HomeMy WebLinkAbout04-24-1997 Regular Meeing and Public Hearing• •
MINUTES
•
ZONING BOARD OF ADJUSTMENT
MINUTES OF APRIL 24,1997
Members Present Chairman Deborah Beraay, Board Members Sidney Grant, Willie
Walker, John Willis, Rod Rothermel
Members Absent Bob Capen, Ruben Salinas
City Staff Present Director of Planning Guy Rankin, Building Official Art Flores,
Assistant City Attorney John Armstrong, Planning Secretary Peggy
Lee
I. CALL TO ORDER
Meeting was called to order by Chairman Bernay at 7:03 PM.
II. APPROVE THE MINUTES.OF THE FEBRUARY 27,1997 MEETING.
With no objections from the Board, Chairman Bernay declared the minutes
approved as presented
III. CONSIDER SPECIAL EXCEPTION #SE97-003 TO ALLOW
CONSTRUCTION OF AN OFFICE ADDTITON WTITI A ZERO REAR
YARD SETBACK. THIS EXCEPTION IS REQUESTED FOR THE
PROPERTY LOC'.ATED AT 530 S. BROADWAY.
Art Flores presented staff's report. Mr. Flores explained that the applicant, Bryan
Moore, of Moore & Moore General Contractors (the property owner) requested an
exception to the setback requirements of the Zoning Ordinance. The exception
would allow construction of an office addition with a zero rear yard setback. In
addition, the applicant requested a waiver or reduction for the off-street parking and
dust-free surfacing requirements.
Staff recommended approval of the exception with conditions.
Chairman Beraay swore in Bryan Moore. Mr. Moore noted the additional office
space would be approximately tea feet wide and fifty feet long and the parking area
should not be a problem, since there is plenty of room inside the fenced area to park
trucks.
A motion was made by John Willis to approve SE #97-003 with the follawiug
conditions
1. The terms of Special Exception #SE97-003 shall be noted on the minor
development site plan that must be submitted for this project.
• •
Zoning Board of Adjustrnent
Minutes of Apn124,1997
Page 2 of 2
2. The zero rear yard setback shall be allowed for the construction of the office
addition provided the roof overhang of the addition does not extend any
further into the sixteen foot (16') alley thaw the current building.
3. Upgrade to a dust-free material, arty driveway entrance and parkng area
located within the standard minimum twenty foot (20') front yard setback.
4. All employee and construction vehicle parking shall be located within the
boundaries of the developed site. No parking on the right-of-way shall
occur.
5. The applicant recognizes existing fence as an encroachment in the public
alley and understands that the City and other franchised ut~7ities have the
right to enter the alley and remove the fence as necessary for the purpose of
installation and maintenance of public utslities. The City and other franchises
are not responsible for restoration to existing conditions.
The motion was seconded by Sidney Grant. All were in favor and the motion
passed.
IV. STAFF REPORTS
There were none.
v. AnJouRN
Chairman Benaay declared the meeting duly adjourned at 7:11 PM.
Respectfully submitted,
P~gY
Secretary, Board of Adjustment
Approved on this the ~ day of 1997.
i
Deborah B
Chairman, Board of Adjustment
• •
APPEAL OF ENFORCEMENT OFFICER' S
DECISION #A97-003
• •
CITY OF LA PORTE `:~ •~`' ~•.
.. ~-
ZONING BOARD OF ADJUSTMENT '
APPEAL OF ENFORCEMENT OFFICER'S DECISION ~~~~~~ ~'
-----------------------------------------------------------------------
Application No.: q7- O 0 3
OFFICE USE ONLY: Date Received: - ~'
-----------------------------------------------------------------------
Applicant:
J .~
Address ~~ ~ ~i v~~\~
c ~\3 ~0
I am the owner of the herein described property. I have authorized
to act on my behalf in this matter.
Owner*:
G~ N
Address ~r. ~~~~ 1 1 _ c
I am appealing the decision regarding or the interpertation of
Sect. 5~-e20~. / of the City Zoning Ordinance No. 1501 . I am making
this peal n.reg s property located ~ ~ I~ ~ 3
Street Address Legal Description
(i~ 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)~~ A~11 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.
