HomeMy WebLinkAbout05-22-2003 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment.~ •
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MINUTES
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ZONING BOARD OF ADJUSTMENT
MINUTES OF MAY 22, 2003
Members Present: Chairperson Sidney Grant, Bob Capers, Ruben Salinas, Alternate No. 2
George Maltsberger
~. ~... .
Members Absent: Willie Walker, Rod Rothermel, Alternate No. l Charles Schoppe
City Staff Present: Director of Planning Doug Kneupper and Planning Secretary Peggy Lee
1. CALL TO ORDER
Meeting called to order by Chairperson Grant at 6:05 P.M.
2. APPROVE MINUTES OF APRIL 24, 2003, MEETING.
Minutes were approved as presented. ~ ..
3. CONSIDER SPECIAL EXCEPTION #SE03-001 TO DEVIATE THE YARD REQUIREMENT
ON A CORNER LOT IN ACCORDANCE WITH SECTION 106-191 (B)(2)(C) OF THE
CODE OF ORDINANCES. ~ ~ .
Director of Planning Doug Kneupper presented stafFs report. Mr. Kneupper spoke about the
HOME grant program, which includes construction of ll new homes in the Northside
neighborhood. To get the program started, the City is initiating construction of the first two
homes. The home being considered is located on a corner lot at 330 N. 5`~ Street and cannot meet
the required 10'~ side lot building setback when adjacent to. a public right-of--way. The ~Ciry is
requesting a 5' Special Exception to the side yard requirement on a corner lot.
Fifteen public ~ notices were mailed to nearby property owners: Three were returned
undeliverable, and one response was received in favor of the Exception.
Mr. Kneupper answered questions from the Board.. Board Members wanted to be sure special
consideration would not be given to the City's request.: Mr. ICneupper stated staff believes a
legitimate hardship exists. .
A. PROPONENTS
There were no proponents.
B. OPPONENTS
There were no opponents.
Motion by Bob Capers to approve Special Exception #SE03-001. Second by George Maltsberger.
The motion carried.
. Zoning Board of Adjustment • •
Minutes of Meeting May 22, 2003 .
Page 2
Ayes: Capen, Salinas, Maltsberger, and Grant
Nays: None
Abstain: None
4. CONSIDER SPECIAL EXCEPTION ~ REQUEST #SE03-002 TO DEVIATE THE
FRONT YARD REQUIREMENT IN ACCORDANCE WITH SECTION 106-
. ~ 191(B)(2)(A) OF THE CODE OF ORDINANCES.
Mr. ICneupper presented stafFs report and answered questions from the Board. Mr. Buford I1oyd
Crowell, Jr. has requested a Special Exception for property located at 706 S. Blackwell. The
house on the property isconsidered apre-existing, non-conforming structure, believed to be
located 23' from the front property line. City zoning regulations require a 25' front yard setback.
A front porch was recently built 16' from the front property line without authorization. The
porch addition increases the nonconformity, however, the house and porch appear to be in line
with the house located at 712 S. Blackwell, which also does not comply with front yard setback .
requirements.
Staff believes that granting the special exception would not be contrary to the public's best
interest, nor would it adversely impact adjacent properties. .
Public notification was mailed to 22 area property owners. One response was received in favor of
the•request;. one opposed; and one was returned undeliverable. .
A. PROPONENTS
Chairperson Grant swore iri Buford L Crowell, Jr.. Mr. Crowell described the
improvements he has made to the house and answered questions from the Board. When
replacing the porch, he tried to obtain a permit, but was unable to prove a porch
previously existed. He is willing to have the porch inspected and get a permit if the Ciry
will let him keep the porch.
B. PROPONENTS
No opposition was presented.
Motion by Bob Capen to approve Special Exception #SE03-002. Second by Ruben Salinas. The
motion carried
Ayes: Capen, Salinas, Maltsberger, and Grant
Nays: None .
Abstain: None
5. STAFF REPORTS
There were no Staff Reports.
6. AnJouRN
Chairperson Grant adjourned the meeting at 6:30 PM.
' Zoning Board of Adjustment
" Minutes of Meeting May 22, 2003
Page 3
Submitted by,
Peggy
Planning Secretary
Approved on this ~, day of _
. ~~~
Sidney G `t
Chairperson, Zoning Board of Adjustment
2003.
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#SE03-004
SPECIAL EXCEPTION .
FOR
111 S0.2ND STREET
DEVIATION OF REAR YARD REQUIREMENT
EXHIBITS:
APPLICATION FOR SPECIAL EXCEPTION
STAFF REPORT
EXHIBIT A -AREA MAP
EXHIBIT B -SITE PLAN
EXHIBIT C -.TABLE B, COMMERCIAL AREA
REQUIREMENTS; Sect. 106-443
EXHIBIT D -SKETCH PLAN OF BLOCK
NONCONFORMITIES
• ~ CIT'Y OF' LA PORTE •
ZONING F1OARD OF ADJUSTFIENT
SPECIAL EXCEPTION REQUEST
Sf
Application t~~o.:~~ <~-_ ~?r'~
OFFICE US.E_ ONLY : Fee; _ _ _ S5G . UG Date Received : _•_ C (~--,? ~o_ c' 3
Receipt No.. _.__._._.__.~1~.-
.NOTE: This Fee is Non-Refundable Regardless of the Board's Decision.
