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HomeMy WebLinkAbout10-27-1994 Public Hearing and Regular Meeting ZBOA MINUTES ZONING BOARD OF ADJUSTMENT OCTOBER 27, 1994 Members Present: Chairman Deborah Bernay, Board Members Bob Capen, Willie Walker, Sidney Grant, Ruben Salinas; Alternate Board Member Russell Ybarra Members Absent: Jim Zoller City Staff Present: Chief Building Official Mark Lewis, Assistant City Attorney John Armstrong, Planning Secretary Peggy Lee I. CALL TO ORDER Meeting was called to order by Chairman Bernay at 7:00 PM. II. ADMINISTER OATH OF OFFICE TO RUSSELL YBARRA, NEWLY APPOINTED ALTERNATE MEMBER TO THE LA PORTE ZONING BOARD OF ADJUSTMENT. John Armstrong administered the Oath of Office to Russell Ybarra. III. APPROVE MINUTES OF THE AUGUST 25, 1994, BOARD OF ADJUSTMENT MEETING. With no corrections needed, Chairman Bernay declared the minutes approved as presented. IV. CONSIDER VARIANCE REQUEST, WHICH IS BEING SOUGHT FOR THE PROPERlY WCATED AT 302 SOUTH VIRGINIA. THE VARIANCE IS REQUESTED FOR THE PURPOSE OF ALWWING 1WO EXISTING RESIDENTIAL DRIVEWAYS TO BE JOINED AND WIDENED TO A WIDTH OF 49 FEET. Mark Lewis presented staffs report for Variance Request V94-008. The variance is requested by Ronald Sharp, owner of the property located at 302 South Virginia. The variance is being sought for the purpose of allowing two existing residential driveways to be joined and widened to form a single driveway with a width of 49 feet. Page 2 of 4 Zoning Board of Adjustment Minutes of October 27,1994 Mr. Lewis noted there were 19 public notices mailed to surrounding property owners. Four replies were returned in favor, none in opposition, one returned undeliverable, and two favorable replies were submitted by the applicant. Staffs review of the request found the following: · Granting this request would be contrary to the best public interest for the following reasons: The additional driveway width would not promote traffic safety. The additional culverting necessary to support the requested driveway would exceed the maximum length established by the City drainage policy. Drainage policy has been developed and implemented in response to a mandate from City Council. · This request does not involve a hardship as defined by the Zoning Ordinance. · Denying the variance will not prevent reasonable development and use of the property. · Granting the variance will not uphold the spirit or intent of the Zoning Ordinance. Staffs recommendation was to deny Variance Request V94-008. A. PROPONENTS Chairman Bernay swore in Ronald Sharp. Mr. Sharp explained his situation and asked the Board to grant the variance. He submitted photographs showing his and adjacent properties. Chairman Bernay swore in Rosemary Sharp. Mrs. Sharp stated she did not understand staffs safety concerns. Mr. Lewis answered by saying that the intent of restricting driveway access is to limit access Page 3 of 4 Zoning Board of Adjustment Minutes of October 27,1994 points and help maintain improved visibility for drivers entering and leaving driveways. Chairman Bernay swore in Shirley Skelton. Mrs. Skelton agreed with the Mr. Sharp's testimony and feels the variance should be granted. Chairman Bernay swore in B. Don Skelton. Mr. Skelton addressed the Board. He also believes the Board should grant Mr. Sharp's variance request. Chairman Bernay swore in Sherry Bailey. Ms. Bailey stated that she is a neighbor to Mrs. Skelton. Mrs. Skelton, since she has a business out of her home, occasionally has large numbers of cars at her residence and in the 28 years she has lived next to her, there has not been a single accident or incident involving a car entering or exiting her driveway. B. OPPONENTS There were none. A motion was made by Sidney Grant to deny V94-008. The motion was seconded by Bob Capen. All were in favor and the motion passed. v. STAFF REPORTS Mr. Armstrong updated the Board regarding the Stevenson lawsuit. VI. ADJOURN Chairman Bernay declared the meeting duly adjourned at 8:30 P.M. Page 4 of 4 Zoning Board of Adjustment Minutes of October 27,1994 Respectfully Submitted, Peggy Lee, Planning Secretary Minutes approved on the 29th Deborah Bemay, Chairman Board of Adjustment day of December . 1994. SPECIAL EXCEPTION #SE94-003 CITY OF LA PORTE ZONING BOARD OF ADJUSTMENT SPECIAL EXCEPTION REQUEST ------------------------------------------------------------------.----- OFFI~j:___~~.f;___OJ!r".J : f_~ f;.; __ _ _,_$_5_~ ~ 0 0 Application No.: 5{{~i~ ~~'7 Da te Rece i ved : _LI.--:t/l./i.'L-- Receipt No.: __?L2L1-Y_-_ Regardless of the Board's Decision. NOTI: This Fee is Non-Refundable - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - _. - _. -~ _. -.... ... _.. -~ ... - - - -- Applicant: ~-(""I.~ {z:...__C.e~.Z~'::t..c:_w._____________. Name ~<;?L ~.:__J~~___2r--,--.---LA-Pc.~r~~~nc:... '77 h.2L Address PH: 4:"1.L=-}!