HomeMy WebLinkAbout04-22-1999 Regular Meeing and Public Hearing•
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MINUTES
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ZONING BOARD OF ADJUSTMENT
MINUTES OF FEBRUARY 25,1999
Members Present: Sidney Grant, Willie Walker, Ruben Salinas, Charles Schoppe,
George Maltsberger
Members Abseat: Bob Capen, Rod Rothermel
C~ Staff Present: Chief Building Official Debbie Wilmore, Assistant City Attorney
John Armstrong, City Planner Masood Malik, Planning Secretary
Peggy Lee
I. CALL TO ORDER
Meeting was called to order by Chairperson Grant at 7:00 PM.
II. ADMINISTER OATH OF OFFICE TO CHARLES SCHOPPE, NEWLY
APPOINTED MEMBER, ALTERNATE ONE POSITION.
Assistant City Attorney, John Armstrong, administered the Oath of Office to
Charles Schoppe.
III. ADMINISTER OATH OF OFFICE TO GEORGE .W. MALTSBERGER,
NEWLY APPOINTED MEMBER, ALTERNATE TWO POSITION.
John Armstrong administered the Oath of Office to George Maltsberger.
IY. APPROVE MINUTES OF THE DECEMBER 4,1997, MEETING.
No objections were posed from the Board; Chairperson Grant declared the minutes
approved as presented.
Y. CONSIDER SPECIAL EXCEPTION REQUEST #SE99-001 WHICH
SEEffi TO ALLOW AN EXPANSION WITH THE INSTALLATION OF
AN ACCESSORY (STORAGE) BUILDING IN ALOW-DENSITY
RESIDENTIAL (R-1) ZONE AS PER SECTION 106-191(B)(1) OF THE
CODE OF ORDINANCES OF THE CITY OF LA PORTS.
Chief Building Official, Debbie Wilmore, presented staffls report. The applicant,
Southwestern Bell, requested a special exception to install an 8' x 20' portable storage
building on skids at their present location.
Public notices were mailed to thirty surrounding property owners. The City received
one reply in favor and two opposed to the special exception.
Staff recommended approval of the exception.
A. PROPONENTS
John Armstrong swore in Randy Wolverton Mr. Wolverton told the
Board that Southwestern Bell was requesting pern~ission to install a
portable building at their work center. The building will be used to
Zoning Board of Adjustm~
Miautes of Febmary 25,1999
Page 2 of 2
store supplies and serve as a centralized location where supplies can
be picked up.
Chairperson Grant brought up the possibility of Southwestern Bell
providing screening for the building. Mr. Wolverton explained that
Southwestern Bell does not normally provide screening for their
work centers, however, have offered to do so at this location if the
Board chooses to make it a condition of approval.
B. OPPONENTS
There were none.
A motion was made by Ruben Salinas to approve Special Exception #SE99-001
with the following conditions:
1. The building must remain temporary in nature (remain on a skid foundation)
and may not be increased in size.
2. Identification of the Special Exception information (permit number, date of
passage and any conditions) shall be noted on the minor development site
plan that must be submitted to the City prior to approval and issuance of a
building permit.
Willie Walker seconded the motion. All were in favor and the motion passed.
VI. STAFF REPORTS
There were none.
vii. ADJovRN
Chairperson Grant declared the meeting duly adjourned at 7:12 PM.
Respectfully submitted,
. z ._
Peggy Le
Secretary, Zoning Board of Adjustment
Approved on thi dap of ,1999.
Sidney G
Chairperson, Zoning Board of Adjustment
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STAFF REPORT
SE #99-002
AMERICAN LEGION, POST 428
• CITY OF LA PORTE •
ZONING AOARD OF ADJUSTMENT '
SPECIAL EXCEPTION REQUEST
-----s ~-------------------------------- ------------------- ------
E~~,,~sb~' Application No.. 99 OOoZ
OFFICE USE .ONLY : Fee,;._._._:550.00 ~ Qom, Date Received : 3 _o?~f _ q,q
Receipt Ne.: ~+~. I~-
NOTE: This Fee is Non-Refundable Regardless of the Board's Decision.
Applicant: ~~~~~N~Z~__._._._,_____r.r._____ ,.
Name
~_D~R~o~c,_ jq, ~ LA 1 on~T ~n s '7 7 57 _ PH : 281.4'LI- 28G?
Address
I am the owner of the herein described property. I have authorized
_~,,,,~,~,~J~,~~y~~,~,~.Q1E~"" ___._._._. to act on my behalf in this matter.
Owner*: ~QlL9.N.~elOl~J.~~~ 4Z~.____-~,~ _.
Name
__P n~.~s~c~.~.-~ ~.~~F.~ceS_:?_7.,572 _. PH. Z~i"4l1_ 2~
Addre s
I am requesting a Special Exception to Sect. /O~a"~ 91 ~ ~~~~~ of the City
Zoning Ordinance No. 1501. I am requesting this Special Exception for
property located at 111,~,2..~.~ 5~ ___~r_3_~vcr 38 Lo_~~~Tosy~•y~ L.~+ Pea.Z~
Address 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.
