Loading...
HomeMy WebLinkAbout03-22-2001 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment• C7 MINUTE S • • ZONING BOARD OF ADJUSTMENT MINUTES OF MARCH 22, 2001 Members Present: Chairperson Sidney Grant, Willie Walker, Rod Rothermel, Alternate No. 1 Charles Schoppe, Alternate No. 2 George Maltsberger Members Absent: Bob Capen, Ruben Salinas City Staff Present: Chief Building Official Debbie Wilmore, Assistant City Attorney John Armstrong, Planning Secretary Peggy Lee I. CALL TO ORDER. Meeting called to order by Chairperson Grant at 7:00 PM. II. ADMINISTER OATH OF OFFICE TO GEORGE MALTSBERGER, ALTERNATE 2 POSITION. Oath of Office administered by Assistant City Attorney John Armstrong. III. APPROVE MINUTES OF THE OCTOBER 12, 2000, MEETING. Minutes approved as presented. IV. CONSIDER APPEAL OF THE BUILDING OFFICIAL'S DECISION #A01-001 WHICH SEEKS TO ALLOW THE CONSTRUCTION OF A SWIMMING POOL WITH REDUCED SETBACKS TO THE ADJACENT STRUCTURE AND UTILITY EASEMENT AS PER SECTION 106-89(3) OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE. Chief Building Official Debbie Wilmore presented staffs report. Priscilla Mora is attempting to have a pool constructed at her residence, 10942 Fanwood, in the Fairmont Park East Subdivision. As proposed, the pool would not comply with the required setbacks from the house and utility easement. The applicant is requesting approval of the following. 1. Allow the water's edge of the pool to be five feet 5' off the house instead of the city's standard 6' setback. (Allow a 1' reduction) 2. Allow the water's edge of the pool to be 1' off the utility easement instead of the city's standard 3' setback. (Allow a 2' reduction) Public notification for the appeal was mailed to 33 surrounding property owners. The city received two favorable responses and two were returned undeliverable. Staff recommended approval of the appeal. Zoning Board of Adjustment • • Minutes of March 22, 2001 Page 2 A. PROPONENTS No proponents addressed the Board. B. OPPONENTS No opposition was presented. Motion by Rod Rothermel to approve Appeal of the Building Official's Decision #A01-001. Motion seconded by Charles Schoppe. All were in favor and the motion carried. V. STAFF REPORTS Ms. Wilmore updated the Board on a previous case heard by the Board that dealt with a shipping container in a residential neighborhood. VI. ADJOURN Chairperson Grant declared the meeting duly adjourned at 7:12 PM. Res ctfully Submitted, Pe Secretary, Zoning Board of Adjustment Approved on this ~ day of _ 2001. Sidney G Chairperson, Zoning Board of Adjustment • • NCU 01-001 EXEMPTION FROM EXTENDED. USEFUL LIFE REQUIREMENT OR ESTABLISI-IlVIENT OF AN EXTENDED USEFUL LIFE AND/OR AMELIORATION OF NONCONFORMING STRUCTURES EXHIBITS A. STAFF REPORT - B. APPLICATION FOR EXEMPTION FROM EXTENDED USEFUL LIFE C. OVERALL VICINITY MAP .AND PHOTOS OF EXISTING CONDITIONS D. RESPONSES FROM SURROUNDING PROPERTY OWNERS E. SITE PLAN OF PROPOSED IlViPROVEMENTS n U Staff Report Non-Conforming Use NCU 01-001 Zoning Board of Adjustment May 24, 2001 • EXEIIBIT A Page 1 of 6 Location of Non-Conformance 520 So. 16 Street Legal Description of Non- Blocks 797 and 798; Lots 1-32 & Conformance Adjoining alleys & adjoining So.17~' Street R O-W; Town of La Porte Property Owner Highway Transport, Inc. Present Zoning Light Industrial (LI) Acreage Under Consideration 4.5+ acres Surrounding Zoning North -Light Industrial (Ln East -Light Industrial (Ln South -Light Industrial (LI) West -Light Industrial (Ln Land Use Industrial (Truck Terminal and Tank Washing) Nature of Non-Conformance Tank Truck Cleaning Associated with the Terminal Operation Facility. Permitted only in Heavy Industrial (HI) Zones (Sec. 106-521, Table A) BACKGROUND The City of La Porte has mandated the review of nonconforming structures, uses and lots as per the City's Zoning Ordinance Section 106-261. , The general public, the Planning and Zoning Commission and the Zoning Board of Adjustment have been 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. A nonconforming use is a use not allowed in a zoning district by the City's zoning ordinance. In some cases, the nonconforming use may have been legal as a preexisting nonconforming use. However, the City's current zoning ordinance requires that all cases of nonconforming use be reviewed by the Zoning Board of Adjustment (BOA). • • EXhIIBIT A Page 2 of 6 An existing, nonconforming use must be reviewed by the Zoning Board of Adjustment. The BOA may decide one of the following for the nonconforming use brought before them: 1. To exempt the non-conforming use from an extended useful life and termination. Based upon the Owner's application. (This would allow the non-conforming use to continue) 2. To exempt the non-conforming use and apply certain conditions as may be necessary to ensure reasonable compatibility with surrounding properties and uses. 3. To establish an extended useful life for the non-conforming use. r A. The useful life can be no shorter than five years and not greater than twenty years. At the end of the extended useful life the use terminates. B. The Boazd of Adjustment will use information provided by the property owner to determine the length of time necessary to recovery the cost of the investment. 