_ 2... 2--- I am the owner of the 11erein described property. I have authorized _~l::-1t\1-.J__T_._G:.~&_~_______. to act on my behalf in this matter. Owner*: .1Vi.\.:.~L~.Q: ~._.)3I..d..>~._L _.__.___.________________ Name ___l..cjSJi...e~-.'.J.,~~M~--V.j~~B_\..!~--..&\.t=--- Address 4'1CC17 PH: (PI IF b'l1...i-?_ -{ J.-' I am requesting a Special Exception to Sect. '-boO U1.~ of the City Zoning Ordinance No. 1501. I am requesting this Special Exception for property located at 6l<;?__L~~f=2:c.._Jd1:?..r~~ 1'~_LZ5:z.L. Address Legal Description (v) 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. -L;J.-A.2.J.~- Da'te m~ provide Authorization to act ~~#Y- ._u_ _/ Applicant's Signature ------------------------.----------------------------------------------- OFFICE USE ONLY Site Plan and Authorization (if applicable) attached? Ye~ ~ No ( ) Date transmi tted to J the, Bo~rd of Adjustments: d'h~/ ry_____ lieeting Date: P-/~1/j':l Applican t Notified of Da te: -i.{,i--.-nu 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: ~-) Exceptions to front yard requirements jf front yard setbacks are not met on abutting pieces of property. (b) Exception to rear yard setbacks if any four (If) 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: Construct a 30' x 50' metal frame building for the purposes of relocating the ---------------.-------.... -,-.-----.-.- ""...'- - --..--.---.-.----- _ ~~~~~__~:~ ~:~~ _ ~:~~~~~~_.~.~.~~~.=:._.__~~.a t ~~~_.~~_~~!~~.:_~~!:~~~~~_!._~__J:.~_e:f e rr ed i~_____ front of current warehouse/manufacturing building facing 18th Street. .-------------- -.- -"-- .....-.....--.......-.... _.... -.--------- ----"---.-. ....-----.---------------.--.-..----.---...----.---.--- ------------.-----.------.-------------------------.-.-.-.-.-.-.-...-....---.-,-..-..-.- ..--.------------ _.._~~..............._.~~~~-~._--~-~._..--.........~~~~---_.~"._,._.__......" PAGE 3 TYPE OF RELIEF BEING SOUGHT: Building faci~~_~:"_~~~~~:.:eet will requ~~an_:~5ep.:ion ~_.E.!:-=_~.:_<?.:'-_~_y~!:.:l_____ requirement, Section 7.:::60..Q~_:!,~~le B, Ordinan_~_:_"]~~_~_~~_:_~_~<:'Y}_<i..._a!_~_<?~_ b':l~}._din~_ within 2' of property line. See site plan. ----.- ---. -.-.-. - -'-' -. ---.-. _. -. -'---' -. --_. -.- -. ------. _.- --~- -- - - _. -. ." ...-" -- -. _. -. -, _. --. -_._-~_. -'-' _.~-' ---.-. --_. - -.---. _._._. -- ._-_._--_._._-------_.__._._~---_._._--_..__._-_.__._.--.-.---.-.-..... -.-. -.- _.__....._. _. _. _. _. __. _. _. __. ___. _0___" ~_. _.__ ____ _. __ ___. _. ___. _____. _ _ _. ___. _ _________ ________ ------.-----.---.---.--.-.- -_._._-_._----------~._------_._.._---_.._._-------_._--------------- -----. _. ----..---.-..-.---..-.--.--------------.---.-__0_.- THE GROUNDS FOR THE REQUEST: The only other location at our current site for this office building is behind the main warehouse facing North. Located on the North end of property is the -----_._. --- -"---_. ------ ---.-.--- ____A __ _______________ _, _. ___ _..... __._. _'_ least desirable due to off street location. security, truck traffic. and" as our --.------.-.-.--.---......---.--------.--.-.-.-.----------.----~------- business and shipments will double. With the office building facing 18th Street, our customers, suppliers and visitors may approach via 18th Street or Poke Street. Our intentions are to upgrade our current facility located at 201 N. 18th Street -_.- ---.-------.-------.-----.---.-----.-------- -.- ---- _...-- -----... - - -- -."-.------- -------.-.---..---.--------.--------------.-.-- as follows: 1. Reskin complete current warehouse. 2. Construct South Central Regional office building which will allow us to -.-----------.--.--.-.--.-.------~-.--_______.____.__._------______0___.__---- consolidate the LaPorte, Ft. Worth, and Reserve, LA. accounting/customer service operations. 3. Construct a new production facility which will also allow us to consolidate the LaPorte, Ft. Worth, and Reserve, LA. production facilities. (Continued on next page) CED/1-'87 THE GROUNDS FOR THE REQUEST: (Continued) 4. Rework complete the railroad spur. PAGE 4 5. Grade and level the entire site. -.---------------..-----.- -.-.---.- 6. Pave entire East area surrounding new office, 18th Street, the majority of the ---------------------.----------- -- North side of warehouse, and as required on the West side of current warehouse. 