HomeMy WebLinkAbout08-26-1999 Regular Meeing and Public HearingMINUTES
ZONING BOARD OF ADJUSTMENT
MINUTES OF JUNE 2491999
Members Present: Sidney Grant, Ruben Salinas, Rod Rothermel, Charles Schoppe
Members Absent: Bob Capen, Willie Walker, George Maltsberger
City Staff Present: Chief Building Official Debbie Wilmore, Fire Marshal Paul
Hickenbottom, Assistant City Attorney John Armstrong, Planning
Secretary Peggy Lee
I. CALL TO ORDER.
Meeting was called to order by Chairperson Grant at 7:00 PM.
II. APPROVE MINUTES OF THE APRIL 22,1999 MEETING.
No objections were posed from the Board; Chairperson Grant declared the minutes
approved as presented.
III. CONSIDER APPEAL OF THE ENFORCEMENT OFFICER'S
DECISION #A99-001 REGARDING THE ELIMINATION OF THE
SEPARATION REQUIREMENT BETWEEN A RESIDENCE AND THE
GARAGE, AS PER SECTION 106-89(C) OF THE CODE OF
ORDINANCES OF THE CITY OF IA PORTE.
A. PROPONENTS
Chairperson Grant swore in Bill Herrick, the applicant. Mr. Herrick
addressed the Board in favor of his request.
B. OPPONENTS
There were none.
Motion made by Ruben Salinas to deny Appeal of the Enforcement Officer's
Decision #A99-001. Motion seconded by Rod Rothermel. All were in favor and the
motion passed.
Motion by Ruben Salinas to have the City of La Porte Building Dept. take
appropriate action to clear up any confusion about building codes relating to the
elimination of the separation requirement between a residence and the garage as
discussed during the meeting. Second by Charles Schoppe. All were in favor and
the motion passed.
IV. STAFF REPORTS
Initiated by Staff, the Board discussed the possibility of changing meeting times from
7:00 to 6:00. General concensus of the Board was to continue meeting at 7:00.
Workshop will be held July 1,1999.
i •
Zoning Board of Adjustment
Minutes of June 24,1999
Page 2of2
V. ADJOURN
Chairperson Grant declared the meeting duly adjourned at 7:15 PM.
Res ectfully submi ed,
Peggy
Secretary, Zoning Board of Adjustment
Approved on this 26'h day of August, 1999.
ZSidney ZGWV;;f
Chairperson, Zoning Board of Adjustment
STAFF REPORT
#SE 99-003
. A:
• CITY OF LA PORTE
ZONING BOARD OF ADJUSTMENT
SPECIAL EXCEPTION REQUEST-
--------------------------------------------- Application No.. - OQ
OFFICE _USEONLY: Fee.;._._.:$50.00 Date Received: �'
Receipt No.: _ I _D8?
NOTE: This Fee is Non -Refundable Regardless of the Board's Decision.
-------------------------
-------------
Applicant:
JJL
Address
I am the owner of the herein described property. I have authorized
to act on my behalf in this matter.
���LT!
Owner: �_G��ib-5-e_-__--_--•—_--
Avg-ro..------•-•,l-• 77-471 PH:
Address I
I am requesting a Special Exception to Sect. of the City
Zoning Ordinance.".- I am r questing this Spe ial xce tion for
property located at l i ic1E'_.__ ,,-
Address Legal Descript on
(V,� 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 Oust provide Authorization to act
on the Owner's behalf.
YJA _766,4w
ate Ap6licant'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 ( ) 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:
v✓(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:
Our street, South Y, is non -conforming, all 550 feet of it! It is a dead-end at both ends.
Every lot is 50' X 80' except the two on the water. All houses are closer to the street than
the 35' setback required by LaPorte. They are setback anywhere from 12' to 30' off the
edge of the street. Our neighborhood was clearly platted and built out before the code 106-
191 was written. There are several non -conforming fences, one of which is ours. We were
issued a permit in the spring of 196 to build our fence 16.25' from the edge of the
street. According to Charles Bates survey (see attached), there is 11.25 feet of street right
of way plus five feet to the front of our house making the front face of our house is 16' from
the edge of the street and only 5' inside our property line.
PAGE. 3
TYPE OF RELIEF BEING SOUGHT:
We are requesting a variance fora permit to extend our fence to enclose the balance
of our property. In doing so, we will remove an old fence that is six feet into the street right
of way. We have recently assumed responsibility for Lots 4 and 5 after an exhaustive 18
month search for owners -or heirs._ The property had been used as a trash dumping site until
we removed all the debris, mowed and paid the back taxes on it. We recently had an
irrigation meter installed on Lot 4 by the city of LaPorte.
