HomeMy WebLinkAbout08-04-1994 Public Hearing and Regular Meeting ZBOA
MINUTES
ZONING BOARD OF ADJUSTMENT
AUGUST 4, 1994
Members Present:
Chairman Deborah Bernay, Board Members Bob Capen,
Willie Walker, Sidney Grant; Alternate Board Members
Ruben Salinas, Zim Zoller
Members Absent:
City StatT Present:
Director of Planning Charles Harrington, City Attorney Knox
Askins, Planning Secretary Peggy Lee
I. CALL TO ORDER
Meeting was called to order by Chairman Bernay at 7:02 PM.
II. OATHS OF OFFICE
Knox Askins administered the Oath of Office to Sidney Grant and Jim Zoller
simultaneously.
III. APPROVE MINUTES OF THE JUNE 23, 1994, ZONING BOARD OF
ADJUSTMENT MEETING.
With no corrections needed, Chairman Bernay declared the minutes approved as
presented.
IV. CONSIDER SPECIAL EXCEPTION SE94-001, REQUESTED FOR 2503
CRESCENT DRIVE, WHICH IS FURTHER DESCRIBED AS LOTS 1 AND 2 OF
BLOCK 3; BECKS ADDITION TO OAKHURST. THE EXCEPTION IS
REQUESTED FOR THE PURPOSE OF ALLOWING CONSTRUCTION OF A
NEW RESIDENCE WITH A FIVE FOOT SIDE YARD SETBACK ADJACENT
TO A PUBLIC RIGHT-OF-WAY.
Mr. Harrington reported the property in question is located at 2503 Crescent
Drive and is zoned R-l, Low Density Residential. The property owner, Owen
Kratz, is proposing to demolish the house presently located on the property. Mr.
Kratz plans to rebuild a house and is requesting a special exception allowing a 5
foot setback as opposed to the 10 foot required by ordinance.
Page 2 of 3
Zoning Board of Adjustment
Minutes of August 4, 1994
Mr. Harrington addressed a few items he felt needed some clarification, however,
he reminded the Board that these items were unrelated to the actual special
exception request.
. Surveys and site plans label the street adjacent to the rear property
line as "Oak" Street. The commonly used street name is "Crescent
Drive" and is referred to as such during staff's report.
A previous property owner fenced a 5 foot strip of the Oakhurst
right-of-way. In 1984, the matter of the fence was brought before
City Council. Council chose not to require removal of the fence,
but did not cede any rights to that portion of the right-of-way. The
fence has been an item of controversy within the neighborhood.
Mr. Harrington concluded by saying it was staff's opinion that granting this
exception would not adversely affect the value or use of neighboring properties
and that granting this exception would not be contrary to the best public interest.
Staff recommended granting Special Exception #SE94-001.
Mr. Harrington stated sixteen (16) public notices were mailed to surrounding
property owners. Five (5) responses were received in favor of the special
exception; one (1) in favor with the condition the fence be removed; six (6)
opposed; and one (1) returned undeliverable.
A. PROPONENTS
Chairman Bernay swore in Owen Kratz. Mr. Kratz told the Board
he planned to rebuild the home comparable to the size and location
as the old one, so the view and the character of the neighborhood
should not be altered.
Mr. Kratz added the fence in question is not located on his property
so he does not feel it should be an issue relevant to the Board's
decision.
Chairman Bernay assured him the issue of the fence would not be a
consideration in the Board's rendering of a decision.
Page 3 of 3
Zoning Board of Adjustment
Minutes of August 4, 1994
Chairman Bernay swore in Doris Dugat Reynolds. Ms. Reynolds
wanted to address the Board on behalf of the other property
owners. She said Doyle Westergren usually spoke on their behalf
but he was on vacation.
City Attorney, Knox Askins, asked Ms. Reynolds if she was opposed
to Mr. Kratz's request for a special exception for a five foot setback.
Ms. Reynolds stated she had no objection to the exception, however,
she is opposed to the City allowing the fence and landscaping in
question to remain in place.
B. OPPONENTS
There were none.
A motion was made by Bob Capen to grant Special Exception #SE94-001. The
motion was seconded by Sidney Grant. All were in favor and the motion passed.
v. STAFF REPORTS
There were none.
VI. ADJOURN
Chairman Bernay declared the meeting duly adjourned at 7:28 P.M.
Respectfully Submitted,
Peggy Lee,
Planning Secretary
Minutes approved on the 25th
day of
August
,1994.
