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01-22-2004 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment
MINUTES ZONING BOARD OF ADJUSTMENT MINUTES OF JANUARY 22, 2004 Members Present: Chairperson Sidney Grant, Bob Capen, Charles Schoppe, and Alternate No. 1 Barbara Norwine Members Absent: Rod Rothermel, George Maltsberger, and Alternate No. 2 Bernard Legrand City Staff Present: Interim Planning Director, Nicholas Finan; Chief Building Official, Debbie Wilmore; Planning Coordinator, Masood Malik; Assistant City Attorney, John Armstrong; Planning Secretary, Peggy Lee 1. CALL TO ORDER. Meeting called to order by Chairperson Grant at 6:00 P.M. 2. APPROVE MINUTES OF THE DECEMBER 4, 2003 MEETING. Minutes were approved as presented. 3. CONSIDER SPECIAL EXCEPTION REQUEST #SE04-002 FOR 429 N. IT STREET, FURTHER DESCRIBED AS BLOCK 86; LOTS 31, 32, TOWN OF LA PORTE, LA PORTE, HARRIS COUNTY, TEXAS. THE APPLICANT SEEKS TO DEVIATE THE YARD REQUIREMENT ON A CORNER LOT IN ACCORDANCE WITH SECTION 106-191(B)(2)(C) OF THE CODE OF ORDINANCES. A. STAFF PRESENTATION Planning Coordinator, Masood Malik, presented staffs report for Special Exception Request #SE04-002. The City has developed a program to build 11 new homes in the Northside Neighborhood as part of the HOME Grant. The builder, Bayou Housing, has requested a five-foot exception to the required 10' setback requirement on a corner lot at 429 N. 1s' Street. Staff recommended approval of the request. Chairperson Grant asked Mr. Malik to present the reports for Items 3, 4, and 5 simultaneously, due to their similarity. See action under Items 4 and 5 Public hearing notices were mailed to 11 nearby property owners. No responses were received. Two were returned undeliverable. B. PROPONENTS There were none. C. OPPONENTS There were none. Mr. Capen noted the Board would review the merits of each case and make their decision based on the facts of each case, not just because it has been done before. Motion by Bob Capen to approve Special Exception #SE04-002 for 429 N. 1"t Street, further described as Block 86; lots 31, 32, Town of La Porte, La Porte, Harris County, Texas, to reduce Zoning Board of Adjustmc • Minutes of January 22, 2004 Page 2 the standard side yard setback requirement on a corner lot adjacent to public right-of-way to five - feet (5'). Second by Charles Schoppe. The motion carried. Ayes: Capen, Schoppe, Norwine, and Grant Nays: None Abstain: None 4. CONSIDER SPECIAL EXCEPTION REQUEST #SE04-003 FOR 401 N. Is' STREET, FURTHER DESCRIBED AS BLOCK 86, LOTS 17, 18, TOWN OF LA PORTE, LA PORTE, HARRIS COUNTY, TEXAS. THE APPLICANT SEEKS TO DEVIATE THE YARD REQUIREMENT ON A CORNER LOT IN ACCORDANCE WITH SECTION 106-191(B)(2)(C) OF THE CODE OF ORDINANCES. A. STAFF PRESENTATION Mr. Malik presented staffs report for Special Exception Request #SE04-003. The City has developed a program to build 11 new homes in the Northside Neighborhood as part of the HOME Grant. The builder, Bayou Housing, has requested a five-foot exception to the required 10' setback requirement on a corner lot at 401 N. 13t Street. Staff recommended approval of the request. Public hearing notices were mailed to 13 nearby property owners. Two responses were received in favor of the request; one received in opposition; one neutral; and one was returned undeliverable. B. PROPONENTS There were none. C. OPPONENTS There were none. Motion by Bob Capen to approve #SE04-003 for 401 N. 1s'r Street, further described as block 86, lots 17, 18, Town of La Porte, La Porte, Hams County, Texas, to reduce the standard side yard setback requirement on a corner lot adjacent to public right-of-way to five -feet (5'). Second by Charles Schoppe. The motion carried. Ayes: Capen, Schoppe, Norwine, and Grant Nays: None Abstain: None 5 CONSIDER SPECIAL EXCEPTION REQUEST #SE04-004 FOR 327 N. 7TH STREET, FURTHER DESCRIBED AS BLOCK 77, LOTS 31, 32, TOWN OF LA PORTE, LA PORTE, HARRIS COUNTY, TEXAS. THE APPLICANT SEEKS TO DEVIATE THE YARD REQUIREMENT ON A CORNER LOT IN ACCORDANCE WITH SECTION 106-191(B)(2)(C) OF THE CODE OF ORDINANCES. A. STAFF PRESENTATION Mr. Malik presented staffs report for Special Exception Request #SE04-004. The City has developed a program to build 11 new homes in the Northside Neighborhood as part of the HOME Grant. The builder, Bayou Housing, has requested a five-foot exception to the required 10' setback requirement on a corner lot at 327 N. 7th Street. Staff recommended approval of the request. Zoning Board of Adjustmop Minutes of January 22, 2004 Page 3 Public hearing notices were mailed to 17 nearby property owners. One response was received in favor of the request and two were returned undeliverable. B. PROPONENTS There were none. C. OPPONENTS There were none. Motion by Bob Capen to approve Special Exception #SE04-004 for 327 N. 7'h Street, further described as block 77, lots 31, 32, Town of La Porte, La Porte, Hams County, Texas, to reduce the standard side yard setback requirement on a comer lot adjacent to public right-of-way to five - feet (5'). Second by Charles Schoppe. The motion carried. Ayes: Capen, Schoppe, Norwine, and