HomeMy WebLinkAbout06-27-1996 Public Hearing and Regular Meetingt
Minutes
MINUTES i
ZONING BOARD OF ADJUSTMENT
June 27, 1996
Members Present: Acting Chairman Sidney Grant, Board Members Willie Walker,
Bob Capen, Jim Zoller, John Willis
Members Absent: Deborah Bernay, Ruben Salinas
City Staff Present: Director of Planning Guy Rankin, Assistant City Attorney John
Armstrong, Inspection Secretary Jasmine Ardion
I.~ CALL TO ORDER .
Meeting was called to order by Acting Chairman Sidney Grant at 7:00 PM.
II. APPROVE NIINUTES OF THE MAY 23, 1996, MEETING.
Item III, Paragraph 5: For clarification purposes, Mr. Zoller asked that the sentence
be extended to read:
Jim Zoller disagreed with the statement that the applicant would
be burdened with an unecessary hardship because of the
physical situation unique to this specific piece of property.
A motion was made by Bob Capen to approve the minutes with this correction. The
motion was seconded; all were in favor and the motion passed.
III. ADMINISTER OATH OF OFFICE TO REAPPOINTED BOARD OF
ADJUSTMENT MEMBERS.
A. BOARD MEMBER BOB CAPEN
The Oath of Office was administered to Bob Capen.
B. BOARD MEMBER RUBEN SALINAS
Mr. Salinas was not present at the meeting.
IV. STAFF REPORTS
V. ADJOURN
With no other business to come before the Board, Acting Chairman Grant declared
the meeting duly adjourned.
Page 2 of 2
Zoning Board of Adjustment
Minutes of Tune 27, 1996
Respectfully Submitted,
Peggy
Secretary, Board of Adjustment
r~
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Minutes approved on the 5th day of December , 1996.
Sidney r t
.Acting irman, Board of Adjustment
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Oath of Office
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OATH OF OFFICE
I, Ruben Salinas , do solemnly swear (or affirm), that I will faithfully and impartially
execute the duties imposed upon me by law as a member of the La Porte Zoning Board of Adjustment,
and I furthermore solemnly swear (or affirm), that I have not directly or indirectly paid, offered, or
promised to contribute any money or~valuable thing, or promised any public office or employment,
as a reward to secure my appointment. So help me God.
Ruben Salinas
SWORN TO and subscribed before me, this the. 5th day of December, 1996.
pE~GY LEE
;~''~ ".
=•e ?' MY COMMISSIGIN ~(PIRES
8eptemb~r i~,1i~ Peggy Lee
'~"' - -- - -- - Notary Public for the State of Texas
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Variance Request ~ #V96-002
.. JAN-06-' 00 FRI 01: ~: TEL tom: • #3083 P01
e~ of ~ rOa~
' ' ~ ZONIATG BOARD OF AD~TUSPIV~NT
VARIANCE REQUF.~r
OI~'NiCE tr.~ nNr v. Feo; SIOO,OQ Data Received: '-o
~tox This Flee i$ Non-Ref~iabk Na.:
Regardless or tDe Hoard's Decision.
APpiieants ~ et. ~ ~ ABC
. xame U
Addre~ ~ php~ eal y*(t-~(O~
I am the owner o! the herein deecrlbed pa opertp. I have sattharlaed r ~ h ~ ~`~ ~~
tv set an tqy beLai! is thh matter.
Owner*• '~~ ~ ~ t~ .
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A,dd~s
I am req~rest~ng a variance to Sed. ~ oI the City Zamisg Ordiuanoe No. L~OI.
I am requesting this varitmce !br panpecty loca~bed at
i ~ t~ ~ Q e ,. n -z ~. t _ __ ~ _ ~ ...~~ _ ., Stre4t Address t..ot or~~ ~~~
_ li.agai Des~ion -
(r~lte Plan () Minor Develnpmeat She Plan
()11~oe bevelopmeat•Site Play ()General Plan
A Site Plea of the prnPeriy fs Mtached. Also, I have listed the iniormatiout requested below
on the [bIlowh~ p~,a of this farm.
~ AD i~ conoer~g the matter that has led ~ to this request.
b) The type of relict I om seeking t~etbacicv, lot coverage, etc.).
