q'lhtS 'M'<'PeUV -"~
EXHIBIT A
OLAF A LARSEN .
ReQiS1~re4t"p~h}~rVeyo~ .
By -Q-~;4a&-~~-' ...
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OLAF LARSEN, INCORPORATED
REGISTERED PUBLIC SURVEYORS
141 2 BOIllNIE BRAE
HOUSTON. TEXAS
1-713-524.5147
. SURVEY OF:
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DATE: >::>v./8,1:)3/
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