HomeMy WebLinkAbout04-24-2003 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment•
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MINUTE S
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ZONING BOARD OF ADJUSTMENT
MINUTES OF APRIL 24, 2003
Members Present: Chairperson Sidney Grant; Willie Walker, Rod Rothermel, Bob Capen,
Alternate No. l Charles Schoppe, Alternate No. 2 George Maltsberger
Members Absent: Ruben Salinas
City Staff Present: Ciry Planner Gwen Goodwin, City Prosecutor Clark Askins, and Planning
Secretary Peggy Lee
1. CALL TO ORDER.
Meeting called to order by Chairperson Grant at 6:00 P.M.
2. APPROVE MINUTES OF THE MARCH 27, 2003, MEETING.
Minutes were approved as presented.
3. CONSIDER VARIANCE #V03-001 TO SET ASIDE THE CITY'S BOND AND INSURANCE
REQUIREMENTS PERTAINING TO MULTI-FAMILY DEVELOPMENT PER SECTION 106-150
OF THE CODE OF ORDINANCES.
Ciry Planner Gwen Goodwin stated the City received a call late this afternoon indicating the applicant,
William Helm, on behalf of First National Bank of Bellaire, would not be attending the meeting. The
applicant/owner had verbally requested the Variance application be withdrawn; however a written
request was not received
Staff recommended the Board go along with Mr. Helm's request to set aside the City's bond and
insurance requirements pertaining to multi-family developments and establish a covenant to substitute
a reserve fund that would operate for a period of 40 years. Staff also recommended an additional
covenant be created to ensure funding would be available. to maintain the property after the 40 years.
Ms. Goodwin noted the City of Pasadena's ordinance contains a similar bonding requirement and they
too are encountering a problem with Developer's being able to secure a bond. Staff will request the
Planning and Zoning Commission review this section of the ordinance for possible amendment.
Chairperson Grant expressed disappointment with Staff's recommendation, noting the following
concerns:
- To date, the owner has not submitted a loan application for the project.
- As proposed, a HUD reserve fund would be used to maintain the property for 40 yeass with no
assurance of funding after 40 yeass.
- Allowing property maintenance to be monitored by HUD will tie the City's hands.
- There is a lack of provisions in the event there is a change of ownership.
Zoning Board of Adjustment •
Minutes of Meeting Apri124, 2003
s Page 2
- If the City's ordinance is not compatible with business lending practices, then the Planning and
Zoning Commission should take this concern under review. The Board of Adjustment is not
the proper avenue.
Ms. Goodwin attempted to address some of the Board's concerns.
A. PROPONENTS
There were no proponents.
B. OPPONENTS
There were no opponents.
Motion by Bob Capen to deny Variance Request #V03-001. Second by Rod Rothermel. The motion
carried.
Ayes: Walker, Rothermel, Capen, Schoppe, Maltsberger, and Grant
Nays: None
Abstain: None
4. STAFF REPORTS
There were no Staff Reports.
5. ADJOURN
Chairperson Grant adjourned the meeting at 6:15 PM.
Submitted by,
P
Planning Secretary
Approved on this ~ day of , 2003.
Sidney G a~
Chairperson, Zoning Board of Adjustment
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#SE03-001
SPECIAL EXCEPTION
FOR
330 N. 5~` Street
•
DEVIATION OF A YARD REQUIREMENT ON A
CORNER LOT
EXHIBITS:
APPLICATION FOR SPECIAL EXCEPTION
STAFF REPORT
EXHIBIT A -AERIAL MAP
EXHIBIT B -FLOOR PLAN OF SITE
EXHIBIT C -RESIDENTIAL AREA REQUIREMENTS -
Sect. 106-333. Table B footnotes
•
Staff Report May 22, 2003
Special Exception Request #SE03-001
Reauested bv: Mr. Doug Kneupper, Director of Planning, City of La Porte
Requested for: Side yard requirement on a corner lot
Location: 330 N. Sa' Street -Lots 1 & 2, Block 80, LaPorte, Harris County Texas
Zonin : Residential-1 (R-1)
Background: In December 2002, the City of La Porte formally accepted a $350,000 grant
from the Department of Housing and Urban Development's (HUD's)
HOME grant program through Harris County's Office of Housing and
Economic Development Department. The City designed a program that will
build 11 new homes in the Northside neighborhood. To generate interest in
the program, the City is building the first two homes. These homes will be
located on 7~' and Sa' streets. (See Exhibit A.)
To develop in the Northside and meet the City's minimum 50' lot width
requirement, two 25' x 125' lots are needed. Both sites meet these
requirements; however, the corner lots on Sa` and W. Tyler Streets cannot
meet the required 10' side lot setback when adjacent to the public right-of -
way. The City plans to build a 1554 sq. ft. with a width of 40'. (Exhibit B)
After the required 5' setback is added to the south side of the property, the
10' side setback requirement at W. Tyler Street cannot be met. The City is
requesting a 5' Special Exception to the side yard requirement on a corner
lot.