Applicant. ~~li.£?¢ _~.,G2:M~~+~'y~?~~r'i~~ ~34'~~.~^:'+a_;rs;,'~~:~~~ •~~.i
{ Name ~~- _
P 1 11~~~._~ ~ _....~wSa~. i~~`_L'i•+,• ~~•_t~'~,at _ ~~-~i' °•.."3 * : . ~. ~~ P H :~:er'SI~.~ _~ .P }~z.7 .r!'o wig `\
A d d r'e s s 4"
I am the owner of the herein described property. I have authorized
,._"~~y.~:4 _,t..li.y_ ,~~_._•_._.,_,_•__._._~_:____, to act on my behalf in this matter.
Owner*~: G~~~~_. o~• ~!~.~a..+C•=.~.~-:_._. __._._._.__-•-•--•-•----•---- .
. ~ Name
Address
I ani requesting a Special Exception to Sect~~~~~~~~- of the City
Zoning Ordinance No. 1501. I am requesting this Special~Exception for
property l o c a t e d a t e ~~~? ~mrd,.~~ ~:.3~..~•~...~~ ~".p~__D_~ ~~p_~~
. Address Legal Description
( •~'l S`ite 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 rt-aking this request.
~ If applicant is NOT the owner,
on the Owner's behalf.
v.~-~. 3~ '~o~~
Date
he mint provide Authorization to_act
Apr licant's Signature
OFFICE USE ONLY
Site Plan and Authorization (if applicable) attached? Yes ( ) No ( )
Date ~ tr•ansniitted to the Board of Ad justments~: ~~____._-._.____._._.__
Meeting Date: ._._._ ....___._.__ Applicant Notified of Date: __.__.._._ ._.. _
Board's Decision: ~ Approved ( ) Denied ( )
Notice of Board Decision mailed to Applicant/Owner: _._____.......__._,._:____
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PAGE 2
. A Special Exception is a deviation from the requirements of the
Zoning Ordinance. Eefore they grant a'special exception, The Eoar•d 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.exce~~i;ions R,ay 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 requirerr,ents under the following cir-
cumstances: ..
(a) Exceptions to front yard requirements if front yard .
setbacks ar•e not n,et on abutting pieces of property..
(b) Exception to rear yard setbacks if any~four (t4) 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 i.f the Board feels they are unnecessary
for the proposed use. of a building or piece of property.
Please remember it is the Applicant's responsib].ity to prove
that a Special Exception will meet the above conditions.
If there is not adequate room on the ren,ai.nder• of this form to
list all pertinent information, please feel free to attach ar,
additional letter. or any information and exhibits you .feel the Board
should consider.
FACTS RELEVANT TO THIS MATTER: '
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PAGE 3
TYPE OF RELIEF BEING SOUGEIT:
.~
T'}1E GROUNDS FOR TEiE REQUEST:
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The American Legion
tYovey Bethea Powell Post 428
P. O. Box 14
La Porte, Texas 77572-0014
June 26, 2003
Zoning Board of Adjustment
City of La Porte
P.O. Box 1115
LaPorte, Texas
RE: SPECIAL EXCEPTION #03-004
To Whom it May Concern;
Currently on this site, located at 111 So. 2°d St., is the Original City Hall of La Poite,(previously the
American Legion Post Home) and a 20' x 20' building now used as our Post Home. .:`'',
In 1999 we entered into a contract with the City of La Porte to preserve the original city hall building
and construct the 20' x 20' building at the rear of the property to be used by us. for the daily
operations of our Post. The contract granted ownership of the property to the City.~ , : .
American Legion Post 428 wishes to make improvements consisting of a 10' x 20' extension onto the
rear of the said 20' x 20' building to include a rest room for the use of our membeis and a.secure area
for keeping our Post records. This proposed improvement will remove the need fore keeping said
records (and the use of the facilities) in the original city hall building. This improvement shall be
done at no expense to the City.
We have confirmed that the existing 20' x 20' building is located 13.5' off the rear.lot line and that
the proposed addition would not comply with the required ten-feet (10') in current regulations. We
are asking for aseven-foot (7') exception (three-foot (3') minimum from rear property line). The
property adjoins asixteen-foot (16') unimproved alley and will not create a problem. . .
Section 106-19(b)(2)(c) of the City's Code of Ordinances allows for such exception..:We believe this
change will not adversely effect adjacent or neighboring properties, or be contrary to the best public
interest. Thank you for your consideration in this matter.
Respectfully,
R ~~~~~ 4.
Bill White, Commander
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Staff Report ~ ~ ~ ~ ~ July 24, 2003
Special Exception Permit Request #SE 03-004
Reauested bv: Bill White, Commander of the American Legion Post No.'428 (Lessee)
Supported by the City of La Porte (Property Owner)
Requested for: Lot 7; Block 38; Town of La Porte.
