HomeMy WebLinkAbout07-22-1993 Public Hearing and Regular Meeting ZBOA
MINUTES
ZONING BOARD OF ADJUSTMENT
JULY 22, 1993
Members Present: Chairman Deborah Bernay, Board Members Sidney Grant, Willie
Walker, Alternate Board Members James Zoller, Ruben Salinas
Members Absent: Charles Christensen, Bob Capen
City Staff Present: City Inspector Mark Lewis, Assistant City Attorney John Armstrong,
Inspection Secretary Jasmine Ardion
1.
CALL TO ORDER
Meeting was called to order by Chairman Bernay at 7:01 PM.
II.
APPROVE MINUTES OF THE JULY 1, 1993, ZONING BOARD OF
ADJUSTMENT MEETING
With no additions or corrections to the minutes needed, Chairman Bernay
declared the minutes approved as presented.
III. CONSIDER V AR.lAl~CE REQUEST #V93-001. V AR.lAl~CE HAS BEEN
REQUESTED FOR THE PURPOSE OF REDUCING THE REQUIRED
FRONT YARD SETBACK OF THE FOLLOWING LOTS FROM 25 FEET
TO 20 FEET. LOTS 20; 21; 22; 23; 24; 46; 47; 48; 49; 50 OUT OF BLOCK
8; GLEN MEADOWS, SECTION V.
NOTE:
There was a problem with the tape during recording, therefore
some comments that may have been made regarding this item
are unavailable.
Mark Lewis presented the staff report recommending that the Board grant
V93-00 1.
A. PROPONENTS
Chairman Bernay swore in John Garner, of Municipal
Engineering, who spoke in favor of the request.
Page 2 of 4
Zoning Board of Adjustment
Minutes of July 22, 1993
B. OPPONENTS
There were none.
A motion was made by Sidney Grant to grant approval of #V93-001. The
motion was seconded by James Zoller. All were in favor and the motion
passed.
IV. CONSIDER SPECIAL EXCEPTION REQUEST #SE93-005. SPECIAL
EXCEPTION IS REQUESTED TO ALLOW EXPANSION OF A BUILDING
AND ACCESSORY FACILITIES OCCUPIED BY A NONCONFORMING
USE. THE PROPERTY IN QUESTION IS LOCATED AT 3900
UNDERWOOD ROAD WHICH IS FURTHER DESCRIBED AS TRACTS
698B; 699B; AND 815 OUT OF THE LA PORTE OUTLOTS. PROPERTY
ZONING IS R-1, LOW DENSITY RESIDENTIAL.
Mark Lewis briefed the Board regarding this request. He stated that 15
notices of the exception request were mailed to surrounding property owners.
One (1) reply was received in favor of the request, no notices were returned
in opposition. One (1) reply in opposition was delivered at the meeting.
Michael A Fisco, on behalf of Mary D. Fisco (property owner), has requested
a special exception regarding the property located at 3900 Underwood Road.
The exception would allow the expansion of a building occupied by a
nonconforming use, installation of a storm drainage system and improvement
of parking facilities. The tract of land is occupied by AAA Flexible Pipe
Cleaning Company. The business has been classified as a nonconforming use
since the 1983 Collegeview MUD annexation.
The applicants are wanting to enlarge their existing office building by
approximately 1046 square feet. Among the improvements to the property
that were mentioned, only the building expansion requires a special exception.
A building permit cannot be issued until a special exception has been
requested and granted.
The existing parking shown on the site plan is adequate to meet the needs of
both the existing facility and proposed additions. Currently the parking area
is oyster shell and gravel. This type of surface does not comply with Zoning
Page 3 of 4
Zoning Board of Adjustment
Minutes of July 22, 1993
Ordinance requirements for dust free parking and storage areas. Resurfacing
this area will bring it into compliance with City ordinance. The storm
drainage system should help improve the parking area. The landscape
improvements will satisfy the Zoning Ordinance's requirement that
nonresidential parking lots be screened from abutting residential zones.
Staff feels that all the mentioned improvements will have a favorable impact
on the value and use of this property and adjoining properties and
recommends granting SE93-005 with the following conditions:
This special exception shall allow construction of a building addition
to be located at 3900 Underwood Road. The size and location of the
building shall be as illustrated on the certified site plan prepared by H.
Carlos Smith, Engineers and Surveyors, Inc., identified as job number
2820-93 and dated June, 1993.
