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Home My WebLink About04-22-2004 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment . . ".. ., . " I " MINUTES . ;: . .. .if ZONING BOARD OF ADJUSTMENT MINUTES OF APRil 22, 2004 Members Present: Chairperson Sidney Grant; Bob Capen, Charles Schoppe, George Maltsberger, an~ Alternate NO.2 Bernard Legrand " Rod Rothermel, Alternate No.1 Barbara Norwine" Interim . Planning Director,' Nicholas Finan: City Prosecutor, Clark Askins; Planning Secretary, Peggy Lee Members Absent: CitY Staff Present: 1. CAll TO ORDER. Meeting called to order by Chairperson Grant at 6:02 P.M. 2. APPROVE MINUTES OF THE JANUARY 22, 2004 MEETING. Minutes were approved as presented. 3. . CONSIDER SPECIAL EXCEPTION REQUEST #SE04-00S FOR 408 S. 8TH STREET, FURTHER . DESCRIBED BY THE HARRIS COUNTY APPRAISAL DISTRICT AS VOL 10, PG. 22 H.C.D.R., JOHNSON HUNTER SURVEY, A-3S, BLOCK 4; lOTS 28 THRU 32,. lA PORTE, HARRIS COUNTY, -TEXAS. THE APPLICANT, MR. MIKE KINSTLEY, SEEKS TO DEVIATE FROM THE FRONT YARD REQUIREMENT BY ERECTING A FENCE. EXCEPTION IS SOUGHT UNDER THE PROVISIONS OF SECTION 106-191(B)(2)(A) OF THE ,CODE OF ORDINANCES. . A. " STAFF PRESENTATION Interim Planning Director~ Nick Finan, presented staff's report for Special Exception Request #SE04-005. The applicant, Mike Kinstley, has ~equested a reduction in the standard 20' front y,ard setback requirement in order to construct a fence on the property Ii.ne at 408 S. 8t~ Street.... . Public hearing notices were mailed to 16 nearby property owners. Five responses were received in favor and one in opposition. Chairperson Grant swOre in Mike Kinstley. Mr. Kinstley stated that utilities are in the alley' behind the building; therefore he should not be required to grant a utility easement as suggested by staff. He has exp~rienced problems with "theft and wants the fence to protect his property. Mr. Kinstley previously responded to a letter the City sent regarding' a shipping container on the site, but never heard back from'the City. He feels the request by staff at the meeting to require removal of the container is irrelevant to his request for a renre. ' B. PROPONENTS Ms. Randi'Spence, 3126 Fondren, spoke in favor of the ~equest. C. OPPONENTS There were none. Motion by Bob C~pen to approve Special Exception #SE04-005 for 408 S. 8th Street, fl,lrther described as Johnson Hunter Survey, A-35, Block 4; Lots 28 thru 32; La Porte, to re~uce the ; <1 . Zoning Board 'of Adjustment Minutes of April 22, 2004 Page 2 . standard front yard setback as shown on the attached drawing. Conditions of approval are as follows: 1. Special Exception- shall not conflict with the maintenance of public utilities located within the property. . . 2. A ten-foot (10') utility easement shall be granted to the City along 8th Street & "C" Street right- 'of-way. 3. Fence shall not be sight bearing so as not to create any visibility concern for the safety and welfare of the general public and motorists. . (25' x 25' visibility triangle from the edge of the street.) . Second by Charles Schoppe. The motion carried. Ayes: Nays: . Abstain: ' Capen, Schoppe, Maltsberger, Legrand, and Gr~nt . None, None 4. CONSIDER SPECIAL EXCEPTION REQUEST #SE04-006 FOR 3118 FONDREN AVE., FURTHER DESCRIBED BY THE HARRIS COUNTY APPRAISAL DISTRicT AS VOL. 8, PG 65, H.C.M.R., OUT OF tHE W.P. HARRIS SURVEY, A-5, BLOCK 20, LOT 2, PART OF LOT 3, AND. THE SOUTH %. OF' ABANDONED STREET, BAYSIDE TERRACE' SUBDIVISION LA PORTE, HARRIS COUNTY, TEXAS. THE APPLICANT, RICH RODE CONSTRUCTION ON BEHALF 9F DEOBRA SPRADLIN, SEEKS TO DEVIATE FROM THE FRONT AND. REAR 'YARD SETBACK REQUIREMENTS IN ACCORDANCE WITH SECTION 106-191 (B)(2)(A&B) . OF TI:IE CODE OF ORDINANCES. ' A. STAFF PRESENTATION Mr. Finan presented staffs report for Special Exception Request #SE04-006. The applicant, Rich Rode Construction, on behalf of D~obra Spradlin, ha~ requested an . exception for property located at 3118 Fondren Ave. The house is situated on an irregular" shaped lot and is a pre-existing "double fronted" lot, fronting on both Hamilton Ave. and Fondren Ave. The northwest corner of the house sits on the building setback line and a portion of the house already protrudes into the northeast building line on the portion of property that ,tapers off to the north. The applicant has requested an exception to the standard front and rear yard setback requirements in order to qonstruct a, porch on the northern side fiVe;! feet into the Fondren Ave. setback (matching the current side of the house) and to enlarge the existing southwest portion of the house approximately 19 feet into setback from HaJ11i1ton Ave. Public hearing notices were mailed to 16 nearby property owners. One response was received in favor and none in opposition. B. PROPONENTS Chairperson Grant swore in Rich Rode, of Rich Rode Construction, 2211 Catalina, . Pasadena, TX. Mr. Rode noted the applicant want~ to extend: out 10 feet for a kitchen. Mr. Rode presented a drawing sealed by Surveyor John P. Horn. C. OPPONENTS Ms. Spence, previously sworn in, believes the corner of the property with the garage, is on her property. She showed a survey from a consulting engineer indicating such. Mr. Legrand questioned the City's liability if ownership is uncertain. Attorney Clark Askins stated the Board shoul~ only rule on the request for the porch and kitchen for the house. .. Zoning Board of Adjustment Minutes of April 22, 2004 Page 3 ;; ,j . Motion by Bob Ci;lpen to approve Special Exception #SE04.:Q06 for 3118 Fondren Ave., further described as'W.P. Harris Survey, A-5, block 20, lot 2, part of lot 3, and the south % of abandoned street, Bayside Terrace Subdivision, "La Porte, Harris County, Texas: Second by Charles Schoppe. The motion carried. . Ayes: Nays: Abstain: Capen, Schoppe, Maltsberger, Legrand, and Grant None .' None "5 CONSIDER VARIANCE REQUEST #V04-002' FOR 10912 LINWOOD COURT, FURTHER DESCRIBED AS BLOCK 25, LOT 7 OF FAIRMONT PARK EAST SECTION 3, WILLIAM M JONES SURVEY, ABSTRACT 482, LA PORTE, HARRIS COUNTY, TEXAS. THE APPLICANT SEEKS TO ALLOW AN EXISTING 256 S.F. COVERED 'AREA EXCEEDING THE MAXIMUM LOT COV~RAGE OF 40% IN ACCORDANCE WITH SECTION 106-192 (B)(2)(A) OF THE. CODE OF ORDINANCES. . A. ST~FF PRESENTATION Mr. Finan presented !)taffs report for Variance Request #\104-002. The applicant, Kevin Martin, has requested a variance to retain a roofed patio constructed without a permit, at 10912 Linwood Court. The maximum allowable 'Iot coverage of 40% is exceeded. Mr. Finan noted that staff is looking into possibly amending the Zoning Ordinance to increase allowable lot coverage. . Chairperson Grant stated he does not want the Board acting as an enforcement agency. He noted staffs recommendation for the Board, if approving, to consider doubling the permit fee, as allowed by the Building Code for non-permitted work. Mr. Finan assured Mr. Grant that staff would no longer bring enforcement issues to the Board. B. PROPONENTS Chairperson Garit swore' in Kevin Martin. Mr. Martin showed pictures on the patio he hired a contractor to construct. If a. permit was required, he assumed the contractor would have taken care of it. Mr. Martin is currently working with the City to put in a hot . tub and deck. As to