Location: 111 So. 2"d Street
Zoning: General Commercial (GC)
Background: According to the City's current zoning map approved on Mazch 24, 2003,
the property in question is located within a General Commercial (G.C.) zone.
(See Exhibit A). The American Legion utilized this location since 1937;
however, prior to their use, the building .was the city's original city hall.
Although the City is the current property owner, prior to the transfer of
ownership (from the American Legion to the City), the Legion constructed a
10 X 20' office building on an existing reaz slab. Permission for the
construction of the building occurred through a combination of a .lease
.. ~ agreement between the two parties and the Zoning Boazd of Adjustment's
(ZBOA) approval of Special Exception #SE 99-002 which provided relieve
on the standard side yazd setback. ~ _ ~ .
At this time, the applicant has submitted a second special exception request
to allow construction . of a 10 X 20' reaz addition to .this existing office
building. The proposed addition includes a storage and restroom area for the
rear office building. With this second addition, the front building (original
city hall) will no longer need to be utilized by the Legion:
While the proposed addition will be located within the current lot of record,
the addition would be approximately 3'-6" off the rear property line (alley).
(See Exhibit B). Since the standazd reaz setback in a G.C. zone is 10'(See
Exhibit C), granting of this request would allow a setback reduction of 6'-6".
.. •
Board of Adjustment
July 24, 2003 Meeting
#SE 03-004 .
Page 2 of 3
•
This exception is being requested under the terms of Section 106-
191(b)(2)(b) of the City's Code of .Ordinances.
• To deviate a reaz yazd requirement based on similar pre-existing
nonconformities within the same block.
The attached sketch plan identifies some similaz pre-existing
nonconfonmities existing within the same block. (See Exhibit D). Also, in
. the past, decisions have recognized the uniqueness of the "downtown" area
and relief has been granted. We believe this situation is within the spirit of
Section 106-191(b)(2)(b) of the Code of Ordinances of the City of La Porte.
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.
Regazding this request, the relief being sought is covered by the terms of the
Special Exception Section.
• Allow construction of a 10' X 20' office building addition with a 3'-6"
reaz setback off the eastern or rear property line (alley).
The issues to consider are impact on neighboring property and the best
public interest. It does not appear that granting the requested special
exception will adversely impact the adjacent properties nor does it appeaz
that granting this exception would be contrary to the best public interest.
Conclusion: Based on the facts and considerations noted in this report, staff supports the
. .. request to grant Special Exception'#SE03-004.
•~ ~ .
Board of Adjustment
July 24, 2003 Meeting
#SE 03-004
Page 3 of 3 ~ ~ .
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, board or
bureau of the city may present to a court of record a petition for a writ of
certiorari, as provided by V.T.C.A., Local Government Code Section
211.011, duly verified, setting forth that such decision is illegal, in whole or
in part, specifying the grounds of the illegality. Such, petition shall be
• presented to the court within ten days after the filing of the decision in the
office of the Board of Adjustment:
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EXHIBITS.
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WEST "6" ST.
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• •
ARTICLE III. DISTRICTS
DIVISION 3. COMMERCIAL DISTRICT REGULATIONS
Sec. 106-443. Table B, commercial area requirements.
(a) Table 8, commercial area requirements.
Uses
imn
R 3 uses (permitted) except
single-family, detached and
'special lot, duplexes, quads=
ruplexes, townhouses, and,
fr_;iulti=family ~~ ~~
CR Comm. Recreation Dist.;
all permitted or conditional
NC Neighborhood Comm.;
all permitted or conditional
GC General Comm.; all
permitted or conditional
Outside sales or services
Outside storage
~=reestanding on-premises
signs
Freestanding on-premises
signs located in controlled
access highway corridors
(b) Footnotes to Table B.
1
2
3
4
Minimum Maximum
Landscaping Lot
Required Coverage
s
Adjacent to
Minimum Residential
Yard Minimum Yard
Setbacks Setback
F.R.S. F.R.S.
1, 3, d, 6,7 2.6
Maximum
Neighf
(feet)
6% Density Intensity Regulations Specified in Table B, Residential
area requirements, section 106-333
6% 50% 20-10-0 20-10-10 45
6% 40% 20-10-0 20-20-10 45
N/A N/A 5-5-5 Same as
principle
use N/A
N/A N/A 20-10-5 Same as
Principal See section
Use 106-444(b)
See article VII of this chapter
See article VII of this chapter
A minimum landscape setback of 20 feet will be required adjacent to all designated conservation
areas. Buildings, parking areas, loading docks, outside storage, and refuse containers will not be
allowed in such setback areas. These areas are to be landscaped with trees, shrubs, and
groundcover, with a planting plan required to be submitted and approved by the enforcing officer.
Required landscaping must be maintained by the property owner and/or occupant.
Screening is required in conformance with section 106-444(a).
All yards adjacent to public right-of-way must be a minimum of ten feet.
The minimum setback adjacent to any utility easement shall be three feet.
