HomeMy WebLinkAbout08-26-1999 Regular Meeing and Public Hearing (2)•
MINUTES
• •
ZONING BOARD OF ADJUSTMENT
MINUTES OF AUGUST 26,1999
~/ / / ,/
Members Present: Sidney Grant, Bob C~en, Willie Walker, ben alinas, Rod
Rothermel, Charles ~~ _choppe, George altsberger
Members Absent:
C~ Staff Present: Chief Building Official Debbie Wilmore, City Attorney Knox Askins,
Planning Secretary Peggy Lee
Note: Oaths of Offices were administered by Peggy Lee to re-appointed Members Sidney
Grant, Bob Capen, Willie Walker, Ruben Salinas, and Rod Rothermel, prior to the meeting
being called to order:
I. CALL TO ORDER
Meeting was called to order by Chairperson Grant at 6:55 PM.
II. APPROVE MINUTES OF THE JUNE 24,1999 MEETING.
With no objections from the Board, Chairperson Grant declared the minutes
approved as presented.
III. CONSIDER SPECIAL EXCEPTION REQUEST #SE99-003 WHICH
SEEffi TO ALLOW THE INSTALLATION OF A FRONT YARD FENCE
AS PER SECTION 106-191(B)(2)(A) OF THE CODE OF ORDINANCES
OF THE CITY OF LA PORTE.
StafFs report presented by Debbie Wilmore. Thirty (30) public hearing notices were
mailed. Eight (8) responses were received favoring the exception; none were
received in opposition; and two (2) were returned undeliverable.
A. PROPONENTS
Chairperson Grant swore in Sandra Tucker, of 110 S. "Y" Street
Ms. Tucker requested the Board permit the Focke's to construct a
fence because they have worked very hard to Beautify their property.
In the past, the property has been vandalized and used as a dump.
The fence would prevent people from entering and dumping.
Chairperson Grant swore in the applicant, John Focke. Mr. Focke
displayed a diagram showing the property layout for both sides of the
street. The diagram showed the existing fence and the location for
the proposed fence.
B. OPPONENTS
No opposition was presented.
• •
Zoning Board of Adjustment
Minuties of August 26,1999
Page2of3
Motion made by Bob Capen to approve Special Exception #SE99-003 with the
following condition:
• The applicant shall obtain a building pernut prior to installation of the
fence. The application shall reference #SE99-003, its conditions and the
date of approval by the Board.
Motion seconded by Ruben Salinas. All were in favor and the motion passed.
IV. CONSIDER SPECIAL EXCEPTION REQUEST #SE99-004 WHICH
SEESS TO ALLOW THE EXPANSION OF A ROOFED OVER STORAGE
AREA AS PER SECTION 106-191(B)(1) OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE.
Staff s report presented by Debbie Wilmore. Twenty seven (2'n public hearing
notices were mailed. One (1) response was received favoring die exception; one (1)
was received in opposition; and four (4) were returned undeliverable.
A. PROPONENTS
Chairperson Grant swore in Randy Wolverton. Mr. Wolverton
answered questions from the Board. The proposed roof will cover
an existing slab that is already .partially roofed. The covered storage
area is for materials that do not necessarily need to be stored indoors.
B. OPPONENTS
No opposition was presented.
Motion made by Rod Rothermel to approve Special Exception #SE99-004 with the
following conditions:
• The 12' x 60' covered storage area shall 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 all 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.
Motion seconded by Charles Schoppe. All were in favor and the motion passed.'
V. STAFF REPORTS
Debbie Wilmore updated the Board on the issues raised by Mr. Bill Herrick, of
Atlantis Homes, during the June meeting.
• •
Zoning Board of Adjustment
Minuties of August 26,1999
Page3of3
VI. ADJOURN
Chairperson Grant declared the meeting duly adjourned at 7:25 PM.
Res ctfully subrni ed,
Peggy
Secre , Zoning Board of Adjustment
Approved on this ~g day of ,1999.
~~~~~~
Sidney G
Chairperson, Zoning Board of Adjustment
• •
STAFF REPORT
#V99-001
CITY OF LA PORTS
. ZONIlVG BOARD OF ADJUSTIVIEEN'T
vA~~ANCE REQUEST
Application No.: x" Y y"V G ~
OFFICE USE ONLY: ~ Fee: 5100.00 Date Received: ~ ~•?8-
Receipt No.: __~?~ bit ~'~.
