HomeMy WebLinkAbout03-28-1996 Regular Meeing and Public Hearing•
Minutes
~ ,~ ~
ZONING BOARD OF ADJUSTMENT
MARCH 28, 1996
Members Present: Vice Chairman Sidney Grant, Board Members Willie Walker,
Bob Capen; Ruben Salinas, Jim Zoller
Members Absent: Chairman Deborah Bernay, John Willis
City Staff Present: Director of~Planning Guy Rankin, Assistant City Attorney John
Armstrong,; Planning Secretary Peggy Lee
I. CALL TO ORDER
Meeting was called to order by Vice Chairman Grant at 7:05 PM.
II. CONSIDER 1~HNTJTES OF THE JULY 27, 1995, MEETING.
With no objections from the Board, Vice Chairman Grant declared the minutes
approved as presented.
III. CONSIDER APPEAL OF THE ENFORCEMENT OFFICER'S DECISION ~A96-
001, WffiCH HAS BEEN REQUESTED FOR THE PROPERTY LOCATED AT
2231 SENS ROAD. APPLICANT IS APPEALING THE DENIAL OF A
BUII.DING PERMIT FOR CONSTRUCTION OF A~BUII~ING THAT WOULD
NOT COMPLY WITH REAR BUII.DING SETBACK REQUIREMENTS. .
Mr. Rankin presented staff s report for Appeal of the Enforcement Officer's Decision
#A96-001. Fourteen (14) public:notices were mailed to surrounding property owners.
Four were returned in favor and four returned in opposition of the appeal.
Mr. Rankin noted that the appeal was requested by James Forrest, the owner of the
property located at 2231 Sens Road. Mr. Forrest was denied a building permit for
construction of a new 17,000 square foot building addition due to failure of the
building to maintain a 40 foot rear building setback required for structures located in
BI zones.
Staff s review of the request found the following:
• Staff s decision to deny the requested permit was proper and the only
action that could bie taken based on ordinance requirements.
• As applied to this 'specific site, strict application of BI rear setback
requirements appears to be unreasonable. '
• Granting this appeal would not convey any special privilege to this
property.
•
Page 2 of 2
Zoning Board of Adjustment
Minutes of Mazch 28, 1996
• Granting this appeal would not violate~the spirit or intent of the Zoning
Ordinance, or Comprehensive Plan. .
Staff made a recommendation to the Boazd to grant the appeal subject to the applicant
providing additional landscape screening. -
A. PROPONENTS
Vice Chairman Grant swore ~in Alan Ward. Mr. Wazd spoke in favor
of the appeal for Forrest Services being granted.
Vice Chairman Grant swore in James Forrest. Mr. Forrest explained
his reasons for requesting the appeal.
B. OPPONENTS
There were none.
A motion was made by Bob Capen to grant Appeal of the Enforcement Officer's
Decision #A96-001, subject to the following condition:
• Landscaping is to be installed as specified by Exhibit "C" (attached).
The motion was seconded by Jim Zoller. All .were in favor and the motion passed.
IV. STAFF REPORTS
There were none.
V. ADJOURN
Vice Chairman Grant declared the meeting duly adjourned at 7:40 P.M.
Respectfully Submitted,
Peggy ecretary
Board of Adjustment
Minutes approved on the 18th day of April , 1896.
Sidney ,Vice Chairman - -
Boazd o djustment
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Appeal of the Enforcement Officer's Decision #A96-002
CITY OF LA PORTE
ZONING BOARD OF ADJUSTMENT
APPEAL OF ENFORCEMENT OFFICER'S DECISION
-----------------------------------------------------------------------
' ~ Application p1o.: 96 _ 002
OFFICE USE ONLY: ~ ~ Date Received: 3-21-96
-----------------------------------------------------------------------
Applicant: Rudy G. Hikary.,~
Name
922 S. Broadway, La Porte,~TX pH; 471-7773
Address
I am the owner of the herein described property. I have authorized
to act on my behalf in this matter.
Owner*:
Name
Address
PH:
I am appealing the decision regarding or the interpertaton of
Sect. 10-605 FG 10 of the City~Zoning Ordinance No. 1501. I am making
this apppeal in regards to the property located
at 501'W. Fairmont, La Porte, Lots 28 thru 32, Block 1105, City of La
Street Address Legal Description Porte
(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 concerning the matter that has led up to this request.
b) The type of relief I am seeking (setbacks, lot coverage, etc.).