~ The gromtdR u~ which I am mal~g this rtgnest.
" ~ apP~t id NOT the owner, he ID~ provide Authoadmation to act on the Owner's
behAlf,
~~
Date APp~licant's Slgoature ._
Office Use Only
Site Play and Authot3zedon (lf applicable) attached? Ym () No { )
Date transmitted to the Boani of A~~ents:
M ~: AppIIcant Vorltied o[ Date:
Notice to surro~mdlag Property owaess - DAte:
Hoard's Derision: Approved () Denfed {) -
Notke of Board Decision mailed to Applicant/Owner.
JAN-06-'00 FRI 01:~: TEl. N0: . ti003 P02 ~„
A va=i~ce is a "deviation from the lkeral psovlslans of the Zoning Ordinanee.+' The
Clty's Board o[ A~ may NOT meant a variance that does nat mew aD oP the
fbIIowia$ conditions: .
1) The variaase mast not be contisry to the p~b8c intesest.
2? I.~teral eafo of the Zoning Ordinance must result is a hardship. T,iue
hardsbdp must be mnigne to ehe property in gaeattoa Property that Ss
due to its ~osoal shape, naornownds, sLaIIowneas, or topography the
prey enmple of harclsbutp. Bard®hip9 that arc Bnancial fis nature or dne to the .
owner's octio~ns a~nnot he granted.
~ Granting t>se variance must not violate the spilt o! the Zoning Ordinamee.
~ Nq variance that aIIows a use that is prohib~d within the IIae z~oaoe in qur~iQaot may
be med. Pbe' es~mple, a variance aIIovdng a oo~mmerciai use In a reeidentia~ none
b no! aDowable.
Planes rea~amhor it is the AgpHcmmt's resiwn~llty ~ to prone that a varianoe wiII
meet thn above Ana.
It theme is not adequate room on the remainder of this form to list aIl pertiuen~t
information, please ibel h~ee to attach an addidowd letter or aq~- and eahlbits
Ton tcei tbs Board shodd consider. ~ .
FACIA REL~VAIiIT TO TID'8 MATTBR;
;- -- JaN-e6-'60 FRI 01:~: Ta rro: • ~e63 P03 .
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TYPE Off' BBL~F 1~iG SOIIGHT:
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l~Vl~l ;~~, ~r,_y-~s_ n~1CY' `4-~A.~ t61 Ce-} b~A_f[.. ~ ,~s 1r~o_
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::::::: V_aanceRequest v96-002:.::=
Requested For: 2601 S. Broadway (Old Hwy. 146), #79, which is further
described as Lot 2; Block 18 of Woods on the Bay Townhomes,
Section 3. (See Exhibit A)
Property Zoning: R-1 Low Density Residential
Requested By: Ms. Jeri Murphy, on behalf of I & F, Inc.
Pur,~ose of Request: This application requests a 1.25 foot variance to the 10 foot side
setback requirement of Zoning Ordinance 1501.
Background: The house located at 2601 S. Broadway (Old Hwy. 146), #79, is
anew home which was completed on 10-16-96. Due to contractor
error, the house slab encroaches 1.06 to 1.17 feet into the required
10 foot side setback. The error appears to have been
unintentional.
Although the actual encroachment is small, it is sufficient to
preclude the buyer from obtaining a title policy~free of exceptions.
The requested variance, if approved by the Board, will in effect,
"legitimize" the encroachment and remove it as a barrier to
obtaining this title policy.
Analysis: The Board of Adjustment is empowered to consider and grant
zoning variances under the provisions of Ordinance Section 11-
606. This section defines a variance as a "deviation from the
literal provisions of the Zoning Ordinance which is granted ...
when strict conformity to the Zoning Ordinance would cause an
unnecessary hardship...."
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Page 2 of 4
Zoning Board of Adjustment
Staff Report - 12/5/96
V96-002
The section also establishes the following standazds for the Board
to use when considering vaziance requests:
• That the granting of the vaziance will not be
contrary to the public interest.
• That literal enforcement of the Ordinance will result
in unnecessary hazdship because of exceptional
narrowness, shallowness, shape, topography or
other extraordinary or exceptional physical situation
unique to the specific piece of property in question.
