HomeMy WebLinkAbout09-24-1992 Public Hearing and Regular Meeting ZBOA
MINUTES
ZONING BOARD OF ADJUSTMENT
SEPTEMBER 24, 1992
Members Present: Chairman Deborah Bernay, Board Members Charles Christensen,
Sidney Grant, Willie Walker, Bob Capen
Members Absent: All Present
City StatT Present: Director of Planning Chuck Harrington, Assistant City Attorney John
Armstrong, Planning Secretary Peggy Lee
I.
CALL TO ORDER
Meeting was called to order by Chairman Bernay at 7:03 PM.
II. APPROVE MINUTES OF THE AUGUST 27, 1992, BOARD OF
ADJUSTMENT MEETING
There were no amendments or corrections to the minutes. Chairman Bernay
declared the minutes approved as submitted.
III. CONSIDER SPECIAL EXCEPTION REQUEST SE92-OO3 WHICH HAS
BEEN REQUESTED FOR THE PURPOSE OF ALLOWING RICHARD'S
AUTO REPAIR AND USED CAR SALES, A LEGALLY ESTABLISHED
NON-CONFORMING USE LOCATED AT 2755 SOUTH BROADWAY, TO
EXPAND ONTO THE ADJACENT PROPER1Y LOCATED AT 2757 SOUTH
BROADWAY AND FURTHER DESCRIBED AS TRACT 18-F OF THE
CRESCEN1VIEW SUBDMSION.
Mr. Harrington informed the Commission that the request was being made
by WJ. Huber whose property is located at 2757 South Broadway and is
zoned R-3 High Density Residential. Located adjacent to this property is
Richard's Auto Repair and Used Car Sales, which is a legally established non-
conforming use located at 2755 South Broadway. The business has been non-
conforming since 1987. Mr. Huber's business is now closed and he wishes to
lease the property to Richard's Auto Repair and Used Car Sales so they may
expand their facilities. In order to do this, Richard's Auto Repair must obtain
approval from the Board of Adjustment to expand a non-conforming business.
The Board may grant such approval under the following conditions:
Page 2 of 4
Zoning Board of Adjustment
Minutes of September 24, 1992
1. The use may not expand beyond the lot of record.
2. The exception, if granted, may not serve to prevent the return of the
property to a conforming use.
3. The Special Exception must not adversely affect the value and use of
neighboring property or be contrary to the best public interest.
Both tracts of land are contiguous and owned by Mr. Huber. Although they
have individual legal descriptions they are registered on the tax roll as a single
combined listing. This satisfies Item # 1.
No building additions or modifications are proposed for the tract under
consideration. Richard's plans to use the existing parking lot. There are to
be no changes to the property, therefore, this satisfies Item #2.
The non-conforming use which was established for the property was a bar.
If the special exception were granted, it would be for a business that normally
operates Monday through Saturday during normal business hours. This use
would be more compatible to the neighboring area than a tavern whose peak:
business hours are usually evenings and weekends. This seems to satisfy Item
#3.
Based on the facts provided staff recommends approval of the request.
Sidney Grant expressed concern that if the Board granted approval of this
request, would this create a problem for the Board in the event of future
requests for similar action.
Mr. Harrington stated that he disagrees with the current method the City uses
to describe property. Mr. Armstrong stated that the City had an accepted way
of dealing with lots of record that are outside the generally accepted
subdivision replat and plat requirements. Although Mr. Armstrong noted that
there wasn't anything wrong with this practice he hoped that in the future we
might exercise, through the Planning & Zoning Commission, an updated
process that is more consistent with the intent of state law.
After discussion among Board Members regarding whether or not they wanted
to allow a change of business at this location, Chairman Bernay asked for
representation by the applicant. She swore in W J. Huber.
Page 3 of 4
Zoning Board of Adjustment
Minutes of September 24, 1992
Mr. Huber stated that Richard's Auto Repair wanted to use his property to
park their used cars. When asked by Chairman Bernay how long the tavern
had been closed, Mr. Huber replied that the liquor license had expired
September 15, 1992.