Anal sis: The Code of Ordinances defines a special exception as a specked
enumerated deviation from zoning regulations The Board is empowered to
grant a social exception when it finds the following:
• Granting the exception will not adversely a,~fect the value, or use of
neighboring property.
• Granting the exception will not be contrary to the best public interest.
The applicant's request is based on Section 106-191 b (2) c, which states the
following:
• To deviate yard requirements in the following circumstances: a yard
exception on corner lots
To generate interest in redeveloping the Northside, the City committed to
increasing the number and quality of housing. When originally platted,
several areas in La Porte, (including the Northside), were platted as 25' x
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Board of Adjustment A ,~~1 ~ ~ 3
der 5~O~ ~0
Page 2
125' lots. As a result, at least two lots are needed to create a "buildable" site.
Developing moderately sized homes on these lots using our current zoning
ordinance requires flexibility. Section 106-191 b (2) c provides the
flexibility/relief for these development challenges.
North Sa' and W. Tyler are collector streets in a residential neighborhood.
These streets typically are not heavily traveled. Allowing an exception to the
side set back would not create a visual obstacle for motorists.
Conclusion: Staff believes the request fora 5' yard exception on the corner lot should be
granted. After a careful review of Section 106-191 b (2) c, this special
exception would not be contrary to the public's best interest; in fact, this
special exception will benefit, the Northside and the entire City of La Porte.
Aaaeals: Asper Section 106-196 of the Code of Ordinances of the City of La Porte:
Arty person or persons, jointly or severalty, aggrieved by arty decision of the
Board of Adjustment, or arty taxpayer, or arty 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 Y. T.C.A., Local Government Cade Section
211.011, .duly ver~ec~ setting forth that such decision is illegal, in whole or
in part, spec~ng 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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#SE03-002
SPECIAL EXCEPTION
FOR
506 SO. BLACKWELL STREET .
DEVIATION OF A FRONT YARD REQUIREMENT
EXHIBITS:
APPLICATION FOR SPECIAL EXCEPTION
STAFF REPORT
EXHIBIT A -AERIAL MAP
EXHIBIT B -PLOT PLAN OF SITE
EXHIBIT C -RESIDENTIAL AREA REQUIREMENTS -
Sect. 106-333. Table B
CJT'! OF LA FORTE
•%CrilDiis BOA~tD GF ADJUSTriEIv~ ~.
_ SPECIAL EXCEPTION REQL'EST~
------------------_____----------------------Application i"o.~-(~~-~~?.~'
OFFICE ~5,~' OIvL'~. Fee"..___.~~'~-CO Date Received. _•~(-.~c~. _~~~_~
_. _._ L .- .. - RecelpL NO.. ___ ~-.:~ ~-:..,-~
NOTE: This Fee is Dion-Refundablz Regardless of the Board's Decision.
Applicant: ~~brd _~.~0~_,~_.~__C`~~,cU~r_~{--~-r'----•--..
Name
!~ ... Sr _IC~I N ~4$' _~_L____~ R~ r (~. /x ~ J~r7~ P:-} . 2 J'~`t ~,~ 5 ~-`7 ~ .
Address
I am the owner of the herein described property. I have authorized
-__^--_____-_r________._.-._____--_-•__, to act on my behalf in this matter.
owner: ,~-L=~-'.~_-~1s,c_~__.~~'Qwr~(,(_.~-r._•----•-- -
~ Name 3/t /~kn+SRS sT,!
--/L'~.t~•_r_ i ,, - X ,V775. ~ / PH . ~` ~~f '~ IS~3
Address
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I am requesting a Special Exception to Sect. ~~~~`-~•3~~ of the CiL-y
Zoning Ordinance No. 1501 I am requesting this Special Exception for
property 1 o c a t e d a t .,Zr? ~ ~_.(.Q~ /_[.w 1~.-~-! --_- s /, __-'G ~ ~'• •?E _%1,.~.~-~T~y n~°•rT~
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 r~.~.st provide Authorization to act
on the Owner's behalf. !^
Date ~.~ p icant s Sig
OFFICE USE ONLY
Site Plan and Authorization (if applicable) attached? Yes ( ) No ( )
Date transmitted to the Board of Adjustments : .r.~~_.__.__
Meeting Date: ~ _._._._.____..__ Applicant Notified of Date: __._._._.___...._._.__
Eoard's Decision: Approved ( ) Denied ( )
Notice of Board Decision mailed to Applicant/Gwner: _..._...._...__.__.____
•
•
P .''1 ~l .~`.. G
A Special Exceptior, is a deviation from the requirements of the
Zonin€ Grdinance. Before they grant a special exception, The Board cf
Ad ~ustrnents must determine that t'r,e exception is :not contrary tc the
best public interest and will now adversely affect the value or use of
adjoining property.
