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Home My WebLink About12-04-2003 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment• • i Minutes . of the - Meeting ZONING BOARD OF ADJUSTMENT MINUTES OF DECEMBER 4, 2003 Membere Present: Chairperson Sidney Grant, Bob Capen, Rod Rothermel, George Maltsberger, Charles Schoppe, Alternate No. 1 Barbara Norwine, Alternate No. 2 Bernard Legrand Members Absent: City Staff Present Planning Coordinator Masood , Malik, City Prosecutor Clark Askins, Planning Secretary Peggy Lee 1. CALL TO ORDER. Meeting called to order by Chairperson Grant at 6:00 P.M. 2. ADMINISTER OATHS OF OFFICE TO RE -APPOINTED MEMBERS, ROD ROTHERMEL, BOB CAPEN, SIDNEY GRANT, GEORGE MALTSBERGER AND CHARLES SCHOPPE. Clark Askins administered the Oath of Office to the re -appointed members. 3.. ADMINISTER OATHS OF OFFICE TO NEWLY APPOINTED MEMBERS, BARBARA NORWI.NE, ALTERNATE #1 AND BERNARD LEGRAND, ALTERNATE #2. Mr. Askins administered the Oath of Office to the newly appointed members. Chairperson Grant welcomed the new members and encouraged their participation in discussions, however, noted they would only be eligible to vote in the event one of the five regular members is absent -at which time Alternate 1 would become the first alternate member eligible, to vote. 4. APPROVE MINUTES OF THE AUGUST 28, 2003, MEETING. Minutes were*approved as presented. 5. CONSIDER VARIANCE REQUEST #V03-004 FOR ENLARGEMENT OF A RESIDENTIAL GARAGE THAT WOULD OCCUPY MORE THAN 25 PERCENT OF THE REAR YARD IN ACCORDANCE WITH SECTION 106192(b)(2) OF THE CODE OF ORDINANCES. A. STAFF PRESENTATION Planning Coordinator, Masood Malik, presented staffs report and answered questions . from the Board. The applicant, James Liles, has " requested approval to enlarge his existing garage for additional storage area at his home at 402 S. a St. The home and garage are considered pre-existing, nonconforming structures. The proposed garage addition would be located 4.9' off the rear property line; the required minimum setback is 3', and 12' off the West C St. right-of-way instead of the required minimum 10' setback. Staff recommended denial of the request. B. PROPONENTS Chairperson Grant swore in James Wesley Liles, Sr., of 402 S. 51' St. 'Mr Liles explained the difficulty in trying to abide by City regulations when dealing with a nonconforming structure. A Zoning Board of Adjustment* Minutes of December 4, 2003 Page 2 C. -OPPONENTS None. Motion by Rod Rothermel to approve Variance Request #V03-004 to allow a 6' X 17' addition to an existing garage building to be located 47 off the rear property line and 12' off the West C St. Right-4--Way. Second by Bob Capen. The motion carved. Ayes: Rothermel, Capen, Schoppe, Maltsberger, and Grant Nays: None Abstain: None 6. CONSIDER VARIANCE REQUEST #V03-005 TO CONSTRUCT A LARGE LOT RESIDENTIAL ACCESSORY BUILDING THAT EXCEEDS THE MAXIMUM 2,000 SQUARE FEET OF FLOOR AREA IN ACCORDANCE WITH SECTION 106-192(b)(2) OF THE CODE OF ORDINANCES. A. STAFF PRESENTATION Mr. Malik presented staffs report and answered questions from the Board. The applicant, Scott Rodriguez, has requested a variance to construct a 6,000 sq. ft large lot residential accessory structure that is in excess of 2,000 sq. ft., the maximum allowed for accessory buildings in single-family residential large lots. B. PROPONENTS Chairperson Grant swore in Scott Rodriguez, of 15727 Parksley Dr., Houston, Texas. Mr. Rodriguez described his plans for the property. He intends to live on. the property and needs the 6,000 sq. ft. building to store his extensive car collection, boats, and motorcycles. There will be no commercial painting or bodywork performed in the building. The building will be out of sight and no additional noise will be created. C. OPPONENTS Chairperson Grant swore in Jim Zoller, of 907. Hackberry. Mr. Zoller opposes granting the variance, not for aesthetic reasons, but because. there are certain conditions that must be met before the Board can grant a variance. Mr. Zoller does not believe those conditions have been met in this case. For clarification, Mr. Askins- noted the definition of a residential large lot is a home site for a single-family home that is comprised of at least one acre.. Mr. Askins stated it was his opinion that the restriction contained in Code of Ordinances Section 106-741(e)(2) applies to ' this property, since it is comprised of at least one acre. Motion by Bob Capen to approve Variance Request #V03-005, to allow construction of an accessory structure in excess of 2,000 square feet of floor area. Second by Rod Rothermel. The motion carried. Ayes: Capen, Rothermel, Schoppe, Maltsberger, and Grant Nays: None Abstain: None 7. CONSIDER SPECIAL EXCEPTION REQUEST #SE03-007 TO REDUCE THE YARD REQUIREMENT ON A CORNER LOT IN ACCORDANCE WITH SECTION 106-191(b)(2)(c) OF THE CODE OF ORDINANCES. A. STAFF PRESENTATION Zoning Board of Adjustment* Minutes of December 4, 2003 Page 3 . Mr. Malik presented staffs report and answered questions from the Board. The applicant, - Mariana Rea, has requested a 4' exception to the 10' side yard setback requirement on a comer lot at 238 S. Holmes St B. PROPONENTS None. C. OPPONENTS Chairperson Grant swore in Jo Wright, of 221' S. Homes. Ms. Wright wanted clarification as to why it is considered a comer lot. Mr. Malik stated it is comer lots 21 & 22 of block 72. Motion by Bob Capen to approve Special Exception #SE03-007; to allow construction of a home with a four -foot (4) exception to the ten -foot (10) side yard setback requirement on a comer lot. Second by Charles Schoppe. The motion carried. Ayes: Capes, Schoppe, Rothermel, Maltsberger, and Grant Nays: None Abstain: None 8. STAFF REPORTS None. 9. ADJOURN Chairperson Grant adjourned the meeting at 7:00 P.M. Sub by,' Peggy Planning Secretary Approved on this day of .2004. Sid4yv;cat Chairpe oning Board of Adjustment A #SE04-002 SPECIAL EXCEPTION FOR 429 NORTH 1ST STREET YARD EXCEPTION ON CORNER LOT EXHIBITS: APPLICATION FOR SPECIAL EXCEPTION STAFF REPORT EXHIBIT A - AREA MAP EXHIBIT B - SURVEY/SITE PLAN ..EXHIBIT C - SECT. 106-333, TABLE B, RESIDENTIAL AREA REQUIREMENTS, FOOTNOTE #5 OF THE CITY'S CODE OF ORDINANCES CITY OF LA PORTE ZOPSG BOARD OF ADJUSTME4 SPECIAL EXCEPTION REQUEST Application No.: 00,2 OFFICE USE ONLY: Fee: $150.00 Date Received: Receipt No.: Note: This Fee is Non -Refundable Regardless of the Board's Decision Applicant: Name � dress I am the owner of the herein described property. I have authorized to act on my behalf in this matter. . PH: Owner*: Powa it-m Vm! r� s --r-dy �. ` Nam d) --/V -7 9EA PH: Address I am requesting a Special Exception to Sect. of the City Zoning regulations Chapter. 106 of the Code of Ordinance. I am requesting this Special Exception for property located at Street Address e� /A-s w 1. 3 Z. - 510� �(o i S a J- e—A- T eRTC- 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 must provide Authorization to Wd I on the Owner's behalf. 