Chairman Bernay swore in Drew Adams of 200 Crescent View Drive. Mr.
Adams stated that he had heard that Richard's Auto Repair wanted to
acquire the property in the back to park cars. Mr. Adams does not want
expansion to the back of the property which would encroach their
neighborhood.
A. PROPONENTS
There were none.
B. OPPONENTS
There were none.
A motion was made by Sidney Grant to approve Special Exception Request
SE92-003 and was seconded by Charles Christensen. The motion was
approved by a vote of 4 to 1 with Mr. Capen opposing.
IV.
STAFF REPORTS
The Planning Schedule provided in the agenda packet is an informational
item which may give everyone a better idea of the schedule of events during
the period from September through December, 1992.
VIII. ADJOURN
There being no further business to come before the Board, the meeting was
duly adjourned by Chairman Bernay at 7:43 P.M.
Page 4 of 4
La Porte Zoning Board of Adjustment
Minutes of September 24, 1992
Respectfully Submitted,
Peggy Lee,
Planning Secretary
Minutes approved on the 22nd
day of
Deborah Bemay, Chairperson
Board of Adjustment
October
,1992.
SPECIAL EXCEPTION REQUEST #92-004
ZONING BOARD OF ADJUSTMENT
SPECIAL EXCEPTION REQUEST
--------------------------------------------~~~l~~~~i~~-N~~~~=:-ZO~--
OFFI~..LJJSf;___O)'t~J: f_~~;___-_$_5_~~OO , Date Received: _.Jp-!:z.1-.9L.__.
R e c e i p t No.: _.65flg 'f
NOTI: This Fee is Non-Refundable Regardless of the Board's Decision.
---------------------------------------------------------_._._._--_._-~------
Applicant:
-r~&1-~_~_~~~._ ~~L(.:-__________
~{Q<:eJ31fl..k_Dt1ffi~ ND~~~ ---rY
/
Address
PH: ifZ[~L'1t,
I am the owner of the herein described property. I have authorized
____._._____._._._________._______u____ to act on my behalf in this matter.
Owner*:
Name
PH:
Address
I am requesting a Special Exception to Sect. of the City
Zoning Ordinance No. 1501'..A,~/~m rxquesting this Special Exce t'on for
property located at '11"5 O.M.L~1..L_. LtJr./3 r5lk...:i.
t? -- . S ~ o.-l Address p .s; ~el~l De~ti n
.MJ2t:1L _. EX-. _ V l!&.-Pt 57 fD _ A.M!JJ.$_~~/~ 39_________=1J" f '______
( ) 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
on the Owner's behalf.
JO_-lo - q2,
Date
m~ provide
~
Authorization to act
OFFICE USE ONLY
Site Plan and Authorization (if applicable) attached? Yes ( )
No ( )
Date transmitted to the Board of Adjustments:
Meeting Dat-e:
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 cDntrary 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 (LI) 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 abov~ conditions.
If there is not adequate rDom 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:
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PAGE 3
TYPE OF RELIEF BEING SOUGHT:
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l1nLdt~f~,Jr I -------------
THE GROUNDS FDR THE REQUEST:
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As s~~__~-.~u.aLJ6i. _._.__._____________.__.___._._.___._
_.__~'_____.____._.___._.__.__.___._.._._.__._.____._._--.------------.-..__._0______-
. .
CED/l-'87
Requested For:
Reauested By:
Zoning:
Purnose of Reauest:
Background:
:. :.: : :: : . : . : : : :: ::: : : : :: : : :: ::::::: : : ::::: : ::: :::: ::: : : :: :::: : : :: ::: ;;::;:: :: : : : . : : :: :: : : :: :::: : :: :::: :::::: : :: : : ::::::: :: :: : : : : : : : ::: ::: : ::: ::::::::::::::::::;::::: ~: :::::: :::::: :: ;:;:::::::;::::: .:: :.: ; : ;: :::;:. :.: . :.:. . . . .
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..........................................................................-..................
