HomeMy WebLinkAbout06-23-1994 Public Hearing and Regular Meeting ZBOA
MINUTES
ZONING BOARD OF ADJUSTMENT
JUNE 23, 1994
Members Present:
Chairman Deborah Bernay, Board Members Bob Capen,
Willie Walker; Alternate Board Member Ruben Salinas
Members Absent:
Board Member Sidney Grant; Alternate Board Member Jim
Zoller
City Staff Present:
Director of Planning Charles Harrington, Assistant City
Attorney John Armstrong, Inspection Secretary Jasmine
Ardion
I. CALL TO ORDER
Meeting was called to order by Chairman Bernay at 7:05 PM.
II. ADMINISTER OATH OF OFFICE TO REAPPOINTED BOARD OF
ADJUSTMENT MEMBERS.
John Armstrong administered the Oath of Office to Chairman Bernay and then
swore in Willie Walker, Bob Capen, and Ruben Salinas simultaneously.
III. APPROVE MINUTES OF THE MAY 26, 1994, ZONING BOARD OF
ADJUSTMENT MEETING.
With no corrections needed, Chairman Bernay declared the minutes approved as
presented.
IV. CONSIDER VARIANCE REQUEST V94-007. VARIANCE HAS BEEN
REQUESTED TO BUSINESS INDUSTRIAL SIDE AND REAR SETBACK
REQUIREMENTS AND DRIVEWAY WIDTH REQUIREMENTS. REQUEST
HAS BEEN MADE FOR THE PURPOSE OF ALLOWING DEVELOPMENT OF
A FACILITY TO BE LOCATED IN THE 100 BLOCK OF NORTH 18TH
STREET. REQUESTED SIDE AND REAR SETBACKS ARE 10 FEET.
REQUESTED DRIVEWAY WIDTH IS 25 FEET.
Mr. Harrington reported the request was made by Cynthia Koehler, agent for Gus
Brieden, for the purpose of allowing construction of a new business facility with
side and rear building setbacks of ten feet and construction of a 25 foot wide
driveway. The property is located in the 100 block of North 18th Street and is
zoned Business Industrial.
Page 2 of 3
Zoning Board of Adjustment
Minutes of June 23, 1994
Mr. Harrington noted that, as proposed, the development would not be contrary
to the best public interest nor would it be contrary to the intent and spirit of the
Zoning Ordinance. Staff recommended approval of Variance Request #V94-007
subject to the following conditions:
Minimum side setback shall be 10 feet.
· Minimum rear setback shall be 10 feet.
· Minimum driveway width shall be 25 feet.
· Prior to permit issuance, a landscape plan for this site shall be
submitted for review by the City's Director of Planning.
· The date and specifics of this variance shall be noted on the
certified site plan that is to be submitted prior to permit approval.
· This variance does not constitute a building permit nor does it
supersede the requirement to obtain a building permit prior to
developing this site.
Mr. Harrington stated eleven (11) public notices were mailed to surrounding
property owners and two (2) were returned undeliverable.
A. PROPONENTS
Chairman Bernay swore in Cynthia Colvin Koehler. Ms. Koehler
told the Board she was purchasing the property from Mr. Brieden.
B. OPPONENTS
There were none.
Bob Capen made a motion to approve Variance Request #V94-007 with the
following conditions:
· Minimum side setback shall be 10 feet.
Page 3 of 3
Zoning Board of Adjustment
Minutes of June 23, 1994
· Minimum rear setback shall be 10 feet.
Minimum driveway width shall be 25 feet.
· Prior to permit issuance, a landscape plan for this site shall be
submitted for review by the City's Director of Planning.
The date and specifics of this variance shall be noted on the
certified site plan that is to be submitted prior to permit approval.
· This variance does not constitute a building permit nor does it
supersede the requirement to obtain a building permit prior to
developing this site.
The motion was seconded by Willie Walker. All were in favor and the motion
passed.
v. STAFF REPORTS
There were none.
VI. ADJOURN
Chairman Bernay declared the meeting duly adjourned at 7:35 P.M.
Respectfully Submitted,
Peggy Lee,
Planning Secretary
Minutes approved on the
4th
day of
August
,1994.
Deborah Bernay, Chairman
Board of Adjustment
SPECIAL EXCEPTION REQUEST #SE94-001
,. -
713-690-0380 C~L DIVE INT'L.