This special exception is contingent on construction of the
parking lot and landscaping improvements illustrated on site
plan #2820-93. A permit for construction of these
improvements must be obtained either prior to or at the time
of issuance of a building permit for construction of the office
addition.
A. PROPONENTS
Michael Fisco was sworn in by Chairman Bernay. During
discussion, Mr. Fisco stated his business has grown resulting in
a need for extra office space. Mr. Grant asked if he ever
cleaned pipe with toxic material. Mr. Fisco stated they mostly
clean sanitary sewer for cities and municipal districts. They also
perform work within refineries. There are no cleaning facilities
on site. Mr. Pisco asked that the Commission grant approval
of the request.
B. OPPONENTS
Carol Durr was sworn in by Chairman Bernay. She stated she
opposed this request because the expansion of the business has
created additional noise in her neighborhood. Several of her
neighbors have their homes for sale.
Page 4 of 4
Zoning Board of Adjustment
Minutes of July 22, 1993
A motion was made by Sidney Grant to approve SE93-005 based on the
conditions set forth by staff. The motion was seconded by Ruben Salinas. All
were in favor and the motion passed.
v.
STAFF REPORTS
There were none.
VI. ADJOURN
Chairman Bernay declared the meeting duly adjourned at 7:30 PM.
Respectfully Submitted,
Pe&:,oy Lee,
Planning Secretary
Minutes approved on the 2nd
day of
September
,1993.
Deborah Bernay, Chairperson
Board of Adjustment
SPECIAL EXCEPTION REQUEST #SE93-006
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ZONING BOARD OF ADJUSTMENT
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Application No..: j;3..::-2_~
D ate R e c e i v e d : __Q.8_:-::1? _ -: J 3
R e c e i p t No.: ____1t_Li ~.EL.._
Regardless of the Board's Decision.
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NOTI: This Fee is Non-Refundable
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Applicant:
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t/ ' ~ame ;,-' ~ r< )
Le23lP__k.._Ly_J_!.:.'-d.r:j.... fA; { '. PC) -LJ 6 -< 2 0'2-
Address
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I am the owner of the herein described property. I have authorized
____________________._____...___u_____. to act on my behalf in this matter.
OIAner* :
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Name
PH:
Address
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(V) Site Plan ( ) Minor Development Site Plan
( ) Major Development Site Plan ( ) General Plan
a Special Exception to Sect. of the City
No. 1501. I am requesting this Special Exception for
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. Add;-ess , ~ I Legal Description
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J.. 8m request...lng
Zoning Ordinance
property located
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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.
"""
to act
* If applicant is NOT the owner, he must
on the Owner1s behalf.
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Date
(y
nature
------------------------.-----------------------------------------------
OFFICE USE ONLY
Site Plan and Authorization (if applicable) attached? Yes (~ No ( )
Date tr-ansmi tted to the Board of Adjustments: ~ 7e"J __._.___
Meeting Date: ~~/_1?..__ Applicant Notified of Date: _._-"/5'_-F.._____
Boardls 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
cumstances:
Ci",_
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(3) 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 (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 cn 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 Applicant1s responsiblity to prove
that a Special Exception will meet the above conditions.
If there is not adequate room on the remcd.nder 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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TYPE OF RELIEF BEING SOUGHT:
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THE GROUNDS FOR THE REQUEST:
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CED/1-187
Reauested For:
Zoning::
Reauested Bv:
Puroose of Reauest:
Bac~ound:
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~~~~~~~~~~~~g~~~~~ct~est)>
324 West Main Street which is further described as Lots 11 and
12; Block 58; Town of La Porte (see Exhibit A).
General Commercial (G.c.)
J.J. Meza, property owner.
The applicant proposes to demolish the existing building at this
location and replace it with a new, larger structure. The
request seeks to allow the new building to be erected with
"zero" front and side setbacks that match those of the existing
building. The application also seeks to have off street parking
requirements waived. The exceptions are being requested
under the provisions of Zoning Ordinance Section 11-605.2.
The building presently located at 324 West Main is a single
story 2,500 square foot frame building (see Exhibit B). It is
presently occupied by two businesses. Arcoaire, a refrigeration
contractor occupies the front portion of the structure. Another
contractor, Coastal Air Conditioning occupies the rear. The
building is in poor condition. Structural problems include a
cracked foundation slab and what the applicant has described
as chronic and serious roof leaks. Due to the poor structural
condition, Mr. Meza the owner, has abandoned his initial
intention to repair and enlarge the present building. He feels
it will be more economical to demolish and replace the
structure.