4. To establish an extended useful life for the non-conforming use as in number 3 above and apply certain conditions as may be necessary to ensure reasonable compatibility with surrounding properties and uses. Highway Transport, Inc. has a 4.5+_ acre parcel that has a nonconforming use (tank trucking cleaning) associated with their truck terminal facility. The legal, nonconforming use began in 1983 and has been allowed to continue in operation since it's inception. However, to meet demands of their clients, the applicant is now proposing a substantial expansion and renovation of their existing business. The proposed expansion will be contained within the boundaries of their overall 4.5+ acre site; however, the previously undeveloped reaz 2.5+_ acres will be developed along with the construction of a new building and the remodeling and addition to the existing shop/truck wash building. The BOA should consider the nonconforming use and make a determination as to what, if any, impact this use shall have upon the surrounding area and the community as a whole. Zoning District -The property in question is zoned Light Industrial (I..I).. As stated in the City's Code of Ordinances, the purpose of the LI district is to provide for the establishment of warehousing and light industrial development but is limited in what uses aze allowed. While the terminal operation facility is an allowable LI use, the tank truck cleaning is not. Based on current regulations, the tank truck cleaning operation is a "permitted" use in a Heavy Industrial (H)) district rather than a LI district. The HI district allows for the establishment of heavy industrial and manufacturing development and uses which because of the nature of the product or chazacter of activity requires isolation from residential and commercial use. ' The Board of Adjustment may recess the public hearing ay any time to allow for additional information to be collected or to allow additional time to consider information and testimony presented to the board. The Public Hearing can be reconvened at as appropriate future board meeting. • • EXHIBIT A Page 3 of 6 Parcel Description -The parcel in question is 4.5+ acres in size and on three sides it is bordered by street right-of-ways. The eastern property line runs along South 16s'; the western line adjoins acreage at the rear of the site; the northern line parallels West "D" Street; and the southern line meets the West "E" Street right-of--way. The current tank truck cleaning operation occurs in the shop/wash building located approximately 100' west of the South 16th Street right-of-way and on the south side of the property near West E Street. Although West "E" Street is developed, it is not developed for through traflic. ANALYSIS Since 1983, Highway Transport, Inc. has operated a terminal operation, including tank truck cleaning, from their origina12.5 + acre site along South 16a' Street. Their operation has continued to prosper through the years and several years ago they purchased the adjoining 2.5 ± acre located to the west or rear of the existing site. To keep up with the demands of their business and to improve the overall aesthetic value of their site, Highway Transport contacted city staff to discuss their expansion plans. It was at that time, the nonconforming use (tank truck cleaning) and nonconforming structures/conditions (i.e., fencing within the required 20' front yard setback, lack of on- site landscaping, use of non dust-free parking/drive areas) were identified. Once nonconforming issues were identified, staff reviewed applicable nonconforming regulations relating to the applicant's request. Section 106-263 of the City's Code of Ordinances is shown below and outlines the considerations associated with expansion and/or change to a nonconforming use. (a) Continuance of nonconforming uses subject to this chapter. Subject to the provisions of this chapter relating to extended useful life of nonconforming use, any nonconforming use may be continued in operation on the same land area and on the same floor in a structure or structures which were occupied by the nonconforming use on the effective date of this ordinance, provided that such land area of floor area shall not be increased, except that such limitation shall not apply for fanning uses. (b) Changing a nonconforming use. Any nonconforming use or structure may be changed to a use conforming to the regulation established in this chapter for the district in which the nonconforming use or structure is located, or the nonconforming use or structure may be changed to a use or structure more conforming to the zoning district in which the nonconforming use or structure is located. For. purposes of this section, the term "more conforming to the zoning district in which the nonconforming use or structure is located" shall mean a less intensive use, (per the Standard Industrial Classification Code). Whether or not a use is more conforming to the zoning district in which the nonconforming use or • • EXHIBIT A Page 4 of 6 structure is located is a question to be determined by the planning director, subject to appeal as provided in this division. A nonconforming use or