XX(c) The grounds upon which I am making this request.
~ If applicant is NOT the owner, he must provid A h r.ization to act
on the Owner's behalf.
3-21-96 •
Date Applicant's 'gnature
OFFICE USE ONLY
Site Plan and Authorization (if applicable) attached? Yes ( ) No ( )
Date transmitted to the Board of Adjustments:
P~eeting Date
Applicant Notified of Date:
Board's Decision: Approved ( ) Denied ( )
Notice of Board Decision mailed to Applicant/Owner:
•
•
PAGE 2
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 fee•l~the Board
should consider.
FACTS RELEVANT TO THIS'•;ATTER:
I am constructing a convenience store with branded gasoline at
the herein described property. The current city code allows only
one 25' driveway cut per 150' of frontage on Fairmont Parkway.
TYPE OF RELIEF BEING SOUGHT:.
To allow for proper traffic flow and ingress/egress I am requesting.
an additional 25' driveway on the Fairmont Parkway side of the property,
i.e., two drives on the 125' that I have bought. Also, I will have
deliveries, including 18-wheelers, which may block my customers with
only one drive.
GROUNDS FOR THE REQUEST:
My customers stay an average of only 4~minutes, so there will be a lot
•of in/out traffic, unlike a doctor's office or beauty shop where cars
stay for an hour or so. I would like to move the cars~in and out quickly
and one drive does not permit quick access. My store on 922 S. Broadway
has two drives and traffic flows well onto Broadway. Also, the dentist
building to the west of my property has only one drive on more than 150'
so my added drive would not clutter the street with drives.
CED/1-'87
~~
r
~;al''; :--~~"~~ .~ ~ PERMIT APPLICATIbN FORM
Building / Mechanical *Electrical *Plumbing
*(See back of form)
Project Address: .~S'D ~ IA1 Fa~J~~9'Y~' ~, Lot: d ~-~3~
Subdivision: ~ ~' ~ ~ . __ Block: ~~ ~L5
Owner's Name: ~ R F 0o ~, 1'Ytfl RT ~d (f2 udy G . i~~~ k R~RY~ Phone: ~ ~/ - 77 z3
Address: q ~a ~ ~ L I
' Street City Zip
Contractor: ~ ~~'k1'1~Q1L Phone: (_1
Address:
Street City Zip
Engineer: ~ .
J j
Designer: ~
Building Use: _ r ~t~LILJ Sq.' Footage: ~ Stories:
For City Use Only
Occupancy Type Flood Zone Class Work Sq. Ft.
Construction Type Use Zone ~ Stories Parking Requested
Cos~rnercial Buildings Plans Only -Fire Marshal Approval: Date:
Checked/Approved for Issuance By: ~ ~ N'~E D ~ • w~~M~~ Date: a2/ - rl6
Special Conditions: ~ D F rys ~.~ Z3 SSE D an/ ~ F.= G u R E /0 - ~ C.Cu r~ (3 R-nrf~
DR~V.zn~~ c,~r-~.rt;g) .~~c~- ~o -~~os • czTy zo~;~~ oat ~~sof
Permit No. - Permit Fee ~ ! (attach to actual permit)
_,:
•
•
Appeal of the Enforceia~t Officer's~:~:.Decision
. ~ ~ #A96=002 - ~ .
Requested Bx:
Rudy G. Hikary, property owner.
Requested For:
Lots 28-32; Block 1105; Town of La Porte, which is further described as being located at 501
West Fairmont Parkway. (See Exhibit A)
ZOning
General Commercial (GC)
Purpose of Appeal:
The applicant is appealing the decision of the Enforcement Officer to deny a building permit for
construction of a new gas station/convenience store to be located at 501 West Fairmont. Parkway.
The permit was denied based on the ~ applicant's failure to comply with the driveway design
criteria of Zoning Ordinance, Section 10-605.
Background:
As noted, the applicant is. proposing to construct a new. gas station/convenience store to be
located at 501 West Fairmont Parkway. As proposed, the Fairmont~Parkway face of the facility.
would have two driveways. As illustrated on Exhibit A, the total property width along Fairmont
Parkway is 125 feet. The Zoning Ordinance requires a minimum property width of 150 feet in
order to accommodate two driveways. Additionally, the separation between the two drives is
20 feet. Again, the Zoning Ordinance requires a minimum spacing of 40 feet between adjacent
driveways.