0 Office Use Oily 1 / Site Plan and Authorization (if applicable) attached? Yes () No () . Date transmitted to the Board of Adjustments: Meeting Date: Board's Decision: Approved () Applicant Notified of Date: Denied () Notice of Boards Decision mailed to Applicant/Owner: Staff Report January 22, 2004 Special Exception Request #SE04-002 Requested bv: Bayou Housing Partners, Inc. Requested for: Side yard requirement on a corner lot Location: 429 N. Ist Street - Lots 31 & 32, Block 86, La Porte, Harris County Texas Zoning: Residential- 1(R-1) Background: The City of La Porte accepted a 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 are to.be located on 330 N. 5" & 323 N. 7h Streets respectively. The remaining nine lots will be located at N. 1 sr and N. T* Street. To develop in the Northside and meet the City's minimum 50' lot width requirement, two 25x ' 125' lots are .needed. All sites meet these requirements; however, the corner lots on N. 1 st and. W. Madison Streets cannot meet the required 10' side lot setback when adjacent to the public. right -of -way. The plan is to build a 1440 sq. & with a width of approximately 40'. (Ex)ibit B) After the required 5' setback is . added to the south side of the property; the 10' side setback requirement at W. Madison Street cannot be met. Therefore, the developer. is requesting a. 5' Special Exception to the side yard requirement on a corner lot. Ajialnb - 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 thefollowing. ❖ 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. 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 Neighborhood, the City committed to increase the number and quality of housing. The original Town Board of Adjustment January 22, 2004 #SE 04-002 Page 2 of La Porte including the Northside Neighborhood was platted as 25' x 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 I" and W. Madison are collector streets in a residential neighborhood. These streets typically are not heavily traveled. Currently, there is no development around or nearby this property. To the north, there - is an undeveloped Block 107. with portion of N. 2"4 Street (unimproved right-of- way). To the south, the whole Block 86 is undeveloped except a house at the northeast comer of N. 2nd and W. Tyler Street. In addition, there is undeveloped land to the east and west of the subject property. Allowing an exception to the side set back would not create a visual obstacle for motorists. Furthermore, an existing right-of-way shall be preserved. Conclusion: Staff believes the request for a 5' yard exception on the comer 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 addition, granting the request would not be contrary to the goals and intents of the Comprehensive Plan's redevelopment strategy. -. 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 qfflcer, 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 Code Section 211.011, duly verified, setting forth that such decision is illegal, in whole or in part, specifidng the grounds of the illegality. Such petition shall be presented to the court within ten days after the filing of the decision in the ofJ"ice of the Board ofAdjustment. • 0 EXHIBITS y�lj IV$ .. T =L+,:. i a,�t-. •+n.-. 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T4r ^��^1 � 1 ~• t" ■. ��-•-)'lt �{ ♦..'"r--.X. - c� f � � p 1 ,•-, \'Y f''^;.p x " .ems r I r �✓ A"- 0 4�a ltit aN ?�' i k �� t� ,�� ;♦� .l� 1, 5— r•�. ..., r,c [��/[� i_ �r �S.`C.,r~-}ti .,��•_ '�, its�p, n' l L. ��/�r��: 1, Z r.': + . - ^� S '� ��j�- 1♦ __ - � 4 th ytjtl ,� ly�yC\fit �P'�_ r '♦�' 1} r.-��,� f �{ iT , �+S-T. r � 5 ��` � � t i� .+' 1--•.� r, 4� ,, � ��7 9 5 F YI` ',i t �� = "�4 's-' � ii � 1>>t psi LOT 3 T I LOT 2 I LOT I I � 16 ALLEY 15' B.L As PER CITY ORDINANCE (DIV1.1-ING ONLY) I I - W 5' B.L AS PER CITY ORDIANCE (3' S.L. FOR I ui DETACHFfl c,ARA 'LOT 31 I LOT 32 I � Cd o BLOCK �o 39 93'' ui ^ 8 6 ry I tY LOT 30 w � PR House n Q w n SPEC 440 I 25' B.L. 5.0 I .07 14.0 21.09 ui • I . 1 n I tiRDlh" l* - S O U T H 50.00' NORTH 1ST STREET (60' R.O.W.) amX;GT TO THE ZONING ORDINANCES NOW IN FORGE SU&W TO TWO, CONDITIONS MID STIPLLATIONS OF THE LA PORTE AREA WAIR IN THE CITY OF L& PQMi TEXAS. AUTHORITY. CREATED BY ORDINANCE. NO. 1295 HAS PER H.C.C.F NO. LB26773 NORE: THIS DRAWING IS THE PROPERTY OF CHARLES L BATES E ASSOC.IATES AND SHALL NOT -BASIS FOR BEARINGS: ASSUMED AS PLATTED BE US® FOR ANY PURPOSE WITHOUT THE WRITTEN CONSENT OF AN AUTHORIZED AGENT :DISTANCES FOR SHOWN ARE GROUND DISTANCES OF 04NO-ES E. SATES 4 ASSOC. CHAMM E. BATES 4 ASSOC. ACCEPTS ND -ALL ABSTRACTING DONE R TITLE COMPANY RESPOISISILITY FOR THE USE OF THIS DRAWING FOR ANY PURPOSE AFTER 51X (6) MONTHS FROM THE DATE INDICATED ON THIS DRAWING. LEGEND: U.E. -UTILITY EASEMENT ACCORDING TO FLOOD INSURANCE RATE MAP 4 8 2 0 1 C 0 9 4 5 J A.E. - LINOBSTRUGTID AERIAL EASEMENT DATED I I -6- 96 THIS TRACT HEREBY SURVEYED LIES WITHIN ZONE B.L. - BUILDING LINE • "X" AND IS NOT IN THE 100 YEAR FLOOD PLAIN. T H I S G.I.R. - CAPPED IRON ROD STATBAENT 15 BASED ON SCALING THE LOCATION OF SAID SURVEY ON W.L. AS PER RECORDED PLAT OF SUBDIVISION) THE ABOVE REFERENCED MAP AND IS FOR FLOOD INSURANCE RATES -- ...�� .� �. .. .. ...� ..�� ...w..�� .Ir\.�,A/ ,.l�r,►.,I• !1 /1M,\Ir rI11/11 TI/1\IG t1� Z rn ra• � 2. 3. 4. 7. 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 10"79, 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. 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. 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. All side yards -adjacent to public R.Q.W.'s must be ten feet. In the case of zero lot line housing, the side setback opposite the zerolot line .must be ten feet. D.U.A. is 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: Ari 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 reeist the imposition of external forces as defined by the Standard Building Code,. or in the case of industrialized 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 article 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 between three feet and six feet as measured above adjacent road grade. , Cross references —Contents of mobile home park plans, $ 98=92; minimum area requirements for mobile home parks, § 98-95; location of mobile homes with respect to property lines -and public streets, .§ 98-99. • N O z 0 LI 0 w CO 02 #SE04=003 SPECIAL EXCEPTION FOR 401 NORTH 1ST STREET YARD EXCEPTION ON CORNER LOT EXHIBITS: APPLICATION FOR SPECIAL EXCEPTION STAFF REPORT EXHIBIT A - AREA MAP EXHIBIT B - SURVEY/SITE PLAN EXHIBIT C - SECT. 106-333, TABLE B. RESIDENTIALAREA REQUIREMENTS, FOOTNOTE #5 OF. THE CITY'S CODE OF ORDINANCES . . CITY OF LA PORTS ZOOG BOARD OF ADNSTMEP• SPECIAL EXCEPTION REQUEST Application No.: 00 3 OFFICE USE ONLY: Fee: $150.00 Date Received: ! - S -oil Receipt No.: Note: This Feels Non -Refundable Regardless of the Board's Decision Applicant: /9 `fury #?V51 A✓.G tOAA rxf c-Y2 S Name �U QO x 95T J-�Z. .79 6 2G. PH:-�I 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'Eaception to Sect: of the City Zoning regulations Chapter 106 of the Code of Ordinance. I am requesting this Special. Exception for property located at J ill/ S. f Street Address k 4- (-7,WZ W 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 must provide Authorizatio o act on the Owner's behalf. Office Site Plan and Authorization (if applicable) attached? Yes () No () Date transmitted to the Board of Adjustments: Meeting Date: Applicant Notified of Date: Board's Decision: Approved () - Denied () Notice of Boards Decision mailed .to Applicant/Owner: • • Staff Report January 22, 2004 Special Exception Request #SE04-003 Requested bv: Bayou Housing Partners, Inc. Requested for: Side yard requirement on a corner lot Location:' 401 N.1 " Street - Lots 17 & 18, Block 86, La Porte, Harris County Texas Zoning: . Residential-1 (R 1) Background:. The City of La Porte accepted a grant from the U. S. 