..........-.............................
.................. ...........,...
915 Oak Leaf which is further described as Lot 13; Block 3;
Shady River, Section m (See Exhibit A).
T.E. Baker & Sons, Inc., Owners
R-1 Low Density Residential
The applicant is seeking a Special Exception to allow an already
constructed garage, which extends two (2) feet into a utility
easement, to remain in place.
T.E. Baker & Sons, Inc., the applicant, has constructed a new
home with a detached garage which is located at 915 Oak Leaf.
The home, which is presently owned by the company, was
constructed for sale.
This property was surveyed prior to construction beginning and
the surveyor set reference markers on the lot. Due to what was
apparently a measurement error by the form setters, the house
and garage were placed two (2) feet closer to the rear of the
property than had been intended. The error was not discovered
until after construction was completed. As a result of this error,
one comer of the detached garage extends two (2) feet onto a
utility easement located at the rear of the property adjacent to
Taylor Bayou.
Zoning Ordinance Section 10-300.2 allows detached accessory
buildings, such as this garage, to abut but not encroach into a
utility easement. The two (2) feet of encroachment in this case
places this property in violation of City Ordinance. It will also
make it impossible for a prospective buyer to obtain a loan for
purchase of the house. There are three (3) possible methods
to resolve this problem. The first would be to demolish the
garage and slab so it could be relocated.
Page 2 of 3
Zoning Board of Adjustment
Special Exception Request #SE92-004
The second option would be to have the easement closed and
abandoned. It is staffs understanding that the applicant is
going to pursue this option. It is, however, a time consuming
process ultimately requiring the lot in question to be replatted.
The third option is to petition the Board of Adjustment for a
Special Exception to allow the two (2) foot encroachment. This
is the purpose of this request.
Analysis:
The Special Exception requested by the applicant is not
specifically listed by the Zoning Ordinance. Section 4-201 does,
however, empower the Board to consider special exceptions
concerning non-conforming structures. The garage is
considered non-conforming due to the easement encroachment.
Additionally, Ordinance Section 11-605 allows the Board to
consider exceptions concerning deviations to yard requirements.
The request also falls into this general category. The Board
should, therefore, be empowered to consider this request.
In making a determination, the Board must consider the
ordinance requirement that a special exception only be granted
if it can be shown that granting 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)".
City records confirm the applicant's statement that the utility
easement is unused. Given the easement's location, staff feels
that it is not likely to be used for future utilities. The house
and garage satisfy all other ordinance requirements for setback
and lot coverage. The structures comply with flood elevation
requirements.
Conclusion & Recommendation:
Based on the facts of this case, granting the requested exception
would not adversely affect neighboring property, nor does it
appear to be contrary to the best public interest. Under the
guidelines of the Ordinance Sections 4-201 and 11-605, the
request is eligible to be considered for a special exception.
Staff, therefore, recommends granting Special exception SE92-
004.
Page 3 of 3
Zoning Board of Adjustment
Special Exception Request #92-004
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, dilly 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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Zcn~ "AE." Map It 4820IC0315C:j (C1-"28- '10)
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SPECIAL EXCEPTION REQUEST #92-005
CITY OF LA PORTE
\,
ZONING BOARD OF ADJUSTMENT
SPECIAL EXCEPTION REQUEST
--------------------------------------------~~~li~~~i~~-N~~~--9J:-'~~-
OFFI~.f:___~S~___9J'!h_.J: F-~~;.__~1.?_Q.: 00 Date Received: -lil1lil..._.__.
Receipt No.: ~.~/q~
NOTE: This Fee is Non-Refundable Regardless of the Board's Decision.
----------------------------------------------------------------..-------
11/l S. _1/ !-..~t1._A/._._.Ji__{1! ~€ l-/J I ~f!~../~ I AJ (;-
$1J Name
.s.A.IJ.~_.A!J/..ff,e.WIJ~ Su,n=- 5"S'0 PH: ?~L~I q
I!IJUSrdAJ.I rjres~? OSG.