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• •
#V03-002
VARIANCE
•
FOR
941 OAK GROVE AVENUE
REDUCTION OF REAR YARD REQUIREMENT
AND SIZE OF STANDARD DESIGNATED
CONSERVATION AREA _
EXHIBITS:
APPLICATION FOR VARIANCE
STAFF REPORT
EXHIBIT A -AREA MAP
EXHIBIT B -SITE. PLAN
EXHIBIT C - .TABLE B; RESIDENTIAL AREA
REQUIREMENTS; SECT. 106-333
AND TABLE FOOTNOTE (2)
EXHIBIT D -CONSERVATION AREA DEFINITION; .
SECT. 106-1
CITY OF LA FORTE
~G BOARD OF ADJU~NT
VARIANCE REQUEST ~ V ,
.,~.
Application No.: ~ 03 -~ 00 2
OFFICE USE ONLY: Fee: $100.00 ~ Date Received: ~ 0 ~a - / 7 0 ~
Receipt No.: ~ nl'/.n
Note: This Fee is Non-Refundable Regardless of the Board's Decision.
Applicant: ~.~ , 1~~/1:~ ~os'e~ L <<;:'~ ~'yiQSrs
Name
.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
. b
I am requesting a variance to Sect. UI b -/,~~I ~f the City Zoning Ordinance No. 1501.
I am requesting this variance for property located at ~ `/l Dom: ~ ~~ ~ ~ ~ ~
Street Address
rack ~ U ~~t' - ~Z~G~°f i~ -~- :; ~I~~ ~~ ~~ , h~rc O~~rk
. Legal Description
()Site Plaa ~ ~ () Minox 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 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 making this request.
* If applicant is NOT the owner, he must provide Authorization to act on the Owner's ~ .
. behalf. ~~~~
/,%~~'
Date App cant'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:
Notice to surrounding property owners -Date:
Board's Decision: Approved () Denied ( )
Notice of Board Decision mailed to Applicant/Owner:
~ ~ ?
A variance is a ~"deviation from the literal provisions of the Zoning Ordinance." The
City's Board of Adjustments 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 is question. Property that is undevelopable
due to its unusual shape, narrowness, shallowness, or topography constitutes the
primary example of hardship. Hardships that are financial in nature or due to the
owner's actions cannot be granted.
3) Granting the variance must, not violate the spirit of the Zoning Ordinance.
4) No variance that allows a use that is prohibited within the Use zone is question may
be granted. For example, a variance allowing a commercial use in a residential zone
is not allowable.
Please remember it is the Applicant's responsibility to prove that a variance 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:
B~ C~'e.~k .1r CanSef -af~o~ c-fP~t
C 1 1.J/\ P @. C L} 6 ~t' ~ ~ ~~ r ;~v- ~ ~i~ t' i` ~1- .~ n .n . ~' ~ ^ v
Sew ~e ~ i n ej
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TYPE OF RELIEF BEING SOUGHT:
e
THE GROUNDS FOR THE REQUEST:
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Staff Report ~ July 24, 2~3
Variance Request #V03-002
Requested bv: ~ W. Allen & Ligia Moses (Property Owners)
Requested for: Lot 12 & E: '/z of Lot 11; Oak Grove AND
Tract 7; Abst. 35; J. Horner Survey.
I:ocation: 941 Oak Grove Avenue
Zoning: ~ Low Density Residernial (R 1) and Mid-Density Residential (R 2)
Baclg*round: ~ According to the City's currern zoning map approved on March 24, 2003, the property in
question is located within two zoning classifications. The portion of land located within
the Oak Grove Block is zoned as Low Density Residential (R 1) while the tract located
. in the J. Horner Survey is zoned as Mid Density Residernial (R 2). The construction of a
single-family dwelling is a "permitted" use in each zone. (See Exhibit A).
The applicant has submitted Variance request #V03-002 which asks for relief from the
standard rear yard setback and standard designated conservation area. The request is
based on his desire to construct asingle-family dwelling. Unfortunately, due to property
size, the reduction in these two area requiremerns alone would not enable a home to be
built. Staff has prepared an exhibit to identify the various issues. (See Exhibit B)
.Therefore, while consideration is given to this request, the Zoning Board of Adjustment
(ZBOA) also needs to note that they are being asked to consider a second property
request (special exception) as well. Approval of each request will be necessary to make
the proposed project `liable".
Staff has included a copy of Table B; Residernial Area Requirements and Footnote (2)
that idernify the standard 15' rear yard setback and minimum 20' landscape setback from
the conservation area (See Exhibit C) In addition, the definition of a conservation area
has been provided as well. (See Exhibit D).
In accordance with Section -106-192(b~2)(b), the applicarn is asking the ZBOA to grant
relief to ~ the "unnecessary hardship" resulting from -the shallowness, creek and
conservation area unique to this property.
The application submittal did not include a site plan showing the location of the proposed
home nor did it include ~a request for "specific" reductions. Therefore, if the applicant's
request is grarned, the ZBOA will be determining the deviated or "reduced" requirements
they feel is appropriate.
•
Zoning Board of Adjustment
July 24; 2003
#V 03-002
Page 2 of 3
C7
Anal sis: Section 106-192(b~1), in the~Code of Ordinances, defines a variance as a deviation from
the literal provisions of the chapter, which is granted by the Board when strict
conformity to the chapter would cause an unnecessary hardship because of the
circumstances unique to the property on which the variance is granted
Except as otherwise prohibited, the board is empowered to authorize a variance from a
requirement when the board finds that all of the following conditions have been met.