N e: This Fee is Non-Refimdable Regardless of the Board's Decision.
Applicant: o ~T' ~ ~0 P~C-~-T~ ES . ~Al C.. - r
Name `~~ ? ~d'~-~ 7 tf~'
_ ~~ D • ~aX X07. L,t1- G~ ^ X, 7 75~ 1
Address Phone
I am the owner of the herein described property. I have authorized
to act on my behalf in this matter. .
Owner:
Name
Address . Phone
Iam 1O(a 19~~6 a) ~ ~oc~~-m~ 01^di-~~/2c~5
requesting a variance to Sect. X of the C~7' Eee~g-A ' . 1.
I am requesting this variance for property located at tO .Z 9 /V . ~
~O ~' ~ ~ 7 -~1 YUI.. 3 2- . ~ f ~ C ~ ~ ~ S ~ Address
~~~ ~~s~
Legal Description ' .
()Site Plan ()Minor Development Site Plan
()Major Development Site Plan ()General Plaa
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 fads 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 malting this request.
* If applicant is NOT the owner, he mu provide Authorization to act on the Owner's
behalf.
O 2$ ~ - ~• ~ 0 Vwil~i
Date Applicant's Signature
Office Use Only
Site Plan and Authorization (if applicable) attached? Yes () N/o ( )
Date transmitted to the Board of Adjustments: / ~~ - / q
Meeting Date: ~ °~a s/~' 9 Applicant Notified of Date: ~~ 9
Notice to surrounding property owners -Date:
Board's Decision: Approved () Denied ( )
Notice of Board Decision mailed to Annlicant/owner:
x
A variance is a "deviation from the literal provisions of the Zoning Ordinance." The
City's Board of Adjustme~s 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 undevelopable
due to its unusual shape, narrowness, shallowness, or topography constitutes the
Primary example of hardship. gardships that are. financial in nature or due to the
owner's actions cannot be graded.
3) Granting the variance mast 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 variancx aDowing a commercial use in a residential zone
is not allowable.
Please remember it is the Applicant's respoasib~7ity to prove that a variance wi71
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 Tffi~SL.~MATTER:
Sc~. 4 IT~C~-e P~ ,
TYPE OF RELIEF BEING SOUGHT:
•
THE GROUNDS FOR THE REQUEST:
s~ _Q-~~ti ~z. ~ .
•
City of La Porte
Zoning Board Of Adjustment
Variance Request
Attachment to Application
September 28,1999
Page 1 of 2
Facts Relevant To This Matter:
As you know that the property is located on Barbours Cut Blvd and north 8a' street. We
had a tremendous amount of inquiries regarding leasing the property for building a truck
maintenance facility. Until the last month, due to zoning constraint (GC), we could not
develop the property for the past 10 years.
Due to an excellent cooperation and understanding of city officials, stafy members and
members of Planning and Zoning Commission, the property was rezoned from GC to BI
last month.
The council officials as well as the owners of adjoining properties appreciate that we
wish to improve the property that will create approzimately 15 new jobs in La Porte.
The property is very narrow, one half city block, having 16' alley on the west side of
the property. The dimension of the property is 125' X 400'. Traffic would need to
enter from the 8a' street, getting into building from the back of the building by
taking a large radius turn and taking exit from the front of the building to Barbours
Cut Blvd: This requires the building. to~ run east to west. Due to proposed truck use,
the 125' width presents a hardship. The current enforcement of zoning ordinance
creates hardship and makes extremely difficult to do a viable project. A copy of the
site plan is attached herewith.
The front of the building will be facing Barbours Cut Blvd. We wish to construct a truck
repair center that is needed on Barbours Cut Blvd for a long time. The proposed project
will be in favor of public interest.
The proposed building will be built as a class A property. It will compliment the La
Porte Travel Plaza (truck stop) across the street. It will create a very positive
impression to visitors going to Port.
Zone BI allows for building a truck repair center.
We are seeking avariance /relief for a side yard set back on the west side of the
property.
•
Port Properties, Inc.