concerns about drainage, he noted the property did not flood during Tropical Storm Allison.' .. C. . OPPONENTS Chairperson Grant swore in Doug Bryant, 10908 Spruce Drive So., who noted that there seems to be confusing infot,,!,ation from City. Inspectors. . Tammy Yawn, 10914 Linwood Ct., who resides neXt door to applicant, addressed the Board. . . Mr. Legrand questioned how long until staff reviews the amendment to increase lot coverage. Mr. Finan anticipated up to 3'-4 weeks. - Motion by George Maltsberger to approve Variance Request #V04-002 for 10912 Linwood Court, further described as block 25, lot 7 of Fairmont Park East Section 3, William M. Jones Survey, Abstract 482, La' Porte, Harris County, .Texas, to allow an existing 256' S.F. covered area exce~ding the maximum lot coverage of 40%. Second by Charles Schoppe: The motion carried. ~. ~ ! . Zoning Board of Adjustment Minutes of April 22, 2004 Page 4 . Ayes: Nays: Abstain: Maltsberger, Schoppe, Capen, and Grant Legrand Nc;me 6. STAFF REPORTS There were no Staff Reports. Chairperson Grant recognized Bi'l Chapman from the audience, who spoke favorably about the City's rece~t outreach attempts. . . 7. ADJOURN Chairperson Grant adjourned the meeting at 8:47 P.M. Submitted by, ~. - ~JI.-' pegg .- Planning Secretary Approved on lh~ ;)1 day of .~ ,2004. an , Zoning Board of Adjustment LOTS 28 THRU 32 'BLOCK 4 MAP', OF . LA. PORTE .. VOL, 10,' PG, ',~'2, H,C.DR. .JDHNS"DN HUNTER:'SURVEY, A-35 LA, PORTE, HARRIS' COUNTY, TEXAS -'-:-:--~-_. '-~"R:CARL 0 S ' S M fTFf SCALE. 1 '=2~:- '6)1 'ENGINEERS AND SURVEYORS. INC: CAD r'ILE: , P.O. BOX 529 l.23 N. HWY. 146. 3438-02 . LA PORTE, TEXAS 77571 SHEET. PH. (281) l.71-lo226 FAX (281) lo71-lo228 , 1 OF 1 DRA\lN, FLH PROJECT. 3438-02 .... ,," ~-._'~'" 'M'AR 0 4 ?,nn!. ~-,. OF" ~., ... .-..' ,\~.... .'\97_"'~~ I.. r {,<) ~ ~t"'. ',73~ ., .~':$ l:~~ ." u~.\ i;.:!.....reo.,~~:.:...':.)...:t"W'J,~ '{I JArJii:S f. BEC~ :~; "~""_I"_"'''~ 1.."'1:~'l"._. .,...,-=.rr!,/" . \.,; - -'':'' , CO '\~~. ~021 .;.'1:..' '"::rF- r~lt~}i;:; M~. _ M" _ ~~:~~~~ ;':~.::: ~.h"/~';: /.'~:~'II..:: ;(~'.~. ...~.:,.'; . . 2-13-02 'DATE' .- . ~ .." .:., Vffir~~. . JAMES F. "BECK, . , . TEXAS REGISTp~EO PROFESSIONAL lAND SURVEYOR NO. 2021 , . , NOTES: 1. 1 RACT SUBJECT TO THE Cln' OF' LA PORTt ORDINANCES. 2. LIES IN ZONES .X' AS SHOWN ON FIRM NO. 48201C0945 J. DATED NOV. 6. 1996: ' ',.'. . .... .. :. TO: M,~tiJ"'/ c:, 1C/'1.J,I/e.y . , I, JAMES 'F. BECK. DO HEREBY CERTIFY THAT THIS PLAT CORRECTLY ,REPRESENTS A SURVEX 'MADE UNDER MY SUPERVISION, AND THAT THE FACTS AS FOUND ON THE GROUND AT THE' TIME OF THE SURVEY ARE AS SHOWN HEREON. WITNESS MY HAND AN~ SEAL THIS ~'soAY OF ~,,~,/ ," 2oDZ- " " BO' R.O.W. We w C5 era: 1-...,.,. .. Ui ;.t :r :r: ~ I-~ '0) , .80' R.O.W. :J:: ). . I- ~ ----:,-- -g;-~.----- Z ,~ '0.. j:! Q) ~~ ::lg :.a'N <N" Cf-lN 0_ ~ .t:: ~ p., 0< o::l~ g fIJ Q) j:!..... Q) 8 ] .~ u~ 2 < , " (,041;, CQ'7i',tJC/~~'''H~' ' '''!~ '''~''.J .,.. r ,.. :J Kd1!J:'~~_ - - -.- - - ---- - - -- - - - --- .- FND. 5/8" I.R. 0.25' E:' SET 5/8" I.R. 27 6 . WEST - 125.00' 4 I I I I W A, ~.~ '.. -i.A:-'TT --.... :E '1 '. ::---- /I a: o .' -~I~ II~ . N .- /I ~ ~ ~ ~I/ 1/ II I SET 5/8" I.R. rND. 1/2" I.R. 0.12 "E 0.15' N 28 5 .29 - .~"'i~~ .... ~/Ll ~ 't.\.;\.;~\"o : _~'I. o~" - -'1.- ..~1~X ------ - (;j -' -' <( (Q:i ~:i J 2 1 -:i.:7i.~~ - 1 tV p', c 0r-~ P~c....<<"" I.-b c..~'17~n . .," n . _0.._ II~ Ll~ ~ I' I i, '. ........... o lO ~15 Q Llll. t- tct t'\;~,y.{'J \e,~ I \ [' , VOvr llly\C€ 'OiA-t-+~cv- itlhL . .\ ~~-~'\LIo- ~b.) +0 ~'f\~ . . . I ,I , Chu-tY\~ . l .'.., 'l' r,---J'6' R.O.W. -L -," , , f ! i (SHELL ROAD) o _lO ,'~ c! 0= 'c' STREET' -~ ci 0=' I. 4.te- /If ,.~~ . "OIl~~~..,op~ . . "O;'>>).:.f~ ~~8 ""'.,.~:., .. '..~""~l .. . "~IQ.f. ~. ,0 <(;v o w > w u W 0::: ". ~~ c:-:\ 0:: <( ::a: -..1" C.:;:l c:::> C'oI . \ - . . . . . .~.., #V04-003 VARIANCE FOR' o 2104 UNDERWOOD ROAD " ALLOW THE RETENTION OF A FENCE ON THE ' FRONT yARD SETBACK IN GENERAL COMMERCIAL ZONE . EXHIBITS: , . - 'APP.LICA TION FOR' V ARlANCE STAFF,REPORT EXHIBIT A-AREA MAPS . . EXHIBIT B-SURVEY/SITE PLAN " EXHIBIT.C-PHOTOS OF .SITE IN QUESTION' . , ", -EXHIBIT D-COMPLAINT FORM EXHIBIT E---SECTIONS .106-791 (FRO:NT YARD FENCES AND lQ6~797 (2), (PROPERTY LINE FENCES, IN INDUSTRIAL DISTRICTS) ; ? ICITY OF LA PORTE . ZON G BOARD OF ADJUSTMEN'P' 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 o ~ - Od:3 l(-g -Dlf '7 ~f{b{) Applicant: /J1t:7tJ lA~e C~/sn~ &L"t:IJJSP1'~ . Name ' 2)()11J/J"Db~W()OD 21/-47)-2((;77 .-' Address Phone I am the owner of the herein descri'bed property. I have authorized 'JAa:,1?A1h hHJolsoJ to act on 'my'behalf in this matter. ... (J~-x;,ey L J.Iof.;~f . Name' . L3B83~OOO} L-P' A,ddress ' Owner.: . 28/- tfil- 2G7 77 Phone I am requesting a variance to Sect. of the (:ity Zoning regulations Chapter 106 of the Code of Ordinance. d' /?, . I am requesting this ~ariance for property located at 2104 WOi:::-~d on I LA-- ~I!. rt . '.' " Street Address' , Legal Description () Site Plan ( ) Major l>evclopment Site Plan , ( ) Minor 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) AU facts concerning the matter that has led up to this request. b) The type of relie.f I am seeking (setbacks, lot coverag~~ etc.). c) The grounds upon which I am making this request. · If applicant is NOT the owner, he must provide Authorization behalf. 1-g~01 Date Office Use Only Site Phn and Authoriz~tion (if applic~ble) 'attached? Yes () No () Date tra.nsmitted to the Board of Adjustme~ts: . Meeting Date: Applicant Notified of Date: , . Notice to:surrounding property owners~ Date: Board's Decision:' Approved ( ) Denied ( ) Notice ofUoards 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 aU of the following conditions: . . .. 1) The variance must not be contrary to the public interest. . 2) Literal enforcement ofthe Zoning Ordinance must result in-a hardship. This hardship must be unique to the 'prOlJerty 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 Ordi.nance. 4) No variance that allows a use that is prohibited within th~ Use zone in question may"be granted. For exa~ple, a varia.,ce allowing a commercial use in a residential zone is not allowable. . Pll\ase remember. it is the Applicant's responsibility to prove. that a variance will meet the above conditions. . . "If th~re is no't adequate room on the remainde"r 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 MA TT~R: /0 ;; . . . 3 ? TYPEOFRELIEFBE~m:: ~ . l ciJ K . }O(; -111~ , , . ~HE GROUNDS FOR THE REQUESTS: . S:\CPShare\JNSPECTION DlVlSION\Standard Forms\ZONING BOARD V ARIANCE.doc REVISION 1012]/03 RYC '. ~ ~A^~"~ .aA.J.,., \ ~ HISD~ . W~'- k).ov,.v.~..- ~o'O . . , -F- ~ \l ~ ""'- V!jjo 'I. . C- (:.s--?~ "e City of L~ Po~te E.stablisJzed 18~ 2 ' "" :. 281-471-5020 Ext. 259 Buildmg Mechanical ~Electrical . .' ,.', *Plumbing *(See back .of form) " , Project Addr~ss: :2 I eLl- . U tl J fr. W'O 0 I Subdivision: '.L P' 0/ L s Owner's Name: N ~ L;-ti. c.Jtr/srU/II ,<'J, Lot: - Address: ~ frYl'l E Street , .~.77t.... 4/&) /J' 'frlLolP..5h.tp' &f LP (b:Pbcr,j, .=SOhflSCI/' Phone: :::#: 7/3 - .3 tJ:l ~ I~..s ~ - Ofl,... :il81-'171-.::J.6?P' City Zip Contractor:" '13'0.. S ,- 'f) ~1J n e R Phone: Address: Street. , , : ,City .Zip . Engineer: Building Use: '. ~v..'r-cA~r r~ ... >~~. Footage:. # StorieS~ r . . .