Grant Nays: None Abstain: None 6. CONSIDER VARIANCE REQUEST XV04-001 FOR 941 OAK GROVE AVENUE, FURTHER DESCRIBED AS LOT 12 & E. % OF LOT 11, OAKGROVE BLOCK AND TRACT 7, ABST. 35, J. HUNTER SURVEY, LA PORTE, HARRIS COUNTY, TEXAS. THE APPLICANT SEEKS TO REDUCE THE STANDARD REAR YARD REQUIREMENT AND THE SIZE OF THE STANDARD DESIGNATED CONSERVATION AREA IN ACCORDANCE WITH SECTION 106- 192(B)(2)(B) OF THE CODE OF ORDINANCES. A. STAFF PRESENTATION Chairperson Grant asked Ms. Wilmore to present the reports for Items 6 and 7 simultaneously, as they are related. Chief Building Official, Debbie Wilmore, presented staffs report for Variance Request #VO4-001. The applicant, Allen Moses, has requested a variance for a portion of the property located at 941 Oak Grove Avenue identified as Tract 7; Abstract 35, J. Hunter Survey, in order to construct a single-family dwelling. The variance would reduce the standard rear yard requirement from 15' to 5' and remove the minimum 20' landscape setback. Public hearing notices were mailed to 13 nearby property owners. The City received one favorable response from the applicant. Two were returned undeliverable. Staff recommended approval of the variance with the conditions outlined in staffs report. B. PROPONENTS Chairperson Grant swore in Allen Moses, 1026 S. 6t' #47. Mr. Moses noted the surveyor has identified the high bank area and it will be shown on the engineered drawing. He has received the letters the City needs from the Corps of Engineers and General Land Office. C. OPPONENTS There were none. Motion by Charles Schoppe to approve Variance Request #VO4-001 for 941 Oak Grove Avenue, further described as Lot 12 & E % of Lot 11, Oakgrove Block and Tract 7, Abst. 35, J. Hunter Zoning Board of Adjustme Minutes of January 22, 2004 Page 4 Survey, La Porte Harris County, Texas, to reduce the standard rear yard setback requirement to five-foot (5') and waive the standard requirements for both the side setback and conservation area setback, and withhold issuance of construction permits until such time the following conditions have been satisfied: ■ Surveyor shall identify the high bank area along the entire length of the property, including the area where the proposed improvements are shown. ■ Installation of any in -ground piles and/or supports within the high bank area shall be prohibited. ■ Encroachments within the high bank area shall only be aerial in nature. ■ Provide the City with a copy of the Army Corps of Engineers authorization letter pertaining to regulations on Section 10 Waters. The letter should include reference to Lot 12 & E. % of Lot 11, Oak Grove Block, Bayshore Park Addition and Tract 7; Abst. 35, J. Hunter Survey. (The Corps letter submitted to the City does not address Tract 7.) ■ 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. % of Lot 11, Oak Grove Block, Bayshore Park Addition and Tract 7, Abst. 35, J. Hunter Survey. (The Texas General Land Office letter submitted to the City identified Lot 1, Sailor's Cove Subdivision.) Second by Bob Capen. The motion carried. Ayes: Schoppe, Capen, Norwine, and Grant Nays: None Abstain: None 7. CONSIDER SPECIAL EXCEPTION REQUEST #SE04-001 FOR 941 OAK GROVE AVENUE, FURTHER DESCRIBED AS LOT 12 & E. % OF LOT 11, OAKGROVE BLOCK AND TRACT 7, ABST. 35, J. HUNTER SURVEY, LA PORTE, HARRIS COUNTY, TEXAS. THE APPLICANT SEEKS TO DEVIATE THE FRONT YARD REQUIREMENT IN ACCORDANCE WITH SECTION 106-191(B)(2)(A) OF THE CODE OF ORDINANCES. PROPERTY UNDER CONSIDERATION IS KNOWN AS 941 OAK GROVE. A. STAFF PRESENTATION Ms. Wilmore presented staffs report for Special Exception Request #SE04-001. The applicant, Allen Moses, has requested an exception for a portion of the property located at 941 Oak Grove Avenue identified as Tract 7; Abstract 35, J. Hunter Survey, in order to construct a single-family dwelling. The exception would reduce the standard front yard requirement from 25' to 10'. Staff recommended approval of the exception with the conditions outlined in staffs report. B. PROPONENTS Comments from Allen Moses noted under Item 6, Proponents. C. OPPONENTS There were none. Motion by Charles Schoppe to approve Special Exception #SE04-001, for 941 Oak Grove Avenue, further described as Lot 12 & E Y of Lot 11, Oakgrove Block and Tract 7, Abst. 35, J. Hunter Survey, La Porte Harris County, Texas, to reduce the standard front yard setback • Zoning Board of Adjustmop Minutes of January 22, 2004 Page 5 requirement to ten -feet (10') and withhold issuance of construction permits until such time the following conditions have been satisfied: ■ Reduced setback shall not conflict with the maintenance of public utilities located within the property. , ■ A utility easement shall be granted to the City. ■ In -ground piles and/or supports shall 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. Second by Charles Schoppe. The motion carried. Ayes: Schoppe, Capen, Norwine, and Grant Nays: None Abstain: None 8. STAFF REPORTS There were none. 9. ADJOURN Chairperson Grant adjourned the meeting at 6:28 P.M. Submitted by, pAt5�v Peggy L Planning Secretary Approved on this day of , 2004. Sidney Gi nt Chairpe , Zoning Board of Adjustment #SE04-005 SPECIAL EXCEPTION FOR 408 S. 8" STREET ALLOW FENCE ON THE FRONT PROPERTY LINE IN GENERAL COMMERCIAL ZONE EXHIBITS: APPLICATION FOR SPECIAL EXCEPTION STAFF REPORT I: •.. EXHIBIT B - SURVEY/SITE PLAN EXHIBIT C - SECTION 106-797 OF THE CITY' S CODE OF ORDINANCES CITY OF LA PORTE RECEIVED VONG BOARD OF ADJUSTMEI& SPECIAL EXCEPTION REQUEST �'�� 10GM Application No.: OFFICE USE ONLY: Fee: $150.00 Date Received: -- Receipt No.: rr Note: This Fee is Non -Refundable Regardless of the Board's Decision kl Applicant: 4/ Je Name /.