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. Earlier, the City started the construction of two homes; first house will be located at 330- N. 5h. & second house at 323 N. 7�` Streets respectively. The remaining nine lots will be located at N. 1s` and N. I& Street in the Northside Neighborhood. To develop in the Northside and meet the City's minimum 50' lot width requirement, two 25' x 125' lots are needed. All sites meet these requirements; however, the comer lots on N. 1 st and W. Tyler Streets cannot meet the required 10' side lot setback when adjacent to the public right -of — way. The plan is to build a 1440 sq. & with a width of approximately 40'. (Exhibit B) After the required 5'. setback is added to the north side of the property, the 10' side setback requirement at W. Tyler Street. cannot be met. Therefore, the developer is requesting a 5' Special Exception to the side yard requirement on a corner lot adjacent to public right-of-way. 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: ❖ Grantingthe exception will not adversely affect 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 Neighborhood, the City committed to increase the number and quality of housing. The original Town . Board of Adjustment January 22, 2004 #SE 04-003 Page 2 of La Porte including the Northside Neighborhood was platted as 25' x 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 1" and W. Tyler are collector streets (60' ROW) in a residential neighborhood. These streets typically are not heavily traveled. In addition, the whole Block 86 is undeveloped except one house along N. 2°d Street at W. Tyler Street. There is a house to the south of the subject property across the street along N. 1st Street. The property shall not: be affected by this change. The overall impact of this proposed change would be minimal: Allowing an exception to the side set back would not create a visual obstacle for motorists and circulation will not be affected. Conclusion: Staff believes the request for a 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 addition, granting the request would not be contrary to the goals and intents of the Comprehensive Plan's redevelopment strategy. Appeals: Asper 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 spec jdng 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 ofthe Board ofAdjustment. • • EXHIBITS t od it l•..y..,-, ^. .t{L w f �. 1' �.',• M Y� r�7t 7 1 r -1-� i I�j 't t✓ i � �y 'y, S .., ' . ?^ i�r l � r� F I 1 WEST "^E" STREET':; ..v'� J �: t i-'''`^y c,'t • f,�, '� S'_ ! > it o...t y� ��}1 ) d P; i .,, r\ � _r '1., .f �- Y� •'.-t 1 f ,RS .r51 f R,Y {� .n' �''Z. � }�'";' � T .i `. •�,.+. '�'�' t i '- � iL.is. -,1 79.=�t "'.-' k sn ` �r �` h`<d Yam.. •'�) 7 '�7 r 7 S L-��`�v 'r ' ow �( .,1 +111�' �� t0 �";^1'i'y�: � j;�rY ), , •Y t ;.F� �t.�Y 1'_ :` tt 1•• �� I� �4) _." I. ..Y.+.; . •' _ ' kff--i?•. � * i � t �r,�-ice, � f i� _. r a � � ' Y � `•1. JL! (S+ " � 1., 1 {' r— � I i r � C� h `t�tia--a�- •.`"'''` r L,� �r;-a�I '—� •�� 5 s rt,,f fir. f r: ,^,� s� .� 1i � ) (1 '�`. �) ' .c� ,3k""' .� '� ,L ` }�.,,,�''�'�,y i � .ry . y7 A ' . � r i i a, . t ■ ` V� rj,J 3 � �S-� �.k t�`�Er,j ..T..._ ( �:� r' id. �•. .� r✓ .. < F r � a�!( (� oftg- Q �CIV - i�. �' •i4 f / -�'tt I� �.r �• a a it r,. l I� it • f .' .;.dun Gi. !r M112 -1I I ILOT 16 I LOT 15 16' ALLEY FND 1/2" I.R. NORTH 50.00' I 1 10' B.L. AS PER 1 CITY ORDINANCE 1 (3' B.L. FOR M DETACHED GARAGE) �O W LOT 17 i LOT 18 W I o u') 39193' 1d) cv 1 ' cv LU }-- CY cn a, HOUSE a, _ LLI n SPEC 1440 4 :t: v LL) 1 .75' N .o W •0 14.09 M 21.09 1 o 1 LOT 14 FWD 1/2"I.R. 15' B.L. AS PER CITY ORDINANCE (DNIFI.LING ONLY) 5' B.L. AS PER CITY ORDINANCE • (3' B.L. FOR DETACHED GARAGE) 5LOGK 86 LOT 19 TOTAL LOT SIZE _ W S O V�Ag. SOT COVERAGE D COVERAGEG BUILDABLE AREA =- P.O.B. `�4 5 0 U T H 50.00' r `-- FND 1/211I.R. FND 1/2" I.R. NORTH 1ST STREET (60' .R.D.W.) StJ&= TO THE ZONING ORDINANCES NON IN FORCE SUBJECT TO TERMS, CONDITIONS AND STIPULATIONS OF THE LA PORTS AREA WATER IN THE CITY OF LA PIORTE, TEXAS. AUTHORITY. CREATED BY ORDINANCE NO. 1295 HAS PER H.C.C.F NO. L626773 NOTE: -BASIS FOR BEARINGS: ASSUMED AS PLATTED THIS ORANIING IS THE PROPERTY OF CHAR1i5 E. BATES d ASSOCIATES AID SHALL NOT 1 FOR ANY PIJRP09E N11HOUf THE NRITTEN CONSENT OF AN AUT140RIZED Af#]J7 -DISTANCES SHOWN ARE GROUND DISTANCES OF CHARLES L BATES t AS.OES C. CANARIE. BATES ! ASSOC. ACCEPTS NO -ALL ABSTRACTING DONE BY TITLE. COMPANY THESE OF THISDRMIW FCR ANY PIS AFTER 51X.16) MONTHS FROM THlblUATTY IM THIS G. LEGEND: U.E. - UTILITY EASEMENT • ACCORDING TO FLOOD INSURANCE RATE MAP 4 8 2 0 1 C 0 9 4 5 J A.FD E. - LAIOESTRUCTAERIAL EASEMENT DATED 11-6-96 THIS TRACT HEREBY SURVEYED LIES WITHIN ZONE B.L. - BUILDING LINE "X" AND IS NOT IN THE 100 YEAR FLOOD PLAIN. THIS C.I.R. - - CAPPED IRON ROD STATEMENT 15 BASED ON SCALING THE LOCATION OF SAID SURVEY ON (ALL AS PER RECORDED FLAT OF S WIVISION) THE ABOVE REFERENCED MAP AND IS FOR FLOOD INSURANCE RATES —ri'— "OOD FENCE ONLY AND NOT INTENDED TO IDENTIFY SPECIFIC FLOODING CONDITIONS. I Wx WhorF - R/F: cn z rn LENDER: SOUTHWEST BANK OF. TEXAS 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.) 2. 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 the front minimum setback shall be the average of the adjacent structures. If there is only one adjacent structure, 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. G 6. All side yards adjacent to public R.Q.W.'s must be ten feet. .. 0 � CD .6. ••T..ww�.�.-w-...-w.-..w.�.. www..w.-r..v...-ww•v'.r.r.r .. .:y��.i'f^. vJ In the case of zero lot line housing, the side setback opposite the zero lot line must be ten feet. 7. D.U.A. is 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 industrialized 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 article 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 between three feet and six feet as • measured above. adjacent road grade. ; Cross references —Contents of mobile home park plans, $ 98-92; minimum area requirements for mobile home parka, $ 98-95; location of mobile homes with respect to property lines and public streets, $ 98-99. • N 0 • A Meeting of the La Porte Zoning Board of Adjustment (Type ofMeedng) RECEIVED Scheduled for JAN 14 200� January 22, 2004 (Date of Meeting) to Consider Special Exception #SE 04-003 (type of Request) I have rec ` once of the above referenced public hearing. I am in FAVOR f granting this request for the following reasons: I am OPPOSED to graating this request for the following reasons: r Address City, State, Zip 9. 