~ 8 ;2{'jO~E ~~~~aJn- vbescnbew~ulreO)\..~t."I;.r"'\~,...,'l.. e'~._ . ~~~: (LJ 1 ~I'=~.-'-', .' ' . "F:~r .GityV~',Only., ..,.. .-" .<c,~ -Occupancy Type ~ 'Flocd z~rie' 'X : ' , ~i~ 'Wb~k" . f E. Sq. Ft.- Construction Type' ------. Use Zone G'~ . . . # Stories' .-- Parking Req - pate ht \4.S-T Taxes - eltC'e. ' Permit No. ' Permit Fee . Plan Check Fee: S:\CPSbare\Inspeclions\BldgPc:rmitAppIOlOJ.doc 604 W. Fairmont Pkwy · La Porte, Texas 77571 · (2~1) 471.5020 .. . . ; Staff Report May 27, 2004 Requested by: Requested for: Location: Zonine:: . Backe:round: . Analvsis: Variance Request #V04-003 Gregory L. -Holly (Property Owner), Deborah Johnson (Agent) . . . Harris County Appraisal District, TR 451A, La Porte Outlots, Harris County, Texas. 2104 Underwood ~oad (New Life Christian Fellowship) General Commercial (GC) The City of La Porte received a complain~ concerning a 4' wrought iron railing fence in the front yard of the New Life Christian Fe~lowship building. The church, subsequent to the City's inquiry, applied for a City permit on April 8, 2004. Permit was denied by the Building Official for being in violation of Section 106-797 '(2) City Code o( Ordinances~ Per Section'106-7.97 (2), "...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 establishme~t." This variance requests seeks to allow the current fence to. remain. in the front yard setback. . Section 1 06-192(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 106-797 (2) prohibits fences in front yard setback. . . 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, finandal considerations or caprice, and the hardship must not result from the applicant or property owner's own acti~ns; 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 recognize~ that the development of the property may create .a problem with adjoining properties. .. ;" . . Zoning Board of Adjustment May 27, 2004 #V04-003 ~age 2 of2 Conclusion: Appeals: ..... A survey of surrounding properties shows that this non-compliance with the ordinance is not typical to the commercial entities. " . The ZBOA's fmal cOIl$ideration is whether granting of this request, observes the spirit of the ordinance.. . The New Life Christian Fellowship installed the fence without notice or permit The applicants cite that the fence, in part, prevents the heavy truck traffic from damaging curbs, parking lots and landscaping caused by trucks using the parking lot as a turnaround. They also state that the. fence is painted the same color .as the .buildings, is non-obtrusive in the ROWs and will have.additionaJ landscaping added to the front. The . front yard fence is not typical of the surrounding establishments nor is it in a pre-existing status and, therefore is in violation of City ordinance. Request #V04-003 seeks a variance for the applicant to retain a 4' wrought iron fence installed within a front yard setback. . Safety is cited as a pnmary issue since the adjacent street conveys heavy truck 1ni:ffic. . The City received. a telephonic complaint about the fence and finds th8;t the Fellowship erected the fence without notice or permit. . The . parameters for the requested variance, .given the history of the property "and the safety issues involved may meet the provisions established by Section 106-192. Variances. While recognizing the circumstances associated with the property, the. Board could consider: . Allowing the existing fence, put in at the. owner's expense, to remain in place (variance granted). . Should the Board deny the variance, the fence. should be removed. It is noted that a gate across the driveway and proper landscaping could be put.in place of the fence to. serve a similar.purpose. 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 spy 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~ 1, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the .grounds of the illegality. Such petition shall be presented to the court within ten days after the filing of the decision in the office of the Board of Adjustment. .. '!I . . . ..J ~ - : EXHIBIT A . " "f':'.V~",':"#; ~,'::,~O" :4":':.~,0' -"0""'3' ':' , . " "..' P,'. , -" ~ --,.""--,".",, .'....I~~ . . ~. , . ~~!~\J..U. ~ --0 - . . . EXHIBIT B . 4':'::' '. k ~1. r.. ~~.. cJ1t'C. I'I.V. . c: Z' c m :D ,,-.... E .... 0 0 0 :::0 '0 0 ?E C '-'" :u 0 )l- e cJ1t'C. 2411 R.C.P. STOIlM SWR. 26.48 15.68 22.07 ~ I~ :;, ~ .', ,,~~;~><~..L:~'~';.:.::'/{~~:~:~~..:;-: ::::;.:: :,>:. :,. :';:" _'_'_'_ _......;...,i.. .11: .:....,. ~~J ., .'. .' J ; !:.~.;.i: '. ~4>".. !...; ... . N860 54117"E 42~,.1 01 <134.78 fNC PI' 180 49.49 .... . .-.'. . ".,'.:' .: ., ... bC, ~. )( . ~~ )( 23.85' 0"J ~. ~ ~~.:t 160.00 181 He )( . /. 166 - I . ~. 152' ~! )( 137 151 . ~~ .)( ............. HC ........ ........ 6. . .............~I. ~~"{. HC ~.2, . ?- $ r;;.~ ~..~ ,. '.~ .~~.. .... . ..... '1:1 . . '. <:'(V:l~::. ':. l.J .' .... "'<~';"..':".::~' ': .;:.:.:.~ ..,.~ /' , . '... ~ :.."./ . '. . .~~\\~' " yo. . y 185 HC ,0 ". )( "c; ~o"{. t' )00. ~ 1 \ 136 t'\-\ )oo.\. 1~6 )00. 126 HC 115 125 lt~J ~~"{ ; . fl~l~l~~;f:(t ~~"( ....... ::'t~!:. . :).;.. .::) ~ )(.... ~r . . ~I . 91.00 ';':.::. . .~;: "! .' .' 181.30 B~ :> .~ I 114 'lC~ LP Lp. 94 1C ... .. . ~ .:~ ": ;. ~ ...' " ~ I'. . ~~% ..'. -- 9-~ I:" 1 . . . . ':.. t ,'. .,-1 4 .. .. . . .';. .. \.o"{ "C; ~ to 1 to ~ )00. ~ 'I- \ 93 ~ ~ C. 8 C. LP ~ Lp. 1172 8~ 61 9100 . i~;[ ..r;' .... :......... ~--~~?t.:. ~ ~~~.'-~:\' ~_. ~n.: '~I' ~~:'Y;';' ~.,.. ," 71f :. '. ~{.~ i ':. ;-:,' '~":'.' :;. ;:~. :,'. ::~ ~.. .:.: . I I fND 1/2" IR I I I \81.50 BLOG . x...... '1{, x o{s. . .".... , = Q'lo 397.00 me ...'IJ', .10 . 428. O~ . SP '1& I' I 11.53' CALLED TRACTS "B" AND "c" 2202 UNDERWOQD GUARDIAN FIRE PROTECTION CALLED 2 ACRES FRANK. ADDISON 12-19-85 H.C.C.F. NO. K.3tt1394 , X ~,'~~X' ~ p>, C~ ,y;,..O:J.. - g f1.../ ~plM1 / , , ~~.f""". .:"i'..~""!"""~ .. .';""~"",:". ~ . EXHIBIT C . , . - t . . 2104 UNDERWOOD 3-22-04 . ! . : i EXHIBIT D . .~ . . City of, .La Porte Established 1892 INSPECTION SERVICES DIVISION CASE # Violation Address/Location: , , CITIZEN ASSISTANCE FORM dIDC;~~or' 3. Property Ownerffenant: MaiJing Address (if known): Nature of Complaint: x~. '3-9'-071' Date FOR, OFFICE USE ONLY Complainllo be:~eSligaled by Inspection Services Initial&' Case Type: Violation Type: , Inspect.ion Date: -InspeCto~ Comments: ( ) Forwarded to: , Police Dept. Public Works Other - S:\CPShare\INSPECTION DlVlSION\ALL OTHER STUFf',Code Entbrcement\Citizen Assistance Form.doc Rev 3-15-02 604 W, 'falrmont Pkwy. · ,La Porte,Texas 77571 . (281) 471-5020 4<( . .. - ... EXHIBIT E . " 7 . . ~ 106-773 LAPORTE CODE /<.:~>!\ '., .. I -. ~...