THE GROUNDS FOR THE REQUEST:
1. We received a valid fence permit in the spring of '96 to build our existing fence, thus
establishing an acceptable variance at 16.25 feet.
2. We want the fence to be in line with the existing fence and the front face of our house.
3. We want to protect our property from trash dumping which occurs often.
4. We want to protect our orchard and garden from neighbor's dogs and children who
pick our fruit and flowers.
5. We want to continue the upgrading of our neighborhood and we are supported in this
effort by our neighbors and friends on Y street.
6. The fence extension will in no way prevent off street parking.
7. The fence extension will in no way restrict the property from returning to a conforming
use.
CED/1-'87
Staff Report -August 26,1999
Special Exception Permit Request #SE99-003
Requested bv: John & Catherine Focke, property owners
Requested for: Lots 4,5; Block 1; Oakhurst
Location: 111 South Y Street
Zoning: Low Density Residential (R 1)
Background: The applicants' house (111 South Y Street) is actually located on Lots 2,3 of
Block 1, Oakhurst. They purchased their property in May, 1995 and since
the adjoining lots (Lots 4,5) were never maintained, they hired a private
investigator to track down the owner or heirs of the adjoining properties.
The search lasted eighteen months and resulted in the applicants acquiring
the properties by paying the last ten years of unpaid taxes. .
In 1996, the applicants received a permit from the city to build a fence on
Lots 2,3. The fence permit application was submitted to the city without an
accompanying property survey. Their request was for a fence that would not
extend past the front of the house. Typically, the house would have a
twenty-five foot front setback so the installation of a fence in this location
would not be a problem.
However, the staff that helped the customer assumed a standard setback and
was unaware of the reduced lot depth and the fact that the existing house did
not comply with the minimum twenty-five foot front setback regulations.
The lack of a survey compounded the situation. The permit was issued and
the applicant has that fence in place on Lots 2 and 3.
At this time, the applicants are requesting an exception to allow the
installation of a front yard fence to be located on Lots 4,5. (See Exhibit A)
This new fence would connect to the existing fence located on their original
Lots 2,3 that was permitted in 1996. This exception is being requested under
the terms of Section 106-19 1 (b)(2)(a).
❖ To deviate a front yard requirement where the actual front yard setback
of any abutting lot does not meet the front yard setback.
Board of Adjustment
August 26,1999
#SE 99-003
Page 2 of 3
The Board must determine if this request is within the spirit of Section 105-
191(bx2)(a) of the Code of Ordinances of the City of La Porte.
Anal is: 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 a front yard fence across the front of Lots 4 and 5 with a
front setback of five feet off the property line.
Based on the existing fence location on the adjoining lots, staff believes the
request is eligible to be considered for the exception. The following two
issues should be considered: impact on neighboring property and the best
public interest.
The applicants do not feel their request will adversely impact the value, or
use of neighboring property or be contrary to the best public interest based
on the following reasons:
These lots are only eighty foot in depth, which is less than many lots
around town.
The fence currently in place across Lot 5 encroaches 6.2' into the Y
Street right-of-way. This encroachment would be eliminated with the
installation of the new fence.
Illegal dumping often occurs on Lots 4,5. They feel the fence would
eliminate this problem.
Based on the information provided in this report, the Board will decide if
granting this special exception will adversely impact the adjacent properties
or be contrary to the best public interest.
Board of Adjustment
August 26,1999
#SE 99-003
Page 3 of 3
Conclusion: Should the Board grant Special Exception #SE99-003, staff suggests the
following conditions be made part of the approval.
❖ The applicant shall obtain. a building permit prior to the installation of
the fence. The application shall reference #SE 99-003, its conditions
and the date of approval by the Board.
Appeals: As per Section 106-196 of the Code of Ordinances of the City of LaPorte:
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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EXHISM A
CHARLES E. BATES
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STAFF REPORT
#SE 99-004
.,.
• CITY OF LA PORTE
ZONING BOARD OF ADJUSTMENT
SPECIAL EXCEPTION REQUEST-
-------------------------------------------- ------
Application No.9_- 0 --
OFFICE_ USE ONLY: F.9 ;._,__,S5Q.00 Date Received:y ,
Receipt No.: 0 Ili 4 TO
NOTE: This Fee is -Non -Refundable Regardless of the Board's Decision.
------------------------------------------------------------------------
Applicant • Southwestern Bell Telephone/R.Wolverton, ' M9r. -Design/Cbnstr ..