structure so changed shall not thereafter be returned to a nonconforming use or structure. In accordance with the Section 106-264, proper notification of the nonwnforming status was provided to the property owner/occupant of the site. In addition, in accordance with Section 106-265, the applicant (property owner/occupant) has chosen to apply for an Exemption from the Extended Useful Life Requirement. That application was received by staff on May O 1, 2001 and is attached for the Board's review. In addition to the nonconforming use, the current site has nonconforming structure conditions that do not comply with city regulations. There is a lack of landscaping on site, fencing located within the required 20' front setback of the development and driving/parking areas that are not "dust-free" materials. These issues have all been discussed with the applicant and the proposed changes will bring the site closer to compliance with current development standazds. The issues staff discussed with the applicant aze outlined below and detailed on the site plan included with this repgrt: Traffic Flow - As part of their proposed development plan, the applicant will eliminate one of the existing drives off South 16s' Street and plans to install a recessed gate access for the remaining drive on South 16s' Street. 16'~ Street is a designated Truck Route and this will be the only access point for trucks into the facility. The recessed drive will allow trucks to pull off the street while attempting entry into the facility. In addition, the traffic associated with the new office building will be entering the pazking area through a gate off of West "D" Street. These changes will improve traffic flow along South 16~' Street. Truck Parking -With the addition of a new office building and expansion/remodel of the existing shoplwash building, the parking of the trucks will be relocated to the new developed area or rear. This change will improve the appeazance of this facility from South 16a' Street. Fencing Alterations - As proposed on their site plan, the relocation of fencing will not completely comply with current fencing regulations. The existing site is completely fenced, including required setback areas. Based on the existing shop/wash building location on the south side of the property, relocating this portion of the fencing out of the required 20' front yazd setback would present a hardship for the operation of this building. The trucks enter this building from the west and exit east (towards South 16~' Street). The site plan as currently drawn shows the fence located 5' off the front property line to allow for installation of landscaping outside of the fenced area while still allowing a 95' turning radius for the exit of their trucks from the wash/shop bays. This placement of fencing in this area will be the only item that will not be in compliance with current city regulations, with the exception of the nonconforming use. The applicant will relocate the fencing north of the recessed gate entrance area and in the front portion along the northern and southern property lines. In addition, the applicant is • ~ ~ EXHIBIT A Page 5 of 6 adding landscaping to compensate for the reduced setback area in front of the wash/shop building and to enhance the overall look of their new facility. Dust free Parking -The applicant's site plan shows the proposed truck parking area will be an asphalt area. The parking lot material for the new office building will be concrete. Also, the existing, front parking lot that is currently gravel will be paved to meet the city's dust-free parking requirement. Landscaping -The existing site lacks landscaping. On the proposed site plan the applicant plans to add landscaping along the northern, southern and eastern property frontages. In addition, existing trees will be left along the rear or western property boundary. Wastewater Treatment - As part of the proposed upgrade to the site, the applicant will install new wastewater treatment equipment in accordance with city regulations. This will ensure any discharge from their site does not present a problem for the city's sewage system. Land-Uses - As shown on the attached Exhibit C-1, the Highway Transport facility is located in an area that is industrial in nature. The continuation of the tank truck cleaning at Highway Transport should not be detrimental to the value and use of surrounding properties. The construction of new facilities at Highway Transport, as demonstrated on Exhibit E, should be an improvement to the industrial area along 16a` Street. OPTIONS AVAILABLE TO THE BOARD Following your review of a nonconforming use, the Board may decide one of the following for the nonconforming use being presented: • To exempt the nonconforming use from an extended useful life and termination. Based on the Owner's ug~plication. • To exempt the nonconforming use and apply certain conditions as maybe necessary to ensure reasonable compatibility with surrounding properties and uses. • To establish an extended useful life for the nonconforming use. 1) The useful life can be no shorter than five (5) years and not greater th an twenty (20) years. 