�01de Gb PH: 2,? y7 ) 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. of the City Zoning regulations Chapter 106 of the Code of Ordinance. I am requesting this Special Exception for property located at 'c%� t� �� J, Street Address 8 /o c K 4• L o4 3 3 2 -- Legal Description () Site Plan () Minor Development Site Plan () Major Development Site Plan QQ 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. V' 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. 3 -- 2 z o V Date Applicant's Signature Office Use Only Site Plan and Authorization (if applicable) attached? Yes (b No () Date transmitted to the Board of Adjustments: Meeting Date: o� ! (� 7 Applicant Notified of Date: Board's Decision: Approved () Denied () Notice of Boards Decision mailed to Applicant/Owner: _ Staff Report April 22, 2004 Special Exception Request #SE 04-005 Requested by: Mike Kinstley (Property Owner) Requested for: Lots 31 & 32, Block 4, Town of La Porte Johnson Hunter Survey, Abstract 35. Location: 408 S. a Street Zoning: General Commercial (GC) Background: The applicant owns an existing business "Precision Muffler Brakes and Alignment", located at 405 State Highway 146 South. In addition, the applicant purchased the property located at 408 S. a Street. The subject property is further described by the Harris County Appraisal District as lots 28 thru 32 of block 4, Town of LaPorte, Harris County, Texas. At the site, there is a 1200 S.F. metal building being used as a storage for an existing business. The City's 16' public alley separating these adjoining, back to back properties makes this site front on two different public streets. The existing business has frontage on feeder road of Highway 146 and the property in question has front along South a Street. The applicant has submitted a Special Exception request that asks for a reduction in the standard front yard setback requirement in order to construct a fence on a front property line. The City's Code of Ordinances, however, prohibits a fence being erected within the required landscape portion of any yard or the front yard setback in the commercial zoning districts. Staff analyzed the surrounding area and based on the pictures submitted by the applicant, the following considerations are noted: The property at 417 South 8a' Street, has an original chain link fence around the site approximately 20 years old. After Hurricane Alicia in 1983, the City's Code Enforcement Div. asked the owner to install a wooden fence adjacent to existing chain link fence for screening purposes. The former Joe Camp Ford site, located at 621 Highway 146 South, is one larger site stretching from Highway 146 to South a Street. Alleys in these blocks have been closed and property was replatted accordingly. The Board of Adjustment April 22, 2004 Meeting #SE 04-005 Page 2 of 3 replatting makes the South a Street property line as a "rear" setback line, where fences are permitted as per ordinances. The property at 331 Highway 146 South "Boats Etc." received permission to enlarge an existing, non -conforming front yard fence from the City per NCS#02-001. The property in question has a public alley dividing this site into two separate properties. As an o Ion, the applicant could apply to close the alley fi and replat, making South 8 Street the rear property line where a fence can be erected. The standard front yard setback requirement in General Commercial zoning district is 20'. Since the application submittal did not include a site plan showing the location of a proposed fence, but includes a request for "specific" front yard deviation. It should be noted that if the applicant's request is granted, the ZBOA will be determining the deviated or "reduced" front yard setback they feel is appropriate. This exception is being requested under the terms of Section 106- 191(b)(2)(a) 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. 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. 