Name
6500 W. Loop S., Zone 55A, Bellaire, TX 77401 PH.(713)561-8507
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 _y
6500 W. Loop S., We 55A, Bellaire, TX 77401 PH:(713)567-8507
�! Address-------l-_-
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 St=t- Lots 17-32,Blk 65,, Tarm of TaParte
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.
a If applicant is NOT -the -owner, he must provide Authorization to act
on the Owner's behalf.
Date plicant'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 ( )
Denied ( )
Notice of Board Decision mailed to Applicant/Owner: ---
PAGE 3
TYPE OF RELIEF BEING SOUGHT:
SEE ATTACHMENT
THE GROUNDS FOR THE REQUEST:
SEE ATTACHMENT
CED/1-'87
•
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
•
Southwestern Bell Telephone
August 4, 1999
City of La Porte
Zoning Board of Adjustment
P.O. Box 1115
La Porte, Texas 77571-1115
Re: Attachment to Special Exemption Request
Gentlemen:
•
6500 W. Loop South
Zone 55A
Bellaire, Texas 77401
Southwestern Bell Telephone desires to make an improvement to its Central Office located at
502 W. Polk Street in La Porte, Texas. This facility is presently located in an R-1 (Residential)
Zone and, therefore, is considered a non -conforming use.
The desired improvement is to modify the existing covered storage area in the parking lot
behind the office building. Southwestern Bell Telephone would like to add additional roofing to
cover the remaining storage space not previously roofed under Special Exception Permit #97-
001. This would result in a total covered storage area of 12' x 60'. Southwestern Bell
Telephone was granted Special Exception Permit #SE99-001 on February 25, 1999 for the
addition of a 10' x 20' Morgan Building " on wooden skids (see proposed location on the site
plan).
The reason for this request is the need for additional, covered storage space for the protection of
equipment. Please note that this additional covered area will be temporary in nature and, if
necessary, the roof of the covered storage area could be easily removed.
We are requesting a Special Exception to Section 106-191(b)(1) of the City Zoning Ordinance
No. 1501 in order to make this desired improvement. .
Thank you for your assistance in this matter. If you have any questions please do not hesitate
to contact me at (713) 567-8507.
Sincerely,
Randy olverton
Manager - Design and Construction
cc: Sandee Howell, CFA
•
•
Staff Report August 26,1999
Special Exception Permit Request #SE99-004
Requested bv: Southwestern Bell Telephone, property owner;
Randy Wolverton, Manager - Design and Construction
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 of an existing roofed over storage area could mean an
enlargement of the non -conforming use, but would not be an enlargement to
the existing primary 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 the
addition of a 10' X 25' covered area.
In February, 1999, the Board granted Special Exception Request #SE99-001
allowing Southwestern Bell to add a 10 X 20' storage building on a skid
foundation.
The applicant is now requesting an exception to allow additional roofing to
cover the remaining storage space (See Exhibit B) not previously roofed
under #SE 97-001. The original cover was 25' in length and the approved
cover in 1997 was 25' and a 10' separation was left between the two. The
additional 10' area is being requested for the protection of equipment. The
applicant considers it temporary in nature since the roof; if necessary, could
be easily removed. The applicant has no plans to enclose this area. This
exception is being requested under the terms of Section 106-19 1 (b)(1).
0
Board of Adjustment
August 26,1999
ME 99-004
Page 2 of 3
❖ 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 properly to a conforming use.
While the above noted language does not specifically ,apply to the expansion
of a covered roof area, the Board would need to decide if their request is
within the spirit of Section 105-191(b)(1) of the Code of Ordinances of the
City of LaPorte.
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.
❖ Expansion of a roofed storage area by connecting two covered areas into
one 12' X 60' covered area.
Staff believes the request is eligible to be considered for the exception. The
following two issues should be considered: impact on neighboring property
and the best public interest. The applicant does not feel his request will
impact their operation or the surrounding neighborhood.
Based on the information provided in this report, the Board will decide if
granting this special exception will adversely impact the adjacent properties.
Also, the applicant is willing to take any steps the Board feels may be
justified to ensure that granting this exception would not be contrary to the
best public interest.
Board of Adjustment
August 26,1999
#SE 99-004
Page 3 of 3
Conclusion: Should the Board grant Special Exception #SE99-004, staff suggests the
following conditions be made part of the approval.
❖ This 12' X 60' covered storage area must remain temporary in nature
(no enclosing walls may be added) and may not be increased in size.
❖ 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.
Appeals: As per Section 106-196 of the Code of Ordinances of the City of LaPorte:
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
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