2) The Board of Adjustment will use information provided by the property owner to determine the investment into the property in question and the length of time necessary to recover the cost of the initial investment. • To establish an extended useful life for the nonconforming use and apply certain conditions. • STAFF RECOMMENDATION • EXEIlBIT A Page 6 of 6 In accordance with city regulations, all notifications to the owner/occupant and surrounding property owners were satisfied for #NCU 01-001 located at 520 South 16a' Street. Based on the applicant's proposed site plan and their expressed desire to improve the overall site, staff recommends the BOA consider granting the applicant's request for "Exemption from Extended Useful Life Requirements" subject to the following conditions: 1. Require the proposed changes in traffic flow to the site as shown on the applicant's site plan (Exhibit E) and described in this report. 2. Require the relocation of the on-site truck parking area as shown on the applicant's site plan (Exhibit E) and described in this report. 3. Require the installation of new site fencing as shown on the applicant's site plan (Exhibit E) and described in this report. 4. Require the installation of dust-free parking and driveway materials throughout the site. 5. Require the installation of new site landscaping as shown on the applicant's site plan (Exhibit E) and described in this report. 6. Require the installation of new wastewater treatment equipment (meeting minimum city requirements). END OF REPORT APPLICATION FOR EXEMT''I'ION FROM EXTENDED USEFUL LIFE REQUIREMENT CITY OF I.A PORZ'E CODE OF ORDINANCES SEC. 1U6-265 NONCONFORMING BUILDINGS, STRUCTURES AND USES NAME OF PROPERTY UWNER: ~ Hig~wavr Transport. Inc. ADDRESS OF PROPERTY: 520 South 16~' Streel, La Porte. TX I.TS'I' NONCONFORMiN(i IiU1L[~INGS, STRUCTURES AND US~.S: Nonconforming use - "Tanktruck/trailer cleaning" Approval of a five (5) foot set back of existing fence between 16a' street and existing building. INFU.R1Vft1TION SUPPORTING CLAIIVt FOR EXEMPTION: Highway Transport, Inc. is a bulk transportation company that transports liquid chemicals in tank trailers throughout North America. We have had a terminal operation in La Porte since 1983, providing transportation service for chemical companies in the Houston area such as: Rohm Hass, Celanese, Lubrizol, Velsicol, Pilot, Texas Petrochemical, Rohmax, as well as.other companies. One of the major requirements Highway Transport, Inc. must provide our customers is a "clean tank trailer" for transporting their product to their customers. Highway Transport, Inc. has been cleaning tank trailers at our La Porte facility since 1983, and to our knowledge has never received any complaints regarding our tank cleaning operation,. a Responsible Care partner, and has been a good corporate citizen as well as a good neighbor in the La Porte community. Highway Transport, Inc. must have the ability to cleaa tank trailers at our La Porte operation in order to~ meet our customer requirement, and allow us to be cost efficient and remain competitive with our rates and services in the Houston tank truck transportation market. It is our plans to expand our operation on the 2.5 acres of land we purchased several years ago, as well as upgrade our existing property and structure. We plan to upgrade our existing property with a new office building and parking lot for our employees. Our existing building which is our tank wash and maintenance operation, we plan to remodel with a new roof, new siding, new restrooms and break area for our general service employees. We plan to pave the existing yard area, which currently is gravel, to meet your dust ordinance. The undeveloped 2.5 acres we plan to use primarily as a parking area for our equipment (tractors and trailers). This area will . also be paved, fenced, and lighted. When completed, Highway Transport, Inc. will be a very attractive business in the La Porte community. In order to justify the capital expenditures for the upgrading and ~ . expansion of our La Porte facility, we request your.consideration for granting Highway Transport, Inc. an exemption from your current city zoning ordinance of "tank cleaning". In addition, we request approval of a five (5) foot set back of our existing fence between 16'~ street and our existing.tank wash/maintenance building. This is requested to allow for proper turning radius of our tractor/trailers entering and exiting our tank wash and shop building. OPE . O ER SIGNAT ~ ~Q~ ~ - D~ RECEIV$D BY: l~'~ EXHIBIT B DATE: c5- /' ~ • • • • t , i '~' 't^ ~ ~ ~~~;, OOw ~a~a N ~' C/~ H UQ~~ z ~o~,~ ~~¢~" w~3o t7 0 W x ~ i:` '~ ,~ ~ ,: _ ~, r, ~ 1 .~''! ~ ~ = =~i ~ F 1 ~,~ ~ ~( ~i ,: ~~ ~ ~ ~~ ~~ . ~ ~ ~~ • • a. s.. ~ =- ~ _ ;' k: i ::, s~ ~ ~: i.s~4i `a F, t ~; ~~ ;'A ~, ~~ 1~ ~i~ ' ~,. ~ ~:~,,y~;,. 