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 fence with a reduced or absolutely no front yard setback. Board of Adjustment April 22, 2004 Meeting #SE 04-005 Page 3 of 3 Conclusion: 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 where. such exceptions already exist, nor does it appear that granting this exception would be contrary to the best public interest. Although the circumstance noted in this special exception report is not unusual, staff feels that if the Board grants the Special Exception to the applicant, it be requested that: • Any relief granted should not conflict with the maintenance of public utilities located within the property; and • Approval by the conditional granting of a 10' utility easement to the City. • Ensure that the sight bearing fence does not create any visibility concern for the safety and welfare of the general public and the motorists. Appeals: 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 211.011, 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. F tt ,� West „A,, St. i k 401* Ln 4-J 00 .. �, West B St. ir Owl IICII St. 1 4 { • P` y VIP, - - IRE � M __ a r, ql7 S. F 2 TpF4prh'F,� 2PPA' LO A cw)o-:pc! P. 01 16'' R.O.W.'ri EAST �-'125.00' 80 R.O.W. .SET" R.R.-SPIKE SET 5/8" I.R. L i W W Cj�� CAP4 so . tr) 32; u 0 cli tK ul) Z 04 --to 3.1 < c*4 FND.. 5/8" I.w uj 0.14' E uj 0.25 S 0 z LLJ < 0 0 FND. 1/2" I.R. r Lli II ir co m 4 Ln ?ES.1 a X Ln 0 b 00 • t METAL L6 CNI .......... IN CN 2& OP, 7 �29 GRAVEL SET 5/8" I.R. Lo FND. 1/2" I.R. 28 0.12 ' E 0. 15' N 16' R.O.W. WEST 125.00' ..27 z�11 -NII - - C, 80' R.O.W. FND. 5/8" I.R. 0.25' E SET '5/8- I.R. TO: Ali e -1. JAMES F. BECK, DO HEREBY -CERTIFY THAT THIS PLAT CORRECTLY -RERRE-SENT-SA� SURVEPY :MADE-UNDER-M-Y- -SUPERVISION, AND THAT AS FOUND ON THE GROUND AT THE TIME OF THE SURVEY ARE AS SHOWN HEREON. WITNESS MY 'HAND AND SEAL THIS � DAY OF 1sl1*e.,w NOTES: 1. 2. TRACT SUBJECT TO THE CITY OF' LA PORT 4 -ORDINANCES. LIES IN ZONES *X" AS SHOWN ON FIRM L • NO. 48201CO945 J. DATED NOV. 6. 1996 JAMES F. BECK TEXAS REGISTERED PROFESSIONAL LAND 'SURVEYOR NO. 2021 RECEIvr LOTS .287HRU 32 BLOCK MAR 04 MAP-OF'LA-PORTE, PG VOL, 10 -�2, H.C.D.R, Pz� W. op, -JOHNSON -H UNTER:'S.URVE-Y, A—' -35 LA- PORTE' HARRISCOUNTY, TEXAS -k jAIAES F. BECK 14, TAIT —E- 2 —13-02 SCALE-1 H. ARLOS 2021 ENGINEERS 1'=201 DRAWNo AND SURVEYORS, INC. CAD FILL: n u FLH P.D. BOX 529 423 N. HWY. 146 3438-02 PROJECT, LAPORTE, TEXAS 77571 SHEET1 "IA 1>0-nn PH. (281) 471-4226 FAX (281) 471-L798 OF 40 • SOIT", K CA40S &MTN ENM. & ?eG p047q."M" $106-791 LA PORTE CODE DIVISION 4. FENCING AND LANDSCAPING REQUIREMENTS Sea 106-79L Front yard areas. . No fences, structures, grading, or barrier hedges shall be permitted within any front yard areas except in the case of large lot residential lots, or in the case of lots with a front yard directly adjacent to the shoreline of Galveston Bay, as provided in section 106-792. Sec. 106-792. Large lot residential lots. In the case of large lot residential lots, six feet perimeter fences are permitted as an accessory use. In the case of lots with a front yard directly adjacent to the shoreline of Galveston Bay, four feet font yard fences are permitted parallel and adjacent to the side lot lines. However, such fences shall not be permitted on the front lot line directly adjacent to Galveston Bay, and shall only be constituted of chain link These exceptions do not permit structures, grading, or barrier hedges. Sec. 106-79& Fences in side and rear yards. Within side yards and rear yards, fences of not higher.than six feet excluding six-inch rot boards and walls 42 inches high or less shall be permitted. Sea 106-7ft Fences and trees on utility easements. Fences or trees placed upon utility easements are subject to removal at the owner's expense if required for the maintenance or improvement of the utility. Trees on utility' easements containing overhead wires shall not exceed ten feet in height. Sec. 106-79& Maintenance of fences. Both sides of the fence must be maintained in good condition by the owner of the fence. Sea 106-796. Barbed wire fences. Barbed wire fences shall not be permitted, used or constructed except in industrial districts or to control livestock as hereinafter provided. Sec. 106-797. Property line fences in industrial districts. Property line fences in any industrial district shall not exceed eight feet in height except that: (1) Fences erected along a property line in common with a residential district shall be subject to the provisions herein described in residential district fences; and (2) Fences in commercial and industrial zones which are primarily erected as a security measure may have arms projecting into the applicant's property on which barbed wire CD106:88 C, ZONING § 106-799 can be fastened commencing at a point at least seven feet above the ground, and such fence shall not be erected within the required landscaped portion of any yard or the front yard setback of any commercial or industrial establishment. Sec. 106-798. Fencing and wall requirements for automotive wrecking, salvage Yards, junk dealers, etc. (a) General requirement. Every automotive wrecking and salvage yard/junk dealer/scrap metal processor yard with the city shall be completely surrounded and enclosed by a solid fence or wall which is at least eight feet in height. (b) Construction, maintenance of fence or wall. Every fence or wall herein shall be constructed and maintained as follows: (1) All fences shall be constructed of wood, masonry, corrugated sheet metal, chain link or any combination thereof; provided, however, that any one side of an automotive wrecking and salvage yard0junk yard/scrap metal processing yard shall be bounded by a fence or wall constructed