JUL-li:::-~4 TUt lUictJ
~'
360 P02/07 JUL 13 '94 09:15
FAX NO. 713471/168 P.01
CITY O~ LA PORTE
ZONING BOARD OF ADJUSTMENT
SPECIAL EXCEPTION R!Q~EST
~~~~~~~-~-------~-----~-~-~~~~~~~----------~----~----------~.~M_~____~~
Applioation No, ~ ___~___~_
.Q.EE1~-Y.~L.PJU,J : l"A-: L _ _...ts.. f!~ 00 Da te n ece i ved i -.2lli;1L~~ _ ___
Rece1pt No.: _
~: This Fee is Hon-R~rundable Rega~dlea8 of the Board,S-Dooia10n.
.~------~~~~~--~-~~-----~-------------------------~-------~~~....~----~~
Appl1canti
Owen Kratz
--- - - - --...,Name -.......- ---..... -----........~...-
13430 Northwest Freeway, Suite 3501 Houston, TX PH: lli2l..g90-1818
-----"-......... -- A(ldres;--'----'" 77040
I am the owne~ of the herein desoribed prope~ty, I have authorized
---------.........................r-............_........... to act on my behalf in t.his matt~r.
Owner.;
Owen Kratz
"2503 . ~~:::~..;~:~~:y!:;:~:_.;;Wj,;;;;-_.._
........ .......... ..... .,.-------Add ress----- - - -....-----
PH ~ (7!~.L1Z!~7
I aUI requesting a Special ElCcept1ot1 to Sect. _____..___~ of the City
Zoning Ordinance No. 1$0', I am reque$t1ng thj~ Spec1~1 Exception for
property looated at J:..pj:j_l. & 2 of .P.loJ:_k_]_ of _Beck I s addition ..t..9... Oalchl.!r~~ additi'on
Addre33 Legal De~cription
.an addi~io!lJn. the city of LaPorte. __________.______~_______~____.____
(x) Site Plan ( ) Minor Development Site Plan
( ) Major Devel~pment Site Plan ( ) General Plan
--------- ---...... .........-.. -..-........ ~ 'P". ...__....________________...._____
A Site Plan of the property 1s attacbed. Also,! have l1ated the
information requeeted below on the following pe~eG of this ~orm.
a) All facti conoernins the ~atter that ha~ led up to this request.
b) T~e type of relief I am seeking (a$tbacks~ lot coverage. etc.).
e) The grounds UPQn which I am making th1a requeat.
, If app110ant 1~ HOT the owner, he m~ provide Authorization to act
on the Owner's behalf.
July 13, 1994
---'Date
~ J~_____
Applicantr~ Signature
~~~"~---~-----------------~--~~-----------------~-~-------------------~
OFFICE USE ONLY ,
Sjte Plap and AuthQrization (it applicable) attached? Yea (~ No ( )
Date t,.nsm1tUd to th7 Bo.,d .Of Adjustment$; . &/'-1) iJ ~
Meet1ng Date: ~J..::l!_1._LL_ Applicant Notified of Date.: -'1_0."'BU_
Board'S Decision: Approved ( ) Den1ed ( )
Noti~e of Board DeQ1eion mailed t4 Applioant/Owner;
-..-.. -..........-_....----.......
713-590-0380 CRL DIVE INT'L.
JUL-12-84 TUE 10:26
". 4r.' t
350 P03/07 JUL 13 '94 09:15
FAX NO. 7134717188 P.02
PAG~ 2
A Special Exoeption !s a devia~ion trom tn~ requ1r~ments of the
Zoning Ordinance. 8e~ore they grant a special ~xoeption, The Board of
Adjustments muat determine that the exoeption 15 pot oantra~y to the
beat publ1c interest and will not ~dversely arrect the value ~r uae of
a~jo1n1ng property.
Speciel e~cept1on8 may be granted for tne following items only;
C1> The reoonstruct1on of or addition to a b~ild1ng gce~p1$d
by e non-oQnfOrm1ns use. Additions cannot extend PQ8t
th_ lot oocupied by the original structure or u,e. The
reconstruction or use oannot prevent the property from
~et~~n1na to a oonforming uso.
..t..fIl.. _ _ ..,
(2) DeviatiOn of yard requirements ~nder the following c1r-
cuznstanoes~
(a) tXQeptiona to front yard requirements if front yard
set~aoke are not met on ~b~tt1ng p1ece3 or property.
(b) Exception to rear yard 8e~bagks it any four (q) lots
within a blook do no~ meet setback re~u1roment5.
Co) Exoeption~ to yard requirements on oorner lotG-
(~) !~oeptiop~ to frQpt yard requ1rementa if eX1Gt1ng
front yard $etDaok~ on a bloak are not un1fo~m.
<3> Wa1v1n& or reduot1on of off street PQrk1~g and loading
r'Qu1rQm~nte 1f the 5o~rd feels they are unneoe~~ary
tor the proposed us. of a buildinB or pieoe or property.