~ \ '`~ ~ -.
Date Applicant's Signa ure
-----------------------------------------------------------------------
OFFICE USE ONLY
Site Plan and Authorization (if applicable) attached? Yes (/) No ( )
Date transmitted to the Board of Adjustments: _ _
P4eeting Date: ( Applicant ?dotified of Date:
Board's Decision: Approved ( ) Denied ( )
Notice of Board Decision mailed to Applicant/Owner:
• •
Appeal Application PAGE 2
APPLICANT'S COMMENTS
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 ;LATTER:
•- ~ ,
TYPE OF RELIEF BEING SOUGHT:
~~S
GROUNDS FOR THE REQUEST:
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• •
Rreeda E Rogers
210 Pine Bluff St. - La Porte, Tx. 77571
Pager (713) 866-7018 -Home Phone (281) 842-1594
September 5, 1997
REFERENCE: MOBILE HOME REPLACEMENT AT 208 PINE BLUFF STREET
Dear Ladies/Gentlemen
I am disclosing additional information to let you know exactly how the events in this case
have occurred.
Last year on March 22 the papers were finalized for the purchase of my home. The
property consist of three lots. One lot had a mobile home on it. There were people living in the
home until the day before the closing of the real estate transaction. Because of the situation I
never got to view the mobile home. I paid an additional $5000.00 on the purchase of the entire
property for the mobile home.
After the closing, I came to the property to view the mobile home. From the outside it
looked all right. The inside was not a safe or healthy place to live. That was only the beginning
of the losses that have taken place. The following week the City of La Porte was contacted. I
inquired about being able to rep ace the mobile home. City Hall informed me that I could not
replace the home unless Igo si eyed a mobile home park. The home was not suitable enough for
anyone that I would want to have living so close to my residence. Sometime in the middle of
May of 1996 I had the mobile home removed from my property. I have lost all paper work,
therefore I can not give you an exact date of the removal.
This year in May I was talking with an acquaintance, they informed me that indeed false
information had been given to me about the replacement of the mobile home. The next day I
called the City of La Porte and spoke with Mr. Flores in the City Planning Department. I
explained to him the events that had taken place. Including the fact that the mobile home was
gone. He told me that I could put another mobile home back on the lot; as long as I could prove
that the mobile home was a 1976 or older model and that the home did belong to me. The
following day I called him back and asked him to send me the information about being able to
replace the home. I did not want to start plans for replacement without the legal proof because of
what I had been told before by the City Hall. Two weeks had gone by and I kept calling for the
information. Finally, I went in person. Debbie Wilmore spoke with me at that time and informed
me that I could not replace the mobile home because I only had ninety days from the time of the
removal of the old home. She also informed me of other stipulations prior to removal. I was
upset with what she had told me. She said that I could speak with Guy Rankin. He was not
available at the time, but a meeting was set for 1:30pm the next dav. Mr. Rankin also informed
me that I would not be able to make replacement. He told me that he would be sending me a
letter about his decision and our meeting. At that time I requested again that the information
about the replacement law be sent with his decision. Three weeks went by, calling him several
• •
times requesting the letter. On the 18th of July, i~1r. Armstrong the City Attorney called and said
they were going to let me make application.
As a final note I must say that a lawyer has been retained. A lawsuit against the previous
owner of my house and the Realtors is now in process. This case is separate from the matter in
which I am writing about today. I went into the whole Real Estate transaction trusting people.
Finally what I would like to say is that my inexperience, being a first time buyer and my trusting
faith has gotten my children and myself several heartaches we should have never experienced.
Sincerely
Brenda E. Rogers
GIVEN UNDER MY HAND AND SEAL THIS THE_~~ Y OF- t~~~~1~~9
NOTARY C~ HARRIS COUNTY COMMISSION EXP.