of only one of the above materials. (2) Chain link fences shall be constructed of galvanized chain' link fencing with wood or metal slats or strips run through all links of the chain link fence. (3) All fences or walls shall extend downward to within three inches of the ground and shall test plum and square at all times. (4) All fences or walls shall be constructed in compliance with all applicable provisions of the building code of the city. (c) Use of wall, door or building as part offence or wall. Any part of a fence or wall required by subsection (a) of this section may consist in whole or in part of a solid wall and door, or walls and doors of any completely enclosed building on the premises, if such wall or door meets all construction requirements set forth in this section. (d) Gates at openings in enclosure. Openings in the prescribed enclosure which are necessary to permit reasonable access to said automotive wrecking and salvage yardstjunk yardstscrap metal processing yards shall be equipped with a solid gate or gates, constructed and maintained in accordance with the requirements for a fence or wall set forth in this section. Such gates shall be closed and securely locked at all times except during normal daytime business hours. (Code 1970, § M4-14(c)—{f)) Sec. 106-799. Construction, maintenance of electric fences prohibited. It shall be unlawful for any person owning or controlling any property in the city to construct, maintain or permit to remain on such property any fence charged with electricity. It shall further be unlawful for any person to cause any fence situated in the city to become charged with a current of electricity, to connect any such fence with a source of electricity or to permit any fence under the control of such person to be connected with a source of electricity. In any prosecution under this section testimony that any fence was under the control of the Supp. No. 4 CD106:89 A Meeting of the La Porte RECEIW.° Zoning Board of Adjustment APR 0 8 L l; 7 (Type of Meeting) PLANN��°-.......,. Scheduled for April 22, 2004 (Date of Meeting) to Consider Special Exception #SE04-005 (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: 614-wCr... 1 Pciui i,v Aya ;-z 6.cc A,, u `FI&e_ Owe ,o«±7 A h s .4 I am OPPOSED to granting this request for the following reasons: Name (please print) Signature Address City, State, Zip A Meeting of the La. Porte RECEIVED Zoning Board ofAdjustment APR 0 9 2004 (Type of Meeting) Scheduled for PLANNING DEPT. April 22, 2004 (Date of Meeting) to Consider Special Exception #SE04-005 (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: We'have m obiections to'the proposed variance or exception_ The fence that is proposed to be constructed will certainly be no more offensive than the eyesore located across the street at 417 S. 8th Street_ I am OPPOSED to granting this request for the following reasons: Am. Virlouvet (423 'S.'- 8th. Street) - 1105 Elm Circle Nam lease priest) Address U/(I Seabrook TX 77586 Signature City, State, Zip A Meeting of the La Porte Zoning Board ofAdjustment RECEIVED (Type of Meeting) APR 0 8 2004 Scheduled for April2%zoos PLANNING DEPT. (Date of Meeting). to Consider Special Exception #SE04-005 (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 OPPOSE tin this request for the followin reasons: � b re � b it L I` !emu f, pi %9&-J1 l3 YAvi wvsSlo�. �` `. old-. o tj Aor�F. rY QW.r`e , u�y e_r ; v LAM► -i' S,A►«e 0 i'�' �d �P+ V W I 60 I��-►� P�,j FD 2� e print) Address -7 7077- Signature City, State, Zip #SE04-006 SPECIAL EXCEPTION FOR 3118 FONDREN AVE. ENLARGE EXISTING FRONT AND REAR STRUCTURE IN THE YARD EXHIBITS: APPLICATION FOR SPECIAL EXCEPTION STAFF REPORT IC • EXHIBIT B - SURVEY/SITE PLAN EXHIBIT C - SECTION 106-333, TABLE B. RESIDENTIAL AREA REQUIREMENTS OF THE CITY' S CODE OF ORDINANCES CITY OF LA PORTE ' 2 'CONG BOARD OF ADJUSTME• SP ECIAL EXCEPTION REQUEST Application No.: — OFFICE USE ONLY: Fee: $150.00 Date Received: Receipt No.: Note: This Fee is Non -Refundable Regardless of the Board's Decision Applicant: ` Name APR -1 .2004 �. -�� PH: 21. lam the owner of the herein described pr er . I authorizedJeLi to act on my beha in this matter. Owner*:9~� , Name Address I am requesting a Special Exception to Sect. I ; " of the City Zoning regulations Chapter 106 of the Code of Ordinance. I am requestiIAAI- this Special Exception for property located at = � r 19 91JA&I I r1T' 7116 J.4 - 2 A.. _ 11_ _ I" .. // r Street Address r Site Plan () Major Development Site Plan .1 LeRal Des () Minor Development Site Plan () General Plan A Site Plan of the property is attached. Also, I have listed the in ration requested below on the following pages of this form. a) All facts concerning the matter that has led up t his r que b) The type of relief I am seeking (setbacks, lot co erage et '•` c) The grounds upon which I am making this re st. * If applicant is NOT the owner, he must provide Autho i fl on/the Own is eh Date L / Applicant' Signatur 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: Board's Decision: Approved () Denied () Notice of Boards Decision mailed to