7. Construct and employee recreational area on the South side of rail spur. 8. Security fence entire area. 9. Security lighting entire area. 10. Landscape in area where possible. At this time, we are uncertain 'as to the number of new jobs the consolidation will create, however we are emphasizing that any transfer employee or new hire employees live in the LaPorte area. CED/1-t87 ) -'--------"'..... I HARBORllTE cD P.O. BOX 770906, HOUSTON, TEXAS 77215-0906 (713) 780-9000 (800) 856-9997 FAX (713) 781-4320 December 5, 1994 City of La Porte P. O. Box 1115 La Porte, Texas 77572-1115 Attention: Mark S. Lewis Building Official Reference: Special Exception of Section 7-600, Table B, No. 1501 Dear Mr. Lewis: This is in reference to my visit last week with you and John Joerns concerning our building project at our production facility located at 201 N. 18th Street. The South Central Regional offices will relocate from Southwest Houston to that new office building. We will also consolidate our Ft. Worth, Texas and Reserve, Louisiana production facilities with_ our La Porte Plant. I would like to take this opportunity to thank you for your assistance in this matter. Please feel free to call me at our Houston office at (713) 780-9000. ~/k Julian T. Garcia Manager, South Central Region JTG/bm ReQuested For: Zonin~: ReQuested By: Purpose of ReQuest: Bac~ound: ::::::::::.::::.:::;:::::;:::::;:;:;:;:::::::::;:::::::::::;:::::;:::::::::;:::::::::;:::::::::::::::::::::::::::::::::::::::::::;:::::::::::::::::::::::::::::::::::::::;:::::::::::::::::::;:::;:;:::;::::::::::::::::::::::::: :.:.:.:.:.:..,:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.;.:.:.:.;.;.;.;.;.:.:.;.:.:.;.;.:.;.:.;.:.;.;.;.;.:;:.;.;.;.;.:.:.:.:.:.:.:.:.:.:.:.;.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.: ................................................ ............................................................... ...... .......................................................................................................... ..... .......................................................................................................... ................................................................................................................. ...........................8.............................~.......J........E...............................................................Bj........................................................................... if .... neciit \"xcention ..enuesti 1819440010U ........................................ 201 North 18th Street, which is further described as Block 691, Town of La Porte and a portion of the closed Polk Street right- of-way. (See Exhibit A) Ught Industrial (L.I.) Mr. Julian Garcia, on behalf of Harborlite Corporation, property owner. A special exception to the front building setback requirements of Ordinance 1501 is requested for the purpose of allowing construction of an addition to an existing commercial building. The applicants are also requesting a reduced front setback for new security fencing. The applicants are requesting a setback of 4.3 feet. The facility in question is a small processing plant. The facility operated for several years under the name Filter Media. The plant has recently been sold. The new owner is the Harborlite Corporation. The new owner intends to continue the present business activity of the plant, processing perlite. Perlite ore, shipped in by rail car, is processed into "expanded" perlite and then bagged for shipment. This process has been assigned an SIC use code of 3295. This is a Conditional Use in Ught Industrial (L.I.) zones. Even though this facility predates Ordinance 1501 by several years, the manufacturing process is one that conforms to current ordinance requirements. As is noted in the application, the office and fencing are among many improvements planned for the property. The applicants provided this list in order to provide the Board with a complete picture of the improvements planned for the property. However, the only issue the Board is being asked to consider is setback for the building and fencing. The other proposed improvements listed can be permitted subject only to normal staff review. It should be noted that expansion of the actual production facilities will require a Special Conditional Use Permit. The City Council and Planning and Zoning Commission oversee the Conditional Use review process. Zoning Board of Adjustment Special Exception #SE94-003 Staff Report - December 29, 1994 Page 2 of 5 Regarding the specifics of this request, the applicants are proposing to construct an approximately 30 foot by 50 foot office addition. The proposed addition is to have a front setback of 4.3 feet. Section 7-600.B of the Zoning Ordinance establishes a front setback of 20 feet in Ught Industrial Zones. The applicants are requesting a 15.7 foot reduction of setback requirements. The existing building at its closest point to the front property line maintains a 2 foot front setback (see Exhibit A). The applicants are also proposing to install new security fencing. They are requesting that this fencing be allowed to maintain the same front setback as the building addition. Analysis: Zoning Ordinance Section 11-605.2 defines a special exception as a specifically enumerated deviation from the requirements of the Zoning