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~~ RECEIVED
i~ISi'ECTiONS 8
Building Mechanical *Electrical *Plumbiag
(* See back of form)
Project Address: ~~~ Pi'c~e_ 1~~~~~~ o~~. Lot: ~'~"
Subdivision: ~(~ Q ~T \~\'Q\~.1 ~PinE c31uf-~~
Block • 'R
Owner's Name : t` \\ \ ~Ph[one
Address : ~~~ ~\~~ ~~.~~~~~ . c,~4 ~T _ ~ /~- ~~~~ 1
Street City ~ Zip
Contractor: Phone:
Address•
Street City Zip
Engineer-
Designer:
Building IIse: K~_es i d e n.cc Sq. Footage: # Stories
Valuation : Describe Work : ~ R i rLQ Q_ h ~ MI PhAb, J B
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For City IIse Daly
Occupancy Type Flood Zone Class Work
Construction Type IIse Zoae ~~ # Stories
Commercial Buildings Plans Oa1v-Fire Marshal Approval _
Sq. Ft.
Parking requested_
'"'-"-' Date : ~lZ=
Checked/Approved for Issuance By: Date: .._.___. _
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Permit Fee ~ (attach to actual :~~~: ~-n~ ` '
Revised J5/12/96 .u.:
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Permit No. -
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TEXAS DEPARTMENT OF HOUSI134`AND CO~UN~TY`AFFt1IRS` ~~4\ ~ \ ~~~ >\ `~ ~~>'~~c~~..~ ~,> ~``~ ; '~``
„ .' DATE OF CERTIFICATE TEXAS ORIGINAL CERTIFICATE OF OWNERSHIP
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0$/1$/1997 MANUFACTURED HOME°DOCUMENT OF. TITLE ~ ~' ~ ~ , ~ ~ 3; 0O922p~9.\~ X> ` .t
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REDMAN IIOfiRES INCORPORATEIi [IA] ~ MODEL'DESIaAT~.TTOId\`:NEV~\Mb~\T~\t>p;;`1~^~ ``~`~,~r,~~~3
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GRAND PRAIRIE TX 75051 '' °'CgUNTY WI~ERE INSTAL~;~~3.~,R~'~ `a~.>'a' ~: ,'°>~ ,1; o
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' DATE OF A4ANUFACTURE L~BEL/SEAL NUMBER ; >: ~ . ~ ?; .. ~~SERIAL NUMBER. ~<\\ ~ \~W~(Gg'~~~>'x 'x~ ~\°~ a`•~' ~•`rYp
SINGLE WIDE ~ TXS0570076 ~ ' 901182 ~• i ' ` ~ r ;`\~ 1qQ • ~,~.t a>l; ~2 0~~0 0s ~*'
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OWNER BRENDA E. ROGERS ~ ~ HOME 1S SUBJECT:TO;TFIE F~LI:O
~' l5'ING M YtT~AGE~ SIN ~'O b~,«
210 PINE BLUFF ST. ~ \ ~ ~ ~~;;, , ~~ ~~\~ a ~\;~ \ ~~ ~~,,
LAPORTE TX 77571 ~ ~ NOY,~E~J \ ~ ~ ` \ ~ ~ ~ \
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NOTARY NOTARY STAMP " , \ ~~ • ` ~. ~> \ : ~, ;~:
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E:u'I I Oll'NF:It MUti l' SIGN U/x~U111EN'I' OF"1'I'1'LF: IMt\IF:UTATEL 1' UPON KECEII"1'
SIGNA"PURE OF OWNER(Sl•'\"
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RIGHT OF SURVIVORSHIP ~ YES ~ NO \ \ \ \ \ \ \ \~\
~, sELLER NATIiALIE MANNING ~ ,
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NOTARY ~ NOTARY STAMP ; ` . \ .; . re , ~ >`~ \~ ~~>e y `< ~ 4 , - \ ' `` „?~`
LORRY PAUL ANLEY '\~ ~\``' \\`:\''.' \' `\~ ~>\ ~ t` > ~ ~ • ~
~, EXECUTIVE DIRECTOR ~ : • ' \ >\\1 ~ \ 1 ~, NOTARY SIGNATURE' ~ ~ , DATEt 3
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•
STAFF REPORT SEPTEMBER 25, 1997
APPEAL OF THE ENFORCEMENT OFFICER'S DECISION #A97-003
REQUESTED FOR:
208 Pine Bluff; which is further described as Lot 31; Block 7; Pine BluffSubdivision
REQUESTED BY:
Brenda E. Rogers, property owner
ZONTNG:
R-I, Low Density Residential
PURPOSE OF REQUEST:
The applicant has applied for a building permit so that she may bring in a new mobile
home to replace a mobile home that was removed sometime in or around May of 1996.