Pleese rememoer 1t ~~ tha App11oa~t'$ responsiblity to proVe
that a Speo1al SXQ$~t1on will meet the above condltion~.
If there is not adequate room on the rematnder of this form to
~i5t ~ll pertinent information, please feel free to attach an
additional lette~ or any information and exb1b1ta you feel the Board
should oonsider.
FACTS RELEVANT TO THIS MATTER:
2..~J.!!."t!!:. of June 15. 1994 ~_
---.----- ---.. -........ ----------....--
.......... ....... - -. - - -- -- - - - -...--....-------.-..---- .....-............---......."....................................----------...
...........M'.iIo....
............
...........-...----- -....---......----.--. .~
~-----~~~~pp~...
- ..-.-.--...........~ ~
.... ... _....-...1... .......... ..~"""'-.
------ -....--.----..~-----------..--...................-............-...- --....j -.. .'W"M' " .. ......... ... ........"...,.____.....
~----------~-_____....~.w~~~~_
~ ~ ,.... ~ ~
713-690-0380 CRL DIVE INT'L.
JU~-1~-~q lUt 1UI~(
., .
360 P04/07 JUL 13 '94 09:17
FAX MO. 7134117168 P.03
PAGE ~
TYPE OF RELIEF BEING SOUGHT:
An upgrad~ of the ex~tin9 stru~ture through replacemen~ wi~~ set._~ac~.~~~_
five feet (5') f~om the northern lot line next to Oakhurst.
..--------.....................-.... . ~ ~. .............--..-.---.-.....--..--...-...--.....------
------>>t..-..,.._...___...............
______ ______ __...........IMM"........__.__ -- - - - r.,.... _..... .....'" ... -__ _______ -----____ _____
--.... ......-..............
-. ...~-----_...._-----.............,-,-_._---
_________'....____.__.~_______ __.._____.............,M.....,...._ 17 "'... ..A___._____
---- --..."........---.----.....--- ------....--.---
, t
T. ~~r....._._~~________l~~.. ....--
... --------
- ---..-..--.................... ...-----
..~.....--- ~......
THE GROUNDS FOR THE REQUESt;
l:.v. 5~ s tenoe of the prese.'1.t...llr.!JSJ:.ure for m~.[I...tL.Y.e_a.rJJjJJJllLnJtj.ru;.oJ1.Y.~Jl.ienc~ '"
to the corrmun;~:!, .:__ ___ _._ _____~_-.r___....---.._..___~O..... .................._
2. Past precidence in recQgnizing the existing fence line.
-.---- ----...........--...-------.--------
3. To relocate a new structure changes the character and thus the value of the
..-T".............. ... . ....,. . ..............._-.....-___.._..... .,.-____...w_...._ ~~~. -----------.-----
_o.u...~~f!~~~y for the ~~!'~..:....___.__._. .
4. Existence of mature landscaping around the present structure site.
.,.......,Jlh./l1.. __ --oO!l --.....-- --....--------.........,.....-
5. The five feet (51) deeded to the city of LaPorte from the lot appears to
___. _.............. ........... ....'" _"_.______ -__...._ _ _.. . _ ,. . ~...-.. -...... --.... - _ _.. .. .........." II" ..._....II'M______.____.........__.___
have been for an eas~~t fo~~ septic tank ?~~j*~]j~E~jJ~~2~J~~2~~E._
except for surface water run off.
11"1~._"""'~- __ --......~~ 1 .1.JUf ---------.. ---- - -----
6. The five foot .~:L~~~1.~!!.lESl~~iDs9D~ie!ls:!!_j:9 tl1~ G.PD!lJluni:tY-~j~
_-!~~!:!~~ O,akhurst i.~!!g:L~..!br.Q11JI!Lst!.~__________......__, H__.....
7. The landscaping of the street,Jas well as the five foot (51~easement is
........---.- . ~ -----~-_......_...-.......... -.......-
__-,!!a in!<!ined b~ the property ~.2't1D~r~.. , ________...___
8. There are other encroabhments~on.;setbacks in the area which are not enforced.
~.____4 ~~~--____.~~
CE])/1-187
713-590-0380 CRL DIVE INT'L.
350 P05/07 JUL 13 '94 09:17
OWEN KRATZ
2503 Crescent Shores
LaPorte. Texas 77571
(713) 690-1818
June 15. 1994
-... '-'~.~ j,;-. ....,~.