• That the granting of the variance will not be contrary to the best public interest.
• That literal enforcement of the chapter will result 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 convenience, financial considerations or
caprice, and the hardship must not result from the applicant or property owner's own
actions; and
• That by granting the variance, the spirit of the chapter will be observed.
In determining if granting the. applicant's request would be contrary to the general public,
Staff recognizes that the development of the property would not create a problem with
adjoining properties.
...When looking at the second condition, Staff has determined that the property does meet
the physical hardship test. Literal enforcement of current regulations would render the
site "unbuildable". As previously noted in this report, relief from the standard front yard
setback is being considered separately (under a special exception request); therefore, only
the rear yard issues are discussed in this report.
As shown on the attached site plan, an angling creek located at the rear of the property,
determines the location of the designated conservation area. That location in tum
determines~where the standard 20' conservation setback area is located on the property.
The ZBOA's final consideration is whether granting of this request, observes the spirit of
the ordinance. Based on the facts noted in this report, the applicant's request could be
considered reasonable if within the spirit of the ordinance.
An additional concern is the determination of the line on the property that represents
Mean Sea Level. This deteiinination may affect the applicant's ability to build based on
state and federal regulations.
•
Zoning Board of Adjustment
July 24, 2003
#V 03-002
Page 3 of 3
If acted upon, staff suggest any approvals be subject to review/ approval by:
• Army Corp of Engineers for regulations pertaining to Section 10 Waters; and
• Texas General Land Office pertaining to lease regulations
Conclusion: ~ The request for a reduction of both the standard rear yard setback as well as the standard
designated conservation area is unusual. In addition, staff notes that the reductions of
these two areas alone does not make the site "buildable". The applicant's other request
(special exception) complicates the matter being considered under Variance #V03-002.
We suggest that the Board review the next item before taking action on this item.
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
Adjustmern, 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 preserned 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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N°TE A STRIP Ov LAND IS.fEET NtDE AS PER V0.. 15'M. PAGE 709 .D. R. ~ ~ y
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-srlsls POR eEARINfa~ AlOI~ttED AS PLArT®
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-DISTANGFS lF,ONN Alf! GaO,l,D D137ANLF5 pRJ17E[I OY plDlllAIILE ffry I?9S. A fc>Ar tf flfilCH HAS OED, FILED fCJR RE[
-ALL A837RAGT,NG O~IE OY Tll,t G01~AMY tAN7F~ FIARRIS LAND' OLSRK'S FILE NO L-076773.
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STATFJIENI IS Odd ON SOAL,NG THE L1X.At,ON (JF 9AlD Si1RVFti' ON
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ARTICLE III. DISTRICTS
DIVISION 2. RESIDENTIAL DISTRICT REGULATIONS
Subdivision 1. Generally
Sec. 106-333. Table B, residential area requirements.
(a) Table 8, residential area requirements.
Uses
e .
Single-family detached
Single-family large lot
Single-family special lot
line, 0 lot line
Duplexes
Single-family converted
,,,...w,.,.~.,,:~,., :.?~
to .rt~lia:~~~rriily
Townhouses,
quadraplexes (10,000 s.f
of site area 100 ft. wide)
~;~ ;,~.-
Mulh`.-farnG
Manufactured housing
Manufactured housing
subdivision or parks (5
acre min.)
Group care facilities (less
than 6) and day care
homes
Maximum
Minimum
Minimum
Minimum
Minimum
Minimum Lot
Coverage /
Lof Lot Yard Site Development Minimum
Area / D. U. Width Setbacks Maximum Area /Unit Open Space / Landscaping
S.F. L.F. L.F. F.R.S. Height ~ S.F. Unit S.F. Required
z~.~,xa1o
:13':12:iif3;1.I;EfS :1s .i~ ~ to
6000 50 ~ 25'; ~5-e5 ~ 35 Ft. 9100 -- 40%/NIA
. 4.8
43560 100. 25-15-5 45 Ft. DU/A -- 30%/N/A 0
4356
1.0
4500 4b 20-10-0 35 Ft. DU/A Footnote 60%/N/A
7300 # 1
6.0
6000 60 22~_-2~ 45 Ft. DU/A Footnote 60%/N/A
8.0 # 1
6000 50 20-10-5 35 Ft. DU/A N/A 50%/NIA
N/A
2000 20 25~~~!=2.Q 45 Ft. 4400 Footnote 75%/25_~a
' DU/A # 1
10.0
20000 100 25-20-20 45 Ft. 1600 ~ X88 60%~~'Io
'~'~ Footnote
= l~~Q # 1
4500 40 ~ 20-10-5 25 Ft. 7300 Footnote ~ 60%/6%
6.0 # 1
DU/A
100 of front NIA NIA N/A N/A ~ N/A/N/A
road frontage
25-20-10 25 Ft. N/A N/A N/A/6%
Public or private educe-
tional and religious insti-
tutions, large group care
facilities, daycare cen-
ters, recreational build=
cgs, boarding, and nur-
sing homes
Freestanding on-prem-.
ises signs
30-20-'10 45 Ft.