The Building Official denied the building permit, having determined that removal of the
mobile home from the above described property constituted abandonment of a
nonconforming use. The applicant is appealing this determination.
BACKGROUND:
A mobile home was located on the lot in question, from the time of the 1989 Bay
Municipal Utility District annexation, until sometime in or around May 1996. Exhibit A,
which is a survey prepared by Texas Land Coordinators, Inc. and dated March 13, 1996,
shows a mobile home located on the lot.
The property in question has been part of a R-I, Low Density Residential zone since the
time of annexation. Mobile and manufactured homes, by Zoning Ordinance requirement,
are not allowed to be located outside of licensed mobile home parks. The use of this
property as a mobile home site, at the time of annexation, was a legally established
nonconforming use.
•
Board of Adjustment Mtg. 9-25-97
A97-003 -Brenda Rogers
Page 2 of 5
•
Following the purchase of the property, the applicant states she contacted City Hall and
was told she could not replace the mobile home unless it was within a licensed mobile
home park. The applicant contends that based on this information and the poor condition
of the mobile home, she arranged for the home to be removed from the property.
The issue being considered in this case, is abandonment of a nonconforming use. It is the
City's determination that given the time that has passed since the mobile home was
removed in May, 1996 and the subsequent submittal of an application for replacement of
the home on August 25, 1997, the nonconforming use is abandoned and cannot be
returned.
In talking with Ms. Rogers, she referenced a 1996 conversation with an earlier Building
Official, but did not have a date or name. The applicant's subsequent 1997 conversations
with staff included Mr. Art Flores, Mrs. Debbie Wilmore and Mr. Guy Rankin. Each
staff member explained that the applicant's attempt to persuade the staff of "the
applicability of the State Law replacement option" is not valid since the mobile home was
not currently on site. There has not been a mobile home on this lot since May, 1996.
Following her conversation with Mr. Rankin, the applicant was referred to the City
Attorney's office for discussion. In a verbal opinion, Mr. Armstrong, the Assistant City
Attorney indicated the following to Mr. Rankin:
^ Based on available facts and information, staffs assessments and
determinations are correct.
^ The issue of abandonment of a nonconforming use is regulated by the Zoning
Ordinance. An appeal regarding this issue may be made to the Zoning Board
of Adjustment.
^ The jurisdiction of the Board of Adjustment extends only to zoning matters.
The Board is only empowered to consider any determinations or
interpretations regarding state law to the same extent that the Building Official
is empowered to determine.
^ Mr. Armstrong says that the factual assessments of staff and application by
staff of the zoning ordinance to staff s factual assessments are entitled to great
weight. The Zoning Board of Adjustment should not substitute its factual
determination for those of staff, unless the Board believes that, based upon
evidence brought out at the hearing, the fact assessments of staff could not
have been concluded by a reasonable individual. The applicant has the burden
of proof to show that: (a) physical abandonment, and (b) intent to abandon
the use, did not occur with the removal of the home.
• •
Board of Adjustment Mtg. 9-25-97
A97-003 -Brenda Rogers
Page 3 of S
The issue is whether the applicant has abandoned utilitzation of the mobile home since
the home was removed in May, 1996 and the application for replacement was made in
August, 1997. This is the determination being appealed by the applicant.
ANALYSIS:
Zoning Ordinance Section 4-202 regulates the nonconforming use of property. This
section states:
A nonconforming use, when abandoned, shall not resume. A nonconforming use
is abandoned when land used for an established nonconforming use ceases to be
used for a period of ninety (90) consecutive calendar days, and it is determined
that an intent to abandon the nonconforming use occurred, as evidenced by an
overt act or a failure to act on the part of the nonconforming use landowner or his
occupant.
Whether or not a nonconforming use leas been abandoned is a question that shall
be determined by the Board of Adjustment. The property owner or his
representative seeking to maintain the existing nonconforming use shall have the
burden of proving to the Board of Adjustment that the use has not been
discontinued for a period of 90 consecutive calendar days, and that the owner or
his representative did not intend to abandon the nonconforming use during the
period of cessation of use of the nonconforming use.