Date pplicant's Signature
-----------------------------------------------------------------------
OFFICE USE ONLY
Site Plan and Authorization (if applicable) attached? Yes (~ No ( )
Date transmitted to the Board of Adjustments: `~~ _..~~
Meeting Date: ~~.~~ ,~ Applicant Notified of Date: _._.___.__._._._._.__
Board's Decision: Approved ( ) Denfed ( )
Notice of Board Decision mailed to Applicant/Owner: _.___..___.___.__
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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 excepY,ions 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:
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PAGE 3
TYPE OF RELIEF BEING SOUGHT:
Aga ». vrrf __,.~ ~ ~.
T
~~
THE GROUNDS FOR T~~H,,~~E RDE~~QUEST:
T_________""'
CED/1-'87
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The American Legion Post 428
P. O. Box 14
LaPorte, Tx 77572-0014
Bill White, Commander
Phone: 281-471-2867
Apri15, 1999
Zoning Board of Adjustment
City of La Porte
P. O. Box 1115
La Porter Tx 7752-1114
RE: SPECIAL EXCEPTION #99-002
To Whom It May Concern:
The American Legion Post 428 wishes to make improvements to our site located
at 111 South 2°d Street, LaPorte, Texas. Currently on site there is the Legion Post Hall
(previously the "original" city hall for La Porte) and an existing slab that has been used
for a covered barbecue area.
We have obtained city permits for the leveling and preservation work on the
original city hall and upon completion, plan to enter into a contract with the City. The
contract will grant the City ownership and use of the building for rental purposes. This
change in use and ownership results in a need for a secure area for the daily operations
(ot~ice and storage) of the Post. We are proposing the construction of a new 20' X 20'
officelstorage accessory building on the existing slab located at the rear of the property.
We have confirmed the existing slab is adequate for the proposed building; the
slab location does not meet current yard setback regulations. The slab is located seven
feet (7') offthe northern property line an`d this corner yard setback does not comply with
the required ten feet (10') in current regulations. However, to avoid altering an
existing/usable slab we are asking for athree-foot (3') exception. The property adjoins a
sixteen-foot (16') improved alley with limited traffic and would not create a problem.
Also, the principle building ("old" city halUAmerican Legion Hall) is only seven feet (7')
which would provide a utiform look to the site.
American Legion Lette~ •
Board of Adjustment Attachment Letter
Page 2 of 2
Section 106-191(b)(2)(c) of the City's Code of Ordinances allows for such
exception. We do not believe this change will adversely affect adjacent or neighboring
properties or be contrary to the best public interest. Thank you for your consideration in
this matter.
Respectfully, . _
Bil White, Commander
American Legion Post 428
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Staff Report April 22,1999
Special Exception Permit Request #SE99-002
Requested bv: American Legion Post 428, property owner.
Requested for: Lot 7; Block 38; Town of La Porte.
Location: 111 So. 2°d Street
Zoning: General Commercial (GC)
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 General Commercial (G.C.) (See Exhibit A).
Prior to the current use, the building was the original city hall for La Porte.
The current use is classified as SIC #8641 (Veteran's Organizations) and
under current zoning regulations would be considered "conditional" in a
G C. zone. A "conditional use" simply means it is reviewed by the Planning
& Zoning Commission and City Council prior to the issuance of any
construction permits. However, in this case the American Legion has used
this location since 1937.
The American Legion Post 428 has obtained city permits for the leveling and
preservation work on the original city hall and upon completion, they plan to
enter into a contract with the City. The contract will grant the City
ownership and use of the building for rental purposes. This change in use
and ownership results in a need for a secure area for the daily operations
(office/storage) ofthe~Post. They are asking for a Special Exception to allow
the construction of a new 20' X 20' officelstorage accessory building built
on an existing concrete slab located at the rear of the property (See Exhibit
B).
This expansion would be totally confined within American Legion's current
lot of record. The applicant is requesting athree-foot (3') side yard
exception for their corner lot. This exception is being requested under the
terms of Section 106-191(b)(2)(c) ofthe City's Code of Ordinances.
• To deviate a yard requirement on a corner lot.
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Board of Adjustment
Apri122, 1999
#SE 99-002
Page 2 of 3
While the lot in question is not located at the corner of two street right-of-
ways, it is located at the corner of an improved sixteen-foot (16') alley and a
street right-of--way. The alley is used for vehicular trafl"ic/access to
businesses along Main Street and staff feels the exception is needed to
establish the proposed seven-foot (7') side yard setback off the northern
property line. We believe that this situation is within the spirit of Section
105-191(b)(2xc) of the Code of Ordinances of the City of La Porte. (See
Exhibit B). The City Attorney has concurred.
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.
• Construction of a 20' X 20' office/storage accessory building on an
existing slab foundation located three-foot (3') off the northern property
line (alley).
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. This would allow the use of an existing slab and
provide a uniform look to the property since the principle building is seven-
foot (7') offthe northern (alley) property line.
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.
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Board of Adjustment
ApN 22, 1999
#SE 99-002
Pam 3 of 3
Conclusion: Based on the facts and considerations noted in this report, staff supports the
request to grant Special Exception #SE99-002.
Aooeals: Asper Section 106-196 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.
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EXHIBITS
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AMERICAN LEGION
PROPERTY
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