1 z~w ooh a M~~H ~z~~ ~o~,~ w~3o ~C ~ N (3a ~ v'~ ,! ,,„ ~~~~- ,~ ~. ~, ,~ • • z~w ~a~a ~~~H U~ ~ E~0~,, ~ U ~, x w~3p ~x~ W~o • • i. z~w OOc~ ~~~H "z Y ~o~,~ xc~QH w~3o ~x~ ws~ • ~ • RECEIVED A Meeting of the La Porte '~ - ~ $-Q Zoning Board of Adjustment , PLANNING Scheduled for May 24, 2001 to Consider an Exemption fmm Extended Useful Life Requirements, or an Establishment of an Extended Useful Life and Termination of Use in Connection with an Existing Nonconforming Use of Property Located at 520 S. 16`'' Street (Tank Tru~lc Cleaning) I have received notice of the above referenced public hearing. I am OPPOSED m the continuation of the Tank Truck Cleaning activity for. the following reasons: Name (please print) Signature ~ . ~o~~ ~ \~-~~. s~ Address S 4T ~~~ ~ 'ZZ~-1 ~ City, State, Zip EXEIIBIT D-1 I am in FAVOR of the contiauation of the Tank Truck Cleaning activity for the following reasons: • • RECEIVED A Meeting of the La Porte ...~~ ~ Zoning Board of Adjustment - Scheduled for PLANNING May 24, 2001 to Consider an Exemption from Extended Useful Life Requirements, or an Establishment of an Extended Useful Life and Termination of Use in Connection with an Existing Nonconforming Use of Property Located at 520 S. 16`'` Street (Tank Truk Cleaning) I have received notice of the above referenced public hearing. I am in FAVOR of the continuation of the Tank Track Cleaning activity for the following reasons: I am OPPOSED to the continuation of the Tank Truck Cleaning activity for the following reasons: O ~P Name (please print) Si ature Address - ~ City, State, Zip EXI~BIT D-2 • ~ • REC IyE S~-Op 1 A Meeting of the La Porte Zoning Board of Adjustment p~NNil~~ Scheduled for May 24, 2001 to Consider an Exemption from Extended Useful Life Requirements, or an Establishment of an Extended Useful Life and Termination of Use in Connection with an Existing Nonconforming Use of Property Located at 520 S. 16``` Street (Tank Truk Cleaning) I have received notice of the above referenced public hearing. I am in FAVOR of the continuation of die Ta/nk Truck Cleanin1g activity for the following reasons: ~, .. k ~~e,i 4'~~., ~c~ foe Ur mod., 7.0 ~ ~~r~ r~9.v P s~. I am OPPOSED to the continuation of the Tank Truck Cleaning activity for the following reasons: ' ~~~ y , L~J~a.~P ~'8/'P12~4,~-S.'~ ~~~~ !~3 ~. 7. //~'02~cYK~~/ Name (please pint) °7'~` Address . Signature City, State, Zap EXFIIBIT D-3 ~. I Y title. m• • • . • • : .. .. • . . • • .. . m~~ O 'c 'r~ , _I, . roo rac •• -'~ ' ~_ aY•aw umlpera IYaa - - _ - _ . - - - - ~ - -' - - - - w~_! o,enlna uKa- -O -' - _ - • • Q i -~-.. O ' o rn.~ - - - ^t-I - - -. , - - - N~ 00' 01'00"E • .400x0' -.- lat • •ISSI law NrR o ~ ~ F , n o '^ ...~ § r~'-^ s nctr. Maur ~`~v ^. B I. ~ • ~.~ • ~_ L' ~ I ~8- ~ rylaYla6"-'mu, $`• - •~ 'a a fi B ~ ~., w a 9r@' ar•mri 10' B. L. alml an(.! ~ ' IGK~IUnweL nm r Y00l~L I ~ 10' B. L. K ~ x 6 y • b O 1 ~_ ~+ ami V /r v ~ ~ j ~-..I_ - lx.a• -.-~ -_ ~. r :xv .q _.. i ~~ - sv. !• M+I ).!• ' - f • • :K 'rr~Nx 'd11 Wf• S 3 t• •~ , 1 ~~ • , o vi of o YI P. r B 1 . .. _ r _ 1 ' 9 roll r .. I ~ • I I .~ '' , , ~~~. s mop I ~ ~ , ax ~ .. '~ a + y. p' 17 . ~ I • 9 • . 5'o^go oL P ~ .o ~I I ~ ~ ~ i e ~' ~ ^~ ~ ~ t s .s au[!o [ e.. I.K m. rlrn'--' ~ - - - T • .. I . ^ . ~~I I a -- - -- '- - I I ;sax as 0 'rr' `! IIIS n p ^L [n~ raj p r~ .e YY MN. I' I••1 C.{•~~ S C• O eZ)-1 •• "p ti rD •.. - •. Y ! ;, ei ~ ; ., o_ ~ II yy~~N MN N s Y•ilr I , OG OK'On G 1' 1B. ~~~I 11. N M ~ r• 4 ' • r ti ' a n ~~°i s_ !s i i ~ ' G i"•iY Qr ~ .. ( ~• -• 4 I ~ - N! ~ ~.) -.~~ ! ~ ,~ .-I!Y ~{~~.Y ~~~ m .. , ~ _ !I I • p' O J, ] • { ~~ I! I i Y., • ~7f1 W M rOMi ~ ~ I IOQ IU t IOg10 ~ ` 8I ~.P ;,; t i I B N 00' 01'00"E 1~L40IX0_L: ,~-1~1 °'~ 7 p' ~mi B • '" ~ a~ ~~ 0B r - .v_.-'-- - 111-_. _•' -- ~~ -- •-- w , i $ ,~I !.r •wr. , . • ~m a-o~,TucT lli ' -8 ,- -'g' i"T'~~T -8-~-. -y-6- ~nin iw[ 8' ,-~` ° B `~I B , f I IW.6 , IJ 00' Ql'00"E 40p ;0' .. , • 5 : B s alefa 3.1 ' ~' ~It Ali i 'g ~ ~ ~ e =~R ~a , ' ~ ~ "~:I Ali i a• ~ ~ ~ . B ~~~~ I _ ne .e 4 I ~' ~ `ICI .Il..... ~ ,,. a,, III pe'O mi ,t~. ) ~ 4 r~ •Y~~-n•.~ I--~•-'~f-Ir r-.1 ~•'llp ' rem Ni~ I`~ ~ / ~ ~~~ •~ -vp p- 1~L ll~lo • ~ Y . m O ; I ~ ~ im.x .. m!• r w rm.A rN l n1! re} ~ ~''~• 1 ~ p. ii , -M- I I ~ ' , , .. ~ _ - _ _ ~~I~z . ) ~ ~ I ~ rv,y ero o s.Y au : ~. ~ 4 aa ~ i a • • ~ n b fMC L•Y We rmr B P •• R-~ ~ a- pI I ,. 8~J =~'M{ '' v:x 1 <) '.Y rpi ~ • •1.", R. . ~ • Ill ~liJ B • •~ _ .. _ •I, I ~ lullfi .~•~ ~F R' ~~9~+~•~1W) .. _ • _ I x-~ 'i ~I~lo "" o '7 . ~ S' r i d ' I . I .t~'e p~0 • ,. is m°•r5• ~ni I' ~', ~~~ ~1~~' ~ V C8 Nmr • 'b ~ ~$ 11--- ~' -~•{~ I~ a ~ r A ~ v a • ~ ~" k B e ~~ I'ei b~ C a ur.> ~ ~ p ' I • ~~ IB ~ • e o .1 ~ •.T , 1 ' r~ •. OAF e~ I g xalrc s/. ~ ~ ~ y ~ pf . I I A 1 I ga 1~ I I I •. .. ~~ IAI B ~I I "' a~vuaa 1 . 0 o r- m 3 ~ •.'. I' .1..-~-/~ifi f: 0~ 'I ~' .7 I •®• ® v £ ® 1~ z m iY ~ n ii n I; II ~S~B t R ~. am G. I+I 1 = o A. u. ~ n 'o ~~ ~ ~ a iy ~ t} I $ ~ •. I--~-~ ' o' •~ fi ~ s ® Ipl ~ ' • `- ~' ~ ': '; ao_u„i..,`~- I -• ~' --- $ - ----mob-I- - - ~''zo n._I..y. {_-•`-O-'-- -- 1.-Y'"=`- li. $ ' 7 v U 'I ~B 8. ~I~ ..- _~~ ~-• B`. - ~. -- _- ~.'+~-_:a ~_ r "'i-I- -. ;F g •'~; M p _ O 'O 000; • t :~ B ' rl •i~+=~ia. r+Yl m. .' ~ S ~9'S9'00"C 40 .0' a '' .x um nx¢ ~ us sm i m ~ • ~i _ 0 v aswn - ~ • ro a n.oue I. ~ mnYalr4 n.,s . 1 ~. - 1 me vi -"~iTb, ,~,, ^T lzri-"'~' _ - _ ' ~. aaxr I n7 c lr" +a'~ r°'eir m~' _ . _ - - _ - .m ~~irr• O O' '.u i g ~~a~TYOi'----_='r»!:`- -.{ --rreon_.'_---'-=TM T---'--: m.n ~.ar,'n•iu1-n,~-rmn -, °°°-1aT!r ___-__ m~ -----'.rmnl ~~_--c----- N' r '~ 1 o ran r .r ~~ sq I ~ ~~ •40Uf19.16~H 4"R[El' ~ 'I q~ ~~ '. ~. N!n~rm i°,o- ~ -s.' t t: ,I rmu ~ er • ~a rmo jro'Yn:~'° Im.) ~loau Irle.r 7~ .mm N '°'11mu ',~~ ~ 1 • m ! g 7i • I• T Fpp o ~ k s '.