N/A
See article VIF of this chapter
N/A N/A/6%
C
. Table 8 footnotes. •
s..,...
- ~ Required.Developed
Lot Size ~ Open Space /Lot
5000 - 6000 Sq. Ft. 200 Sq. Ft.
4000 = 4999 Sq. Ft. ~ 300 Sq. Ft.
3000 - 3999 Sq. Ft. ~ ~ 400 Sq. Ft.
2000 - 2999 Sq. Ft. 500 Sq. Ft.
a. .Minimum size of developed open space: ~ •
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....:-.:.. P.
ter..:
(i) Fqr- multi-.famil r - ~°`develonm ' =--RiI~ - ~~-` ~~ ~'- ~• "`,~ ~ - ~-
..._.:._.._.-..: _. 6_ •r~ _fltS.=~. mmi.urr.::nf•=:;9~~0/=:~,f.:-xk...:F..s..~•::::~_-;_~.
(ii) For townhouse/quadraplex developments: One-half acre for every 80 units or fraction thereof.
b. All required developed open spaces must be operated and maintained by a homeowners association, subject to the
conditions established in sections 106-676 through 106-679,' with all documentation required to be submitted for filing in
conjunction with the final plat. (See also the city development ordinance number 1444, section 4.04 which is on file in the city
secretary's office.)
A minimum landscape setback of 20 feet will be required adjacent to all conservation areas. Buildings, parking areas, and
. refuse containers will not be allowed in such setback area. These areas are to be landscaped with trees, shrubs, and
groundcover, with a planting plan required to be submitted and approved by the enforcement officer.
3.. The minimum setback adjacent to any utility easement located in a rear yard, shall be three feet. No portion of any building
including projections of any nature shall encroach into any utility easement or vertical projection of the easement boundary.
4. Where adjacent structures within the same block have front yard setbacks different from those required, the front yard
minimum setback shall be the average of the adjacent structures. If there is only one adjacent structure, the front yard
minimum setback shall be the average of the required setback and the setback of only one adjacent structure. In no case shall
the minimum front yard setback exceed 30 feet.
5. All side yards adjacent to public R.O.W.'s must be ten feet.
6. to the case of zero lot line housing, the side setback opposite the zero lot line must be ten feet.
7. D.U.A. i§ an abbreviation for dwelling units per acre, or the maximum density permitted.
8.~ All structures except slab on grade, shall be placed on a foundation system described as: An assembly of materials
constructed below or partially below grade, not intended to be removed from its installation site, which is designed to support
the structure and engineered to resist the imposition of external forces as defined by the Standard Building Code, or in the
case of industrial'¢ed housing, the requirements of the TDLS. Such foundation system shall be skirted or enclosed with wood
or masonry to give the appearance of a solid foundation, if one is not provided, compatible with the appearance of adjacent
housing, and subject to the requirements of the Southern Building Code.
9. See artiGe V, division 4 of this chapter for additional requirements. ~ ~ .
'10. No sign shall be located in a sight triangle so as to obstruct traffic visibility at a level helwaan r-,.oo feo+ ~..a ~;,, s,,,...,..
L~XHI~If G
• •
Carport means a roofed structure, .freestanding or attached to another structure designed to
provide covered parking for vehicles. A carport shall have no enclosing walls. A structure shall not be
considered to be a carport unless it is~located directly over a driveway.
Clinic means an institution, public .or private, or a station for the examination and treatment of
patients by an individual or group of doctors, dentists, or other licensed members of a human health care
profession.
Controlled access highway means any thoroughfare which is a high volume freeway (without
signalization on principal lanes) designed for four to eight main lanes and four service lanes with aright-
of-way capacity that allows.two to four additional lanes.
Controlled access highway corridor means a corridor extending 500 feet to either side of the right-
of-way of a controlled access highway as designated on the city's land use map.
Notes:
The definition of Controlled Access• Highway (with some minor rephrasing) was taken from
Volume One, Section 1.3 of the city's comprehensive plan. .
Controlled access highway corridors are established on the city's land use map and
designated by a cross hatched highlight. State Highway 225 and New State Highway 146
are the only thoroughfares within the city presently designated as controlled access
highways.
Interim sign regulations. Signs located within a controlled access highway corridors shall be
limited to a maximum height of 65 feet.
Commercial amusement or recreation means an enterprise whose main purpose is to provide the
general public with en amusing or entertaining activity, where tickets are sold or fees collected at the
gates of the activity. Commercial amusements include zoos, carnivals, expositions, miniature golf
courses, driving ranges, arcades, fairs, exhibitioris, athletic contests, rodeos, tent show, ferris wheels,
children's rides, roller coasters, skating rinks, ice rinks, traveling shows, bowling alleys, pool parlors, and
similar enterprises. ~ .
Commercial motor vehicle means any motor vehicle designed or used for the transportation of
persons or property for hire, with a rated carrying capacity in, excess of one ton, including every vehicle
used for delivery purposes. ~ ~ .