September 28, 1999
Page 2 of 2
Type of Relief Being Sought:
We wish to improve the structural and environmental image on Barbours Cut Blvd,
which happens to be the first exit on Highway 146 south and a gateway to city of La
Porte.
We are sincerely requesting that we should be granted a relief by ,providing a
variance to build the proposed building 5' feet away from the property line on the
west side instead of 30' away. The 16' alley runs parallel to the property on the west
side.
The Ground for the Request:
The property is very prominent corner for the proposed use. However, the property is
very narrow in width (only 125' feet from east to west) and very long in depth (400' feet
from north to south). The enforcement of current zoning ordinance results in
hardship for developing the property.
In order to develop the property, we need 4 bays each of 20' in width and a office with
minimum of 10' feet width. The total width of the building comes to 90'.
If we have to keep 30' side yard setback on north 8s` street and another 30' feet side yard
setback from the west side that leaves only 65' feet width to build on, whereas we need
minimum of 90' feet width.
Only the way we can proceed with the proposed project is to receive the requested
variance to keep 5' side yard setback from the west side and leaving 30' side yard set
back in tack towards north 8s' street.
O 125' Total width available of the property
O 30' Set back from Std Street (east side of the property)
90' Proposed building width
5' Set back from alley (west side of the property)
125' Total width needed
HL&P has agreed to relocate one light pole alteast 10' away from the proposed building.
Therefore, there will be no utility obstacles to the project.
Keeping in view with the long term economic developmental growth of the city of La
Porte, we are confident that Zoning Board of Adjustment, city officials and staff
members will consider our request favorably.
•
•
Staff Report October 28,1999
Variance Request #V99-001
Regaested bv: Port Properties, Inc., Property owner.
Requested for: Lot 17-32; Block 335; Town of La Porte.
Location: 629 N 8m Street
Zoning: Business Industrial (Bn
Background: During its July 15, 1999 meeting, the Planning 8t Zoning Commission held a
public hearing to consider a rezone request for the above described property.
The Commission, by unanimous voter recommended approving the zone
change request from General Commercial (G:C.) to Business Industrial
(B.L). On August 9, 1999, City Council approved Ordinance #1501 FF,
which formally changed the property zoning to B.L The site in question is
fenced and in the past it included a small office building and accompanying
storage yard. The applicant requested the zone change to enable him to
develop a truck mairrtenance building that would be similar to and
compliment his other business at Harbours Cut Blvd./Hwy. 146, known as
the Port Auto Truck Stop and Motel.
Based on the city's zoning regulations, minimum yard setbacks for B.I.
property are: Front - 50'; Rear - 40'; and Sides - 30'. The proposed
development would meet all but one of the setbacks. The owner is asking
for a variance on one of the side setbacks. He would like to construct the
proposed 70' X 90' building within five foot (5') of the west property line.
This property line adjoins asixteen-foot, (16') city alley, which means a
twenty-one foot (21') setback from other private property.
The applicant has contacted Houston Lighting and Power (1`II.&P) and
checked into the need of relocating any electrical poles/equipment that may
be impacted by such a development. The applicant understands he is
responsible for any expense HI.&P incurs in this matter and is agreeable.
The nature of the proposed business makes it necessary to face north towards
Harbours Cut Blvd. This would allow traffic to directly enter the four work
bays and provide the depth necessary to easily exit the property via North 8'~
Street. In this part of town, lots are platted as 25' X 125' in size. This makes
the overall size of the property 400'long by 125' in depth (See Exhibit A)
• •
Board o~Adjustment
October 28,1999
#V99-001
Page 2 a~3
If he is unable to face his building north (to use the 400' depth) or if he is
unable to have four work bays in his building, the applicant has indicated the
project would not be feasible.
A twenty-five foot (25') exception to the required 30' setback is being
requested. This would allow the building to be constructed within five foot
(5') of the west property line that adjoins the city's 16' alley. All other
setbacks would meet the city's business industrial regulations. (See Exlu'bit
B). This variance is being requested under the terms of Section 106-
192(bx2) of the City's Code of Ordinances.
Analysis: The Code of Ordinances defines a variance as a deviation from the literal
provisions of this chapter which is granted by the board when strict
conformity to this chapter would cause an unnecessary hardship because of
the circumstances unique to the property on which the variance is grat-ted.