The present building, which is sometimes referred to as the
Sullivan Building, is a typical Main Street structure in that it is
located on the front and side property lines with no appreciable
setbacks. The structure which Mr. Meza proposes to build
would have, essentially the same front and side setbacks. As
noted, the new structure is to be larger. It will, more or less,
match the width of the present building but extend deeper onto
the property (see Exhibit C).
Page 2 of 7
Zoning Board of Adjustment
Staff Report 9-2-93
SE93-006; JJ Meza
In order to construct the building as proposed, the applicant
must first obtain a special exception to the setback provision of
Zoning Ordinance Section 6-500. Under the terms of this
section, buildings constructed in General Commercial zones
must maintain a front setback of 20 feet. Additionally, a
setback of 10 feet must be maintained adjacent to side street
rights-of-way.
The applicant is requesting the exception to these requirements
under the provisions of Ordinance Section 11-605.2.b.
Paragraph #1 of this section allows "exception from the front
yard requirement where the actual front yard setback of any
abutting lot does not meet the front yard requirement."
Paragraph #5 allows for "yard exception[s] on corner lots." This
is the provision under which Mr. Meza is requesting the
exception for side setback.
The other component of this request is to waive the off street
parking requirements of Section 10-609. Under the terms of
this section, the building Mr. Meza proposes to erect would
require a minimum of 17 parking spaces (based on 2500 square
feet of retail area and 1500 square feet of shop area). He is
requesting that off street parking provisions be waived. This
exception is being requested under the provisions of Section 11-
605.2.c which allows the elimination of "off street parking ,..
requirements when the Board finds the same are unnecessary
for the proposed use of the building...."
Zoning Ordinance Section 11-605.2 empowers the Board of
Adjustments to consider and grant the types of special
exceptions requested above. In addition to the specific
conditions already mentioned, the Zoning Ordinance requires
the Board to consider the following issues:
The special exception will not adversely affect the
value and use of adjoining property.
The special exception must not be contrary to the
best public interest.
Page 3 of 7
Zoning Board of Adjustment
Staff Report 9-2-93
SE93-006; 11 Meza
Analysis:
Additionally, Ordinance Section 11-607 empowers the Board to
"impose on any... special exception, any condition reasonably
necessary to protect the public interest and community welfare."
As illustrated on Exhibit "A", the property in question is located
adjacent to a building with a "zero" front setback. It is,
therefore, eligible to be considered for the front yard exception.
As the property is a corner lot, it is also eligible to be
considered for the requested side yard exception. Given the
location in the "Main Street Business District", zero setback
development is appropriate and compatible with the
surrounding area. Staff has no problem supporting this aspect
of the request.
The other component of the request deals with parking. With
previous requests (dealing with the Main Street area), the
Board has granted special exceptions waiving off street parking
requirements. Granting this type of exception for customer and
employee passenger vehicles should not pose a problem. The
exception should not, however, be extended to cover company
service vehicles.
As noted, the companies which operate from the present
building are contractors. To the best of staffs knowledge, these
companies will remain as the occupants of the new building as
welL It is not appropriate that parallel parking on Main Street,
or the intersecting side street be used for parking of company
vans or trucks.
The proposed building is to be 80 feet deep. This will leave a
45 foot by 49 foot open area which will be located between the
rear of the building and the alley. The alley is presently
surfaced (shell and gravel) and used as driveway. Staff would
recommend that this area be developed and utilized as follows:
Page 4 of 7
Zoning Board of Adjustment
Staff Report 9-2-93
SE93-006; JJ Meza
.
The area should be surfaced in a manner that
will comply with the requirements of Zoning
Ordinance Section 10-605.6.
Driveway access should be provided from the
alley.
A landscape buffer, designed in accordance with
the requirements of Ordinance Section 10-605.11
shall be installed and maintained between the
surfaced area and the adjacent North 3rd Street
right-of-way.
The area shall be used solely for deliveries,
parking of service vehicles and dumpster pad.
There shall be no outside storage.
The next issues to be considered are those of impact on the
surrounding area and the best public interest. The City is
currently in the process of developing several updates to the
Comprehensive Plan. These include both "Visions '89" and the
"Bayfront Master Plan" currently under development. Several
key elements of the Bayfront plan have already been identified.
The element that has currently been assigned the highest
priority is the need to upgrade bayfront access corridors,
specifically, along West Main and San Jacinto Streets.