0 A Meeting of the La Porte zoning'soard of Adjustment (Type of Meeting) Scheduled for January 22, 2004 (Date of Meeting) - to Consider Special Exception #SE 04-003 (Type of Request) I have received notice of the above referenced public hearing. Q:amilnFAVOR granting this request for the following reasons: .�' O&AXI d*%S' `% �)x 14, cy2NmE2 P/C kzr/to I am OPPOSED to granting this request for the following reasons: ola ; 6P 5"S Z N (please print) Address z s-0 signature City, state, Zip RECEIVED JAN 16 2003 PLANNING DEPT. A Meeting of the La Porte Zoning Board of Adjustment (Type of Meeting) Scheduled for January 22, 2004 (Date of Meeting) to Consider Special Exception #SE 04-003 (Type of Request) I have received notice of the above referenced public hearing. I am in FAVOR of granting this request for the following reasons: I am OPPOSED to granting this request forthe following reasons: Ve Ire Name (please print) T� Signatur 1��TOW 1 Il I JAN 16. ZN4 l YJ 5-t Address )-,/- `� S If City, State, . #SE04-004 SPECIAL EXCEPTION FOR 327 NORTH 7TH STREET YARD EXCEPTION ON CORNER LOT EXHIBITS: .. APPLICATION FOR SPECIAL EXCEPTION STAFF REPORT EXHIBIT A - AREA MAP EXHIBIT B - SURVEY/SITE PLAN EXHIBIT C - SECT. 106-333, TABLE B, RESIDENTIAL AREA REQUIREMENTS, FOOTNOTE #5 OF THE CITY' S CODE OF ORDINANCES CITY OF LA PORTS ZOOG BOARD OF ADJUSTME4 SPECIAL EXCEPTION REQUEST Application No.i d Ll - DD 4 OFFICE USE ONLY: Fee: $150.00 Date Received: Receipt No.: Note: This Fee is Non -Refundable Regardless of the Board's Decision Applicant: .d 4tfU 9-4m/s t , cUd r pa &It i Name AD. 9Y'5- /V?/Cwd5&,rmm Tit_ 7SyS PA: yS- o?Yo25 Address I am the owner of the herein described* property. I have authorized to act on my behalf in this matter. Owner*: Name Address PA: I am requesting a Special Exception to Sect. of the City Zoning regulations Chapter 106 of the Code of Ordinance. I am requesting this Special Exception for property located at Street Address L D TS 3/ 9'-?.2 /.DJ- /c 2 9 raww aa:- J. 4 0.V re Legal Description (4otite 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/act on the Owner's behalf. Office Site Plan and Authorization (if applicable) attached? Yes () No ( ) Date transmitted to the Board of Adjustments: Meeting Date: Applicant Notified of Date: Board's Decision: Approved () . Denied () Notice of Boards Decision mailed to Applicant/Owner: • Staff Report January 22, 2004 Special Exception Request #SE04-004 Requested by: Bayou Housing Partners, Inc. Requested for. Side yard requirement on a comer lot Location: 327 N. 71 Street - Lots 31 & 32, Block 77, La Porte, Harris County Texas Zonin : Residential-1 (R 1) Background: The City of La Porte accepted a grant from the U. S. 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. Earlier, the City started the construction of two homes; first house will be located at-330 N. 5" & second house at 323 N. 7'h Streets respectively. The remainingnine lots will be located at N. 1s` and N. 7s' Street in the Northside Neighborhood - To meet the City's minimum 50' lot width requirement, two 25' x 125' lots are needed in the old Town of La Porte. All selected sites meet these requirements; however, the corner lots on N. 7a' and W. Tyler Streets cannot meet the required 10' side lot setback when adjacent to the public right -of — way. The plan is to build a 1309 sq. ft. with a width of approximately 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. Therefore, the developer is requesting a 5' Special Exception to the side yard requirement on a corner lot adjacent to public right-of-way. 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. 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 Neighborhood, . the City committed to increase the number and quality of housing. The original Town Board of Adjustment January 22, 2004 #SE 04-004 Page 2 of La Porte including the Northside Neighborhood was platted as 257 x 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 71h and W, Tyler are collector streets (60' ROW) in a residential neighborhood. These streets typically are not heavily traveled. One of the house under the City's Eleven Home Program is under construction just south of this property. There are existing houses to the north, east, and west of the subject property across the streets. These properties will not be affected by this proposed change. The existing right-of-way of the streets shall be preserved. Access and circulation throughout the neighborhood will not be affected. Allowing an exception to the side set back would not create a visual obstacle for motorists. Conclusion: Staff believes the request for a 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 addition, granting the request would not be contrary to the goals and intents of the Comprehensive Plan's. redevelopment strategy. Appeals: Asper Section 106196 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 A#ustment, 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 Y. 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 ofAdjustment. EXHIBITS fit. t �a � �. �•r ` C « R r } I. F t � r 1LIU t rr y. t • ii t � �� a - nL 1� J �� t �. � � •• 1 v i r I -- + x Wy EST F` _STREET-- .� '-� s b t 1 '��'' �, : { `' '� �•'��/c � �' I ' ,;;, i as ' ;� s 'f.•'r. c, ( - R A ,y A}s,l .t•irc r. '� a � r•t,��i ! !.j f�l� 4 ;l ti'-"y,;,-� `n 11i e 3 r. .+. �i 17 ' � 3 .A + �. �_ 4 '+.•S _ Tt• � µ �' �ha �/j , its--.�•:.- � y A�F�' r�,. �' t t.. ' I,� ,'„ 1. f h� �. _•,� 1 __rUl/ E M ' T7vrZ- I.'Q�f N -•--t�, 4�+ *-�—'x,T ' h� $�f�/-�.� i,�� + f fi c .. l,J 4-7 (yy �✓ ir`I �S �ltl�`t k 5��' + `��'' • { i�MIlll r 5 �. if `) Gat F_ c i l a " r.r ,. } +.yam •S - -` �4 1 i t 41 ...,e. �•k - Stt t, � � .�, < 7f w+ •v" i ...s'^r .,,�� '-r' `-�'; __-' —�l c: `.« ram- �'Ji-Kj t ;?f , .�- _' L•,E ••—•, T:. 7, .. kr� '"'-� .. -. tit i.r -•�� r A...-../' � � ��• 5 s,�.4 - ^ �. ��it�,(.��> `"LiI�.'� '��,�f\.--�W-` x`� �''r� ++(�i'��"'".•---+''��x ,� *+.P ``� r�"x ,'�.' i`t(—`-+�"� i+i, �r � L-S'.�� Yt r�l*i' l� 7> �® - . �-� �'�'� � �,,>z• � '-�v � �� Y u �. ® �,�,/�� :• , (h 4' � _^{+'�� a �-,-a�,�, �"-�� ,;'t� i r *I , �'C-� y .� � r' ,�,� .:.{ _ �F r" `� C r�r:.�+.., �t.a`-� `,, s.,,.. , �'`�it� � J. � 'ti, �•^��. P.>''r tx .I �a .' 4 �{`��j � tr q�, c�r`7`��J' I��t^G �nJ^+ ll clOR- 71` � 1 ; �rG.. �` fj �-�.L �L r. � �� r,�, fit'` I. �r'"�i �'; ,fin. �,l aµ�� :- _ � 7 a,'`,• .{ `:.I�� 'i'. f +rick, Y4�a' .".,.' .ass - �'" j l�. Stx,` it `'�'•h't V'I SS.. ,)f"''v, _c3...=. +LIM i c"•i•- LEGEND I.-�,�• s' .L►::.✓F`' ,_ :�a+d•° E 2 1C t M i LOT A LOT 2 LOT . I I I 16' ALLEY FND 1/2" G.I.R. /' SET 1/2" G.I.R. Z 0 -r u an nn1 ! 21.001 EOA. 5' B.L. AS PER - CITY ORDNANCE (V B.L. FOR DETACHED G WAGB) BLOCK . 7 7 LOT 30 0 0 ui N I 15' CITY O.L6INANCE BAS PSt OVEL .IOG ONLY) - I . I LOT 31 I LOT 32 I .I I LLL I PROPOSEb HOUSE SPEC 1309 v PROPOSED SLAB WILL BE IS," ABOVE CROWN OF` STREET .I . 