Based on the failure to comply with established design criteria, the Enforcing Officer was
obligated to deny the applicant's permit. Mr. Hikary is appealing this denial.
• •
Page 2 of 4
Board of Adjustment
Staff Report of 418-96
#A96-002
Analysis:
Section 11-604 of the Zoning Ordinance empowers the Boazd of Adjustment to consider appeals
of zoning decisions made by the City. As per ordinance, the Boazd may grant an appeal only
when it finds all of the following conditions have been satisfied.
• That there is a reasonable difference of interpretation as to the specific intent of
the zoning regulations or zoning map, provided the interpretation of the
Enforcement Officer is a reasonable presumption and the zoning ordinance is
unreasonable.
• That the resulting interpretation will not grant a special privilege to one property
inconsistent with other properties or uses similarly situated.
• The decision of the Boazd must be in the best interest of the community and
consistent with the spirit and interest of the City's zoning laws and the
Comprehensive Plan of the City of Ira Porte.
Regazding the first point, there is no reasonable difference of interpretation of the ordinances.
The driveway criteria established by the ordinance are cleaz and explicit. The proposed
driveway configuration does not satisfy these criteria.
Additionally, given the property's location, the intent of the ordinance to control driveway access
is very reasonable and based on sound traffic engineering principles.
The City's Thoroughfare Plan designates Fairmont Parkway as a primary arterial (See Exhibit
B): A primary arterial is defined as a four-lane thoroughfare designed to distribute high volumes
of local and outside traffic to major employment and activity centers. Traffic control devices
(stop lights and stop signs) aze generally located at intervals of not less than 'k mile.
What this means is that Fairmont Parkway is designed to move lazge volumes of traffic on a
daily basis. The existing street does this very well. Excessive driveway cuts will tend to
interfere with traffic flow and, therefore, create traffic hazazds. It should also be noted that
because of the esplanade location, Fairmont Pazkway driveways can be right turn only. The
esplanades cannot be cut.
Also, as illustrated on the applicant's site plan, the property is located on a corner. The Fourth
Street right-of--way is open and paved. It is available for driveway access and will, regardless
of the outcome of this appeal, function as the primary entry and exit for traffic approaching from
the east. Fourth Street will also provide the only point from which exiting traffic can turn left
•
Page 3 of 4
Board of Adjustment
Staff Report of 418-%
#A96-002
onto Fairmont Pazkway. Excessive drive cuts on Fairmont would tend to complicate traffic
movement at the Fourth and Fairmont intersection. The intent of and specific regulations
contained in the Zoning Ordinance regarding driveways aze reasonable and necessary in order
to promote traff c safety. They aze necessazy to promote efficient traffic flow.
Regazding the issue of special privilege; staff would note that granting this appeal would allow
a driveway confguration different than that allowed for previous businesses located on Fairmont
Pazkway. This: constitutes special privilege.
The final criteria requires. that granting the appeal be in the best interest of the community.
Granting.this particulaz appeal would result in inconvenience and a higher degree of hazard for
all motorists driving on Fairmont Pazkway. This is obviously not in the community's best
interest.
Conclusion•
• There is no reasonable difference of opinion regazding the intent of the Zoning
Ordinance. The Enforcement Officer acted properly in denying the permit.
• Both the intent and specific regulations of the Zoning Ordinance aze reasonable
and should be upheld.
• Granting this appeal would convey a special privilege to this property.
• Granting this appeal would be contrary to the best interest of the community.
• Granting this appeal would be clearly contrary to the spirit and intent of the
Zoning Ordinance and Comprehensive Plan.
• Due to the availability and necessity of the Fourth Street right-of--way for
driveway access, denying this appeal will not restrict or prevent the use and
development of this property for the type of business being proposed.
Based on these :facts and considerations, staff recommends denial of Appeal of the Enforcement
Officer's Decision #A96-002. -
• •
Page 4. of 4
Board of Adjustment
Staff Report of 4-18-96
#A96-002
Appeals:
As per Section 11-610 of Zoning Ordinance 1501:
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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Special Exception Request #SE96-001
7134717168
APR-12-96 FRI 13;•40 . ~ FAX N0. 71.17168 P. 02
' CITY OF LA PORTE
ZONING AOARD OF ADJUSTMENT
SPECIAL EXCEPTION REQUEST
_______-__~---_--_----____-------_~----- ----- y6 _ o r~ /
- ~ Application No.. __._
ONCE USE_, ONLY : ~e~; _ _: $50.00 Date Received.: ^,y- ,~ ~~~.