- " (2) Co~struction and landscaping material currently being used on the premises; (3) Off-street parking of p~ssenger vehicles and light trucks, as defined in this chapter; . (4) Firewood, compost, or residential lawn and garden tools. Sees. 106-774-106-790. Rese~ed. DNISION 4. FENCING AND LANDSCAPING REQUIREMENTS Sec. 106-791. Front yard areas. No fences, structures, grading, or barrier hed~es 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 ~ase of large lot .residential lots, six feet perimeter. fences 'are permitted as an accessory use. In the case' of lots wi~h a front yard directly adjacent to the shoreline of Galvest.on Bay, four feet front yard fences are permitted parallel and adjacent to the side lot ,lines. However, such fences shall not 'be permitted on the front lot iine di~ectl~ adJacent to G~lveston Bay, and shall only be constituted of chain link. These exception,s do not permit structures, grading, or barrier. hedges. . "\ .' ) Sec. 106-793~ Fences in side and rear yards. Within side yards .and rear yards, fences of not higher than six feet excluding six-inch rot ~oards and ~alls 42 inches high or less shall be permitted. 'Sec. 106-794. 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. 106-795. Maintena.nce of fences. Both sides of the fence must.be maintained Ul good condition by the owner. of the fence. Sec. 106-796~ Barbed wire fences. Barbed wire fences shall not be permi~ted, used or constructed except in industrial districts or to control livestock as hereinafter provided. Supp. No.9 CD106:88 '. (j~{, ,',' ::- . "~ . ...../ -...~..<:...- ) .' .' l..:t~ .' ZONING . ~ 106-797 Sec. 106-797. Property line fences in industrial dist~icts. Propelty 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 ~ay have arms projecting into the applicant's property on which barbed wire Supp. No.9 CD106:88.1 . . . . 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 landsc'aped 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 yar4s, junk dealers, etc. (a) Gene~al requirement. Every auto~otive 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) Cons~ruction, maintenance of fence or wal~. 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 li~k or any combination thereof; 'provided, however, that a~y one si~e of an automotive wreckirig and 'salvage yard/junk yard/scrap metal processing yard shall be bounded by a fence o~ wall constructed of only one o~ 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 of.fence 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 requiremen~s set fonh in this section. (d) Gates at openings in enclosure. Openings, in the prescribed enclosure' which are necessary to pex:mit rea~onable ~ccess to said autom~tive wrecking and salvage' yards/junk yards/scrap metal processing'yards shall be equipped with a solid gate or gates, constructed and maintained in accordance with the requirements for a fence or w~ll set forth 'in this section. Such gates shall be closed and securely locked at all t~mes eX,cept during normal daytime business hours. (Code 1970, ~ 123/4-14(cHf)) Sec. 106-799. Construction, ,maintenance of elec~ric' 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 conn~ct 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. tes~imony th~t any fenc~ was under the control of the Supp. No.4 CD106:89 , ~ . . #V04-004 " VARIANCE FOR 9501 DRY DE"SERT WAY ALLOW ADDITIONAL COVERED AREA EXCEEDING MAXIMUM LOT COVERAGE OF 40% EXHIBITS: APPLICATION FOR"VARIANCE STAFF REPORT EXHIBIT A-AREA MAPS EXHIBIT"B-SURVEY/SITE PLAN EXHIBIT C-HCAD EXTRACT 6053:8 EXHIBIT D-PHOTOS OF SITE IN QUESTION "EXHIBIT E-NEIGHBORHOOD SITE PLANS EXHIBIT F--"-SECTION l06-333,-TABLE B", RESIDENTIAL " " AREA REQUIREMENTS OF THE CITY'S , CODE OF ORDINANCES " ~ a CITY OF LA PORTE . ZONMG BOARD OF ADJUSTMEN" V ARlANCE 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.: -r; rn -I- ~ -r2. 6-SA "13 wc.C I-{ A iV L rJ Name q SO ,. D~'I7)~~~F~+ lJA: Y Address. Z e ( - ''150 -II 08' Phone I am the owner of the herein described property. .1 have authorized to act on my behalf in this matter. Owner*: ".'S~~ Name' 5'~". . Address ~ .A-- t;" Phone. I am requesting a varjnnceto S~ct. Jo".. ~33 of the City Zoning regulations Chapter 106 of the Code of Or~inance. rtLlJle. 8 I am requesting this variance for property located at q 5" Q I Dre. '( . 'Dt:;-s (~I Street Address L.. to + 2- I () I I) c. Ie::. 3 I 5" i c 2. 5 l.A. ..... "'" C:~ W , ~ S Legal Descripti~'n Site PIa n ( Major llevclopment Si~e ~Ian . () Minor 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 r~q~est. * [{applicant is NOT the owner, he must provide Authorization to act on .the Owner's belialf. . 4-/)t),of ". '.' ..". ~P1A~' Date Applicant's Signature " . Office Use Only Sit~ PI:lD ~nd Authorization (ifapplicable)'attached? Yes () ~o.() 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 Hoards Decision mailed to Applicant/Owner: ., ,. \:" <C. 2 A varian.ce is a " deviation from the literal provisions of the Zo~ing 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 ~nterest. 2) Literal enforcement of the Zoning Ordinance must result in a hardship. This hardship must be unique to the property in question, Property that i~ undevelopable due to its. . u.nusual shape, narrowness, shallowness, or topography constitutes the primary example of hardship. Hardships that are financi~1 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 cOlI'!mercial use in a residential zone is not allowabl~. ' . , ,Please remember it is the Applicant's'responsibility to prove that a variance will meet the above cond.tions. :. . , If there is not adequate room on the re~ainder 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: See fJ-H-/1/'.krneYJt' i . .. . 3 ':: ~ TYPE OF RELIEF BEING SOUGHT: See. If &('tr Ih1Pvrf' THE.GROUNDS FOR THE REQUESTS: ....9a {)itt1r~.~ S:\CPSbllre\INSPECTION D1VISION\Standard Forms\ZONING BOA lID V ARIANCE.doc REVJSION 1012]/03 RYC . . . . .. · We live on the comer of Dry Desert Way and Desert Run in the Summer Winds Subdivision in La Porte, Texas. In April of 2003 we ~uilt a patio cover on a pre- existing slab on the back of our house. The patio cover is 387 sq. ft. We were not aware, at the time that a permit was needed for this construction since we did it ourselves. The city inspector recently notified us that although the patio cover would most likely pass an inspection, still we were issued a citation for not having the.patio cover permitt~d by the City of La Porte. This citation requests that the . patio cover be removed. At that time. we discussed with the inspector as to what measures were needed to be taken on our part to correct the situation. . The inspector now explained that based on Section 106-333 Table-B of the City Zoning regulations Chapter 6 of the Code of Ordinances we only.have allowance for 3,315 sq:t):. which is 40% of our lot size of 8,288 sq. ft. The inspector informed us at this time that our house. alone was 3,314 sq..ft., which only leaves us 1. sq. ft. for any type of improvement. . We were shocked at this new revelation. We do not. understan4 why the builder did not inform us of this situation prior to us signing and closing on our house (Feb.2900) knowing full well that most people including ourselves would build some type of shed, dog house, or patio cover i~ their back yard. We were planning and hope to be able to fo~low through with plans to build a shed in our back yard forstorage in the near future. We also wonder how the builder was able to build this same floor plan on the smaller lots down our street and in .C?ur neighborhood arid was able to get their permit approved by the City of La Porte prior to the builder doing their construction. By buildip.g this same floor plan on such smaller lots, results in those houses being in violation of the same ordinance without any addition being done to their homes. (See attached Harris 'County Appraisal District Map) . It to.ok us three years to save our money to be able to create this patio and it would tak.e a good sum: of money to.have to. tear it down and repair the roof on our house: The patio cover does not protrude any further. ~haD. our house and is not visible . from any common area, therefore, it is not a hazard nor. eyesore to any neighbor. We are asking for a variance 'on the Building to Lot Ratio Ordimmce so that we may be able to enjoy our investment. Attached you will find several photographs of our patio cover. in question. . Please take the time to look at these photos.and consider our request foryaria,nce. ': <!' . . ...... .,. Staff Report May 27, 2004 Requested by: Requested for: Location: Zonine::, . Backe:round: Analvsis: Variance Request #V04-004 Mr. T~ Buchanan & Ms. Teresa Buchanan (Property Owners) Lot 2, Block 3 of Summer Winds Section 3, W. B. Lawrence Subdivision, William M. Jones Survey, Abstract482, La Porte, Harris County, Texas. . 