~' '` ~F I A 4 )xmcY[n..UYCI '~$ 1~ >~' • ~ ' . •\ $ 7 ~ - z ur New o i .. R+ $~, IrRr Y.rtYlwr' -- _ •I~ '~ G'~ ~ ' - - _.- __ - ... _~'~ o • _ - ~_ - .-, -..r.- - ~._.g~° _ - - ~ - ... - r-- -.. - ~-...-.~.. -., . _- .R _n . e r . y - R•, .aea•=3 J : ~>...., rr ^, - _ -i~eesl~~r.-~}:.:5,`e-,'.G}p~ -~ --.-.-..~, _ --- • .fir .. - ~ .. ~ •. ~~„~ ~~~~fi'~;8 ~;?o . .. ~~~qFE• Fa ~~r~9 LI' ~ ~ .. , o~r~ •. .., ... , •. .. .. .. •. '. I o I opubl"i, 1 'jmm~T= z~~ ' 3 n~m 1'J uo°~r~'' •or~ Uln In .' YOTf Lm:.l _ :U ~I tAVY~N ~~ Tj~n' • ~ ~_' ~^..r, N ~ YpYI N~'~•1 •, „r.:lyvVr• Oy 'nCa1 , , , OZp .N.I~Z Ao..",Ir(~ ~ (~ x~r ~:ixs_ ^IV ^!.y~ .. .- mn ~ r'om~ ,fo-7 'al ., ti ~~ goo < i r,. -~1'Or Rmm1 7a C 0J rr rn a"n;8 ~i J) TI I~~ilo•'m^mii ,. i 70 ?v" . r _ mZ~y~y--1 m00 m < nN~.nO ~ 03 Orly ir'~ •i!oy ' 2 =.. Z _ p r 7 A .. m O,~ ~ , A r T:I I'1 O, m,.. 1~r ~C nx r r^ A ~h s-PL ~~~nmtii• Oxl • . ~ , .~). ;: 4 ~ZVO .D y•IA ;r -., ~w r .. P ror m ovr•ti 5 17tH ST ~ ~'r Z 0 '"~'auAi NA~DImxIOT-)pN ~ .g~.a°q.~' o "~'J~Y. iinnNa''~u z~~ ~ ~ ,,, ~ ' I ~) rn In - ' nNs Z ~ ~ V ~ 3 4op Tln •i-' '2 i•rj%~1CC moo : ' ,S 16TH ST „r,{ r OCU~ O ~ ~ rn ~`t3. yti7 r Off. ro„oz ,N•n+l ~ O -.•1~ +~ ~ ~ , ' !•i, m C Z 2 ~ V ~ Z 7~m4. `o ~:' -'z+'a~^O' .o'e i. ~ ~ r;mu a ~~n~m p 00 O ..-) PL^+r`n emi ° °' ,°=zoa .^ o ° I r s tstH Si: Isis I^ O m Z ~~ Z ~ 1aer~e+> ~' N^'z^~^~ n~~ ~ ~ ~ .. ' ' ~ ~ • e~ ~A~ '~'O m. nFmm °o°A~ ' 'c' K " ,f ,.'1 O ~ O rn` it ~ A n1. n~~ ~ O S 14T ST, _o ^ _ " z m ~. OO o r}a ~ ~S •13TH S7 .. !A • ~ moo ' . O ~';:'. ~ Don ' nATS r1 fn r`-z- r.u bb r.,wu ~ ~ r. mo~~ ~ ':;•~ ~. ~. .dam .. ' . HWY t4a • c~ .. • i March 22, 2001 ;. • ORIGINAL AGENDA A PUBLIC HEARING AND REGULAR MEETING OF THE LA PORTE ZONING BOARD OF ADJUSTMENT WILL BE HELD ON MARCH 22, 2001, AT 7:00 P.M. IN THE COUNCIL CHAMBERS OF THE LA PORTE CITY HALL, 604 WEST FAIRMONT PARKWAY, LA PORTE, TEXAS. I. CALL TO ORDER II. ADMINISTER OATH OF OFFICE TO GEORGE MALTSBERGER, ALTERNATE 2 POSITION. III. APPROVE MINUTES OF THE OCTOBER 12, 2000 MEETING. IV. CONSIDER APPEAL OF THE BUILDING OFFICIAL'S DECISION #A01-001 WHICH SEEKS TO ALLOW THE CONSTRUCTION OF A SWIMMING POOL WITH REDUCED . SETBACKS TO THE ADJACENT STRUCTURE AND UTILITY EASEMENT AS ~ PER SECTION 106-89(3) OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE. A. PROPONENTS B. OPPONENTS V. STAFF REPORTS VI. ADJOURN UATI-I OF OFFICE - n !, • • i ~~ -, OATH OF OFFICE - ' " I, George Maltsberger ~ ~ solemnly swear (or affirm), that I wr11 faithfully eacearte the duties of the office of Zoning Board of Adjustment . of the City .of-La.~Porte, . State of Te:cas, and wdl to the best of my abfiity preserve, protect '~ and defend the constitution and laws of the United States and of this State and the Charter and ordinances ' of this City; and I furthermore solemnly swear (or•affum) that I have not directly or indirectly P~ . offered, or promised to contnbute any money, or valuable thing, or .promised any public office or employment, as a reward to secure my appointtneut or the confirmation thereof. So help me Gad. Sworn m and subscaibed before me this the ~~_ day of Gl.~.c /v a- a O ~ Notary Pu for the. ~`""'~r PEGGI ~IEE ~ of Texas . Norut wart or ~~ ' a ~ ~- ~ E~iwES . • l~~INUTES • • ZONING BOARD OF ADJUSTMENT . MINUTES OF OCTOBER 12, 2000 Members Present: Chairperson Sidney Grant, Bob Capen, Willie Walker, Ruben Salinas, Rod Rothermel, Alternate No. 1 Charles Schoppe Members Absent: Alternate No. 2 George Maltsberger City Staff Present: Director of Planning Doug Kneupper, Chief Building Official Debbie Wilmore, Assistant City Attorney John Armstrong, Inspection Secretary Sherry Jennings I. CALL TO ORDER Meeting called to order by Chairperson Grant at 7:00 P1VI. II. ADMINISTER OATH OF OFFICE TO GEORGE MALTSBERGER, ALTERNATE 2 POSITION. George l~taltsberger was not present for the meeting. III. APPROVE MINUTES OF THE JUNE 1, 2000, MEETING. Minutes approved as presented. N. CONSIDER APPEAL OF THE BUILDING OFFICIAL'S DECISION #A00-003 WHICH SEEKS TO ALLOW THE CONSTRUCTION OF A SWIMMING POOL WITH REDUCED SETBACKS TO THE ADJACENT STRUCTURE AND UTILITY EASEMENT AS PER SECTION 106-89(3) OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE. Chief Building Official Debbie Wilmore presented staff s report. Guy and Laurie Anderson are attempting to have a pool constructed at their residence at 10506 Spencer Landing North, in the Spencer Landing Subdivision. As proposed, the pool would not comply with the required setbacks from the house and utility easement. The applicants are requesting approval of the following. 