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Home My WebLink About12-04-97 Regular Meeing and Public HearingOATHS OF OFFICE OATS OF OFFICE I, George Maltsbe er , do solemnly swear (or aim), that I will faithfully and impartially execute the duties imposed upon me by law as an Alternate Member of the LaPorte 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. SWORN TO and subscribed before me, this 25th day ofFeb><ua:y, 1999. „u NI PEOW LEE a MY COMMISSION EXPIRES , September 19,1999 George Maltsberger �,4L6,xl Y Lee Notary Public for the State of Texas • • OATH OF OMCE 1, Charles Sch Me , do solemnly swear (or affirm), that I will faid"y and impartially exeaxte the duties imposed upon me by law as an Alternate 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. SWORN TO and subscnbed before me, this 25th day of February, 1999. AF PEGGY LEE (2w. MY COMMISSION EXPIRES September 19,1W Charles Schoppe aw Peggy Lee Notary Public for the State of Texas MINUTES Z�IVING BOARD OF ADJUS • MINUTES OF DECEMBER 4,1997 Members Present Chairperson Deborah BerrW, Board Members Willie Walker, Bob Caper, John Willis, Ruben Salinas, Rod Rothermel Members Absent Sidney Grant City Staff Present Director of Planning Guy Rankin, City Attorney Knox Askins, Planning Secretary Peggy Lee I. CALL TO ORDER Meeting was called to order by Chairperson Bernay at 7.05 PM. H. APPROVE THE MINUTES OF THE SEPTEMBER 25,1997 MEETING. With no objections from the Board, Chairperson Bernay declared the minutes approved as presented III. CONSIDER SPECIAL EXCEPTION #SE97-004 TO ALLOW CONSTRUCTION OF A ROOFED OVER PARKING STRUCTURE ADDITION WITH A SIX INCH (6") FRONT YARD SETBACK. THIS EXCEPTION IS REQUESTED FOR THE PROPERTY LOCATED AT 202 N.18m STREET. Guy Rankin presented staffs report. Mr. Rankin explained that the applicant, Douglas Latimer (property owner), for Mechanical Repair and Engineering, was requesting a special exception for the property located at 202 N.18' Street. Proposed for construction is a roofed over parking structure that would be attached to and in line with the existing bw7ding, which is located six inches from the front property line. Previous additions to the original structure occurred at a time when a structure could be built up to the property line. Public notices were maned to 13 � property owners. One reply was received in favor of the exception; none opposed; and one was returned undeliverable. Staff recommended approval of the exception. A. PROPONENTS Chairman Bernay swore in Doug Latimer, III. Mr. Latimer told the Board that a covered storage area is being proposed and would like the extension to be in line with the original building. Zoning Board of Adjustmfe • Minutes of December 4,1997 Page 2of2 B. OPPONENTS There were none. A motion was made by Bob Capen to approve Special Exception SE97-004 with the following condition: 1. Special Exception SE97-004 shall be noted on the minor development site plan that must be submitted to and reviewed by the City for the issuance of a building permit. John Willis seconded the motion. All were in favor and the motion passed. IV. STAFF REPORTS There were none. V. ADJOURN Chairperson Bernay declared the meeting duly adjourned at 7:14 PM. Respectfully submitted, ._WN Approved on this 25'b day of February, 1999. 4 idney t Chairperson, Zoning Board of Adjustment STAFF REPORT #SE 99-001 SOUTHWESTERN BELL • CITY OF LA PORTE ZONING BOARD OF ADJUSTMENT SPECIAL EXCEPTION REQUEST- ---------------------------------------=------------------------------- Application No.: OFFICE USE ONLY: e_e;-_-__$50'.00 Date Received: _ 2 �-�+�' � Receipt No.: �'Qo�G% NOTE: This Fee is Non -Refundable Regardless of the Board's Decision. ----------------------------------------------------------------------- Applicant : Southwestern Bell Telephone/R. WQlv�M,% Mar-resign/cbnst. Name 6500 W. Loop S., Zone 55A, Bellaire, TX 77401 PH: (713) 567-8507 Address I am the owner of the herein described property. I have authorized to act on my behalf in this matter. Owner*: Southwestern Bell Telephone Name 6500 W.- UQW S. , Zone 554-Be l a; re.. TX 77401- P H : (713) 567-8507 Address ' I am requesting a Special Exception to Sect. 106-191(b) (1) " of the City Zoning Ordinance No. 1501. I am requesting this Special.Exception for property located at 502 W. Polk Street Lots 17-32, Blk 65, Town of LaPorte Address Legal Description (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.). c) The grounds upon which I am making this request. * If applicant is NOT the -owner, he =ust provide Authorization to act on the Owner's behalf. / —a-4id f✓ Date A & mature ----------------------=-----------------=------------------------------ OFFICE USE ONLY Site Plan and Authorization (if applicable) attached? Yes (61 No ( ) Date transmitted to the Board of Adjustments: q 9 Meeting Date: '2 a✓�l L_�_ Applicant Notified of Date: 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: ' (a) Exceptions to front yard requirements if'front yard - setbacks are not met on abutting pieces of property. (b) Exception to rear yard setbacks if any four (4) lots within