25' B.L. � Ls FND 1 /2" G.1. R. o� �o 0 n 3118 JECT TD THE TONING OIDINANOI3 NON IN fma IN THE CITY OF LA PDR'18.NOTES- TEXAS. -BASIS FOR BEARINGS: ASSUMED AS PLATTED -DISTANCES SHONIN ARE GROUW DISTANCES -ALL ABSTRACTING DONE BY TITLE COMPANY LEGEND: U.E. - UTILITY EASEMENT A.E. - UNOB5TRLJCTW AERIAL EASEMENT B.L. -BUILDING LINE G.I.R. C.A93 D IRON ROD CA.L. AS PER WZORDED FLAT OF SU6DIVISIONI) 1 INN' OR%" 5 0 U T H 50.00 0 0 N i+ �O ILu I•i v �-- FND 5/8" C.1.R. (BENT) 20.60' EOA o . h NORTH 7TH STREET ibo a.o.wa THIS DRMING M THE FROPEM OF CHAIRM L BATES < ASKC,IA7E5 AND SHALL NOT Be USED FOR ANY PU M WITHOUT THE ITRITTEN CONSENC OF AN AUTIMM AWCT OF CK#A S L BATES 't ASSOCIATES. CHARIiS E BATES ! ASSOCIATES ACCEPTS NO RESMMILITY FOR Tiff USE OF THIS DRANING FOR ANY PINFM W= SIX MONTHS I%= TIE DATE INDICATED ON THIS DRMNNG. ACCORDING TO FLOOD I NSURANCE RATE MAP 4 8 2 0 1 G 0 9 4 5 J DATED II-6-96 THIS TRACT HEREBY SURVEYED LIES WITHIN ZONE ' X- AND IS NOT IN THE 100 YEAR FLOOD PLA I-N . TH I S STATEMt)IT 15 BASED ON SCALING THE L.00.AT16N OF SAID SURVEY ON THE ABOVE iNCFD MAP AND 15 FOR FLOOD INSURANCE RATES ONLY AND NOT INTENDED TO IDENTIFY SPECIFIC FLOODING CONDITIONS. s s ' LENDER: 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.) 2. 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. C 5. • All side yards adjacent to public R.Q.W.'s must be ten feet. N CDP 4; 6. In the case of zero lot line housing, the side setback opposite the zero lot line must be ten feet. Z z 7. D.U.A. is 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 industrialized 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 article V, division 4 of this chapter for additional requirements. 10. T No sign shall be located in a sight triangle so as to obstruct traffic visibility at a level between three feet and six feet as measured above adjacent road grade. Cross references ---Contents of mobile home park plans, § 98-92; minimum area requirements for mobile home parks, § 98-95; location of mobile homes with respect to. property lines and public streets, § 98-99. � c 0 w CO ca #VO4-001 VARIANCE FOR 941 OAK.GROVE AVENUE REDUCTION IN. THE REAR YARD, SIDE YARD AND THE STANDARD DESIGNATED CONSERVATION AREA REQUIREMENTS. EXHIBITS: APPLICATION FOR VARIANCE STAFF REPORT EXHIBIT A - AREA/ZONING MAP EXHIBIT B - SURVEY/SITE PLAN EXHIBIT .0 - SECT. 106-333, TABLE B, RESIDENTIAL AREA REQUIREMENTS, FOOTNOTE #2 OF THE CITY' S CODE OF ORDINANCES EXHIBIT D -SECT. 106-1, DEFINITIONS (CONSERVATION AREA), OF THE CITY' S CODE OF ORDINANCES ZOACITY OF LA PORTS G BOARD OF ADNSTMENO VARIANCE REQUEST Application No.: - OFFICE USE ONLY:" Fee: $150.00 Date Received: ! • 2 - c� �l Receipt No.: Note: This Fee is Non -Refundable Regardless of the Board's Decision Applicant: aAme ✓1 x%S -0-5 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 I am requesting a variance to Sect. VJ -/ 2- of the City Zoning regulations Chapter 106 of the Code of Ordinance. I am requesting this variance for property located at �i� oS' e 4-• Street Address %z. o i as✓e �c5 SJY:: r fir k- 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 must provide Authorization to act on the Owner's behalf. bate Applicant's Signature Office Use OVNo Site Plan and Authorization (if applicable) attached? Yes (' Date transmitted to the Board of Adjustments: — , ' 0 `7' Meeting Date: ()I-' a a - a Al Applicant Notified of Date: y Notice to surrounding property owners- Date: Board's Decision: Approved () Denied () Notice of Boards. Decision mailed.to Applicant/Owner: • . • 2 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 in 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 in 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: eS5 a1 WC ri0c' QA te-CocJcd SALtS. /,'nos cin 4oj<-z1V T Thel Gee C4US:116' cn [ust a!aGSSti/:j Y1�ic�Sh�A iof G iaose- 4O ► e-el 46 -CV/S.. TYPE OF RELIEF BEING SOUGHT: THE GROUNDS FOR THE REQUESTS: ilc; ;G14e e 5eL /b6 -192 C b j( a ,) b -THUD hD05C 5 O k Sa me 5 C' YK C, e r Ci `� ��' S 014`i;`c,%S S:1CPShareUNSPECTION DIVISION1Staodard FormAZONING BOARD VARIANCE.doc REVISION 10/21/03 RYC Staff Report January 22, 2004 Variance Request #VO4-001 Requested bv: . W. Allen Moses (Property Owners) Reauested for: Lot 12 & E. '/z of Lot 11; Oak Grove Block, Bayshore Park Addition AND Tract 7; Abst. 35, J. Hunter Survey Luca 'on: . 941 Oak Grove Avenue Zonin : 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 a single-family dwelling is a "permitted" use in each zone. (See Exhibit A). The Zoning Board of Adjustment (ZBOA) may recall previously hearing a- Variance (#V03-002) and a Special Exception (SE#03-003) request from the same applicant. Both of the applicant's requests were granted at the July 24, 2003 meeting. This enabled the applicant to build a home on the portion of the property known as Lot 12 and the E. V2 of Lot 11. However, after reviewing the Board's approval, the applicant found -he would be unable to build a home and the deck area he preferred. At this meeting, the applicant is asking the Board to consider Variance Request #VO4- 001 for the portion of the property identified as Tract 7; Abst. 35, J. Hunter Survey. (See Exhibit B) The request asks for a reduction in the rear yard, side yard and the standard designated conservation area requirements in order to construct a single-family dwelling. Unfortunately, due to the property size, the reduction in these three area requirements alone would not enable a home to be built. The survey/site plan exhibit identifies the various issues. (See Exhibit B) Therefore, while considering this request, the Board 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 "viable". Staff has included a copy of Table B; Residential Area Requirements and Footnote #2 that identify the standard 15' rear yard setback requirement and the minimum 20' landscape setback requirement from a -conservation area. (See Exhibit C) In addition, the definition of a conservation area has been provided as well. (See Exhibit D). • Zoning Board of Adjustment 7amia y 22, 2004 #VO4-001 Page 2 of 4 In accordance with Section 106-192(b)(2)(b), the applicant is asking the Board to grant relief to the "unnecessary hardship" resulting from, the shallowness, creek and conservation area unique to this property. The standard frpnt yard requirement is 15'. (See Exhibit Q. However, you will note the survey/site plan provided by the applicant identifies the need for a 5'rear yard in lieu of the standard 15'. Also, the minimum landscape setback from a conservation area is 20'. However, you will note the survey/site plan does not identify any landscape setback. (See Exhibit Q. Analysis: Section 106-192(bxl), 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 vw lance 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 graining 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 0 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 and conservation area issues are discussed in this report. Zoning Board of Adjustment January 22, 2004 #VO4-001 Page 3 of 4 As shown on the survey/site plan, the angling creek (water's edge) is located in the proposed side yard of property. As noted in definition (See Exhibit D) the minimum standard landscape setback would be 20'. This setback is measured from the edge of the stream along the entire length of the property. Please note the survey/site plan, as drawn, does not identify a specific setback for the development.. 