9501 Dry Desert Way . Low Density Residential (R-I) Per the survey, this property is 8,288 S. f. The primary residence alone is 3,314 S. F. , with the addition of an existing roofed patio of approximately 387 S.F. The total square footage under roof, therefore, is 3,701 S. F. This patio was const:rll:cted without issuance of a city permit. -Per City Ordinance 106-333 Table H. 'Page CD106.47 (supp. No.9), the maximum allowable lot coverage for single family detached dwelling units -is 4.0% for this type of lot. The allowable coverag~ for the subject lot is 3,315 S. F. With the patio cover, the residence is 386 SF. over the limit or at 44.65% coverage. To be in compliance with city ordinance, therefore, the patio, cover would have to be removed. - lIDs variance requests seeks to allow the current.covered patio of387 S. F. to remain in pl~e. The owner states, that they were unaware of the 40% requirement and were not informed by the builder at closing. They also intended, in the future, to build a storage . shed in their back yard;' Staff recogmzes that the patio cover was done in a professio~al , manner, enhances the appearance of the property and does not protrude beyond the house itself. they state that it would take 'a good sum of money to tear the patio cover down and repair the roof on the house. They further ask relief .from the provision of the Section 106-333 to enjoy their investment. . Section 106-192(b)(I), in the Code of Ordinances, defines a variance as a deyiationfrom t~e 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. tt;) the property on wh!ch the variance is granted -Section I 06~ I defines lot coverage as "... the 'area under rqof on any given lot." Except as' otherwise prohibited, the board is empowered to authorize a varimce 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 win result in unnecessary hardship beCause of exceptional narrowness, ~halloWness, shape, topography or other extraordinary or ,. ':" . . . . Zoning Board of Adjustment May 27, 2004 . #V04-004 Page 2 of3 Conclusion: excepti~nal 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; ~d .:. That by grantirig tQe variance, the spirit of the chapter will be observed. In detenninirig 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. Staff reviewed the site plans of the surrounding properties . . cited by the applicants as being "...this same floor plan 'on the smaller lots down our street and in our neighborhood..." in regards to obtaining city building permits. We found that, based on the floor plans and size oflots, these residences range from 38.1 % to . 39.9% coverage. The issue of the 40% coverage is. being discussed with the Planning and Zoning Commission to rec~ive guidance and input. A survey of surrounding cities is being . conducted to see how they handle issues of "roof coverage" and "impervious cover" in . . .... regards to open space and drainage. Inltial responses place coverage betWeen 50% ~d 55% with some .cities including all paved surfac~s in the equation. Staff will formalize the findings and report to P&Z and ZBOA. The ZBO.A.'s final consideration is whether granting of this request, observes the spirit of the ordinance. Variance Request #V04-004 which seeks a variance for greater than 40% coverage of a standard 8,288 S. F. .lot by allowing an existing, non-permitted, roofed patio of 387 S.F. to remain in place is contrary to the provisioils established by Ordinance 106, Section 333. Furthermore, the parameters for the requested variance do not, in our opinion, appear t~ meet the provisions establi.shed by S~ction 106-192, Variances. While recogr$ing the cjr(:wnstances associated with the property, the Boafd could consider: . Allowing the eXisting structure, put in at the owner's expense, to remain in place (variance granted). .. . Should the Board deny the variance and given that the house itself is within 1 S.F. of the allowable coverage of 40%, the entire cover of the patio would have. to be removed to be in compliance. ; . ":' '. Zoning Board of Adjustment . May 27, 2004 #V04-004 Page 3 on . As per Section 106-196 of the Code of Ordinances of~e City of La Porte: Any person or persons, jointly or severally, aggrieved by any decision of the Boar~ 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 Govemm~nt 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 tq the court within ten cl8.ys after the filing of the decision in the office of the Board of Adjustment. . . . Appeals: : ....... I ;" ~ " . ': ~ EXHIBIT A . ?' ~ . . &:U~#jt.d~~:~:@;:(l4t . ,,".'., .rJt...../7f:;,.t, ..;'.;:; ....-.o.r::,. . ... .;,..,~. .,.:>. .. ..,..:.....~:..,.s.~.....J:....r.;-:~: ~-1: ... ..... _.,.".'.~~'.~: ~,.......~ ::"F".~'I-' '.~''''I!l....'I.. .~jilln . a ~RTTc::\("rTV "",P6DTMI=NTC:\Pl 6NNTNf:\P It 7\\lMn4-M4 ("Inc.. II" 6..,;"'1....", MtvlAI nl:/1nnnn4 n~.'''.1l: Pl\IJ \\TN"IU\N~rPI=("nIIv . EXHIBIT B. . '; . MAP , )( , ,. ~ \I N . \0 ~ OR PLAT RECORDED IN ~ C, Lf 2 5 I 0 ~, /"-1- ~ /l. 'j f. C o,./V lIT" IV) Ih? (U:--i!;~r: Declaration Ie mc;d. to original .S.,. of the IUrvey. It Ie not trari.rercbl. taelonal Inltltutranl or lublequent awnerL Survey I. YOlld only If print hae ol leal and IIt;jnatur. of IUrveyor. , '. Bearings based on recorded plat. . ' Found or sst Iron rods at all comere. LOT,SUBJECT TO RESTRICTIONS AS RECORDED IN F.C. 425103 OF THE MAP RECORDS AND UNDER CLERK'S FILE NO, T958571. LOT SUBJECT TO H. L. & P. CO. AGREEMENT AS RECORDED UNDER CLERK'S FILE NO. T958433. -g PAt Ie? / Ii "0 C DV ri t.. / I / c . lOt-ell .3B1' ,. Pt. ~ ' :;, ~ " \JQ t ~ ci z. a. o :2 < :::E w lL. o t- O' C =0 L- .0 U U < C . ~~ Cl..ii: "OC o ~ ~O lL. L- ag ~>- -' g< .....c IIJ.Q ~"O E CL- :CoE ~-= "0 IIJ 0 ~o ~ ~.1II ~~ ~IIJ Cllll ....::::J u eCit t- .s lIIE , .- 0 ,~~. .~. ,~ ~ ~. h ~ ~ ~ 3 0' --~---~~~~~---~~---' 2 24.05' .~ .~ 7/'; ... I ./ -..i. CD o. '-8 ai co .- o jW") o n o (/) '/ 'STOlZ. -'T" 81Z I c/< in ~ ~ z ss.O 5.00 j; 25' B.L. " ';.0. 04.. 0-- N' iii No S 86"56'59"' W, '55.00' 9501 DRY DESERT WAY SU R VEY OF LOT 2, BLOCK 3, SUMMER WINDS SECTION 3, HARRIS COUNTY, TEXAS - - - - .. . - - - _.. -. _. - . -. - . .-'- 4 .1 I ~ I --;;r 'r '!. s. e" -{'" ./ BHlBll' II . . . EXHmIT C . . . '.Je~c::.':~" ~ E FACET 6053B 3 7 v,... SCBle 1" = 200 PUBLlCAnON DATE: Au.uot 2.. 