1. Allow the water's edge of the pool to be five feet 5' off the house instead of the city's standard 6' setback. (Allow a 1' reduction) 2. Allow the water's edge of the pool to be 1' - 6' off the utility easement instead of the city's standard 3' setback. (Allow a 1'-6" reduction) Public notification for the appeal was mailed to seven surrounding property owners. The city received one favorable response. Staff recommended approval of the appeal. • • Zoning Board of Adjustment M~autes of October 12, 2000 ' Page 2 A. PROPONENTS Chairperson Grant swore is Guy Anderson. Mr. Anderson stated that he would appreciate it if the Board would consuder his request so he could get his pool built B. OPPONENTS No opposition was presented. Motion by Bob Capers to approve Appeal of the Budding Official's Decision #A00-003. Motion seconded by Rod Rotheanel. All were in favor and the motion carried V. CONSIDER ADOPTING FIINDINGS OF FACT AND CONCLUSIONS OF LAW IN CONNECTION WIT~I BOARD OF ADJUSTMENT ACTI©N REGARDING #NCU00-002. Assistant City Attorney John Armstrong presented the Findings of Fact and Conclusions of Law in connection with the Juae 1, 2000, Board of Adjustment action regarding #NCU00- 002 Motion by Ruben Salinas to approve the Findings of Fact and Conclusions of Law regarding #NCU00-002, as presented Motion seconded by Charles Schoppe. All were in favor and the motion carried. VL STAFF REPORTS There were no reports from std VII. ADJOURN Chairperson Grant declared the meeting duip adjourned at 7:10 PM. Submitted by: .. sh~J Inspection secretary .. Peggy e Secretary, Zoning Board of Adjustment . ~QD ~ A ed on this day of Gk ~ - Sidney Chairpers n, Zoning Board of Adjustment • • APPEAL OF THE BUILDING OFFICIAL'S DECISION #A 01-001 EXHIBITS 1. POOL DEPICTED ON SURVEY 2. TELEPHONE SURVEY RESULTS Of L.q. ~O ~ ,~~- ~~ .~:;_. ~~ • ,. ~' d~ F_sr~bl:s,t~c~ I ~~ FEB ~ 1 2001 3uildiag = 8echaaical Electrical ~Pls~biag . 4. {~ See back of form) 3roj ect Address : ~ (~ 9 ~~ ~a i h ~t1 .aQ ~L • • Lot : ~ ~ ~ . Subdivision: _ F/J~T 'PA-~X 6 < < $. S~ I~h~..:se ~-C Alock: ~~ Oaraer's Name: `~°1^-•s c~ l1 a- '~'YL© hOt, .~ Phone: ~ g~ -~~ ~- ~~ rf address : ..~~ /-~'m ~" ~ ~ ~ . • Straet ~ Cit•~ a • _ '~ RA-D 57~ ~~~5 ~oatractor: ~W,C~ ~al^c~, ~'M £ni ~r"es Phone: '~ g/ 8.3'x- ~~ 3~ Address - '/!mZ<a .~ Street Ci 7 Zip Engineer: . Designer: ~ • 3uildiag IIse: ~ ~ ~ ~ Sq. Footage: ~ ~ Stories ?aluatioa: ~ S, O C~UO 0~ ~ Describe Nor!t: -~~I_ aVh~ u~~ For City use Only s~~ mm; ng J Occupancy Type -- ~ Flood Zoae ~ Class Nor!s ~~~ Sq. Ft. Construction Type ~~~ IIse Zoae. ~ - ~ ~ Stories ~ Par:~iag • ~regaested -"' C~~rcia? Buildings Places Oas.,y-F;re Marshal Appraval J1'~._! ~ Date: Chectied/Apvroved for Issuance Hy: ~ ~ a- ~'1.~~~ 42~~ Dat_:. d - ~a~/ ~~, ok/ a..i^.a as/L/~s c p.r.:p ('i 1. Nye il~~ • ...1 .. .... ~1~„.l•fi~: _•i i;1 • ii`:11 .~~(.~L~_ ~37~6 y Per~.i.t ~No. - ~ ~ P°~it Fes S ~ (attach to actual. permit; CITY OF LA PORTE -- f - FEB 2.2 2001 ZONING BOARD~OF ADJUSTM APPEAL OF ENFORCEMENT OFFICERS DECISION By . ----------------------------------------------------------------------- ' - Application No.: ~1 _ pUf OFFICE ..USE ONLY: Date Received: oL -~1-O ! ---------------Q------------~-a--___------------------------------------- ApPlicant: l-f'~~C,~.~~ r'~Orat~ . ~- Namees~ ' r. ~ t~Q ~.~- l~Gc.e, r~t.J tY~~ ~.u:~V-~_ t ~,; ~P H : ?-~ - ~S(~? -~[ ~(!, (~ . Address ?'15't 1 '~ I.a the owner of~the herein described property. I have authorized `~i4~, j~j,,,..; ~.i P~ ~~ 3r~.v~. 5~.~,eas to .act on my behalf . in this matter. Name Address -~1SZl I am appealing the decision regarding or the interpertation of Sect. of the City Zoning Ordinance No. 1501. I am making this ap eaI in regards to the p ope ty located - Street 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 vide Authori ation to act on the Owner's behalf. . Date ~~.~ Applicant's ignature ----------------------------------------------------------------------- ' OFFICE USE ONLY Site Plan and Authorization (if applicable) attached? Yes (v) No ( ) Date transmitted to the Board of Adjustments: 3~j~ 1 O~ Meeting Date: ~ 2~ ~ ~ Applicant ~Zotified of Date: Board's Decision: Approved ( ) Denied ( ) Notice of Board Decision mailed to Applicant/Owner: . ~. . - . • ~- PAGE 2 .. 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 exYi~ibits you feel the Board should consider. FACTS RELEVANT TO THIS MATTER: ~ ~~ .. ~ ~../li,er~. 17~c t'~t'sw~ ~r _ rt..c,~r ~a 9 ~ ~ ~_ .UPI 1 ATP Lt~ ~Q~ ~ ~~OOd~ ~~y~.-~t/~.e~d ,~ LQ ~.~-lP i , ~ i.,c~ a ~ ~GO ~ tt.~ ~'[.zQ~1 ; ~~~ Cc•~trGSS I/10~- S cc~ ~ .,~~ a r~~-~ gal ~~~...~~C 1~ vrti ~- ~ t- m~ f ~zm~l~.~~ ~Ta O~LIEF BEING SOUGHT: 1 Y r % ~ /' 11 ~ w , l~r .HT m ~-~ z~~~ --~GR~OUNDS FOR THE REQUEST: l Y~.r l ~ 11.E .cr~~,° ~ I-_,/Yn~.c ~r-f.~il~ /V~f .~c~ ~~(~Yn~ I,~GQ..~ t ~e ~ n.r~ n ,, t _ ~n _ _ ~ _ ~. n n ,._, n ~1.- _ ~ _~ ? ~,~`t~vnUQ ~~~~ / Y/'~1LI,bQ- t~'7 ~vlJt /Yn~.r~tCa~ (~M~~tii:~, CLli1~~ CED/1-t87 • • Staff Report March 22, 2001 Appeal of Building Official's Decision #A 01-001 Requested by: Priscilla Mora, property owner Requested for: 10942 Fairwood Block 39; Lot 1; Fairmont Park East, Section 4, Phase 4-C Background: A swunming pool design proposed by Backyard Amenities; if placed on the lot in question, would not comply with~current city zoning regulations. The applicant submitted a site plan showing the location of the proposed pool; however, confilicts with city regulations regarding setbacks required staff to deny the permit. The conflicts deal with placement of the pool with relationship to the house and utility easement. The applicant believes reducing the size of the pool would leave it inadequate for her family's needs. To resolve these