"Unnecessary hazdship" shall mean physical
hardship relating to the property itself as
distinguished from a hazdship relating to
convenience, financial considerations or caprice,
and the hazdship must not result from the applicant
or property owner's own actions; and
• That by granting the vaziance, the spirit of the
Ordinance will be observed.
Granting this vaziance will, in staff's opinion, not be contrary to
the best public interest. The house is in substantial compliance
with all applicable zoning regulations. Front and rear setbacks and
lot coverage comply with applicable requirements. The only azea
of encroachment is on the north side of the property and it is so
minor as to be effectively invisible from the street. In zero lot line
construction, Section 5-700, Table B, Footnote 6, the side setback
opposite the zero lot line should be 10 feet. However, ~ the home
to the north located on Lot 3 has a zero penetration, one hour
rated wall, which reduces building code concerns for the standazd
10 foot fire sepazation. Granting this vaziance should have no
impact on any other properties within the subdivision. It should
in no way be contrary to the best public interest. Also, it seems
literal enforcement of the Zoning. Ordinance would impose an
unreasonable hazdship on the applicants.
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Page 3 of 4
Zoning Boazd of Adjus~ent
Staff Report - 12/5/96
V96-002
Finally, staff believes granting this variance will still allow the
spirit of the Zoning Ordinance to be observed. The applicant is
requesting a variance of 1.25 feet. As the encroachment described
varies from 1.06 to 1.17 feet, the 1.25 feet requested by the
applicant is intended to provide a small margin of error. This
house, in terms of setback, will be virtually indistinguishable from
neighboring structures. As noted, the house is in substantial
compliance with zoning requirements and certainly appeazs to be
compatible with the spirit of the Zoning Ordinance.
Conclusion: • Granting this variance will not be contrary to the best public
interest.
• An unreasonable degree of hazdship would result from a strict
interpretation of ordinance requirements.
• The requested variance is not contrary to the spirit of the Zoning
Ordinance. '
Based on the above considerations, staff recommends that Variance
Request V96-002 be approved as follows:
The side setback for the tract in question shall be
reduced 1.25 feet. This change shall be noted on
the property survey and deed records of this lot as
follows:
The side setback for Lot 2; Block 18, of the Woods
on the Bay Townhomes, Section 3, is 8 feet, 9
inches. This setback has been established by
Variance V96-002, granted by the La Porte Zoning
Board of Adjustment on December 5, 1996.
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Page 4 of 4
Zoning Board of Adjustment
Staff Report - 12/5/96
V96-002
NOTE:
•
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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~OMM'0N AREA
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Y?i•'R~+ci~ir.•s rnsApsawaof S.s •a~. ~~c•~._wrwaY.:.~4~aur ~~.i s~~.:-s..a
••~•e~~d, tbst •tbir peot~rstonal. •~e~int~••aoutbr~~~~'so'tb~t-i!
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'•• ~pd~'~p~lia+ltliear,`.eL' a ~Cae~~err:.~A ::•.:COad'itte.a:~a`,;. tiRtl~''r
. ~•vitzt ~6 Iis .Au yert• At ei•tioo;; Mt^tl~i: pY~;~raC•
as 6~• ^ cb.• .8. ~ ``. ;d
:,t~ltar• t~tiictctA rsot^ttien~l Susi^~os~.l/e~ :,12fa;" .•!~-
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--
PLAT O F
LOT 2,, BLOCK 18
WOODS ON THE BAY
- . SECTION 3 •
_ . FI.C. C.F.C. 367041 '
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Variance Request #V96-003
` CITY OF LA PORTS
ZONING BOARD OF ADJU
va~aivcE xEQuESr
Application No.: ~~_ CV
OFFICE USE ONLY: Fee: S100.00 Date Received: _ 1 I' I ~4' q(
Receipt No.: ~~
of : This Fee is Non Refundable Regardless of the Board's Decision.
Applicant: Laurel Indusries
Name
780 Sauth 16th Street 281-471-1731
Address Phone
I am the owner of the herein described property. I have authorized
to ad on my behalf is this matter.