2003 . N w+ , S' . 4 8 12 2 6 10 1 5 9 0) o U1 W ~ I\J .; ':J lJ t:; " .:cb '~ .7 . ~ \ :101 8 · \8 ... '8 N 8 ~ ~ ~ ~ ~ ~ ~ III ij ."00 ...00 \ ...00 1 ",ao - A RES c..~. ho~e ,,0 v.. tL _.:.. - -"- II .. ... -. .:. ~-, ~- 68 \ 18 1;111_;;1"-1 iF'."iIiIii ------~"!'--- ~ ~\~- ,Qli.5 I .. 'lIal1ll11iiiUlI_1 ~I!i PECAN CROSSING i 118-7491 SEC 1 .. ~ BARTON iii01 8 I ~~. . . - o \. o EXHIBIT on 0 0 . . .. ~ ..... :. =1 :J1 f ...... ." " ~'. . , I'i lit . EXHIBIT E '. . . . . .-- '. CERVELLE HOMES) -"-':", -~-~_._-.. ......,...-."-- I N- C ," -. -- -. -. -" ... 207 E. EDGE'WOOD- FRIENDS'WOOP, TEXAS 77546 - , SCALE: 1'= 20' 65.00 lE,' U.E. 25.83 10 PA no 1 s,. ~ "7b (") (\J ci . _ (\J .-. ...... ru Cl o Cl 153.1 PLAN .. 1/ A II ,5 6 5 CONCRETE r DRIVE 5.16 -------- --- 10' 'WLE. 10.21 ' 54.80 4' PUBLIC \JALK DESERT RUN DRIVE vfir N 3610DE:SERT RUN DRIVE LOT 3 BLOCK 1 SUMMER \JINDS SEC, 3 LA PORTE) HARRIS CNTY, TEXAS ~'.~,~:,: ; . . ... -.,: ~'. !-.- . .~' .. '... ~ , . 'C E R V E-L L E 207 E. EDGEW'OOD FRIENDS\JOOD, TEXAS HOME S) . 77546 ~'._~~'~~------Tj\rC~"'~"~~'-"'~-'---"'~~~ .-'--.'-'.': '-"-"-,---....,. ".-.." .....'........" - . . . ',' .. SCALE: 1'= 20' 65.00 .16' U.E.' . 10 . ~,' ': ""' .', , " 'r PATrD S41'1~ .... ,.' ,..:....' ";.' ,~ ." . 1\): . 0 . ,0 '. Cl . .' ,.- . '. . - /"\) , Cl o Cl , . , , , " . . .::'. ~.~.. ,'.' '153. 'PLAt\1 . .. .' '. '..:" .J 'I " ': '(":"" '. '. .', , " ., .' , ,~ ........... ,,'. . .... ". 5 , , .' , ,. . "':' 5..' : . . . . . " .;:., ..... ,",' ' J-- J. 1.:J . .'. '::'" 25~ B,L: .... .. ." ". .' .... I . CONCRETE .' .:'. ...... " . 0 . ..... .'.. DRIVE . ,:....:.: .~'~L:.2...~.~~.~..~~-1--- . . I. . to'..;~ oLE'i, I . -'. .. . " 65.on l:J . I 4' PUBLIC \JAlK n '-+1 ) . :r: " I \11 r,r-(""oor-r-="T ~I 1:".1 T"'rl"""\T"\ /1 uc....:.c...r:. I r:.UI'l U;';,! 'I c... 3614 DESERT RUN DRIVE I nT LL PI nrv 1 LLJ I I L'LLJ'..J'., .I. <:' I I t\Ar\lll n \ . IT 1\ I II <:' <:' I r 'I -..> U I . I I . I L.. I " V'I J. I " .J.) -..> ...:> L.. ~ . -.....) I b, pnPT~ W6PPT<::' r1\ITV T~Y.6<::' 1.- I I I L.-J I.... I L.-) I I I I I ... I .... 4 .,_' ,__ I "I I I , I L..- I \ I t-....J ~. (~~ N , . . CERVELLE HOMES) INC, . . . '.' '. 1 ~: ~~!: 207 Eo EDGE\JOOD FRIENDS\JOOD, TEXAS 77546 SCALE' 1'= 20' .r..::?... ....:.;. ~ ", ," .'~~. ";', ..~..~; \.. "'. . :~~j~ts · :!::~~.~~~:;.;.: :'. ~:i"~...,:.. ~~~J'~. ~.'. ,- ':" .' .....~ ';:-:i~~.'''. . ;~", . '~C':'<.". 3626 DESERT RUN DRIVE '.~'.~. :~':.i- :.'.: . ~~(~../-: LOT 7 BLOCK 1 ';~i~}~...: ~;-;:"" ". . SUM MER \J I N D SSE C. 3 .:litj{;)<~::..,~.:'..,. LA' PORTE) HARRIS CNTY, TEXAS 16' U,E. -- 10 PATIO l( S - - ru ru 0 0 0 0 0 0 153 PLAN "K" - -5 5- - I : r6 25' B.L. I l CONCRETE t DRIVE 25 3J --- -. - -' - - - - - - - ---- - ----- 10' V.LE. 65.00 4' PUBLIC '" ALK ./ \... 65.00 9.~ O]() "-:'.,' .,. ~... . "." .. .: .;" ." ":,;',:'1::' , DESERT RUN DRIVE N . '"f' " , . "I. '"'. . . .".: '. ;:'~~?; ,', - '. . .' . CERVELLE HOMFS) , If\JC, . 207 E. EDGE\./OOD FRIENDS\./OOD, TEXAS 775.46 SCALE: lA= 20' ~4~"~':.:';' ~...:-_... '(i'~_' '. . '65.00 16' U.E. U2 10 c M PA no 10 ..... ..... ru I'\J ~ 0 0 b q 0 153.1, PLAN "I" " 5- - .. " -' 1--5 I I 'f6 ,25' B.L I ~ CONCRETE t DRIVE 25 3J --- --- r- -- --- ---- - -- la' \..t LE. 65.00 4' PUBLIC \..tALK / ~~~. .. -:S9'~~b DESERT RUN DRIVE 3634 DESERT RUN DRIVE LOT 9 BLOCK 1 SUMMER \JINDS SEC, 3 LA PORTE; HARRIS CNTY, TEXAS N ~[l~tf:~;':~;' CERVEL~ 207 E EDGEVOOD ~iJ.i;"<,:",, " r FRIENDS\.JOOD, TEXAS l~W~l:~,':'; , H 0 fvI c... S) 77546, 1::>-~._n'INcn ------,..c~----, --6~~O~--'- - -. -. ~ :':~' ."' ".' ~.; ~." . '. SCALE: 1'= 20' " t ~:. . :. . ,..., .. : ..' " " , [6' UTILITY EASEf\'IENT .. " " .. " .. " " , - .. " " , " " " " .. .. , .. " , " : .' .. " .. ., .. , "" " ; .- " .. " " ..' " ,> LO ", .' ..' .. '" , " w ," ~ PATIO .. .. =5, " ..' .- lC .. .. ", : .. " .. : in : " : " " .. , ,I ,", " .. .. : \0 (]'\ r-- 1 ~ '").' P L A N .. r-- ri ~'....)' ri (\J .. (\J .... , /I K .... " , " .. - -5 5- - I I r6 25' BL I , , CONCRETE t DRIVE 25 3J 65.00 4' PUBLIC \,/AlK I \,0- , , " .' , EAST DE~ERT DRIVE . N .... DRI\/E ':' 6 ,~, (~ E A <:: Ti ~J r-,('" E R T ,--I r./, 'oJ t.~... LOT 19 BLOCK 1 SUMMER \JINDS SEC, 3 LA PORTe, HARRIS CNTY, TEXAS 3g-.7~~o, I f!f'\\ \~ . ~ .... . ... ..... " " , .. ..~: :~:~.:. . : :,.' ~ , 0.... . . . . ... :.... . CERVELLE '. HOMES) ~-:-~~.~:--... ..... IN C , . \ . I ::. . . . ;.~. .', ... " 207 E. EDGE\.IOOD FRIENDS\./OOD, TEXAS SCALE: 1'= 20' 77546 65.00 " " 16' UTILITY EASEMENT - - .. 10 PATIO 10 \0 ("'J r-.. r-.. M M cu C\J 153 PLAN - - 1/ B II W ::j If') 5- - - -5 I I r6 - - u I u ~ 25' B.L. CONCRETE f DR I V E 25 3J 65.00 4' PUBLIC \,./AU< \.. 38,1~7o EAST DESERT DRIVE 'N 3633 EAST DESERT DRIVE LOT 18 BLOCK 1 SUMMER \JINDS SEC. 3 LA PORTE) HARRIS CNTY, TEXAS "<'L,{,\>L ,,/,;,;:;;.:~ ,.,'. ;.~:': ' , , . :~ .:):.:t.:.;' :r.........:.:;.:: . .'C" "E R' V-, E L L-,E- . ,,'. ',:207 E. EDGE\JOOD ) . ,- -. " ~ .. ..",' ,~. . . . T ~ :::",('~'>,).~,{j'.::;'<:->:';':~liD M't,.S' '. .... ~~~~~DS\JOOD~. EXA~ 'SCALE: 1'= 20' ~~(;~j,!;{;:;~,~~r ~~~:" ~ ~_~'~c_ "~5~G '-,' -- -- , - --- 9 ". ;.... . ; '. ~. .. . . .' I '::\F:<t..,':~:::.' , ' '. , . '.', .' lE/ UTILITY. EASEMENT- . ;,~;?{';.{'.. '::',~:: ~:.:.: ~ '. ' ~~~"(~! ' " ~:.~r,-i~>.::. ,~. '. ~ . .', ,- . ~ ,.; '., ".. .~. ',: . ..... ... .":''-'':. "0 . 0' . ~ .~ .'..' ..". '. ..., . - ,(Xl C'1 OJ . - ~% ./S:'~l.o' ..', .' -, . : ...' '<;' ~ M (U " , . -,' .152 PLAf\J .. .. ,-IIFfl I'..~ r " 5 6 L CONCRETE DRIVE 65.00 oJ 4' PUBLIC 'WALK EAST DESERT DRIVE ) L-.J '.N 3621 EAST DES~RT DRIVE LOT 21 BLOCK 1 SUMMER \JIr"-lDS SEC. 3 LA .PORTE) HARRIS CNTY, TEXAS "1;.':fI'.~ . Ir~~: ~ . ~.,~~.~ .. : (~:~~.: ;"... . .-~ .' , . .,t..... . .. .. - ........ . . . . . .. ,. . '. . 'j f ~~: CERVELLE 207 E. EDGE\./OOD '.'" , FRIENDS\./OOD, TEXAS .' . ..' ,'SCALE: 1'=' 20' HOME S) .' '.': 77546 '. ~: , :. . <.... . ...-.'-- .......~TNC-!. .u ----:.....----.".-,.-.-.-- ~-:-._._---....:~::-\::-~----~~.--... .... .:". i--' .:" ' . '. . . . . ~; I..... '.:: . . . : .. . ~, .' :. 65' 00 . ' . .. ", .. .. .. , .. .. .. , '. .. . : '. ., .... .. : : .' -. .. " '. .. " .. " '. -. .- '.. .' .' : 16' !JTILITY E.As~~~N( '. : ,. ....... .' ." " '. .' . : .' : :. " .. ", '. , .. .' ,. : , '. ',. .. .. '. .. ..' " .- .. 10 " '. PATIO 10 " U- \0 (Xl M CJ' C\J : co - cvi ; 1 5 3 P L AN C\J - /I A II, , W ::) l!1 5- 1-- - -5 I r6 u ~.L~ 25' I CONCRETE .t DRIVE 25,13 3J 65,00 4' PUBLIC \J ALK \ . .. '" . ~ , . ..... ':' " . ", .... .. .' , .. ~ .... . .. " :.: . . ': : ~ ~ . -' ~.~ .'';,' _..__a...____....~._~...______....,..-..-..-..-a-.. ......_---~.....- EAST' DESERT DRIVE ~8 .71 '1b . " . , N~ 361~ EAST DESERT DRIVE LOT 23 BLOCK 1 SUMMER' \v'INDS SEC. 3 LA ,.J~ORTE) HARRIS CNTY, TEXAS' . . . ..' .: ,'.- '.~" .' '. .' . . ". '6'~'." .... . . (;-'f -- . . - :-_:~;:';T';~.0':\ A~!::',':.:". CERVELLE . 207E,' EDGE\JOOD .' ."<<.:,: <::';.:. :,":':':':-:.' .:Kh ...... HOMES . FRIENDS\JOOD, ,TEX~S, '. ....... ~.S'CA'LE:'l~= ,20' ~...~-.;:).:: . . ) .' .775.46.. . .' :. . =t~~"""~l~'..:' --;"'TNC .:. - -_. '-' '--'''''--~'~- ~~ ~~'-.-~~"'" - ..--.-.,--.-. - "". '. --"~~.-~'.:~ --~:- .~.~ .~.