Common property means a parcel or parcels of land, together with the improvements thereon, the
use and enjoyment of which are shared by the owners and occupants of the individual building sites.
Condominium means two or more dwelling units on a lot with individual ownership of a unit rather
than a specific parcel of real property;• together with, common elements. See V.T.C.A., Property Code
81.001 et seq., and the building code adopted in section 82-31. •
c~ - Conservation area means a designation on the land use and zoning maps representing an area
/_ of natural undeveloped land, characterized by scenic attractiveness. When so designed, all conservation
areas require a minimum setback of 20 feet .from the edge of the stream or bayou bank, right-of-way line,
or other natural features.
Convalescent home means any structure used or occupied by three or more persons recovering
from illness or receiving geriatric care for compensation.
~~ ~~1.~
• •
#SE03~-003
SPECIAL EXCEPTION
FOR
941 OAK GROVE AVENUE
DEVIATION OF FRONT YARD REQUIREMENT
EXHIBITS:
APPLICATION FOR SPECIAL EXCEPTION
STAFF REPORT
EXHIBIT A -AREA MAP
EXHIBIT B -SITE PLAN
EXHIBIT C -AERIAL MAP
EXHIBIT D -TABLE B, RESIDENTIAL AREA
REQUIREMENTS; Sect. 106-333
CITY OF LA PORTE
• ZONING AOARD OF ADJUSTI~TENT
SPECIAL EXCEPTION REQUEST SF
--------------------------------------------Application tvo. ~- D
OFFICE. USE_.ONLY: Fee;___ $5_0_.00 Date Received: ~_O~~a-l'~-[~_
Receipt No.. _ ~!/_fA
. NOTE: This Fee is Non-Refundable Regardless of the Board's Decision.
Applicant. t~-~ ~_~11:~.~5__~.bs~'~-•--•---.~!Z.l.~,~__.21'~oS~_. .
Name
Address
I am the owner of~the Herein described property. I have authorized
___._________`__.__.____.__._________. to act on my behalf in this matter.
Owner * . ----•- --------•-•-- -.... __ _._--•-•- - --•-~---•-------_,.__._.
Name
....._-----•-.._.___.--_.__ ~_ ____.__.--------~-•--•---------•-~ PH. -~_._._._
Address
I am requesting a Special Exception to Sect. IOG~-19~J-~2~ of the City
Zoning Ordinance No.~1501. I am requesting this Special Exception for
property located at ___~yl_ ~.K_~LnJ~__._._._ ____ .__~
~~ Address ~ Lega~ Description
( )Site Plan ( ) Minor Development Site Plan
( ) Major Development Site Plan ( ) General Plan
A-Site Plan of the property is attached: Also, I have listed the
information requested below on•the following pages of this form.
a) All facts concerning the matter that.:has led up to this request.
~b) The type of relief I am seeking (setbacks, lot coverage, etc.).
c) The grounds upon which I am making this request. .
# If applicant is NOT the owner, he must provide Authorization to ac.t
on the Owner's behalf.
Date ~ Applicant's Signature
OFFICE USE ONLY
Site Plan and Authorization (if applicable) attached? Yes ( ) No ( )
Date transmitted to the Board of Adjustments: __i __.
Meeting Date: __._._.____.___. Applicant Notified of Date: ___.._.__.....__.._
Board's Decision: Approved ( ) Denied ( )
Notice of Board Decision mailed to Applicant/Owner: __~.......___.__.___._ --
• •
. PAGE
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
adjoin-ing property.
Special except;ions may be granted for the following items only:
(1) The reconstruction of or addition to a building occupied
by a non-conforming use. Additions cannot extend past
the lot occupied by the original structure or -use. The
reconstruction o~r 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 ar•e not.~r~et on abutting pieces of property.
(b) Exception to rear yard setbacks if any four (!F) lcts
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 i.f 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 ari
additional letter or any. information and exhibits you feel the Board
should consider.
FACTS RELEVANT TO THIS MATTER:
( q ~ ~~ p l ~
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PAGE 3
TYPE OF RELIEF BEING SOUGHT:
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THE GROUNDS FOR TEiE REQUEST:
~ .~~ ~ ~on,~_._. ~o_.~~~.~,c~_~_._ r ~.~.~.a~e m e ,,~. f~.__i. ~.- -...._....- --
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•
•
Staff Report ~ July 24, 2003
Special Exception Permit Request #SE 03-003
Requested bv: W. Allen & Ligia Moses (Property Owners)
Requested for: Lot 12 & E. '/z of Lot 11; Oak Grove Block AND
Tract 7; Abst. 35, J. Hunter Survey
Location: 941 Oak Grove Avenue
Zoning:. ~ Low Density Residential (R 1) and Mid Density Residential (R 2)
Background: ~ According to the City's current zoning map approved on March 24, 2003,
the property in question is located within two ~ zoning classifications. The
portion of land located within the Oak Grove Block is zoned as Low Density
Residential (R 1) while the tract located in the J. Hunter Survey is zoned as
Mid Density Residential (R 2). The construction of asingle-family dwelling
. is a "permitted" use in each zone. (See Exhibit A).