City of LaPorte
Post Office Box 1115
LaPorte, Texas 77572-1115
Attention: Mr. Mark Lewis
Reference: Building upgrade and Setback Variance
Lots 1 & 2 of Block 3 of Becks Addition
to Oakhum: Addition an Addition in the
City of LaPorte
Dear Mr. Lewis,
I appreciated the opportunity to speak: with you the other day. By this time, you should have
received an architect's drawing and a legal description from Mr. Tim Broadheud.
I purchased the above referenced lot at Auction in March of 1994 and closed in April. . I was
extremely impressed with the compound nature and feel of the property. It was my intention
to renovate the existing house. The original structure is seventy years old and has been added
onto over the years and as recently as 19837 I have had builders, architects and stroctural
engineers look at the house and have tom out portions of the interior to best assess the condition.
Much of the additional work, as well as the original construction is not up to current building
codes. Any worthwhile renovation which would include foundation work, filling under the
house and bringing everything up to code is prohibitive on a cost effective basis. A partial
renovation leaving anything that may not actually require upgrading to code is not a very
desirable final product in my mind.
713-590-0380 CRL DIVE INT'L.
350 P05/07 JUL 13 '94 09:18
City of LaPorte
June 15. 1994
Page 2
It. is my desire to upgrade the existing structure through replacement in a manner that preserves
the compound feel, as well as the waterfront architecturnl feel of the property. Ideally I I would
like to put a new house on the same site. After:receiving the official survey of the property, I
have been told that to build on the existing site is in violation of the setback laws. The.existing
house is 1 '9ft from the official lot line and 6'9" from the original lot line which is still the
existing fence line. The 5' between the lot line and the fence was given to the city as an
easement"fOr a septic ta.i1.k out-fall. around"1923. The septic t.ankS and 'easement are 'no longer
used. I have retained Henicke Surveying Company to research and verify this; however. I am
. not sure how long it may take since the records are old and have been passed from the county
to the city at least once. In 1963, there was some sort of legal proceedings regarding the
property involving the fanner owner, Karl Johnson, represente9 by Mr. John Kibler. At that
time, there was a determination made that the St did indeed belong to the City of I..aPorte;
however, directions were given to Mr. 1ohnson to continue to treat the 5' in question as part of
hls lot. I am in the process of tIying to locate the documentation of this event. ,
To reposition the new house to be in full compliance with the setback laws as written for a street
and with full regard to the official lot line is undesirable both fOf me and I believe for the
community .
1. The new position would place the house 15' from the fence resulting in a loss of a
majority of the deck area, a mature hedge and at least one mature tree.
2. The compound feel of the property would be lost. The nature of this property, in my
opinion enhances the neighborhood. To detract from this detracts from the ultimate. value
of the property and indirectly the mrrounding properties.
3. The street along this lot dead ends into the bay and the driveway for this lot is the only
thing the street provides access for other than occasi.onal parking for people fishing.
4. The existing structure has been in the position in question for seventy years and has
never been an inconvenience to the community.
5. Due to the mature landscaping, neither the existing structure nOf the proposed structure
is even very visible from the street.
713-690-0380 CRL DIVE INT'L.
360 P07/07 JUL 13'94 09:19
City of LaPorte
June 15. 1994
Page 3
As a compromise option. I would like to position the new house 10' a.<.l a setback from the fence--
line instead of the official lot line. This would still allow for the prescribed 5' setback from the
official lot line if at some point in the future, the road was purchased and built on. This
proposed position, given the no thoroughfare nature of the street and the status of the easement
as unused in my opinion, falls within the intent of the setback laws, lX'ses no inconvenience to
the community and preserves the character that the lot has had for some seventy years. given
. the hist..orie-positon of-the existing house, I feel that there is precOOent for- allowing the variance.
I will of course continue to try and provide the supporting documentation as mention.eid if I can
or as it is necessaty. However, it is my hope and my request that the City allow me to upgrade
the existing structure through replacement within the proposed plan that I have submitted. My
fiance and I will be married on July 30th and it is OUf hope to have the new house completed
as soon as possible. If there are any questions or anything that I need to do, please do not
hesitate to call me at any time at (713) 690-1818. I will phone you as we go along and provide
you with any updatea to the surveyor's te$:atCh results.
Best regards,
~4
Owen Kratz
OKlrm
ReQuested For:
Zoning:
ReQuested By:
Pumose of ReQuest:
Background:
111111111.1111111
......................................................
"". .................
Lots 1 and 2; Block 3; Becks Addition to Oakhurst which is
further described as 2503 Crescent Drive. (See Exhibit A)
R-l, Low Density Residential
Owen Kratz, property owner.