Deborah Bernay, Chairman
Board of Adjustment
SPECIAL EXCEPTION #SE94-002
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CITY OF LA PORb~
i\cCEIVEO JUL 2 '5 j99A
ZONING BOARD OF ADJUSTMENT
SPECIAL EXCEPTION REQUEST
-
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OFFIG~_._~~.E;_._QKr".)': f_~~;_ _ _,._$_5_~ ~ 00 Da te Rece i ved: _.__:f.::~'f.q-,{il-
Rece i pt No.: __.3.25.. ~_
NOT&: This Fee is Non-Refundable Regardless of the Board's Decision.
--------------------------------------------- ------------ -.-.-. - - - -.......------
Applicant:
Bill steverson, Michael Brady" IhCc.
-----.-.- - -.-.- -.-.-.-.-.-.-.-.---.--.-.------------..
Name
813 Northshore Drive, Ste. 101
---- --- ---.-.-.---.-.-------
Address
PH: (6151_~~~-0999
I am the owner ~f the herein described property. I have authorized
__.__._._______._____._._.___.___~_______. to act on my behalf in this matter.
Owner*:
Hi.ghw.ay _ Transport_.lnc_ _'_'__'_'__ --.-. --. ---- ---'-'---.
Name
---- -----....-.-.-.------------.------.-.-.-.-.-.-.-.-----.--
PH:
Address
La PO:r;'!:e "_~'
Dust Free Surfacing
a Special Exception to Sect. ~___ of the City
No. 1501. I am requesting this Special Exception for
at Block 798 and.AdiaG..ent._l.7th st J.,ll Py .
Address Legal Description
(q!:lJ~.?t street betWeeI]. West D_.Str.e.e.Land..Nes.t...R.B.tr.ee.t..)-.__.
I am requesting
Zoning Ordinance
property located
(x) 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.~oncerning 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
on the Owner's behalf.
to. act
__..?/1/94
Date
------------------------.-----------------------------------------------
OFFICE USE ONLY ~
Site Plan and Authorization (If' applicable) attac~?. ;"1 () . No ( )
Date transmitted ,..7 the Board of' AdjUstments:"Lf/#_~
Meeting Date: ~1~_ Applicant NotiIied of' Date: i!':r.........
Board's Decision: Approved ( ) Denied ( )
Notice of Board Decision mailed to Applicant/Owner:
_.- - -..-------.---
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,.
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 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 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 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
additional letter or any information and exhibits you feel the Board
should consider.
FACTS RELEVANT TO THIS MATTER:
Highway Transport Inc. currently owns and operates on the Site
directly adjacent to the Site in question, they wish to expand
the op,ration onto ,that: Site. The new Site will have no permanent
buildings on it. It will be used for tractor-trailer parking.
The site that Highway Transport Inc. operates on now, is a gravel
._._._._---~--------_.__._.__._._------_._.__._._._._....---------.----
surface.
-.....--.-.-.-.-.------.-.-.-......--.-.-.--- --..- ---.
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PAGE 3
TYPE OF RELIEF BEING SOUGHT:
Due to economic factors, Highway Transport wishes to surface the
Site in question with a Gravel Surface. The cost involved in
concrete or asphalt surfacing are economically infeasible for
Highway Transport, Inc. We propose to surface the Site w/8" of
Lime stabilized soil covered by 8" of Compacted Limestone Gravel.
The perimeter of the site will have an 8" extruded conc. curb set
2" below Gravel surface to contain any loose surfacing. There will
be areas of reinf. conc. to provide support where trailer will be
parked.
THE GROUNDS FOR THE REQUEST:
_?~_~gg_.1.9_cate9 ilL_an IJ)dustxial Park" the .f..a.c.t_J:b.at_QUL...c.urr.e.nt. Si re
is a Gravel Surface and that the new Site is an extension of our
current, we would like to request permission to use a Gravel Surface
--.--.----.----------- --------
on the new Site. We would, of course, take precautions about soil.
conditions in our surfacing. Th~(current location for Highway
Transport, Inc. is a good one, one in which they have resided for
many years. There has been no apparent dust problem with their
surfacing, and we think, if Gravel Surfacing is allowed, there
will continue to be no dust problems ,on the new Site.
CED/1-187
ReQuested For:
Zonin2:
ReQuested By:
Purpose of ReQuest:
Backwound:
IliIRtl\llllrRiii"1~1111111Il
Block 798 and adjacent alley; Town of La Porte, which is
further described as being located in the 500 block of South
18th Street.
L.I. (Light Industrial)
Bill Steverson, on behalf of Highway Transport, Inc. (property
owners).
The applicant is seeking a special exception to Zoning
Ordinance requirements for dust free parking. The exception
is requested for the purpose of allowing construction of a gravel
parking lot.