/1 _ I am the owner /2f the herein described property. I have author ized
~_~_e..M_.-_C~---~-!:d.-~---.---.-. to act on my behalf in this matter.
l1/ls. 1lL.~/J~ JJ. (1l.o6"I:.dLOtL. (' --1-1c.,AjCi-
Name
__..&A./1<E.~ _~d_fl ~)_.__._._.___
, Address
Applicant:
Owner*:
PH:
I am requesting a Special Exception to Sect. 10 -SO)... of the City
Zoning Ordinance No. 1501. I am requesting this Special Exception for
property located at AJ'()~ ~1'l..6~-;)r V,6W
L 1/ Address Legal J2escripti~
()r ~ ~_~6SCGlJr YIi#w1 iJtt'oll.rG',J JlI9~~/.s COuAJT~
( ) Site Plan ( ) Minor Development Site Plan
( ) Major Development Site Plan ( ) General Plan
A 8ite Plan of the property ia'attachcd. Also, I have listed the
information requested below on the following pages of this form.
a) All facts concerni~g 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 m~ provide Authorization to act
on the Owner's behalf.
1"-/- 1.:1.
Date
~bJ e. ~q
Applicant's Sign~re
-----------------------------------------------------------------------
OFFICE USE ONLY
Site Plan and Authorization (if applicable) attached? Yes ( )
No ( )
Date transmitted to the Board of Adjustments:
Meeting Date:
Applicant Notified of Date:
Board's Decision:
Approved ( )
Denied ( )
Notice of Board Decision mail€o to Applicant/Owner:
Attachment to Zoning Board of Adjustment. Special Exception Reauest
I am requesting that you grant a Special Exception to the Zoning
Ordinance for the chain link fence which I have erected on the
water side of my property. Although this exception is not due to
one of the circumstances noted on Page 2 of the attached form, I
believe the exception is not contrary to the best public interest
and that it will not adversely affect the value or use of property
adjacent to my home.
I have a large number of young great grandchildren who visit my bay
home, and it would be a terrible tragedy if one of them should have
an accident because there were no fence to protect them from the
water. For this reason, I have erected a four-foot chain link
fence on the bay side of my home to protect them from the water.
Most cities have laws requiring a fence around swimming pools. I
believe that the proximity of my home to the water affords the same
danger to children as a swimming pool.
I understand that wooden fences are not allowed by the City because
of visual obstruction and prevention of the flow of air; and since
my fence is chain link, it meets your requirements in these two
regards. Before building the fence, I ascertained that the homes
on either side of my home would not be adversely affected. They
are both elevated to the point that their foundations are at
approximately the top of my fence; therefore, the fence does not
affect their view of the water.
I am 90 years of age, and my health prevents my handling this
matter directly myself; therefore, I have asked my son, Allan C.
King, to act in my behalf. His address and telephone number are
5005 Riverway, suite 550, Houston, Texas 77056, and (713) 840-1919.
Would you please inform him if there are any further steps that
should be taken to help in your evaluation of this request, such as
providing photographs or a site plan, or perhaps arranging a
personal visit to the house.
Thank you for your careful consideration of this request.
Adelaide C. King
October 1, 1992
=!!iIP!H!~i_I_I"j~jl!Jrllll!
::::::::::;:::::;::::::::::::::::::::::;:~:~:~:~:~::~~:~:~:~~:::::::~::::::::::::::::::::~:::::;::::::::::::::::::::::::::::::~~~::~::::::::::::::::::::::::::::::::::::;:::::;:::::::::::;:::::::::::::::::::::;:=:=:::::;:::;:::::;::::;:::::::;
....................... ........................................
. -. ........................
ReQuested For:
2803 Crescent View which is further described as Lot 4 of the
Crescent View Subdivision (See Exhibit A).
ReQuested By:
Mr. Allen C. King on behalf of Mrs. Adelaide C. King, property
owner.