The applicant has submitted Special Exception request #SE03-003 that asks
for a reduction in the standard front yard setback requirement in order to
construct ~ a single-family dwelling. Unfortunately, due to the designated
conservation area and a storm sewer and sanitary sewer line that cross the
property, the front yard setback reduction alone would not enable a home to
be built. Staff has prepared an exhibit to identify the various issues. (See
Exhibit B) ~ '.
Therefore, while consideration is given to this request, the Zoning Board of
Adjustment (ZBOA) also needs to note that they are being asked to consider
a second property request (variance) as well. Approval of each request will
. be necessary to make the proposed project "viable".
The abutting lot requirement as referenced in Section 106-191(bx2xa) does
not exist; however, there are two older existing homes within the overall
block. Both homes have a reduced front yard setback Without the benefit
of a property survey for each site, it appears that one of the structures has an
approximate setback of 12' to 17' while the other is between 6'to 9'. (See
Exhibit C)
• •
Board of Adjustment
July 24, 2003 Meeting
#SE 03-003
Page 2 of 3
The standard from yard setback requiremern is 25'. (See Exhibit D).
I3owever, since the application submittal did not include a site plan showing
the location of a proposed home nor did it include a request for "specific"~
from yard deviation, it should be noted that if the applicant's request is
granted, the ZBOA will be determining the deviated or "reduced" from yard
setback they feel is appropriate.
This exception is being requested under the terms of Section 106-
191(bx2xa) of the City's Code of Ordinances.
• To deviate a from yard setback requirement where the actual front yard
setback of any abutting lot does not meet the front yard requirement.
The ~ attached aerial map identifies the location of the property in question
along with two pre-existing nonconforming homes within the same block.
(See Exhibit B).
Analysis: The Code of Ordinances defines a special ,exception as a specified
enumerated deviation from zoning regulations. The Board is empowered to
gram 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 irnerest.
Regarding this request, the relief being sought is similar to the circumstance
covered by the terms of the Special Exception Section.
• Allow construction of asingle-family dwelling with a reduced front yard
setback
The issues to consider are impact on neighboring properly and the best
public irnerest. It does not appear that granting the requested special
exception will adversely impact the adjacern properties nor does it appear
that granting this exception would be contrary to the best public interest.
Board of Adjustment
July 24, 2003 Meeting
#SE 03-003
Page 3 of 3
Conclusion: Although the circumstance noted in this .special exception report. is not
unusual, staff feels the need for a second request (variance) complicates the
matter being considered under Special Exception #SE03-003. .
If the Board grants the Special Exception and/or Variance to the applicatrt,
staff asks that:
• Any, relief granted should not conflict with the maintenance of public
utilities located within the property; and
• Approval be conditional upon the granting of an easement to the city.
ADpCAl3: As per Section 106-196 of the Code of Ordinances of the City of La Porte:
Any person or persons, jourtly 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.
~i
•
EXHIBITS
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eto ~P• SEABREEZE PARK
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N.T.S.
EXHIBIT "A"
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•
. ARTICLE III. DISTRICTS-
• ~ DIVISION 2. RESIDENTIAL DISTRICT REGULATIONS
. - ~ Subdivision 1. Generally,~i'
Sec. 106-333. Table B, residential area requirements.'
(a) Table B, residential area requirements.
Uses
e
Single-family detached
Single-family large lot
Single-family special lot
line, 0`lot line
Duplexes
mingle-family converted
to ,~j~~ti!fartilj
Townhouses,
quadraplexes (10,000 s.f
of site area 100 ft. wide)
Nfult=fartii(
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-
igs, boarding, and nur-
sing homes
Freestanding on-prem-
ises signs
Maximum
Minimum
Lot Minimum ~
~ Minimum
Minimum
Minimum Lot
Coverage /
Area / D. U. Lot
. width Yard
Setbacks
Maximum Site
Area /Unit Development
Open S
ace / Minimum
~ L
d
S.F.
L.F.
L.F. F.R.S.
;7
,
,
410
Height
~ S.F. p
Unit.S.F. an
scaping
Required
,
,
,
t~1ii13:fl:~1'B .~~ iB
6000 ~ 50 25 15-5 35 Ft. 9100 -
40%/NIA
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%/N/A
7300 # 1
6.0
6000 60 ~ ~5~=2E~;'~2D 45 Ft. DU/A Footnote 60%/N/A
8.0 # 1
6000 50 ~ - ,20-10-5 35 Ft. DU/A N/A ~ 50%/N/A
N/A
2000 20 2~-2p~=20 45 Ft. 4400 Footnote 75%/25:x;
. DU/A # 1
10.0
20000 100 25-20-20 45 Ft. 1600 ~ ~
X96 ~ o o
60 /o~5t
7`4
~a;:l
: Footnote
,
.
;D:ll~
# 1
4500 40 20-10-5 25 Ft. 7300 Footnote 60%/6°/B
6.0 # 1
DU/A
100 of front
road frontage N/A ~ N/A N/A ~ ~N/A N/A/N/A
25-20-10 25 Ft. N/A
30-20-10 45 Ft. N/A
See article VII of this chapter
N/A .N/A/6%
N/A N/A/6°/B
~,.
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