Applicant/Owner: 4./1 Staff Report April 22, 2004 Special Exception Request #SE 04-006 Requested by: Rich Rode Construction Inc. (Agent); Deobra Spradlin (Owner) Requested for: Lots 2, part of Lot 3 and South '/s or abandoned Street Block 20, Bayside Terrace Subdivision, Vol. 8, PG 65, H.C.M.R our of the W.P. Harris Survey, A 5, LaPorte, Harris County, Texas Location: 3118 Fondren Ave. Zoning: Low Density Residential (R 1) Backeround: The residence is situated on an irregular shaped lot. The property, because of its shape and position within the block, is a pre-existing "double fronted" lot, fronting on both Hamilton Ave. and Fondren Ave. The current house is positioned where the northwest comer is currently on the building setback line and a portion of the house already protrudes into the northeast building line on that portion of the property that tapers off to the North. The applicant has submitted a Special Exception request that asks for a deviation in the standard front and rear yard setback requirements in order to construct a porch on the northern side 5 feet into the Fondren Ave. setback (matching the current side of the house) and to enlarge the existing southwest portion of the house approximately 10 feet into in setback from Hamilton Ave.. The City's Code of Ordinances, however, prohibits such construction within the setback areas. Staff analyzed the surrounding area, and found that due to the irregular shape of the lots within the block, several existing, non -forming structures are present and the setbacks are not uniform. Currently non -conforming structures (setback) exist at 3118, 3144, 3146 and 3126 Fondren Ave. on front yard requirements, and at 3122, 3135 and 3139 Hamilton Ave. on rear yard setback exceptions. The standard front, rear and side yard setback requirement in residential zoning district is 25'-15'-5' respectively. Because this location is a "double - fronted" lot, however, the front building lines on the survey for this property both exist at 25'. This condition is further complicated by the irregular shape of the lot which severely tapers to the north. A portion of the house already protrudes into the setback along Fondren Ave. Board of Adjustment April 22, 2004 Meeting #SE 04-006 Page 2 of 2 This exception is being requested under the terms of Section 106- 19 1 (b)(2)(a)&(b) 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. ❖ A rear yard exception where the actual rear yard setback of any four or more lots in the same block does not meet the rear yard requirement of these regulations. 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. I 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 where such exceptions already exist, nor does it appear that granting this exception would be contrary to the best public interest. Conclusion: Granting the special exception would not be out of line with the existing neighborhood. The proposed improvements add value to the property, together with maintaining integrity both structurally and esthetically. Anneals: 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 211.011, 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. mow'._. } VIK N.T.S.. B ,le. - HIS An ! r • 1 `? Yam-. a yx' wr I .. , `t' $r,. ❑ e :t. ,q,e.,,,,,_'� Ili -• �"` � r ��i r �. s� 1 d `fir 11 �;A`.•^+1 I 4� 'py i +� T i ..? ' �� � +, '�� ,.. j' -.'�n.i x `""'e.i-�. �I« iY..+_ Sat �..�D .a(R�'"•t T" — .}.�s © VVIE#I .e '-tw. ' icy r•". _ ,+ram !4 4 - sr .r'+ 'R° q.7' mWP V EX-UPIT, -1 YrEN \P ,AER N&]�r-F"DR7'' . RECEIVED �I•L MAR 2 3 2004 J v �� R E C E': V E rR •I n x a � o y/ 0 o I olk o� a - A. 2. f}'• iZ \� veX,i�� ,/,doe r 77,E Cif `�� v> ':�;° ,`.-:'�,,,�+'� � •2� „•U`1' �� 4-_C7_ e aocl � ' .4f�ndod .�f a� 2 wand ff� �xXrth �: off• � •. �G g � �N' Psorf c!�C 60773 ci��cr•' d /i�. vo/ q7Z , pg. 2) Uiadineol beery `1X71e-2rMC/artYC/Ged 6�/ foie C'0��� ier '-p C'oc/rf /-/ar r-r5 6'oony, 3) fir fc Gay -owe ,ayM& is wifhin 00 ZONE DETERMINED BY GRAPHIC PLOTTING ONLY. WE DO NOT ASSUME RESPONSIBILITY FOR EXACT DETERMINATION. BEARINGS BED PLAT. SURVEY WAS BEEAD N COMPIRECO ED IN ACCORDANCE WITH INFORMATION CONTAINED IN THE TITLE COMMITTMENT REFERENCED IN GF NO. 952'3 _3 3G9� �e BLOCK SECTION SUBDMSION ,A160(/e 00 /L7 T�2Q =� yea � Flan and Is In lie In the Tao )RDATION VCz • 45, /-may: Cow COUNTY STATE SURVEY "�� •• m bested by the Fedual 4nuranm A*r&d*gdon dWyWed I" Hazard Area by Community Panel No. iER pc�,�,�,�� TITLE CO. /1E,2/T.4GL 485 487 O��7Sv MO,CTCs�GE Ti7Z-E CO • oy-28-yo dated �] I ' JOB NO. .. Sec. 106-333. Table B, residential area requirements. (a) 7hble B, residential area requirements. Maximum Lot Minimum Minimum Coverage/ Minimum Minimum Yard Site Minimum , Minimum Lot Lot Setbacks Area/Unit Development Landscaping Uses Area/D.U. Width L.F. F.R.S. Maximum S.F. Open Space/ Required S.F. L.F. °• a. 4. s- a• Jo Height 7 Unit AP ° Single-family detached 6000 . 