ZoninS!:
R-l, Low Density Residential
Puroose of ReQuest:
The - applicant has erected a chain link fence parallel and
adjacent to the water line of Galveston Bay. This is in violation
of Zoning Ordinance Section 10-502. The applicant is seeking
a Special Exception to allow the fence to remain in place.
Background and Analysis:
The applicant's home is located at 2803 Crescent View. This
is a waterfront piece of property. The Zoning Ordinance
defines the front yard of waterfront property as "the yard
extending along the whole of the lot line directly adjacent to the
shoreline ... and the horizontal distance between the front lot
line and the front of the principal building (Section 3-100)."
The applicant has erected a front yard fence adjacent to the
shoreline of the bay. The fence which was erected without a
building permit, actually extends fifteen (15) feet beyond the
front property line and is located on public property (See
Exhibit B). Even if the fence did not extend beyond the
property line, it would be in violation of Zoning Ordinance
Section 10-502 which states "fences shall not be permitted on
the front lot line directly adjacent to Galveston Bay".
After receiving a complaint regarding the fence, the City
notified the applicant of the violation by certified letter (See
Exhibit C). This letter gave the applicant thirty (30) days to
Page 2 of 3
Zoning Board of Adjustment
Special Exception Request #SE92-005
remove the fence. The letter also specified that failure to
remove the fence within the specified time would result in
prosecution in Municipal Court. It was at this point that the
property owner applied for the Special Exception. Further
action will not be taken until after the Board has rendered it's
decision.
As noted, the fencing on this property was erected without a
building permit. Once the Board has ruled on this matter, a
building permit must be obtained for any fencing to remain on
the property. Staff will ensure that fencing conforms to the
Board's decision and all of the applicable City Ordinances.
While the Zoning Ordinance does empower the Board to grant
Special Exceptions for certain types of non-conforming
structures, it does not allow exceptions for structures located on
public property. Further it does not provide for exceptions for
types of structures that are as expressly prohibited as this type
of fence.
Finally, Section 11-605 only allows Special Exceptions to be
granted when the Board finds that doing so "will not adversely
affect the value and use of adjacent or neighboring property or
be contrary to the best public interest". Clearly, a structure that
interferes with access to public property will "affect the value
and use of neighboring properties".
Conclusion:
Based on the facts of this case, this structure is not eligible for
the requested Special Exception. Granting the exception would
be contrary to the best public interest. Staff, therefore,
recommends denial of Special Exception SE92-005.
Page 3 of 3
Zoning Board of Adjustment
Special Exception Request #SE92-005
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.
EXHIBIT A
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fT1 E A A S
ORDINANCE NO. IS01
September 8, 1992
CERTIFIED MAIL
iH? 102 755 100
Adelaide C. King
c/o GCi r .:/ 30 n t z
5005 Riverway, Ste 500
Ho~s~on, TX 77056-2123
VIOLATION 1..0CATION:
Lot ~; Crescent View
(2803 Crescent View)
Dear Mr. Bantz,
On the
City of ~a
found it to
28th of August, 1992, the Inspection Division of
Porte inspected the above referenced proper~y
be in violation of City Ordinance No. 1501.
the
and
Section 10-502 states that in the case of lots with front yards
directly adjacent to Galveston Bay, 4 feet chain link fences are
allowable on side orooertv lines, but not on the front lot line
adjacent to the bay. To abate the violation, vou must obtain a
oermit and disassemble the oortion of the fence on the front
orooertv line (adjacent to Galveston Bav).
As record owner of the property, you are given notice to
abate the violation within 30 days of receipt of this notice.
Failure to abate this violation within the specified time will
result in further action to insure compliance with the City
Ordinance. Further action could include formal citation being
issued and subsequent prosecution in the Municipal Court of the
City of La ?orte.
~~ you have any
concerning this matter,
writing to the City of
77572-1115. Thank you.
questions or require any information
please contact me at (713) 471-5020 or by
La Porte, P. O. Box 1115, La Porte, Tx
Sincerely, f
(,;1ft
C'~e~"- ,~~
~~s~~~t~~ ,-"eVeLl. g '\
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EXHIBIT C