Ordinance. The Board is empowered to grant one of these "enumerated" exceptions only when it finds: . Granting the exception will not adversely affect the value and use of neighboring properties. · Granting the exception will not be contrary to the best public interest. Ordinance Section 11-605.2.b lists specific exceptions that may be granted by the Board. Among these is the following: · Any exception from the front yard requirements where the actual front yard setback of any abutting lot does not meet the front yard requirement. As noted, the existing process building (which predates Ordinance 1501 by several years) has a front setback of 2 feet. The property on which this facility is located is platted into 25 foot wide lots. All the lots are under common ownership with the existing portion of the facility on an "abutting" lot. The request, therefore, is eligible to be considered for approval. The next issue to consider is that of impact on neighboring properties. The proposed addition is to be used as an administrative office. As such, it should have no use related impact on any surrounding properties. As illustrated on Exhibit Zoning Board of Adjustment Special Exception #SE94-003 Staff Report - December 29, 1994 Page 3 of 5 A, there will be adequate on site paved area to accommodate all office parking needs. (Based on square footage and assuming 2 floors of office area, 10 spaces will be required.) As all parking and maneuvering will be contained on site, there should be no impact as a result of this issue. Side and rear setbacks comply with ordinance requirements. Lot coverage is well within ordinance parameters (maximum LI. lot coverage is 70%.) The only issue with which to be concerned is building and fence setback adjacent to the 18th Street right-of-way. Regarding this subject, staff would note the following: · North 18th Street is designated as a local collector street by the City's Thoroughfare Plan. · There is no planned upgrade of this designation. · 18th Street is an 80 foot wide right-of-way. The maximum paving width required for collector streets is 40 feet (Ordinance 1444, Table 5-1). · It should be possible to maintain a separation slightly in excess of 24 feet between the proposed building addition (and fence) and the actual edge of street paving. Based on these factors, there should be no impact on the use of 18th Street. The setback is adequate for traffic safety. The unpaved portion of the right-of-way will provide an open area separating building from street. The unpaved portion should also be adequate to accommodate future drainage or utility needs. As the addition will not impact the street, it should not impact any neighboring properties that depend on 18th Street for access. The final issue to consider is that of best public interest. Regarding this consideration, staff would note the following: · When originally constructed, this facility was in a rather isolated and secluded location. This is no longer the case. The location, due to street Zoning Board of Adjustment Special Exception #SE94-003 Staff Report - December 29, 1994 Page 4 of 5 improvements and development of surrounding properties has become somewhat prominent and is very visible. At present, the facility is quite frankly, unsightly. As noted in the background section of this report, the facility is under new ownership. · The present owners are proposing this addition as one of several improvements that should result in a significantly cleaner and neater facility. · Improving the appearance of this location will serve the best public interest. Conclusion: In reviewing this request, staff has found the following: · The request is covered by an exception specifically enumerated by Ordinance 11-605. It is, therefore, eligible to be considered for approval. · If granted, the exception will not have an adverse impact on surrounding properties. · If granted, the exception will not be contrary to the best public interest. Based on the facts and considerations noted above, staff recommends granting Special Exception #SE94-003 subject to the following conditions: . Building addition shall be located as illustrated on Exhibit A, the site plan attached to this report and identified as the Paving and Drainage Plan for Harborlite Corporation, project 114-94. . Minimum front setback for the building addition and security fence shall be 4.3 feet. . Under the terms of Development Ordinance 1444, Section 4.10, a Minor Development Site Plan must be submitted for approval by the City Zoning Board of Adjustment Special Exception #SE94-003 Staff Report - December 29, 1994 Page 5 of 5 of La Porte prior to building permit approval. The terms of this special exception, its identification number (SE94-003) and date of approval shall be noted on the site plan. Apneal: 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.