50 25.15-5 85 Ft. 0100 --- 40%M/A 4.8 DU/A Single-family large, lot 48560 100 25-15-5 45 Ft. 48560 — 80%IN/A C 1.0 DU/A o 9b Single-family special lot 4500 40 20-10-0 85 FL 7300 Footnote 6OWN/A -J line, 0 lot line 6.0 6 1 DU/A Duplexes 6000 60 20-10-5 45 Ft. 8.0 Footnote 60*4W/A DU/A 61 Single-family converted 6000 50 20-10.5 85 Ft. N/A N/A 50% N/A to multifamily 9bwnhouses, 2000 .20 20.10-5 45 Ft. 4400 Footnote 75%/6% quadraplexes (10,000 s.f 10.0 6 1 of site area 100 ft. wide) DU/A Multiple -family 26000 100 25-20-20 46 Ft. .1600 200 609iJ6% 27 DU/A Manufactured housing 4500 40 20-10-5 25 Ft. 7800 Footnote 609U6% 6.0 6 1 DU/A N 0 G� ao. 0 w w • • • #VO4-002 VARIANCE FOR 10912 LINWOOD COURT ALLOW ADDITIONAL COVERED AREA EXCEEDING MAXIMUM LOT COVERAGE OF 40% EXHIBITS: APPLICATION FOR VARIANCE STAFF REPORT EXHIBIT A - AREA MAP EXHIBIT B - SURVEY/SITE PLAN EXHIBIT C - SECT. 106-333, TABLE B, RESIDENTIAL AREA REQUIREMENTS OF THE CITY' S CODE OF ORDINANCES EXHIBIT D - COMPLAINT FORM CITY OF LA PORTE RiE-CE IV E D ZO G BOARD OF ADJUSTMEN -- s 4 APR 200 VARIANCE REQUEST Application No.: OFFICE USE ONLY: Fee: $150.00 Date Received: Receipt No.: Note: This Fee is Non -Refundable Regardless of the Board's Decision name /49/2 �i�+Joac� Address 7/3-5 1? z_ 8/- 9 71- 7/'2 Phone I am the owner of the herein described property. I have authorized to act on my behalf in this matter. Owner*: worx-,L, Name 8 �9 -,f'a / p t•' /09iz `fti, oope/ 28/ -YZ/ - 7fJ-a--��--- Address Phone I am requesting a variance to Sect. of the City Zoning regulations Chapter 106 of the Code of Ordinance. I am requesting this variance for property located at _/4 1T/Z Legal Description (a'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 AuthorizatigWto act on the Owner's behalf. y-e Z - oV Date Office Use Only Site Plain 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 Boards Decision mailed to Applicant/Owner: _ nt's ature Staff Report April 22, 2004 Variance Request #VO4-002 Reauested by: Mr. Kevin Martin (Property Owner) Requested for: Lot 7, Block 25, Fairmont Park East Section 3, William M. Jones Survey, Abstract 482, LaPorte, Harris County, Texas. Location: 10912 Linwood Court Zoning: Low Density Residential (R 1) Background: Per the survey, this property is 6,600 S. F. The primary residence is 2,531 S. F. with an existing roofed patio of approximately 294 S.F. The total square footage under root therefore, is 2,825 S. F. This patio was constructed without issuance of a city permit. Per City Ordinance 106-333 Table B. Page CD106.47 (supp. No. 9), the maximum allowable lot coverage for single family detached dwelling units is 40a/a for this type of lot. The allowable coverage for the subject lot is 2,640 S. F.; 185 S F. over the limit. To be in compliance with city ordinance, therefore, the amount of patio allowable to be under roof is 109 S.F. The current structure of 294 S. F. under roof would have to be reduced by 185 S. F. This variance requests seeks to allow the current covered patio of 294 S. F. to remain in place. The owner states that a covered portion of patio only +\ 110 S. F. would not allow enough space for tables, chairs and gas grill to be used while raining nor have enough shade to enjoy. Owner also states that the installed, professional cover adds value to the house and does not encroach on any property lines or easements. Analysis: 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 Section 106-1 defines lot coverage as "...the area under roof on any given lot." 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 v, Z • • Zoning Board of Adjustment April 22, 2004 #VO4-002 Page 2 of 3 Conclusion: 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 public interest, Staff recognizes that the development of the property may create a problem with adjoining properties. A survey of surrounding properties shows that this non-compliance with the ordinance is not typical to the neighborhood. The patio was built without city permit and stands in violation of city ordinance. In viewing the specific grounds for granting a variance, Staff points out that the condition, as it exists, was the "...result of the applicant or property owner's own actions... contrary to the provisions of Section 106-192. We also find no grounds to justify "...unnecessary hardship because of exceptional narrowness, shallowness, shape topography, or other extraordinary or exceptional physical situation unique to the property in question." This lot represents a typical example of property within subdivisions throughout the City and very typical of the spirit of Ordinance 106. 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 would be contrary with the spirit of the ordinance in that all properties, by allowing only a 40% coverage, would present an open appearance and promote the health, safety and welfare of the general public. Variance Request #VO4-002 which seeks a variance for greater than 40% coverage of a standard 6,600 S. F. lot by allowing an existing, non -permitted, roofed patio of 294 S.F. to remain in place is contrary to the provisions established by Ordinance 106, Section 333. Furthermore, the parameters for the requested variance do not, in our opinion, appear to meet the provisions established by Section 106-192. Variances. While recognizing the circumstances associated with the property, the Board could consider: • Allowing the existing structure, put in at the owner's expense, to remain in place (variance granted) with the stipulation that a city permit is obtained at double the normal fee as allowed by the building code for a non -permitted work. • Allowing the owner to reduce the covered portion of the patio by 185 S. F. (variance denied), leaving a covered structure of 109 S. F. after obtaining a city permit at double the normal fee for a non -permitted work and the resulting structure, again, must meet Code. Zoning Board of Adjustment April 22, 2004 #VO4-002 Page 3 of 3 Appeals: 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 211.011, 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. 