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 deemed within the spirit of the ordinance. An additional concern.is the determination of the line on the property that represents Mean Sea Level. Typically the high bank is depicted to determine where the- property begins to drop off towards the water's edge. The high bank location can determine an applicant's ability to build in accordance with city, state and federal regulations. Conclusion: Variance Request #VO4-001 which seeks a reduction of the standard rear yard, side yard and conservation. area setback is unusual.' Staff notes that the reduction of these area requirements alone will not make the site "buildable". For this reason, the applicant has submitted a second request (special'exception).. j With the need for two requests on the same property, the Board may wish to review the next agenda item (Special Exception #SE04-001) before taking action on this request. While recognizing the unusual circumstances associated with the property deserve special consideration, staff believes regulations still need to be satisfied. Staff recommends approval of this request subject to no issuance of construction permit(s) until compliance with all conditions noted in this report. • Require the surveyor to identify the high bank area along the entire length of the property, including the area where the proposed improvements are shown. • Prohibit installation of any in -ground piles and/or supports within the high bank area • -The only encroachments into the high bank area shall be aerial in nature • Provide the City with a copy of the Army Corp of Engineers authorization letter pertaining to regulations on Section 10 Waters.- Letter should include reference to Lot 12 & E. '/2 of Lot 11, Oak Grove Block, Bayshore Park Addition and Tract 7; Abst. 35,1 Hunter Survey (The Corp's letter submitted to the City does not atkess Tract 7) 9, 0 Zoning Board of Adjustment January 22, 2004 #VO4-001 Page 4 of 4 • Provide the City with a copy of the Texas General Land Office letter which identifies no instrument is needed for development of Lot 12 & E. '/2 of Lot 11, Oak Grove Block, Bayshore Park Addition and Tract 7, Abst. 35,1 Hunter Survey (Ihe Texas General Land Office submitted to the city identified Lot 1, Sailors Cove Subdivision) , Aoueals: As per Section 106-196 of the Code of Ordinances of the City of LaPorte: Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment, or any taxpayer, or any officer, department, board or bureau of the city may present to a court of record a petition for a writ of certiorari, as provided by V.T.C.A., Local Government Code Section 211.0.11, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten days after the filing of the decision in the office of the Board of Adjustment. EXHIBITS 4- 410 RFFZF 4e 40P MOSES PROPERTY ZO SEABREEZE PARK 1300. R'2 Not moo. EXHIBIT "All -I I� W FND 5) IR ccZO �' 1Y Qa� 0 BAYSHORE DRIVE (40' R.O.W.) . "C' IMP -- FND 5/P.O.B.8" I.R. CA 7a aL O ry :y�Cy n url°l o Ul Zn- z o LOT II• N 38052' 00" E 7Q' l' CORNER IN BAYOU B� • o 0 M O LOT I I s O ----- -' - < -----;-46 31 Ms i LAT 12 S 'M a W _ O' O Ni co o ul :0 Uri 1 Z ST-INER I — . — — 5 38° 52' 00" W _ _ _ 6.7 380 552' 00" E —106 70' _ CORNIER IN BAYOU r B I—N FWD 5/8" I.R. c IS AM 1 1 PROPOSED, ON PIERS SANITARY SEVER LINE W 7 I ca TRACT 7 Q, o J. HUNTER SURVEY, Ln ! A-35 ,,, ! I.R. IN FENCELINE $ 8° 52' 00" W 106.70 CORNER IN BAYOU LOT I SAILORS COVE S/D VOL. 359 PACE 71 H.C.M.R. swscT m w NAMEONRLMM EM IN Fan IN TINE CITY OF LA FAR. MAS. U =TRUCfW EASHENT FOR 7W RIAR OF IMMU AND VMS ACR= A STRIP OF LAW IS FEET WIDE AS PER VOL. 754S. PACE 709 H.C.O.R.mom -EANS PoR REARIw4% AS3IRRD AS A= TI[ TORM, COIDITIGNS AND STINiAtim OF LA FOM AM WATQ AUIMIRITY 1 �� -gSTARff3 CFI%G AEE CA101ND OISTANOES =110 BY a�IW110E ID. IM A O7R' OF RHIOI Hm OM FILM FM IBYmw- -Au ABSTRACTING OiOIE Br tlllt G011PAIfl' . UO9t IWRIS COUNTY DDK'S FILE NO L-826773. IJJ IBC LEGEND: U.E. - UTILITY EMINENT ACCORDING TO FLOOD INSURANCE RATE MAP A 8 2 0 1 C 0 9 4 8 J DEC 3 A.E. - 1NDBsiRiCTED AERIAL EANNIo1T pATFDnll-6-% TH19 TRACT NFJB!8Y 3l/IVEYFD LIES WITHIN TONE 2003 B.L. -BUILDING LUE AE AND 1$ IN THE 100 YEAR FLOOD PLAIN. THIS C.I.R. - CAFFFD IKON ROD STATFALDIT IS BAND ON SCALING THE LOCATION OF SAID SURVEY ON ALµ AS FEE 1WAMM FLAT Of SIlDIVISI00 THE ABOVE REFERIENCED MAP AND 15 FOR FLOOD INSURANCE PENCE. ONLY 1EI)I "!-- �PENCE.ONLY AND NOT INTENDED TO IDENTIFY SPECIFIC FLOODING CONDITIONS. Cm. LINE FENCE BASE FLOOD ELEVATION . 12.00, ( SURVEY OF. j ws CHARLES E. BATES ALL OF LOT 12 11FrISTIE® NAND NRLEYaR N" CIO THE EAST I/2 L07 I I BAY SHORE PARK 4221 UDLA AWTBR OW! ►AIS WAS 77sm W.) 4MS136 FA% I761I 179-3VS RECORDED IN VOL. 10. PAGE 22 1 MAP RECORDS OF HARRIS COUNTY AND BORROWER:' TRACT 7 OF THE W. ALLEN MOSES AND LIGIA MOWS JOHNSON HUNTER SURVEY. A-35 (SEE E701IBIT "A" LIETT3 AND 80UD51 ,� .. ADDRESS' SURVEY B ABSTRACT GNED HEREBY CERTIFIES THAT THIS SCALE: DATE: DRAIRI: JOHNSON HUNTER Sl34VEY, A-36 MADE ON Tl1E C�t01RID UNDER Mr THA THIS FLAT TS 1"-20' 11-I2-01 1M w 111E n r. REV: 2-20-03 CIIY CA" try STATE .F. NUMBER JOB NO. ...� ....--- -- _ 1002 CS 490253-X 2002604 LA PORTE HARRIS. TEXAS R9dNCLAL wo SUFMCE NO 4116 AMERII.AN TITLE OFER PARK EXHIBIT B ARTICLE Ill. DISTRICTS DIVISION 2. RESIDENTIAL DISTRICT REGULATIONS Subdivision 1. Generally Sec. 106-333. Table B, residential area requirements. (a) Table B, residential area requirements. Maximum Lot Minimum Minimum Minimum Minimum Minimum Coverage / Lot Lot Yard Site Development Minimum Area / D. U. Width Setbacks Maximum Area / Unit Open Space / Landscaping Uses 6 S.F. L.F. L.F. F.R.S. Height S.F. Unit S.F. Required L],1.%6. 10 .16 17 1B Single-family detached 6000 50 2!�� 35 Ft. 9100 — 40%/NIA 4.8 Single-family large lot 43560 100 25-15-5 45 Ft. DU/A — 30%/N/A 0 4356 1.0 Single-family special lot 4500 4b 20-10-0 35 Ft. DU/A Footnote 60%/N/A line, 0 lot line 7300 # 1 6.0 Duplexes 6000 60 22U'.2.0 45 Ft. DU/A Footnote 60%/N/A 8.0 # 1 Single-family converted 6000 50 20-10-5 35 Ft. DU/A N/A 50%/N/A to nulti`fa%nily N/A Townhouses, 2000 20 25=2Q=;2q 45 Ft. 4400 Footnote 75%/25%,' quadraplexes (10,000 s.f DU/A # 1 of site area 100 ft. wide) 10.0 Mu.lti;=family 20000 100 25-20-20 45 Ft. 1600 2 )G 60%/26% µ1'4; Footnote D,U/A # 1 Manufactured housing 4500 40 20-10-5 25 Ft. 7300 Footnote 60%/6% 6.0 # 1 DU/A Manufactured housing 100 of front N/A N/A N/A N/A N/A/N/A subdivision or parks (5 road frontage acre min.) Group care facilities (less 25-20-10 25 Ft. N/A N/A N/A/6% than 6) and day care homes Public or private educa- 30-20-10 45 Ft. N/A N/A N/A/6% 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 MWC See article VI of this chapter Table B footnotes. • Is Lot Size Required Developed 5000 — 6000 Sq. Ft. Open Space /Lot200 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: 4rhnulUf'd�;o„%ptme-size amidevMum2nevsewof ._ developmenC (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 0secretary's office.) 