a block do not meet setback requirements.. (c) Exceptions to yard requirements on corner lots. (d) Exceptions to front yard requirements if existing front yard setbacks on a block are not uniform.. (3) Waiving or reduction of off street parking and loading requirements if the Board feels they are unnecessary for the proposed use of a building or piece of property. Please remember it is the Applicant's responsiblity to prove that a Special Exception will meet the above conditions: If there is not adequate room on the remainder of this form to list all pertinent information, please feel free to attach an additional letter or any information and exhibits you feel the Board should consider. FACTS RELEVANT TO THIS MATTER: SEE ATTACHMENT PAGE 3 TYPE OF RELIEF BEING SOUGHT: SEE AZTACIMEW THE GROUNDS FOR THE REQUEST: SEE ATTACHMENT CED/1-'87 South tern • Bell Telephone "The One to Call On", February 10, 1999 City of La Porte Zoning Board of Adjustment Re: ATTACHMENT TO SPECIAL EXEMPTION REQUEST Gentlemen: Southwestern Bell Telephone desires to make improvements to it's Central Office located at 502 W. Polk Street in La Porte, Texas. The facility is presently located in an R-1 (Residential) Zone and, therefore, is considered a non -conforming use. Improvements will include the addition of an 8' x 20' prefabricated building (Morgan Building or approved equal) on skids. The building will be located in the parking lot behind the central office building. The proposed building is needed to support the expanding operations of Southwestern Bell Telephone in the La Porte area. We are requesting a "Special Exemption Permit" in accordance with Section 106-191 (b)(1) of the City of La Porte Zoning Ordinance. Southwestern Bell Telephone is agreeable to installing additional screening, if required. Sincerely, Randy Wolverton Manager — Design and Construction 6500 W. Loop South, Zone 55A Bellaire, Texas 77401 RW/SH/paf cc: Sandee Howell, CFA Staff Report February 25,1999 Special Exception Permit Request #SE99-001 Requested bv: Southwestern Bell Telephone, property owner. Requested for: Lots 17-32; Block 65; Town of LaPorte. Location: 502 W. Polk Street Zoning: Low Density Residential (R-1) Background: According to the City's current zoning map, which was approved on January 26, 1987 and later replaced by the map dated September 25, 1989, the property is currently zoned R-1. (See Exhibit A). Based on the map the current property use is considered "non -conforming". The proposed expansion by the installation of a portable accessory (storage) building could mean an enlargement of the non -conforming use, but would not be an enlargement to the existing structure. The proposed expansion would be totally confined within Southwestern Bell's current lot of record. In February, 1997, the Board granted Special Exception Request #SE97-001 allowing Southwestern Bell to expand a parking lot which included a roofed over parking area. At this time, the applicant is requesting an exception to allow an expansion with the installation of a portable 8 X 20' storage building that could easily be removed and would not prevent the return of property to a conforming use. This exception is being requested under the terms of Section 106-19 1 (b)(1). ❖ To reconstruct, enlarge or extend a building occupied by a nonconforming use on the lot or tract occupied by such building, provided that the reconstruction, extension or enlargement does not prevent the return of the property to a conforming use. While the above noted language does not specifically apply to the installation of a portable storage building staff believes that this situation is within the spirit of Section 105-191(b)(1) of the Code of Ordinances of the City of LaPorte. (See Exhibit B). The City Attorney has concurred with their belief. Board of Adjustment February 25, 1999 #SE 99-001 Page 2 of 3 Analysis: The Code of Ordinances defines a special exception as a specified enumerated deviation from zoning regulations. The Board 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. Regarding this request, the relief being sought is covered by the terms of the Special Exception Section. ❖ Installation of an 8 X 20' accessory storage building on a skid foundation. Based on these factors, staff believes the request is eligible to be considered for the exception. The issues to consider are impact on neighboring property and the best public interest. The proposed accessory building is shown to be approximately 3' off the interior side property line along the city alley. This is a standard setback for accessory buildings. This placement will put this building in line with the existing office building and covered area. (See Exhibit Q. The placement of the building will eliminate 3 parking spaces; however, the applicant feels this will not impact their operation or the surrounding neighborhood. Based on these considerations, it does not appear that granting the requested special exception will adversely impact the adjacent properties. Also, the applicant is willing to provide any additional screening the Board feels may be