The applicant plans to demolish the house presently located on
this property. The property is a comer lot. Zoning Ordinance
Section 5-700 establishes a 10 foot building setback adjacent to
a side street right-of-way. The applicant is requesting a special
exception to allow construction of a house with a 5 foot setback.
The special exception has been requested under the provisions
of Zoning Ordinance Section 11-605.2.
Before discussing this request directly, it will be useful to review
certain matters that, although unrelated to this request, may be
raised during the course of the Board's hearing. First, surveys
and site plans label the street adjacent to the rear property line
as "Oak" Street. Staff, based on our research, feels this is the
proper name for this street. However, by whatever means, over
the years the street has come to be known as "Crescent Drive."
As this is the name that is commonly used and recognized, it is
the name used by staff in this report.
The second item regards fencing. At some point in the past, a
previous property owner fenced a 5 foot strip of the Oakhurst
right-of-way (see Exhibit A). This matter was raised with City
Council in 1984. Council, at that time, chose not to require
removal of the fence. It did not, however, cede any rights or
claims to that portion of right-of-way. This has been an item of
some controversy in the neighborhood. Minutes and records
from the Council meeting at which the fence was discussed have
not been included in this report. They have, however, been
placed in the file that has been set up for this request and are
available should any Board member wish to review them.
Zoning Board of Adjustment
Special Exception #SE94-001
Staff Report - August 4, 1994
Page 2 of 4
Please note, Exhibit A to this report clearly denotes the
location of both the side fence line and the actual surveyed
property line. All setbacks discussed in subsequent paragraphs
are measured from the surveyed property line. The fence line
is not a factor in this matter.
As noted, the property in question is located on a comer lot.
The home presently on the property, which was erected
sometime in the 1920's, is located 1.9 feet from the side
property line. Due to age and structural damage sustained
during Hurricane Alicia, this home is in rather poor condition.
Based on assessments made by a structural engineer and
professional building contractor, the applicant has determined
that renovation of the home is not feasible. He, therefore,
contacted the City regarding requirements for building a new
home on the property.
Zoning Ordinance Section 5-700, Table B (footnote) requires
that a primary structure maintain a setback of at least 10 feet
from a side street right-of-way. The applicant is requesting that
this setback be reduced to 5 feet. He has made this request for
the following reasons.
The present house on the property is oriented
parallel to the waterfront. He wishes to maintain
this orientation in order to maximize the bayfront
exposure and maintain the present character of
the property.
. Locating the proposed home over 5 feet from the
side property line would result in loss of extensive
deck area, loss of existing landscaping and the
probable loss of at least one well established tree.
Analysis: Ordinance Section 11-605 empowers the Zoning Board of
Adjustment to grant certain enumerated special exceptions.
Among these is "a yard exception on corner lots." Paragraph 2
of this section defines a special exception as a "deviation to the
terms of this [Zoning] Ordinance. This paragraph also charges
the Board of Adjustment to grant a special exception only when
-..,--~"",...." --....'--..~~-"._..--"""',.,,_.,
Zoning Board of Adjustment
Special Exception #SE94-001
Staff Report - August 4, 1994
Page 3 of 4
it finds the following:
. The special exception will not adversely affect the
value or use of adjacent or neighboring property.
. Granting the special exception will not be
contrary to the best public interest.
Regarding the use and value of neighboring property, two
factors should be considered:
. The applicant is making a serious effort to
maintain the present character of the property.
The proposed home should in no way affect the
use of neighboring properties, nor should it in
any way alter any existing access or views of the
bay.
. Construction of the new home will serve to
increase the value of this property. This should
in turn, help to conserve and possibly enhance
surrounding property values.
Regarding the best public interest, staff notes the following:
. Oakhurst Street dead ends into the bay. Other
than providing access to residential driveways, it
is not suitable for vehicular traffic.
. The existing home is located less than 2 feet from
the side property line. The proposed home is to
be set 3 feet further from the side property line.
If at some point in the future, the City chose to
upgrade this section of Oakhurst for the purpose
of improving pedestrian access to the bay, a 5
foot side yard setback should be adequate to
make this type of development practical.
Zoning Board of Adjustment
Special Exception #SE94-001
Staff Report - August 4, 1994
Page 4 of 4
Conclusion:
ADpeal:
For these reasons, it is staffs oplmon that granting this
exception will serve the public interest.
In summary, staff finds the following:
. This request satisfies Ordinance prerequisites and
is, therefore, eligible to be considered for the
requested exception.
. Granting this exception will not adversely affect
the value or use of neighboring properties.
. Granting this exception will not be contrary to
the best public interest.
Based on the facts and considerations noted above, staff
recommends granting Special Exception #SE94-001 as
requested.
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 Vemon'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.