The City's Planning and Zoning Commission, working in
conjunction with the planning firm of Mitchell, Carlson and
Associates, has identified the portion of West Main Street,
located between 4th Street and "Five Points" as an area
deserving special emphasis and consideration. The
recommendations being developed call for the "old town"
quality of this area to be preserved and enhanced with
continued development as a specialty shopping district to be
encouraged. The means of furthering these goals include
continued improvements to sidewalks and landscaping, as well
as architectural standards aimed at preserving and enhancing
the streetscape.
Page 5 of 7
Zoning Board of Adjustment
Staff Report 9-2-93
SE93-006; JJ Meza
The Sullivan Building is in such poor condition that it is frankly,
not worth saving. It is, however, a well recognized building in
a very prominent location. Given the considerations noted
above, it would not be in the best public interest nor would it
favorably impact the value and use of adjoining properties to
demolish the Sullivan Building and replace it with a modern,
metal warehouse type of structure. The applicant, in
discussions with staff, has indicated his agreement with these
concerns. While he is proposing to build a metal building, he
intends to match the facade of the Sullivan Building. He has
also stated that he plans to have a stucco finish on
approximately 30 feet of the new building's west wall.
As noted, Ordinance Section 11-607 empowers the Board of
Adjustment to attach additional conditions to special exceptions.
With this is mind, staff would recommend that the Board, in the
interest of preserving the character of the Sullivan Building,
state as conditions of the special exception the following:
The new structure, as proposed by the applicant,
be designed with a "store front" facade that
retains the character of Sullivan Building.
The front and at least 30 feet of the west face of
the new building, also as proposed by the
applicant, be covered with a stucco finish.
A final issue to be considered is that of encroachment. The
applicant did not submit a survey in conjunction with his
application. Although a survey is not required for the
consideration of this request, a certified site plan (survey) must
be submitted and approved prior to issuance of any building
permit for a new structure.
The information submitted by Mr. Meza indicates that both the
existing and proposed buildings are 50 feet wide. A review of
the City's records indicates that the total combined width of
Lots 11 and 12 is 49 feet. Additionally, the Sullivan Building
appears to be set approximately one foot off the side property
line on the eastern face of the property. This suggests that the
Page 6 of 7
Zoning Board of Adjustment
Staff Report 9-2-93
SE93-006; JJ Meza
Conclusion:
building could presently encroach as much as 2 feet onto the
North 3rd Street right-of-way.
This encroachment (should it be verified by survey) is not legal.
The Board of Adjustment is under no circumstances
empowered to grant any special exception that would allow a
structure to encroach onto a public right-of-way. Should the
Board decide to grant this exception, it must be clearly noted
that no portion of the structure (even if as a result, the width of
the proposed building must be reduced) may encroach onto a
public right-of-way. The applicant has indicated that he
understands this issue. He has stated that he is willing to
reduce the width of the new structure should it be necessary.
Based on the facts and considerations noted in the preceding
report, staff finds this request to satisfy Zoning Ordinance
guidelines. Staff, therefore, recommends that Special Exception
SE93-006 be granted subject to the following conditions:
· The front setback shall be reduced to zero.
The side setback, adjacent to the North 4th Street
right-of-way, shall be reduced to zero. No
portion of the structure shall, however, encroach
beyond the property line and onto the public
right-of-way.
· Off street parking requirements for customer and
employees shall be waived. Company vehicles
shall be parked on premise.
· A rear setback of at least 45 feet shall be
maintained.
· The rear setback area shall be surfaced in
accordance with the provisions of Zoning
Ordinance Section 10-605.6 with driveway access
being provided from the adjacent alley.
Page 7 of 7
Zoning Board of Adjustment
Staff Report 9-2-93
SE93-006; JJ Meza
Appeal:
· There shall be no outside storage.
· The rear parking area shall have a landscape
buffer designed in accordance with the provisions
of Zoning Ordinance Section 10-605.11 and
located adjacent to the North 3rd Street right-of-
way. Design and planting plan for this buffer
shall be approved by the Director of Planning.
The new structure proposed for this site shall
have a store front facade designed to, as closely
as possible, match the facade of the Sullivan
Building. Final design approval shall be granted
by the Director of Planning.
· At least 30 feet of the western face of the
proposed building shall be covered with a stucco
finish. Final design approval shall be granted by
the Director of Planning.
The following language shall be noted on the
certified site plan which is to be submitted for
this project: As per the terms of Special
Exception SE93-006, granted by the La Porte
Zoning Board of Adjustment on September 2,
1993, front and side setbacks have been reduced
to zero. Requirements for off street parking of
passenger vehicles have been waived.
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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