~ :. - ' ~. . li1~"" ." ,.' ~~}.;'<':,.' . . j!tl.1<.J...~-. .,' . ~f<.~:..:::...:.... . ~~..."... . '. ~:<~:. .- 65.00 '. . . ." . 16' ,WTILITY. EASEMENT .' . . .'. .:..: . ":. .' 3.5 . ",' s~.( 0 ?" (]\ cq ("') (\J - LJ , ::j . (\J ~ ("') ('lJ '. 153 PLAN If') " L II REVERSED .1 5 CONCRETE DR IVE 5 25' B.L. 25 65.00 4' PUBLIC WALK ., \.. L... EAST DESERT DRIVE 'N 3609 EAST DESERT DRIVE LOT 24 BLOCK 1 SUMMER \JINDS SEC. 3 LA PORTE) HARRIS CNTY. TEXAS . EXHIBIT F. ,. ( . " ,. .~-:-.,,,,,~' '-............... Sec. 106-333. Table B, residenti~l area requirements. rn r:: ~ ~ z p (.C . }'laximuln Lot Coverage I J.linimwn Landscaping Required 9 1l1inimum' pevelopmcnt Open Space I Unit S.F. Minilnum Site Ai"Ca./ Unit S.F. '? Minimum Yard . Setbacks L.R F.R.S. 2, 3, 4, 6. 6, .10. residential area requirements. . . Minimum Lot Width L.F. 50' AI i nimw/l. Lot Area/D.V. S.F. 6000 Table B, (a) 40%/N/A 9100 4.8 nU/A Maximum Height 35 Ft. II, 12. 13. U. 15 25-15-5 Uses 8 Single-family detached 30%/N1 A - 43560 1.0 nU/A 45 Ft. 25-15-5 100 43560 Single-family large lot N o z ...... z o 60%/N/A Footnote # 1 7300 6.0 nUlA 35 Ft. 20-10-0 40 4500 Single-family special lot line, 0 lot liue C':l t:l ..... o CJ) ;p. -:.J 60%/N/A 50%/N/A I.'ootuote # 1 ~/A 8.0 nUlA Ft. 45 25-20-20 60 6000 Duplexes Single-family converted to multifamily . 75%/25% Footnote #1 N/A 4400 10.0 nUlA 35 Ft. 45 Ft. 20-10-5 25-20-20 50 20 6000 2000 rfownhouses, quadraplexes ClO,OOO s.f of site area 100 ft. wide) 60%/25% J..'ootnote #1 1600 14 DUlA 45 Ft. 25-20-20 100 20000 Multifamily CoO< I-' o CJ) I t.:l c.v t.:l 60%/6% Footnote # 1 7300 6.0 DUlA 25 Ft. 20-10-5 40 4500 Manufactured housing ~ .~ . . .. #V04-005 VARIANCE - , .FOR 1802 NORTH IDGHWAY 146; REFRIGE~TED . CONTAINER SALES (RCS) INC. ALLOW CO~TAINER STACKING TO EXC~~D TilE . MAXIMUM HEIGHT AND ALLOW LESS THAN 30 FEET SIDE SETBACK . EXHIBITS: APPLICATION FOR VARIANCE STAFF REPORT . . EXHIBIT A-AREA MAPS EXHIBIT B-SURVEY/SITE PLAN EXHIBIT C-CITY OF LA PORTE LETTER DATED 2-25-04 EXHIBIT ~RCS FAX DATED 3-31-04. . EXHffiIT E-CITY OF LA PORTE LETTER DATED 4-7-04 EXHffiIT F--'-CITY OF LA PORTE LETTER DATED 4-23-04 EXHIBIT G-RCS COMPANY HISTORY - EXHIBIT H-RCS ZONING PERMIT #98-014 . EXHIBIT I-RCS IMPACTS CONTAINER STACKING . EXHIBIT J-RCS IMP ACTS SOUTH PERIMETER SETBACK EXflIBIT K---SECTIONS 106-522. & 106-522 (b) 8, TABLE B, INDUSTRIAL AREA REQUIREMENTS . EXHIBIT L---CURRENT INSPECTION STAtuS . '":I . OFFICE USE ONLY: ZON.~O.LAiD OFADJiiSTMEN~ V ARlANCE REQUEST Application No.: Date Received: . .Receipt No.: . This Fee.is Non"'ReCundable Regardless oftbe Board's Decision Fee: $150.00 ';' . Note: Applicant: . . RtFRlyERATEl> (bJ//AidEi? SLev/~ /H"c: . '. . , ~ Nam~ . ,4(1JD1t.7F 2.!)I<;sl-,SS7. L;I()2 ~7 /~bM...erH . /"i-47/J-/~ Addres$ .' Phone . I am the owner of the herein described property. I have authorized R 1)('& ltlLL.tXlL..* to act on my behalf in this matter. . ~ . . .I,..r~-pA r? ~,;.);;/;ih,o~ L!L,o I Name. . . /b &% 15/9 L~A:J~i~A77S7;, . Address! &tr f[iJrI~€ ' Owner.: ;:? t!'/- '..970';" J 9;l t.j Phone . . I am requesting.a .variance to Sect..I6Z'1 '. I r of the qty Zoning regulations Chapte~ 106 of the' Code of Ordinance. . .' . . . . .' I am requ~sting tbis variance for pro~e~ty located a~ ./~~,;;2AvI ~~eT# .' Street Address 785 5; i "ZP,)IJA 8A 9A t 1/tJ 4M-n?ACr~ ~ pr/&ON ", , -' . L{gal Description. . . . () Site Plan' ( ) Major l>evclopment Site Plan ( ) Minor Development Site Plan ; Ot General Pla~ A Site Plan of the property is attached. Also, I have liste!! tbe 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! am seeking (setbacks, lot coverage, etc.), . c) The grounds upon which I am making this request. ." If allplicant is NOT the owner, he must provide Authorization to act on the Owner's behalf~' . . ~>/ t".:?"O~ . .. . #- . . . / Date . ,. Applicant's Signature . Office Use Dilly S~t~ PI:m and Authorization (if applicable) attached? Yes 0 No () Date transmitted to the Board of Adjustments: Meeting Date: . Appncan~ Notified of Date: Notice to surrounding property owners- Date: Board's Decision: Approved ( ) . .Denied ( ) Notice ofUoards Decision mailed to Applicant/Owner: ~. . ,;. 2 'A variance is a " deviation from the literal provisions ofthe 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 ZoniJ:lg Ordinance must result in a hardship. This hardship must be unique to the property in question. Property that is undev~lopable due to its unusual shape, narrowness; shallowness, or topography constitut~ the primary example of hardship. Hardships that are financial in nature or due to the owner's actions cannot be granted. ' 3) Granting tile 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 r~idential zone is not allowable.' , ' . P.case remember it is the Applica~t's responsibility to prove that ,a, varianc~ will meet the above conditions. -.' , "If there is, not adequate room on the remainder of this Corm to list all pertinent information, please Ceel Cree to attach an additional letter or'amy information and exhibits you feel the Board should consider. FACTS RELEVANT TO THIS MA TIER: ;It ARc. ?c(yJ1F5'nN't7 /WD SEj)EAArE I- ~/J7/NCr tAft/AWL/!. &ttYU~S~';, . , .A~' Ah'L/~An~ h~'~M~i: ~d~1I !b~m/Ale/!..J?-Az:,K/N'~' 8, Jl?PLiL'A77e:>V AJi. 1AJL/~GE:.. ~rH R.eI/lfeTb!- 5'Er8/IC4l' h~/~Of6JT .~ t .' . 3 :i. TYPE OF RELIEF BEING SOUGHT: 4/ /f6~A-~-S 77v /h/A- ~~f1I/~<r /.a-t- ~MU /P -'~ q?{1W .J7/k/L//c;'; (j),' Ak, 'bQN;.fT ,/~ ~b/ d/ ./h M7/,/tL /&I~;y,P'E ReYT/Lh~TE-L> % ~$Q/i -57A~/AI'f - ~r A 390' (nOT) 4'L~.A "T~-r $"A.;c.~ ~ ~.N~V . . "/ /1/17///-, hc..~->~jry'~ ~o/~d.r7':g~, ~/A./~7b? 10 L/#~ 1V#/L.t!.~WhVy 7/IE ~HA.lN'~ o~ ~/~~/' J?~ AuL;iJ6-~ ;to hY~ Au .f'~'1'. @,/I' gf~PJ ~ ~ ~P//Ke7&A- ~ra~ ~~,p(hALAbffS; A/e /f2t1I//f.5:."/ ~ 7-dE' //4/,1r /A-Q//rTA-/~ Ji!7 #~ 4u/~.&!A// '~~fi;At'r' // ~/~~~r, ;/1,' 4EL/ 0/ TH"E /Mftt:)'Yi;' h p)1k;~~ . ~~tp///~~Mr. ' THE GROUNDS FOR THE REQUESTS: //1' ~;I2'~€R in c//t!-Cno/t:LV ~.P 7h'~;ft1d?/k/ ..YTA:TE 7,te /'.tJi::o . rJF~J/... (!~I!; :flE~V'6fi>~kJ? .,{' hu .h/~:iL/ /ti,L -!~:kif6-<.l_- · ?t6is~ . ~ 7D 'LIP. .khM" ~ ,fpu- ~d . f tV/<- ft4U~JT. ! . , . S:\CPSbareUNSPECTION DlVISiON\Standard Forms\ZONlNG BOARD V ARlANCE..doc REVlSION 10/21/03 RYC '\ ~ . . .: Staff Report ~ay27,2004 Variance Request #V04-005 ReQuested bv:', ' ReQuested for: Location: ' Zonine:: Backe:round: Joseph P. Cwmingham FLP (property Owner); Mike Alecock, Curt Bo~e (Agents) 27.5112 acres of land being the residue of a called 40.61 acre tract filed as No. J285701 out of the Enoch Brinson Survey Abstract No.5, La Porte, Harris County, Texas. .1802 North Highway 146 (Refrigerated Container Sales,,INC.) Light Industrial (tI) , '(he City Council of the City of La Porte directed strict enforcement of the provisions of City Ordinance 1501-ll, dated March 27,2000, in Februafy 2004. This Ordinance has also been codified into the appropriate Sections of Ordinance 106 (Zoning). In response, the Director of Planning, on February 25,2004, sent all Shipping Container Yards notice of enforcement and' copies of Ordinance 1501-ll with instructions to bring the yards into compliance. The City, was appropriately contacted by Mr. Mike Alecock acting on behalf of Refrigerated Container Sales INC. and a coordination meeting was held