Owner: Tom Bellanti•. B}.ant Manager •
Name
P.O. Box 151.6 La Porte, Texas 77572-1516 218-471-1731
• Address Phone
I am requesting a variance to Sed. 7 = 6 0 0 of the City Zoning Ordinance No. 1501.
I am requesting this variance for property located at 780 South 16th Street
Street Address
see attached
Legal Description
~) 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 must provide Authorization to act on the Owner's
behalf.
November 13 ~ 1.996 ~ // ~/~,i
Date ~ Applicant's Signature
Office Use Only
Site Plan and Authorization (if applicable) attached? Yes () No ( )
Date transmitted to the Board of Adjustments:
Nieeting Date: Applicant Notified of Date:
Notice to surrounding property owners -Date:
Board's Decision: Approved () Denied ( )
Notice of Board Decision mailed to Applicant/Owner:
~ ~ s
A variance is a "deviation from the literal provisions of the Zoning Ordinance." The
City's Board of Adjustments may NOT grant a variance that does not meet all of the
following conditions:
1) The variance must not be contrary to the public interest.
2) Literal enforcement of the Zoning Ordinance must result in a hardship. This
hardship must be unique to the property in question. Property that is uadevelopable
due to its unusual shape, narrowness, shallowness, or topography constitutes the
primary example of hardship. Hardships that are financial is nature or due to the .
owner's actions cannot be granted.
3) Granting the variance must not violate the spirit of the Zoning Ordinance.
4) No variance that allows a use that is prohibited within the Use zone in question may
be granted. For example, a variance allowing a commercial use in a~residential zone
is not allowable.
Please remember it is the Applicant's responsibility to prove that a variance 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:
Laurel Industries occupies a 3.21 acre tract of property located at 780 South 16th Street. The
facility which was originally constructed as part of the adjacent PPG plant pre-dates the City's
current Zoning Ordinance by several years. Neither the business nor the property aze now
affiliated with PPG.
Laurel Industries manufacturers antimony oxide, a chemical additive used in the production of
finished plastic products. The production of this material is listed by the Standard Industrial
Classification manual as business activity #2821. This is a permitted HI use. Laurel Industries
activities therefore conform with City zoning regulations.
Laurel Industries is now proposing to expand it's facilities by constructing a 16,000 square foot
warehouse building.
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TYPE OF RELIEF BEING SOUGHT:
Zoning Ordinance Section 7-600, Table B establishes setback and lot coverage requirements for
facilities located in HI zones. This table specifies the following building setbacks: Front, 50 feet;
Side 30 feet; Reaz, 50 feet. The table caps under roof lot coverage at a maximum of 30%.
As proposed the new wazehouse building would require a setback variance of 45 feet to the rear
to 5 feet and 25 feet to the side to S. feet , and an under roof lot coverage variance of 21% to
51%. It should be noted the administration building and a similar warehouse building was
approved under previous variance request V92-003 granting building setback and under roof lat
coverage variances. Only the administration building has been built to date.
TBE GROUNDS FOR THE REQUEST:
Laurel Industries business has increasingly grown during the thirteen yeazs of existence to become
the largest US producer of antimony oxide products. In order to remain a world leader in the
market Laurel Industries must expand to provide value-added service to customers. Antimony
oxide is a product which must be stored under roof.
Regazding the issue of setback variances, letters from the effected neighbors are attached stating
there aze no objections to the construction of the building in the proposed location. The setback
variances are necessary to maintain traffic patterns for trucks during the regular course of
business. Adequate on site pazking for the facility will be maintained.
• •
~~`:aTiance:Re uest;9CrO03`>~
q.
Requested For: 780 South 16th Street which is further described as portions of Blocks 833 and
860, Town of La Porte and the adjacent portions of the 17th Street and "G" Street
rights-of--way.
Zoning: Heavy Industrial (HI)
Requested By: Mr. Tom Bellanti, Plant Manager, Laurel Industries
Purpose of Request: A vaziance to the setback and lot coverage provisions of the Zoning Ordinance
Section 7-600, Table B. The vaziance is requested to permit construction of a
wazehouse building. The building will require a vaziance to the side and reaz
setbacks. Side and reaz setbacks of 5 feet aze proposed for this structure. The
final component of the request deals with lot coverage. A vaziance to allow 51
lot coverage is requested. (See Exhibit A)
rca ound: Laurel Industries occupies a 3.21 acre tract of property located at 780 South 16th
Street. The facility which was originally constructed as part of the adjacent PPG
plant, pre-dates the City's Current Zoning Ordinance by several yeazs. Neither
the business nor the property aze now affiliated with PPG in any way.