Highway Transport, Inc. is a trucking company with an existing
terminal facility located at 520 South 16th Street. The tract in
question abuts the existing facility. Both the 500 block of South
17th Street and the alley located in Block 798 have been closed
by ordinance and subsequently purchased by Highway
Transport. All of the property described above is zoned Light
Industrial (L.I.). Truck terminal operation is assigned a
Standard Industrial Classification (S.I.C.) listing of 4231. This
listing is permitted in L.I. zones. All of Highway Transport's
business activities conform with applicable zoning requirements.
The only issue in question is the type of surfacing to be used for
the parking area.
Zoning Ordinance Section 10-605.6 states: "All areas intended
to be utilized for parking space and driveways shall be surfaced
with materials suitable to control dust and drainage." The
applicants are seeking a special exception to this provision. The
exception is being requested under the provisions of Section 11-
605.2.c which empowers the Board of Adjustment to "waive or
reduce off-street parking and loading requirements when the
Board finds the same are unnecessary for the proposed use of
the building or structure for which the special exception request
applies".
Zoning Board of Adjustment
Special Exception #SE94-002
Staff Report - August 25, 1994
Page 20f 4
Analysis:
Zoning Ordinance Section 11-605 empowers the Zoning Board
of Adjustment to grant special exceptions when the Board finds:
. The exception will not adversely affect the value
and use of adjacent or neighboring property.
· The exception will not be contrary to the best
public interest.
As noted, the applicants wish to use gravel to surface the
proposed parking expansion. Gravel has not previously been
accepted as an acceptable parking surface for the following
reasons:
· Gravel requires routine maintenance and
replenishing in order to remain dust free. It
tends to shift leaving thin spots and exposing the
underlying soil. Gravel also tends to sink into the
"gumbo" soil found in La Porte.
· It is difficult to contain gravel within a site. Stray
rock tends to be scattered onto neighboring
property.
· Water moves easily through gravel making it
difficult to maintain a controlled drainage plan.
The applicants have taken specific steps to address these
concerns. These measures, which are also illustrated on
Exhibits A and B, are listed below.
· The new parking area is to be ringed by concrete
curbing. The curbing will extend both below
grade and six inches above the gravel surface.
· The applicants plan to use limestone gravel. This
type of stone tends to be angular with relatively
sharp edges. The shape of the stone allows it to
be effectively compacted and stabilized. This
type of stabilization is not as effective with the
more rounded river gravel that is commonly used
for driveways.
Zoning Board of Adjustment
Special Exception #SE94-OO2
Staff Report - August 25, 1994
Page 3 of 4
· The gravel is to be placed over an eight inch
layer of lime stabilized soil. Lime stabilization is
a method of treating soil prior to constructing
roads or parking lots designed to support heavy
loads. This method of treatment will
substantially increase the strength of the soil and
prevent the gravel from being absorbed into the
ground. The lime stabilization will make it
possible to compact the overlying gravel into a
stable and durable surface.
· Concrete pads designed to support trailer legs
will prevent concentrated loads from digging into
and displacing the gravel.
· The perimeter curbing, as designed, will confine
stormwater within the facility. This, in
conjunction with a series of catch basins and
underground drain pipes, will ensure an adequate
controlled drainage system.
As designed, this parking lot should control dust and drainage
to a degree that is adequate to satisfy ordinance intent. This
leaves the issues of impact on neighboring properties and the
best public interest.
As noted in the background section of this report, the Highway
Transport property is located in a Light Industrial zone. It is
not in close proximity to any non-industrial property or
development.
The existing portion of the facility (developed prior to adoption
of current zoning regulations) is already surfaced with limestone
gravel. The existing facility is well maintained and has
functioned unobtrusively and with no discernable impact on
adjoining or neighboring properties. The proposed expansion
will not abut any other properties. Public rights-of-way will
surround the entire facility. Based on these factors, in staff's
opinion, the proposed surfacing should have no impact on
neighboring properties. Granting the requested exception
should, therefore, not be contrary to the best public interest.
Zoning Board of Adjustment
Special Exception #SE94-002
Staff Report - August 25, 1994
Page 4 of 4
Conclusion:
Anneal:
In summary, staff finds the following:
· As designed, the finished parking area surface
would provide adequate dust control and
drainage.
· Based on successful use of this type of surfacing
on the existing facility and the separation from
adjoining properties, there should be little or no
impact on adjoining properties.
· Granting the exception will not be contrary to the
best public interest.
Based on the facts and considerations noted above, staff
recommends granting Special Exception #SE94-002 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 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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