Receipt No.: __~~_
OT This Fee is Non-Refundable Regardless^of the^Boardys-Decisa.on^_-
Applicant: ~~~__.___._ - -~--
__\\ ~Name}~ ~~1 l _ Ca Co~~
Address ~'
j~n~,the owner of the herein described property.
~-;,~ ~-4~~.~,--_____.._._____..- ._ to~ act on my behalf
` 0.•r~
Owner ~.______ ._.__ _ _..-~-•_ - -- I have authorized
in this matter.
~..,~--
l~ ~ n~ lea m el ;,,~, ~ P H : ~~, - ~-4-7~- 2--
Address; #6_So~J ~3~ .~. ~(,_SOO~Table ~ci
I am requesting a Special Exception to Sect. ^~._ of the CiL•y
•'Zoning.Ordinance No. 1501. I am requesting this Special Exception for
property located at •! ~ ~.~ `~'= ~ `9th-_--_--.~ ~"'''~? ~ ~ Z ~31~~a2- "~1'1
Address Legal Description
r._..___--. ______.__-- ___ - --•~--. -- - --____-_ _______ __. ..._.___ __._
( ) Site Plan ( ) Minor Development Site Plan
( ) Mayor 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) A1~1 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 X a.m making this request.
e If applicant is NOT the owner, he mum provide Aut ori~ation to act
on the Owner's behalf. ~ ;~
~~ ~
Da a App c 's Signature
OFFICE~USE ONLY
Site Plan and Authorization (if apiplicable) attached? Yes ( ) No C )
Date transmitted to the Board of Aid justments : __~~.-r---~--
Meeting Date: Applicant Notified of Date: _____________
Board's Decision: Approved ( ) Denied ( )
Notice of Soard Decision mailed to Applicant/Owner: ___.___.____~__ ._-
7134717168
APR=12-96 FRI 13:40 • FAX N0. 717168 P, 03
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 exce~+~.ions may be granted far the following items only:
(1) The reconstruction of or additionto 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_mct on abutting-pieces of property.
(b) Exception to rear yard setbacks if any four (4) lots
within a block do not meet setback requirements.
(o} Exceptions to yard requirements on corner ~.oLS.
(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 Applicants 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: ~ -
7134717168
RPR-12-96 FRI 13 41 i
.~ _ ,
FRX N0. 7 ~ 17168
P. 04
PAGE 3
TYPE OF RELIEF BEING SOUGHT:
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THEG-R-O~UN~DS FOR THE REQUEST: ,
1/~...~
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CED/1«87
• ~
.....Special >~xceptioa '
Petyait Request '#SE96~-001
Requested For: Lots 1 & 2; Block 717; Town of La Porte, which is further
described as being located at 116 North 16th Street.
Requested By: Pfeiffer & Son ,Inc., property owner.
Zonin General Commercial (G.C.)
Purpose of Rea_uest: To allow construction of a shop/warehouse with a front setback of
10 feet and 0 feet side and rear setback.
Background: Pfeiffer & Son, Inc. is located in Block 717. The proposed
building is to be an additional shop/warehouse building. Block
717 is located in a G.C. zone. Building setback lines in G.C.
zones are as follows:
' Front: 20 feet
Side (when adjacent to a R.O.W): 10 feet
Rear: 10 feet
The applicant is requesting an exception to allow deviation from
' ~ the setback requirements of the Zoning Ordinance. The exception
is being requested under the terms of Zoning Ordinance Section
11-605, which allows deviations to yard requirements in the .
following circumstances.
• An exception from the front yard requirements
where the actual front yard setback of any abutting
lot does not meet the front yard requirements.
i
~ • A rear yard exception where the actual rear yard
setback of any four or more lots in the same block
does not meet the rear yard requirements of these
regulations.
• A yard exception on corner lots.
•
Board of Adjustrcient
Meeting of 4/18/96
SE96-001
Page 2 of 4
Analysis: The Zoning Ordinance defines a special exception as a specified
enumerated deviation from Zoning Ordinance requirements. The
Boazd is empowered to grant a special exception when it finds the
following:
Granting the exception will not adversely affect the
value, or use of neighboring property.
• Granting the exception will not be contrary to the
best public interest.
Regazding this request, the relief being requested is covered by the
terms of the Special Exception Section.