Special excepi;iens may be grante:j for the following items cnly:
(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 (14) 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 no.t 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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T'iFE OE RE~IEr BEING SGUGF:T:
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THE GRO/U_NDS FOR THE •REQUEST:
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• •
Staff Report May 22, 2003
Special Exception Request #SE03-002
Reauested bv: Buford Lloyd Crowell, Jr., property owner
Reauested for: Lots 57 & 58; Block 24; Bayfront to La Porte Addition
Location: 706 S. Blackwell
Zoning: Low Density Residential (R-1)
Bac round: The age of the single family dwelling in question is unknown; however,
based on the 1980 city aerial map the home existed at that time. $ee Exhibit
A. The applicant is unable to provide a property survey but based on an
"exposed" front property corner pin, the applicant and staff both feel the
house is located approximately twenty-three feet (23') back from the front
property line. Since the front yard setback does not comply with the existing
twenty-five foot (25') front yard setback established by the city's zoning
regulations, the house is considered apre-existing, non-conforming structure.
Recently a front porch addition was built without the authorization of the
city and is located only sixteen feet (16') back from the front property line.
The porch addition increases the amount of nonconformity for the property.
The applicant has. stated that a smaller porch did existed at one time;
however, the aerial map does not reflect this and he has been unable to locate
an old survey or photographs to substantiate this for stafl=.
The applicant wishes to keep the porch in place by obtaining a city building
permit; however, staff is unable to issue a permit based on the conflict with
the zoning regulations.
To address this issue, the applicant has chosen to submit a Special Exception
request asking for a deviation from the front yard requirement.
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.
• •
Board of Adjustment
May 22, 2003
#SE 03-002
Page 2of 2
The Applicant's request is based on Section 106-191(b)(2)(a) which states
the following:
To deviate the front yard requirement where the actual front yard setback of
any abutting lot does not meet the front yard requirement.
The house located on the abutting four lots (712 So. Blackwell) does not
comply with the city's current front yard setback requirement. The
applicant's structure and new porch appear to be in line with and have the
same front yard setback as 712 So. Blackwell.
Conclusion: .Based on the facts outlined in this report, staff feels the applicant's request
deserves consideration by the Board. It does appear that the granting of the
requested special exception under Section 106-191(b)(2)(a) would not be
contrary to the best irnerest of the public and would not' adversely impact the
adjacent properties.
Should the Board grant Special Exception #SE03-002, staff suggests the
following condition be made as part of its approval.
• The applicant be required to obtain the required city building permit
and inspection(s). .
ADUeAl3: 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 Adjustmern, or any taxpayer, or any oiTicer, departmern, 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 Adjustmern.
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ARTICLE-'III. DISTRICTS
DIVISION 2. RESIDENTIAL DISTRICT REGUL.4TIOPJS
Subdivision 1. Generally
Sec. 106=333: Table B, residential area requirements.
(a) Table B, residentia! area requirements. ~ -
Uses
3
Single-family detached
Single-family large {ot
Single-family special lot
fine, 0 lot line
Duplexes
ing le-family ,converted
to nu~i` j~ri~lj(
Towrihouses,
quadraplexes (10,000 s.f
of site area 100 ft. wide)
I~r1 ulfi=famtj
Manufactured housing
Manufactured housing
subdivision or parks (5
acre min.)
Group care facilities (less
than 6) and day care
homes
Public or private educa-
tional and religious insti-
tutions, large group care
facilities, daycare cen-
ters, recreational build-
~gs., boarding, and nur-
sing homes
Freestanding on-prem-
ises signs
1
l4laximum
Minimum Minimum Minimum
rlinimum
blinimum Cot
Coverage /
Lot
Area ! D. U. Lot
Width . Yard
Setbacks
Maximum Site
Area /Unit Gevelopment
Open S
ac
/ h~linimum
L
d
S. F. _
L.F.
.L.F. F.R.S.
Height
S.F. p
e
Unit S.1=. an
scaping
Required
. 11,.42;';13;1.!;, Ty
6000 50 25-15-5 ~ 35 Ft. 9100 -- 40%%N/A
- 4.8
43560 100 -.25-15-5 45 Ft. DU/A.. -- 30%/N/A 0
4356 -
1.0
4500 40 20-10-0 35 Ft. _ DU/A Footnote 60%/NIA
7300 # 1
6.0
6000 60 - 22d=~;t1 45 Ft. DU/A Footnote 60%/N!A
. 8.0 ~ # 1
'6000 50 20-10-5 35 Ft. DU/A N/A 50%/N1A
_ .. NIA
2000 20 2:~=2E1~-20 ~ 45 Ft. , 4400 Footnote 75%1~~.~a
DUlA # 1- _......_..
- ~ 10.0
20000 100 ~ . 25-20-20_ 45 Ft. 1600 298 60%/~5~°~v
=~~ Footnote
4500 40 20-10-5 25 Ft. 7300 Footnote 60%/6%
- 6.0 - # 1
~. DU/A
100 of front N/A NIA NIA ~ N/A N/A/NlA
road frontage .
25-20-10 25 Ft. N/A N/A ~ N/A/6%
30-20-10 45 Ft. N/A ~ N/A N/A/6%
~_ See article VII of this chapter