Laurel Industries manufactures antimony oxide, a chemical additive used in the
production of finished plastic products. Antimony oxide is a product that must
be stored under roof. The production of this material is listed by the Standazd
Industrial Classification manual as business activity #2821. This is a "Permitted"
HI use. Laurel Industries' business activities; therefore, conform with City
zoning regulations.
Laurel Industries, the applicant, is now proposing to expand its production
facilities by construction of a 16,000 squaze foot building which will become part
of an existing 29,400 squaze foot wazehouse facility. The new azea will be
utilized to house raw material and product storage. The existing facility has a
. sprinkler system to provide fire protection and the applicant is proposing to
sprinkler the new 16,000 squaze foot azea as well.
The City's building code allows a one story, unprotected, metal storage building
with a sprinkler system to be built with a 5 foot setback subject to the following
conditions:
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Page 2 of 3
Zoning Board of Adjustment
December 5, .1996
Variance Request V96-003
A) The total building footage does not exceed 48,000 square feet.
('This new building addition will increase the total squaze footage
for the building to 45,400.)
B) The building has a maximum height of 55 feet. ('The proposed
building is approximately 25 feet in height.)
C) The rear and side setbacks of three to ten feet would require a one
hour rated wall with limited openings (10%) to provide an
adequate fire resistance rating.
Analysis: Zoning Ordinance Section 7-600, Table B establishes setback and lot coverage
requirements for facilities located in HI zones. This table specifies the following
building setbacks: Side, 30 feet; Reaz, 50 feet. The table also caps lot coverage
at a maximum of 30%. It should be noted that lot coverage is essentially based
on roofed structures. Driveways and open pazking/staging azeas aze not included
in lot coverage calculations.
As proposed, the building would require a setback variance of 45 feet at the rear
and 25 feet to the side. The front setback is not an issue for this building.
Additionally, the complex if developed as proposed, will require lot coverage
vaziance of 21 %. (See Exhibit A)
In August, 1992, Laurel Industries was granted Vaziance #V92-003. The
variance covered an office building and a warehouse. The vaziance granted for
the office building was for a front setback of 30 feet 6 inches and side setback of
5 .feet while the warehouse was given a reduced rear and side setback of 5 feet.
The addition of these two buildings resulted in a need for an increase in the
maximum lot coverage from 30 % to 47 %. Only the office building has been
built. The applicant is now proposing a.lazger wazehouse than the one proposed
in 1992, with the same 5 foot rear and side setbacks. The maximum lot
coverage, as a result, would be 51 % instead of 47 % granted in 1992.
Section 11-606 of the Zoning Ordinance defines a variance as "a deviation from
the literal provisions of the Zoning Ordinance granted ... when strict conformity
to the Zoning Ordinance would cause an unnecessary hardship.... "
This Section of the Ordinance empowers the Board to grant variances subject to
the following conditions:
• •
Page 3 or 3
Zoning Board of Adjustment
December 5, 1996
V96-003
I. That the granting of the vaziance will not be contrary to the public
interest.
II. That literal enforcement of the Ordinance will result in
unnecessary hazdship because of exceptional narrowness,
shallowness, shape, topography or other extraordinary or
exceptional physical situation unique to the specific piece of
property in question. "Unnecessary hazdship" shall mean physical
hazdship relating to the property itself as distinguished from a
hazdship relating to convenience, financial considerations or
caprice, and the hazdship must not result from the applicant or
property owner's own actions; and
III. That by granting the vaziance, the spirit of the Ordinance will be
observed.
The locations of the proposed building is based on the need to preserve
maneuvering space and loading dock access for heavy trucks. Additionally, there
is an electrical easement which extends onto the property and limits possible
building locations..
Conclusion: Based on the facts .presented, staff has no objection to the location of the proposed
building nor to an increased lot coverage of 51 %.
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