• Lots 1 & 2 of Block 717 are corner lots located at
North 16th and West Polk.
• The front setback of the existing Pfeiffer
office/shop building, which is located on the
adjacent lots is 10 ft. This is the same setback that
is being requested for the proposed building.
Based on these factors, the request is eligible to be considered for
the exception. The issues tv consider aze impact on neighboring
property and the best public interest. The requested front setback
reduction should have no impact on use of the existing 16th Street
right-of--way. There is adequate separation between property line
and edge of pavement to accommodate drainage structures. There
is enough separation to provide adequate isolation from traffic on
16th Street. The north/south portion of the alley in Block 717 has
previously been closed. The alley of the block immediately north
of 717 has also been closed. Any extension of future utilities will
have to be done in a street right-of-way. Location of the building
should not pose a problem. Finally, Polk Street is currently an
unimproved right-of--way. In order to provide access to a new
pazking lot being constructed also by the applicant, Polk Street is
to be improved. The City, together with the applicant, will be
able to insure that paving, utility, and drainage improvements aze
accomplished in a manner that will prevent conflict as a result of
building location.
Board of Adjus~ttnent
Meeting of 4/ 18/96
SE96-0Ol
Page 3 of 4
•
It should also be noted that two blocks east of 16th Street, Little
Cedar Bayou crosses the Polk Street right-of--way, effectively
creating a dead end. Future traffic on this portion of Polk could
therefore only serve a limited number of properties. This insures
that Polk will remain a low volume street in terms of traffic. A
zero setback adjacent to a low traffic, dead end street should not
pose a problem.
Based on these considerations, it does not appear that granting the
requested exception would adversely impact the adjacent rights-of-
way, or with other adjacent properties. It does not appear that it
would be in any way contrary to the best public interest.
Comprehensive Plan Considerations:
Thoroughfare Plan
Section 3.03 of the Development Ordinance No. 1444 requires that
development plans conform to the Comprehensive Plan. North
16th Street is classified as a secondary arterial on the
Thoroughfare Plan and standards outlined in Section 5.01, provide
for a minimum right-of-way width of 80 feet for secondary
arterials.
North 16th Street is on the Harris County Road Log and is
currently maintained as a two-lane asphalt roadway with open
drainage ditches within an existing 60 foot right-of--way. When
development occurs in open areas, staff considers negotiating
setbacks or additional right-of--way acquisition. However, this area
is currently well developed and the proposed building is not within
an open area where right-of--way acquisition is easily negotiated.
Currently, eight privately owned buildings aze located along North
16th Street .between Spencer Highway and Barbour's Cut
Boulevazd; each of which are approximately within 20 feet, (or
closer) to the existing right-of--way line. On the west side, a
pipeline corridor parallel to North 16th further complicates right-
of-way acquisition.
Neither the City, nor the County have current plans, funds, and/or
programs established for acquisition of additional right-of--way for
roadway improvements. In the absence of such programs, staff
recommends the decision to grant approval be based on the other
•
Board of Adjustment
Meeting of 4/18/96
SE96-001
Page 4 of 4
factors.
Wastewater Collection and Treatment Plan
The City currently maintains an existing sanitary sewer trunk main
and lift station facility within the North 16th Street right-of-way.
The City's Comprehensive Plan anticipates relocation of the lift
station and rerouting the trunk main east from 16th Street along
the Polk or Adams Street rights-of--way, then south along 14th
Street. The applicant's request would not hinder or adversely
affect these plans.
Conclusion: Based on the facts and ;considerations noted above, staff
recommends granting Special Exception SE96-001 as presented,
but with the understanding that unless specifcally addressed by the
Board, all applicable ordinance provisions are in force and effect.
_ Staff would also recommend that the terms of this Special
Exception be noted on the minor development site plan that must
. be submitted for this project.;
Appeals:
As per Section 11-610 of Zoning Ordinance 1501:
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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Pfeiffer & Son. Inc. owns: Block 717; Lots 1-10, 21-30; Town of La Porte
(Purchased 3-1-96 ) Block 687; Lots 1-32; Town of La Porte `
NOTE: Request for alley closing in Block 687 has been received. Approval/completion
of the alley closing is required before the off-site parking lot permit can be
issued. The proposed building in Block 717 eliminates on-site parking. The off-
site parking lot proposed in Block 687 provides the required parking for the
applicant's business. ~.
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