issues, she has requested an Appeal of the Building Official's Decision #A01-001. The current city regulations for a swimming pool are found in Section 106- 748 and are as follows: ^ Measuring from the ~ water's edge of the pool, a 6' setback from any adjacent structure is needed ^ Measuring from the water's edge of the pool, a 3' setback from a utility easement is needed. ^ Measuring from the water's edge of the pool, a 5' setback from the side property lines is needed ^ A deck (walking area) around the pool may abut a utility easement but may not encroach. :: The pool proposed by the applicant (See Exhibit A) complies with the required side setbacks and deck placement requirement; however, it does not comply with the required setback from the house or utility easement. The applicant is requesting the following: . ^ Allow the water's edge of the pool to be 5' off the house instead of the city's standard 6' setback. (Allow a 1 'reduction.) ,, ^ Allow the water's edge of the pool to be 1' off the ~ utility easement instead of the city's standard 3' setback (Allow a 2' reduction) • • Board of Adjustment 3/22/01- #A 01-001 Page 2 of 3 Analysis: In describing the action of appeal, the Code of Ordinances states: In exercising the powers set forth in Section 106-88, the Board of Adjustment may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly,: or may modify the order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the enforcement officer from whom the appeal is taken. The Board must find the following in order to grant an appeal. a) 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. Current regulations may be unreasonable and/or excessive based on the typical size of the lots in this subdivision. Sta~'did a telephone survey of the two cities referenced by the applicant (See Exhibit B) and found their regulations are less restrictive. The information will be utilized in evaluating whether current city's regulations should be reduced. b) That the resulting interpretation will not grant a special privilege to one property inconsistent with other properties or uses similazly situated Should current regulations be changed, the proposed pool placement would comply with the revased setbacks being considered by the City of La Porte. - c) 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. • Although the placement of the pool does not comply with current setbacks, Staf}' believes the placement of the pool with the reduced setbacks proposed by the applicant would not conflict with the best interest of the community and would be consistent with the spirit and interest of the City's zoning laws and the comprehensive plan of the city. At the October 12, 2000 meeting, the Board considered Appeal of the Enforcement Of, j`icer's Decision #A00-003 which addressed a similar swimming pool situation. The Board was able to grant that appeal. • • Board of Adjustment 3/22101- #A 01-001 Page 3 of 3 Conclusion: Based on the facts and considerations noted in this report, Staff feels the Board may wish to consider granting the Appeal of the Building Official's Decision #A01-001. Although staff plans to submit changes in the zoning ordinance to the Planning and Zoning Commission and City Council, the . time involved would delay this project. If the Board chooses to grant #A01- 001, this action would allow the applicant to proceed with the construction of the pool at this time. Appeals: As per 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, boazd 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: ` ' ~ .~ 82/21/2801 16 2914281134 BACKYARD PAGE 02 . ~ - MAP OR PU1T R ®IN F C. 378049 • HARRIS COUNTY MAP RECORDS~~ vi d ~ H ~1~nler~~ ~ IM R !~ na! 6nm~dYiaeb to .aeMaml. iatlOA~ a ~.quas ants eetaglal yd MI d d ~tw M - • • g ~ harl an r~ Rd1p~ e- a! kdn 1~ a! d~wn~a N .. ~ O Z . . . ~ ~ . p N .. o SC - - -- 10941 FAIR1~'ODD ....... ~ .. ~ ~ ~ • d H ~ g' a . ~ ,r .. " Q. Q . O ii~ ~ ` ~ F .. i • ' • ~ a q .. „ • .. .• O ~ ~ ti • 0` .. - ~ ~ e ~ •• . :. c .. ~~ A . ~ . v< ~• ~ ~ ym • ~ ~ c C ~ ~ ~ .. = w or . s; ~~~y T ~ - ~ - ~ ~ ~• SEJRVEY ~.. ~~. ~ OF LOT 1, BLOCK 39, FAIRMONT PARK EAST, . ~.. ~ ~ s>n z o SECTION 4, PHASE 4-C. HARRIS COUNTY, TEXAS • $0010: leZO' 1a~ 1/31100 THE PLAT IS AN ACCURATE REPRl,~NTATIdV OF THAT tsriasd; ~IRVEY MADE ON THE GROUND UNDER YY SUPER4l~OAI. - ,`!~ 1 tp ~'~~ ~d' . purvey Bye TS. THERE ARE~Na APPARENT ENCROACHMENTS dt CaVFL ~I . . ~. ~ )raven 8 . ?.Q ~T ~~~~ H~ AT THE TNME oF' THIS ~IRVEY. .. : or. IM~AL HOMES e1LLY !~ SHANKS .. ~ Firot Swthaestara . .. 'urehasar: PR1SC~ Mona ~ • ~. ~Ob Na 98-36331 •~ 911 91LL7 L ~IANKS H1011 Ted 66L8-LeB-T9Z ~ teat :, 9~'~tff ;, ------ sua . _G FAX q~o~ey R.Tata dTI=ZD TD TZ qa.l :, a e; • TTY Off' LA PORTE RESULTS OF OZfZZ/00 'TELEPHONE SURVEY CITY OF DEER PARK: Placement of ~+mn+~*+g pools and ac: ompanying des. - ~'o minimum setbacis from structures. . 9 A minimum three-foot (3') from side property Lines. 9 l~iay abut but may not encroach into a utility easement. C''Z'Y OF FOUSTOIV: Placement of swimYning pools and accompanying dec?cs. - Rio minimum setbacs from structures. - ~o minimum setback from side property Lines. - 1i1ay abut but may not er~oacii into a utility 'easement ~ von •