justified. Therefore, it does not appear that granting this exception would be contrary to the best public interest. Board of Adjustment February 25, 1999 #SE 99-001 Page 3 of 3 Conclusion: Based on the facts and considerations noted in this report, staff supports the request to grant Special Exception #SE99-001. Staff suggests the following conditions be made as part of the approval of #SE99-001. ❖ This building must remain temporary in nature (remain on a skid foundation) and may not be increased in size. ❖ Identification of the Special Exception information (permit number, date of passage and any conditions) be noted on the minor development site plan that must be submitted to the city prior to approval and issuance of a building permit. Anneals: As per Section 14-196 of the Code of Ordinances of the City of La Porte: 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 may present to a court of record a petition for a writ of certiorari, as provided by V.T.C.A, 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 days after the filing of the decision in the office of the Board of Adjustment. EXHIBITS ■-a r C� r � u •..� r.ti ■ cri t-�� ■� �� :s [a r� :.= . �� ._s_a�L� - — —IL-1 ■ Csta r � ■a �„ ■� r ■ice E» �.� uw c� r ca■a ■-� c� ra (�� u F urr� [ _ a�� ` �• ■�� i to urr8 r lM /" v ib L J � ea. ■ \ L�. . r_� ur ■ r rm� r:s ♦ � cv ■� C� ■-,_ cam■ u 1. � • .-� r � Ll� . r■a �� . to r.� a� rJ�■ a� r-� r_n♦ L� r�� r �. C� ■� . t� f_�■ r ra - � r.aa Lam■ . .ate ■-� r.�s e� [�■ ■� ir, ■ - � ■— r s� ■ � ■�iI a tom■ r' rt:_ L�•:1 a >•■ ■sa r-- � La_ • CI•I L� [-�� t! �I r_ s LJAract CJi a rt� .�� rt:a■ �� rt_ �� - Lli Fta ■� ■"ta Lti ■� L� t trra r � ■sue r .� �■� ..� 4 ra Lar La L— a � ■ tit■ ■Z� ■J.t■a ■,�(\ •7_ r.ai� c�ra ■a ■�� ■� ■ � e'er usi■s ��F� r:_ ■ � bra ■,� ram. L� La �� r ■a ■ t�� L1 ♦ `cJ tS r 'J V 1 LAI _a u ti Lt 'u —: La�IL as IL Ks -. t :n• ■AM M _ MR Kim v� r .� Ls � urr� c Jr� L� 1 I■ ■ .� L� ■.: �� I r-� La•� L Mi M L;Nmm ��G r+r+ •�Ir•■�■1�� 1•.unn.pu d1will ,gill ■a. as • ■.ate ■ c� § 106-191 LA PORTE CODE DIVISION 6. SPECIAL EXCEPTIONS AND VARIANCES* Sec. 106-191. Special exceptions. (a) Application for special exceptions. All applications for special exception to the terms of this chapter shall be in writing and shall specify the facts involved, the relief desired, and the grounds therefor. Each such application shall be filed, along with the appropriate fees, with the enforcement officer who after investigation shall transmit such application together with his report to the board of adjustment within ten days after the filing of the application with the enforcement officer. (b) Special exceptions to be reviewed; finding of facts: The term "special exception" shall mean a deviation from the requirements of this chapter, specifically enumerated herein, which shall be granted only in the following instances, and then only when the board finds that such special exception will not adversely affect the value and use of adjacent or neighboring property or be contrary to the best public interest: (1) To reconstruct, enlarge or extend a building occupied by a nonconforming use on the lot or tract occupied by such building, provided that the reconstruction, extension, or enlargement does not prevent the return of the property to a conforming use. (2) To deviate yard requirements in the following circumstances: a. Any exception from the front yard requirements where the actual front yard setback of any abutting lot does not meet the front yard requirement. b. 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. C. A yard exception on corner lots. d. An exception where the existing front yard setbacks of the various lots in the same block are not uniform, so that any one of the existing front yard setbacks shall, for buildings hereafter constructed or extended, be the required minimum front yard depth. (3) To waive or reduce off-street parking and loading requirements when the board finds the same are unnecessary for the proposed use of the building or structure for which the special exception request -applies. (c) Hearings on applications for special exceptions. The board of adjustment shall fix a reasonable time for the hearing of all applications for special exceptions, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time as specified in section 106-194. Upon the hearing any party may appear in person or by agent or by attorney. *Editor's note —See also section 106-89 for additional rules for hearings in front of the zoning board of adjustment. CD106:32 s GROSS pv#;Th *7v $MWE'r OIR GRASS 517PPr wic 9 M Zw LAP OR ri GReES FjF-LV C,V, 9313 F �€ -10 As j I §ift iy e6 SOUT14- 004", PROP. 8' x 20 MORGAN BUILDING 'OR L -Y .iSTmG 63 PAPKiNG SPACES 2 HC PARKING SPACES =2�opccml 6r. -ARKING SPACES 4!' zARKING SPACES I ECOVERER To It. gr rAREA GIR055 38 PQRTaDLF— STq94fjf 9M. 4f 5F II SCE: 20' Sw Z dt FEB 11 i92- @Southwestern Telephone noo PRC)P. S' x 20' ACCESSORY BJUILDING LAPORTE. TEXAS �iIw. SC&L—1 PL. '*- 20 stma wo. i,. k,& mcna -am PRE --AM E' .Car Qrl z E 0� r wE-471 L.: LAP,)R7E '47-.' In.as" PROXC7 ?; A7c INC JW L & ASSOCI