2. A minimum landscape setback of 20 feet will be required adjacent to all conservation areas. Buildings, parking areas, and refuse containers will not be allo� ed 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. In the case of zero lot line housing, the side setback opposite the zero lot line must be ten feet. 7. D.U.A. is 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 industrialized 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 article 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 IPvPI hAhA100n throe f^^4 .,..a .. r__+ __ 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 a right- 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 an 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, exhibitions, 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. ,.`Cervation 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. #SE04-001 SPECIAL EXCEPTION 941 OAK GROVE AVENUE REDUCTION IN THE FRONT YARD . REQUIREMENT EXHIBITS: APPLICATION FOR SPECIAL EXCEPTION STAFF REPORT EXHIBIT A - AREA/ZONING MAP EXHIBIT B' - SURVEY/SITE PLAN. EXHIBIT C - AERIAL MAP EXHIBIT D - SECT. 106-333, TABLE B. RESIDENTIAL AREA REQUIREMENTS, FOOTNOTE #5 OF THE CITY' S CODE OF ORDINANCES CITY OF LA PORTE ZONING BOARD OF ADNSTMENO SPECIAL EXCEPTION REQUEST Application No.: p y — Oo l OFFICE USE ONLY: Fee: $150.00 Date Received: Receipt No.: 3 6517 Note: This Fee is Non -Refundable Regardless of the Board's Decision Applicant: Lz; , Al (e „1 fyl G'�, < Name Address I am the owner of the herein described property. I have authorized to act on my behalf in this matter. Owner*: Name Address PH: I am requesting a Special Exception to Sect. /M I Ji of the City Zoning regulations Chapter 106 of the Code of Ordinance. I am requesting this Special Exception for property located at 9 VJ Oc& &. d✓ c J/ Street Address ? A n fie, J l6 f i� iZ �� /� k G-r�4�� 1��,.sr,6• ��.� 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 malting this request. * If applicant is NOT the owner, he must provide Authorization to act 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 — (D — 6 JI Meeting Date: �� ' 0 L` Applicant Notified of Date: y Board's Decision: Approved () Denied ( ) Notice of Boards Decision mailed to Applicant/Owner: 9- A Special Exception is a deviation from the requirements of the Zoning Ordinance. Before they grant a special exception, The Board of Adjustments must determine that the exception is not contrary to the best public interest and will not adversely affect the value or use of adjoining property. Special exceptions may be granted for the following items only: 1) The reconstruction of or addition to a building occupied by a non -conforming use. Additions cannot extend past the lot occupied by the original structure or use. The reconstruction or use cannot prevent the property from returning to a conforming use. 2) Deviation of yard requirements under the following circumstances. a). Exceptions to front yard requirements if front yard setbacks are not met on abutting pieces of property. b) Exception to rear yard setbacks if any four (4) lots within a block do not meet setback requirements. c) Exceptions to yard requirements on corner lots. d) Exceptions to front yard requirements if existing front yard setbacks on a block are not uniform. 3) Waiving or reduction of off street parking and loading requirements if the Board feels they are unnecessary for the proposed use of a building or piece of property. Please remember it is the Applicant's responsibility 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: 4�t block 9;zs al &nla not Aee l Ae 5g.1d.-fd �75- -�v t . TYPE OF RELIEF BEING SOUGHT: 11 rc �� e�IlJi' 7C0� r� .� !/Dc�SE 0.0 THE GROUNDS FOR THE REQUESTS: A V 4� Nv 'C✓-er fy 2 r. t t! f �C 0 r ' vat r,i rfeP v f' em.. c SD-ec:c, xQ(b �( S:\CPS6are\INSPECTION DIVISION\Standard Forms\ZONING SPECIAL REQUEST.doc REVISION 10/21/03 RYC Staff Report January 22, 2004 Special Exception Permit Request #SE 04-001 Reauested by: W. Allen Moses (Property Owners) Requested for: Lot 12 & E. '/2 of Lot 11; Oak Grove Block, Bayshore Park Addition AND Tract 7; Abst. 35, J. Hunter Survey Location: 941 Oak Grove Avenue Zonin : 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 a single-family dwelling is a "permitted" use in each zone. (See Exhibit A). The Zoning Board of Adjustment (ZBOA) may recall previously hearing a Special Exception (SE #03-003) and Variance (#V03-002) request from the same applicant. Both of the applicant's requests were granted at the July 24, 2003 meeting. This enabled the applicant to build a home on the portion of property known as Lot 12 and the E. Y2 of Lot 11. However, - after reviewing the Board's approval, the applicant found he would be unable to build a home and the deck area he preferred. At this meeting' the applicant is asking the ' Board to consider Special Exception #SE04-001 for the portion of the property identified as Tract -7; Abst. 35, J. Hunter Survey. (See Exhibit B) The new request again 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 narrow depth of this portion of the property, the front yard setback reduction alone will not enable a home to be built. The survey/site plan exhibit identifies the various issues. (See Exhibit B) • • Board of Adjustment January 22, 2004 Meeting #SE 04-001 Page 2 of 3 Therefore, while. considering this request,- the Board 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(b)(2)(a) 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) The standard front yard setback requirement is 25'. (See Exhibit D). However, you will note ' the survey/site plan *provided by . the applicant identifies the need for a 10' front yard in lieu ofthe standard 25'. This exception is being "requested . under the terms of Section 106- 191(bx2Xa) of the City's Code of Ordinances. ❖ To deviate a front 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 Q. 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. ❖ Grrwiting the exception will not be contrary to the best public interest. . Board of Adjustment January 22, 2004 Meeting #SE 04-001 Page 3 of 3 Regarding this request, the relief being sought is similar to the circumstance covered by the terms of the Special Exception Section. • Allow construction of a single-family dwelling with a reduced front yard setback. 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 appear that granting this -exception would be contrary to the best public interest. Conclusion: Although the"circumstance noted in this report is not unusual, staff feels the need for a second request (variance) complicates the matter being considered under this special exception request. In recognizing the complication, staff believes the property deserves special consideration while still meeting certain regulations. Staff recommends approval of this request subject to no issuance of construction permit(s) until compliance with all conditions noted in this report. • Any relief granted should not conflict with the maintenance of public utilities located within the property; and • Approval is conditional upon the granting of a utility easement. to the city. • Require in -ground piles and/or supports be located 15' back from the front property line while still allowing the proposed_ aerial deck to be located 10' from the front property line 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. • • 0 EXHIBITS e oC%A oq� � e4o cR�`F cry J S e4 Fl SF � ♦ � � FF� gBRFF? MOSES-PROPERTY ego �P/ SEABREEZE PARK ��- ♦ 1300 I A4R�� qy / q`FN moo' EXHIBIT "A'.'