Except as otherwise prohibited, the board is empowered to authorize a
variance from a requirement of this chapter when the board finds that all of
the following conditions have been met.
a) That the granting of the variance will not be contrnry to the public
interest;
b) ~ That literal enforcement of this chapter will resuh in unnecessary
hardship because of exceptional narrowness, shallowness, shape,
topography or other extraordinary or exceptional physical situation
unique to the specific piece of property in question. "Unnecessary
hardship" shall mean physical hardship relating to the property itself as
distinguished from a hardship relating to conveniences financial
considerations or caprice, and the hardship must not result from the
applicant or property owner's own actions; and
c) That by graving the variance, the spirit of this chapter will be observed.
• •
Board of Adjustment
October 28,1999
#V99-0Ol
Page 3 of 3
The Board must decide if the applicant's request for constructing a building
five-foot (5') off the west property line is justified based on the 125'
property depth Winning east to west. Also, whether granting this variance
will not be contrary to public interest and the spirit of this chapter is still
observed
The highest and best use of this property is recognized as industrial.
Therefore, the property in question has been zoned B.I. by city. The original
platting of the lot and block grid layout of the Town of La Porte did not
consider industrial or large area uses. The 125' lot depth is exceptionally
narrow when placed in the context of B.I. zoning. It would seem reasonable
and within the spirit of the zoning regulations to r~iuce a building setback
which is adjacent to an alley and developed commercial property.
Conclusion: Based on the facts and considerations noted in this report, the Board is being
asked to consider the applicant's variance request #V99-0Ol thus allowing a
five foot (5') building setback off the west property line.
ADDeaI3: As per Section 106-196 of the Code of Ordinances of the City of La Porte:
Any person or persons, joitrtly or severally, aggrieved by any decision of the
Board of Adjustment, or any taxpayer, or any officer, department, board or
bureau of~the aty may present to a court of nycoWi 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
\ .. _ ..ias~ ~
' `i.•.
. e
e .
.. ~
' ~ r
~.
. a,
~ .
l
f ~i'
~ 1
I
i ~ i
Z ~, ~ ~
i O .~
..
~. ~ ~..
°P I ~L.~
r .,
~ ~ ~ ~
-t- .
o g$.a ~'~
~ ~ ~ ~ ;
r
~,
..
..
--
• ~.` .
c` ~ •
~~~ :~ .
,~ o
. a '~ C
~,
' i
Gl . ,. ~a@~ ~ '
s ~ ~ ~ r
~ ~ ' '~~
f SA~I30kR1 C.uT
.:~
..
r'.
~ "
.~
:.,
.. , r ,
E9~IIB[r' ' .
~~
. ~~
~~~ ~
4 M
S
I
1
e®~ I
~ ~ ~ ...I
i
.~
. I
I
~~ '
~~~e I
i<Q~ ~
~:~ ~ ~
~ F a ~
6 ~~ ~
~ 6 ~
~° ~ ~~~
~ ~
Y,
~~~~~ s
~~
~~ ~~ ~ ~
s
p ~
#~ ~~-~
~ ~~ ~
~~
F
~1)
~ ~X i
`~ ~I~~
.EAST - 125.00'
-" WEST BARBOURS CUT BLVD.
(goo' Row.)
r---------------
i
i
829 N. 8TH STREET
_Lg PORTE. TEXAS 77571
90'-0'X 70'-0' BUILDING
0
n
~
(
O V. 'P
.D ~ ~ `
0 0 ,~
~' n
o
~ !~ y
~Z
= Z
. n._ FD.
$Z
~.
.
,
~ ~ A b
~yc~ m Z
~
~~
~ z
J
~
^
C
N
D
W
Follie Conetruotion Iac.
y~ oensnl Coa4uuea~s
Y t~0~ O71r11 i ~ i
I
NORTH "E" STREET
ao' e.ow.)
~~k _ WEST - 125.00' _ ~ _ ~ 4 ~ - -
.< . . --~-
gg ---I-- '--- 25' B=~' '--~ I
I4 I I
i i I ~ m. ~ I ~~ ' I
- I ~ - - - I
I~ ~ ~.~~
r1
•