4 Or ,�� -. V'1 �� ! -- f+rMb . � � ■ yr- - � '} ' i'r.0„_,� 7--Vl __7 Jo r&d IR, "t- Ir- k...,� A 77 IR L Z-6E � IL49ele -W, 401 .� .�ME / jr i 44 *�SWA' ow 4 .Coot 4 4 All; lin rl r mvi: 7 4VIW a t Id �•r fj H ■e ��,s a 1 0 1 Rl\exhi jiT citydepts.\planning\p&z\v#i 02 10912LinwoodCt.d_* Nc:r Four4c: .4\4 WCX-X_) F951 LOT .38 VNEST 60. 00' 8' U. E. YV/7'XI6' A.E. c) c 5.35 iA Qj T 6 7 ONE. STORY BRICK I FRAME HOUSE (10912) 14. 81 c LOT 39 SEARCH. Nat Foumb FN0...4X4 VV000 POST A 1W 4 .405 OF CORNER 51 H. L. 4 P, E. 17FR &A H,C.0 tX,6444 RECEIVE"' MAR 2 LOT 6 - his- A, b Flkio .!1211- 1, . R. EAST 60. 00' F140 112" I.R. %n L I Alim W 0 0 D COURT.. .(50' R.0'.W.) PNYVISIMS FOR ZERO-L.OT LINES AS SET FORTH IN INSTRUMENT FILED FOR RECORD UNDER' HARRIS CCXJnY CLM'S FILE NO. J493739. .1-1� I., i. 4 P 1;�* Lm- jwGwNj, o T4E TIRMS. CONDITIONS AND STIPUATIONS OF LA PORIE AREA RATER AUTHORITY GRLAf-X by Off)INANCE NO. I795. A COPY:OF 10HICH HAS BEEN FILM FOR RECORD UNDER HARV15 COMI-Y CLERL'S FILE 40 L-826773. v.:A NAIVIENAW1. AS5f_v&K_4T(5) AND/OR SPECIAL ASSESSMENT(s) PAYABLE 70 FAIRMONT VwAv.D A,s 61,A1l' PAZ, EXlI FKAWZWNWS ASSCr-JAIJON, AS SET FORTH IN INSTRUMENT(S) FILED FOR -RI : - , 4Zr'lLJNV i-X5',Ai64uf? "CfX0 UNDER HARRIS COUNTY CA.ERK'5 FILL NO. J493739. AND BEING Ati AW'. H Lie. 1W.'r fit' [1 AZ"ITIONALLY SECURED BY A VENDOR'S LIEN RE:rAINED THEREIN. "CrQVINIS 1`0 FLOOD INSURANCE RATE A & 2 0 1 A oL.4 J N F.X,+ k. : .1 _C 0 F)A'I'W A.L,.si:-.q _� LIES WITHIN ZONE 6 THIS tRACT HEREBY SURVEYED AND J5__N_QT IN THE 100 YEAR FLOOD PLA I N1. THIS L-A!,!:t:;.1 ikfA RX, ,l'A'Tf.h4FNj 15 BASEV ON SCALING THE LOCATION OF SAID SURVEY ON pj T'HE :64W-WE REPFRENCED MAP AND 15 FOR FLOW INSURANCE RATES ANO NOT INTENDED TO IDENTIFY S.PECIFIC FUX)OING CONDITIONS. E N LENDER: GCUNTL'YWIDE MORTGAa Sec. 106-333. Table H; reaidentlal area requlrementa. (a) 7hble A residential area'requirements. ' Maximum Lot Minimum Minimum Coverage l Minimum Minimum Yard Site Minimum Minimum Lot Lot Setbacks . Ana/Unit Development "Landscaping rises Area /D. U. : IYidth L.F. F.R.S. Maximum S.F. Open Space / Required S.F. L.F. s. X •. S. e• 10 Height 7 ' Unit S.F. Single-family detached 6000 60 25-15-5 36 Ft. 0100 — 40%M/A 4.8 DU/A Single-family large lot 48560 ' : 100 25-15-5 45 FL 43560 — BOWN/A C ' 1.0 DU/A N 0 o Single-family special lot 4500 40 20-10-0 36 FL 7300 Footnote 60%4W/A gym- -a line, 0 lot line 6.0. 81 4? DU/A Duplexes 6000 .60 20-10-5 45 Ft. 8.0 Footnote 60%4W/A DU/A ii 1 Single-family converted 6000 50 20-10-5 35 FL N/A N/A 50%,rW/A to multifamily • Townhouses, 2000 20 •20-10-5 46 Ft. 4400 Footnote 75%/6% quadraplexee (10,000 s.f 10.0 Y 1 of site area 100 ft. wide) DU/A Multiple -family 20000 100 25-20-20 46 Ft. 1600 200 60fxm% - 27 DU/A Manufactured housing 4600 40 20-10-6 25 FL 7800 Footnote 60W6% c DU/A w 0 • City of La Porte Established 1892) INSPECTION SERVICES DIVISION CASE # CITIZEN ASSISTANCE FORM Violation Address/Location: Dc( I Z, w hWoo Sector. I Property Owner/Tenant: Mailing Address (if known): Nature of Complaint: Signature FOR OFFICE USE ONLY 3-z2-ny Date Complaint to be. Investigated by Inspection Services . Initials: �` . Case Type: U W O, Violation Type]( L ,� ,pection Date: Inspector Comments: () Forwarded to: Police Dept. Public Works Other - S.%CPSharc\INSPECTION DIVISION',ALL OTHER STLFFCude Enfurcement%Citizen Assistance Furmdac Rev 3-15-02 tit)d ��d.:triir:aunt.Ckwv. . t a P.,.,. -r..._ ..,. 0-1 C — A Meeting of the La Porte Zoning Board of Adjustment ' (Type of Meeting) . RECEIVED ED Scheduled for APR 1 5 2004 April 22, 2004 (Date of Meeting) .. PLANNING DEPT. to Consider. Variance #VO4-002 . (Type of Request) I have received notice of the above referenced public hearing. y I am in FAVOR of granting this request for the following reasons: U,Y�3o oY /yOJ Gdy�/Lir.O /�� 71®1 I am OPPOSED. to granting this request for the following reasons: C,, , Name (please p ' t) Sigma Address, X City, ttate, Zip . A Meeting of the U Porte Zoning Board of Adjustment (Type of Meeting) REC CivED Scheduled for APR 15 2004 April 22, =4 (Date of Meetmg) PLANNING DEPT. to Consider Variance #VO4-002 (Type of Request) I have received notice of the above referenced public heating. I am ' FAVOR f granting this request for the following reasons: U, L ( �,�e��v4 Lhas I am OPPOSED to granting this request for the following reasons: W VQA L Address . City, State, Zip