. `NFFN LOT I I ' N- 38052' 00" E ' = °t _ LOT I I --: oL ---3-o�-�-fT O LAT11----- "I ao T W o IN BAYOU BAYSHOREin z ° N DRIVE I. (40' R.O.W.) 'C' INLET STORM San —LINE — — FND 5/9" I.R. �"' =2'009"7 °f _ _ S 38°51'00" IN . _ _ 76.7 _ _ CORNER IN BAYOU ,/ 51' 00" E —106. 70' — �'tARY ° FNO 5/9" I.R. 7d �. 0 INE Lu 3 - y $ 5.0 45.00' I7.00- Nf p _ 00 • oo g �� q 6 O 3> PROPOSED 1HOUSE 4 QI PIERS U) Z o 15.00 o O.O TRACT 7 0 0 . J. HUNTER to SURVEY, Li) A-35 en I.R. INFENCELINE $ 8°52'00" IN 106.7q •LOT SAILORS CAVE WD VOL. 359 PACE 71 H.C.M.R.•" law TO tNe EGNIIG amIN mm NDI I1 ram x TIIE CITY CF WIISSTA Cfm FASEMEMT FOR TINE EIGHT Or INGRESS, AND EMS ACROSS lam • A STRIP OF LAID IS PUY NICE AS FEE VOL. 2546. PACE 709 N.C.D.R. -11A71S CDR EMIM& ASSISED AS RATTED -DISTANCES SH M AN GOOUD OISTANCFS TIe Mail. CONDITN7IG AND STIRAAnOO 01 LA R'RIE ABL1 1ME1 AUI 1NOQITY ' ALL ANTRACTING OONE BY TITLE CCIVANY CNATID BY aDIwNIQ ND. 1M. A CaP1. OF MICH HAS -BEM FILM FOR $7fM , UD@ IRIS CQNTY C1EIK 5 FILE ND L-676773. . SlfAD: unuTY E43ugm ACCORDING TO FLOOD INSIiANCE RATE MAP • A ] 0 1 C ° 9 A S J .' AL - 1l101115 CTM AERIAL FAWAN'NT DATED THIS TRACT HERBY SLRVEVlD LIES NITHIN SOME LK. BUILDING, MCAPFFD �F j$ IN THE 100 YEAR FL000 PLAIN. THIS TINE R00 - STATEMENT IS BASED ON SCALING THE LOCATION OF SAID SLRVEY ON Aµ AS IN 1115001010 RAT OF SeDIVISUM TM ABOVE REFERENCED YAP AND IS FOR FLOW INSURANCE RATES NOW FEN ONLY AND NOT INTENDED TO IDENTIFY SPECIFIC FLOODING CONDITIONS. •- OM. EDICR EASE FLOOD ELEVATION • 12.00' . 7- CORNER IN BAYOU DEC ' 3 2003 SIRVEY OF: LES E. BATES ALL OF LDT 12 01N. SIRNIO M�;AR a THE EAST 1/2 LOT II SHORE PARK wR sYDAY fRR) ns-slMs rAx nep 4M•MDS RECORDED IN VOL. 10, PAGE 21 MAP RECORDS OF HARRIS COUNTY rr•-� AND BCRRONER:• TRACT 7 OF THE W. ALLEN WSFS AND LJGIA MOSES JOHNSON HUNTER SURVEY, A-35 ' '. ,'-,C I` •1 WE EM161T 'A' METES AND BQNus) .. ••: ADDRESS: :: :� • 0 OAK GROVE AVE. . SLRVEv E ABSTRACT i ne wDENSIGNED HNWY CERTIFIES THAT ells SCALE: JDATE: DRANM: JOHN90N HUNTER SURVEY. A-35 SLIMY V"S MADE ON THE GRCLI ID LINE ANY I I-I2-D2 slsE+vls THAT THIS RAT Ts 1"=20' TM THE EAc Ad A rIe n Y. REV: 2-20-03 LIffY COUNTY STATE .F. NUMBER JOB NO.— _ 2002 CS 490253-X 2002604 LA PORTE HARRIS• TEXAS MeaNe® rNOR1AILTIAL uND MItrYlYQ A° •nn AMERICAN TITLE OBER PARR EXHIBIT B %�i� ... �}+ ,, o"r. ' � f ..,4y � _ r � A. � � � �•t 1-i j t�,. `^ '� ' �+ ��. nT @ a.'�, Y� - ' tiY e iY �tt�{3'�:rlr tr �.'''}It ki'4}��. � to L�E k�{ ��+'�i: �°•43t�� ,►`�y ��r,4 �.sr fit i _ T f�'•i. t 5� y "� � .. ♦ I �i - �"ir a r.a �M1..`j Se "�}.��,.;'`"iY?yL��'!:, -`('C`�{ 5��,'Ml>,t FT>-!�„4'}#f •�'!-r �'��, t`tv `i u,��.w7r�e�.��?tr}�'y i�-.,.'.'^i.3 �'i��+: y;k NNWT � i '{ -V�Y NN, :�` ,t. j r��... .. s �j.t Lr�.� �T i• -'� o i��l �.? rw �.. si r -; •; 4 a. i� �,.1[' Jy ij re 3, �"F 7 44'h rl^s e.. - r«� �1r,^'y,�r,i1r,�R' r'•.4, ~."rt is tg tf'"F. �•, .{ k' e,�t l7•i o'vr�Y �� a�;��A-�; fS t < C�;��;, r�' •. tea{ ,_ '� s�` ��,; :s� �'� • �'�rV � '��..�� `��+`"`-�� ' `, .ram' � ..c t, '• a ,� t ,. G. Y v' �i r cc #�,`��h�'--'0.�, i-��. f ��xa k� h�ui<_ cif n��w7..,,_�.h1 rs-1'a�l iti4•� t `� t, ��.jY.ki ,: ��? j�`�➢ �� `'jL.�'F lt�t k,, l� Y ``� �' :{ }rJ!� .`l y�� 4��-�S��''.�t"`f,. s�..y'; d Y-,1M�vTststP,,J *cur�ent � � "'• �.,., a r, �-' S'� ,�� 3� 1 r� .��.,F�,�- I-r N.. ,S�• ,�. `,.� r{� A�y�.,i=.,.,�F'q.�.i.f �. � 'Oi>f��,y��r.'Ni''`t i '�Lt�� >��t""`y�'.�-'-� `i:' }, r` y►..~itY:. �,�� 'Sts.r�"�'' ' �4. �A w' *„ - A _ tJ�n 5�1' _Yp�.'4 y,c ;y'rrS�± i "• iw� � •4 `fit :t..{t �:�d _ f'e•t nf.,y� iny.F•'. fit. ;.-'t�!'. Qh�r .. ,� }_ .: �yt it,��rf �:.;L�,ri� r.` � ?j �:P*' t- i ':. ji�.. 9y}, . d/ j.:L .� L •.'[. *i}U N. � _ "!. 7 .t?{ .'j j••�� '�Y .. J. 4,;,_ . � ••.{ Al, f C' ,r; %�'t 3if�rC t''4��-�"�'�.�•' r .", 4 F „� r �� r i-�" •ram' �. 7� -yb- F: t�' -'.f. ti p- r �Y;'.i �'Ss �,. � ,y C� � xy.t!'�,�ft�u(Si t1 �4..•i .q . :c^'I :� �°� '1� �S G(`..t ��', rpr�Y•Sbe'�'.�.,"rGiS titi;l � tE By 7 r �t y :.� .�� .SA lt:��€r r�r'i ,h`G .t i _ •4ir.�_ 1 • ;��r ' A•y, } j } �v:�lR3 +C .y -�itn. � � <• /�,y�'j'� � t��• Nam, i f ,� ;� � f:t , :t` i \ M('i. > AN- MINORITYv:. 1"Y"..t j"}}•,r , t.. i }k't'. !�: } � t.... � �t. ,7��' Ure ARTICLE III. DISTRICTS DIVISION 2. RESIDENTIAL DISTRICT REGULATIONS Subdivision 1. Generally Sec. 106-333. Table B, residential area requirements. (a) Table B, residential area requirements. Maximum Minimum Minimum Minimum Minimum Minimum Lot Coverage / Lot Lot Yard Site Development Minimum Uses Area / D. U. Width Setbacks Maximum Area / Unit Open Space / Landscaping 9 S.F. L.F. L.F. F.R.S. Height S.F. Unit S.F. Required Z 7. I, 5, 5, 10 .16 17 Te Single-family detached 6000 50 251 15-5 35 Ft. 9100 -- 40%/NIA 4.8 Single-family large lot 43560 100 25-15-5 45 Ft. DU/A — 30%/N/A 0 4356 1.0 Single-family special lot 4500 40 20-10-0 35 Ft. DU/A Footnote 60%/N/A line, 0 lot line 7300 # 1 6.0 Duplexes 6000 60 25 20-20 45 Ft. DU/A Footnote 60%/N!A 8.0 # 1 Single-family converted 6000 50 20-10-5 35 Ft. DU/A N/A 50%/NIA to multi;family N/A Townhouses, 2000 20 25-20=,20 45 Ft. 4400 Footnote 75%/25% quadraplexes (10,000 s.f DU/A # 1 of site area 100 ft. wide) 10.0 Mu.lfi=family 20000 100 25-20-20 45 Ft. 1600 288 60%/25%a 14 Footnote ,;DU(A # 1 Manufactured housing 4500 40 20-10-5 25 Ft. 7300 Footnote 60%/6% 6.0 # 1 DU/A Manufactured housing 100 of front N/A NIA N/A N/A N/A/N/A subdivision or parks (5 road frontage acre min.) Group care facilities (less 25-20-10 25 Ft. N/A N/A N/A/6% than 6) and day care homes Public or private educa- 30-20-10 45 Ft. N/A N/A N/A/6% tional and religious insti- tutions, large group care facilities, daycare cen- ters, recreational build- igs, boarding, and nur- sing homes Freestanding on -prem- EXHIBIT ises signs See article VII of this chapter Table B footnotes. 0 is Lot Size Required Developed 5000 - 6000 Sq. Ft. Open Space / Lot 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 (�) FOFF17uIt1.f4m v..residential'srdeVeI1-1:oomril_ent-4-:Mirnmi1 .nf!?S% `r f.: tF,e (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.) 2, 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 4® including projections of any nature shall encroach into any utility easement or vertical projection of the easement boundary. 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. In the case of zero lot line housing, the side setback opposite the zero lot line must be ten feet. 7. D.U.A. is 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 industrialized 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 article V, division 4 of this chapter for additional requirements. 10. No sign shall be located in a sight triangle so as to obstruct traffic visibilitv at a level hatWPPn throe foot 1 �*, f-,,. EXHIBIT D