The City has established the following facts regarding this matter:
^ The mobile home that was located at 208 Pine Bluff has been removed from the
property.
^ No water account at this address exists.
^ Houston Lighting and Power Company records show the mobile home service
was terminated on June 1 1, 1996.
^ Ms. Rogers was unable to provide the specific date on which the mobile home
was removed from the property.
Based on the above considerations, the Building Official has determined that the
nonconforming use of this property has ceased. Additionally, based on the date of
electric service termination and the applicant's inability to provide the date on which the
home was removed, the Building Official has determined that the nonconforming use has
ceased for a period of at least 90 days. The use, therefore, is considered abandoned.
Board of Adjustment Mtg. 9-25-97
A97-003 -Brenda Rogers .
Page 4 of 5
The Board, when considering an appeal, is charged by Section 11-604.3 of the Zoning
Ordinance to use the following criteria and only grant an appeal when it is found that all
three (3) 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 Board 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 La Porte.
Regarding the specific intent of the zoning regulations, Ordinance Section 4-200 requires
that except as necessary to preserve established property rights, specific nonconforming
structures, lots or uses, the "Board [of Adjustment] is directed to take note that
nonconformities in the use and development of land and buildings are to be avoided, or
eliminated where now existing wherever and whenever possible".
The applicant's property has, since annexation, enjoyed the full ~ protection of the
nonconforming use sections of the Zoning Ordinance. Now, however, with the removal
of the mobile home, normal R-l, Low Density Residential restrictions must be applied to
the property. It should be noted that the property in question complies with zoning
requirements for single family homesites. There is nothing in the ordinance to prevent a
conventional single family home from being developed on the property. Based on these
considerations, it cannot be construed that the Zoning Ordinance is unreasonable.
Regarding the issue of special privilege; the City of La Porte has been very consistent in
dealing with the issue of nonconforming mobile homes. The City has strictly observed
ordinance requirements which protect the established nonconforming status of existing
homes. The City has also, through litigation when necessary, enforced the zoning
regulations (as they apply to mobile homes) assigned to a given district. To grant this
appeal would vary from this standard and therefore, in effect, grant a special privilege to
this property. .
The third condition requires that the Board's decision must be in the best interest of the
City's zoning laws and Comprehensive Plan. Granting this appeal would clearly not be
in the best interest of the Zoning Ordinance, nor would it further the Comprehensive Plan
goal or re-establishing the Pine Bluff Subdivision as a neighborhood of single family
homes.
• •
Board of Adjustment Mtg. 9-25-97
A97-003 -Brenda Rogers
Page 5 of 5
Finally, the matter of state law must be mentioned. The Board of Adjustment is not
empowered to make determinations regarding state law. The only issue being brought
before the Board is abandonment of a nonconforming use.
CONCLUSION:
Based on the information provided, staff finds the following:
^ The nonconforming use, under the provisions of Zoning Ordinance Section 4-
202.4, has been abandoned.
^ The applicant has not proven that the Building Official's assessment is incorrect.
^ There is not a reasonable difference of ordinance interpretation involved.
• Zoning Ordinance regulations are not unreasonable in regards to this matter.
^ Granting the appeal would afford a special privilege to this property.
^ Granting the appeal would not be in the best interest of the Zoning Ordinance or
the Comprehensive Plan.
Based on the facts and considerations listed above,-staff recommends denial of Appeal of
the Enforcement Officer's Determination #A97-003.
APPEALS:
Per Section 11-6 10 of Zoning Ordinance 150 I
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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Brenda E. Rogers
210 Pine-Bluff DriYG
Lots 31, 32 and 33, in Block 7, of PINE BLUFF, a subdivision in
Harris County, Texas, according to the map or plat thereof,
recorded in Volume 572, Page 277,• of the Deed Records of Harris
County, Texas.
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the progeny lepolly daserlbad hereon, (or on the ellsehed eheel), srul Is
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or under my supervlelon, end eonlorme to or eseeede the current slsnderdi
ss edopled by the Teeu Boud of Proleulond Lend Surveylnp.
Note: There era no nelurel drelnepe eoureee on lhle propsrly.
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