on March 5, 2004 when the standards were explained to Mr. Alecock. Additional time was granted for Mr. Aleeock to produce a site plan. . On March 31, 2004, Staff was requested by Mr. Alecock to cond.uct a site visit at two container yards, 910 N. Highway 146 and 1802 N. Highway 146. These were conducted , on April 7,2004. Only I!linor adjustments were required .at the 910 N. Highway 146 site and this site was subsequently brought into compliance on l\priI23, 2004. ' The' April 7th inspection, however, rev~aled major concerns in regards to compliance for the y~d located at 1802 N, Highway 146. A letter was sent on April 7th citing'that the front screen requirements aDd the south side setback were not in compliance with the ordinance as well as a violation by having containers stacked more than 4 high.. It was stated that the issue' was one of safety and, therefore, not a consideration for "grandfathering". Given that the applicants felt that they had a ''physical 'hardship" based upon the configuration of the drainage and spacing of the yard, a copy of Section 106- 191 (Special Exceptions) and Section 106-192 (Variances) were also sent as an ,attachment. On April 30, 2004, RCS presented a packet to Staff for review. Thi~ packet contained a proposal to bring the front screen requirements into compliance and requested a variance for the south perimeter setback and a variance from the 4-high container stacking requirement. On May 3, 2004 an application was formally submitte~ requesting relief from the provisions of Section 106-522 (b) 7. of the Code of Ordinances (9riginally. Ord~nance 1501-In which limits the stacking ofshippingcontiriners t'o four containers in, height; and from the provisions of Section 106-522 (a) of the Code of Ordinances establishing the minimum yard side setback at 30 feet for the southern portion of their perimeter. ~ ti f . . Zoning Board of Adjustment May 27, 2004 #V04-Q05 Page 2 of 4 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 .106-522 (b) 7. of the Code of Ordinances" as a Inatter, of safety, limits the . stacking of containers to 4-high and Section 106-522 (a) of the Code of Ordinances establishing the mini~um yard side setback at 30'feet. . Except as otherwise prohibited, 'the board is empowered to authori~ a variance from a requirement when the boar4 finds that all of the following conditions have beeninet: , , .:. 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 ex~eptional physical. situation unique to the specific piece of property in question. "Unnecessary hardship" shall mean physical hardship relating to the property itself as distinguished from a hardship relating .to convenience, financial considerations or caprice, and the hardship must not result from the applicant or property owner's own actions; and . .:. .That by grantiJ?g 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, it must be restated that the City Council determined the maXimum secure height for container stacks .to be 4-~igh and established the setback requirements to further enhance public'safety. The ZBOA's final consideration is whether granting of this request, observes the spirit of the ordinance. . RCS states several factors impacting the stacking of containers at the 1802 N. HIghway 146 site: . Space. Given that the setback requirement lef:ives 12.3 acres of usable area, the stacking of 4-high, based upon typical ~ventory, would require 16.8 acres of property~ . The property cOD:tains several integrated retention ponds to eliminate drainage issues affecting adjacent properties. The re-stacking of. containers would alter the design of the site. Ii ~ . . Zoning Board of Adjustment May 27; 2004 #V04-005 Page 3 of4 Conclusion: Appeals: . Truck lanes have been asphalted for dust control. }i'orcing containers to be stacked on them may cause dust issues as truck are forced off the lanes. .RCS proposes that an alternative would be to maintain the 4-high stacking for 300' adjacent to the western property line which is the only part of the yard facing public property. Their intent, in conjunction with a 90' TxDOT setback, is to maintain a 390' "safeo/ zone" on the only portion of the site that has exposure to public property and allow the remainder of the site to stack containers over the limit. Res also cites factors impacting the side setback requirement of 30' on the south side of . . the perimeter: . The setb~k of 30' eliminates the use of a truc.l,c.lane for the actual loss of 61,200 S.F. should the containers be set back into the lane. . The Global industry standard accepts the practice of storing containers in large "block or groups" for hurricanes an~or tornados. . The adjacent property is .an industrial business with no access to the general public. . The City Council of the City of La Porte renewed efforts to enforce the provisions of '. ordinances governing container yard and .ordered City Staff to . vigorously apply the approved standards. Pursuant to this effort,. the RCS container yard, by inspection, was found not in compliance with the front screen requirem~nt, the stacking limit of 4 containers. high and the south side setback requirement of 30'. RCS submitted a front screen plan that is being reviewed, and the request for variances on the stacking limit and the side setbac~ requiremen~. . These issues are determined to be safety related. .' .While recognizing the circumstances associated with the property, the Board could consider: . Granting the variances and accepting the RCS proposal to provide a 390' area of containers stacked in accordance wi~ the. ordinance fronting on the public side of the property and allowing the remainder of the yard to be stacked 5-high; and accepting a 10' side yard setback on the southern perimeter .fronting an industrial site. . Deny the variance thereby enacting the provision of the ordinance as instructed by City CounciL A consideration for thls course of action would be that RCS would reduce inventory on site to comply with' stacking and setback requirements safety requirements Without impacting drainage. . 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 Boaid of Adjustment, or any taxpayer, or any officer, department, board or bureau of ~e city may present to a coUrt of record a petition for a writ of certiorari; as provided l;ly V.T.C.A., ... J . . ~ Zoning Board of Adjustment May 27, 2004 #V04-005 Page 4 of 4 . 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 illeg~ty. 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. '; , . ~ EXHIBIT A . . . ~mu@[1j ~ . . . .. EXHIBIT B . 10 of I VI d ~ f.1 ~ i \ff: J.c:J ,..,.,r,.. JI- II.U.""""" N 1l8"28~~:~:'","" S'. lOr- n NUMBER OIRECTION LI 5 03"20'19" W L2 5 06'03'32" W L3 5 03"00'32" W l4 5 0:;-:19'10" W L5 5 01'44'32" E L6 5 16'5.]'31" W L7 5 14'31'00" W l_~--=-- ~_g~_.~~~~_",_ L9 LIO Ln LI2 L13 L14 LI:Io L16 L17 L18 L19 L20 L21 L22 5 DI'59'19" W 5 D4'D3'51" W 5 01~19.16.. w 5 D2"27'25" [ 5 06'40'39" E 5 14'31'12" E 5 lT37':Io2" E 5 09"0I'4D" E 5 16'48'54" E 5 11'33'52" E 5 D2"3D'33" E 5 '15'56'16" E' 5 28'40'3D" E 5 36'41'16" E __.... .~.~.....__.._......____..........._._"'..___..____......_......_.lto~_I_____ .." I~ ..... . ..... "::;::;. 1 ". ,.....r . 't) .... ~ ~ DETAIl. CIUID ...., ICIIE. WC, AI ..... DIll 1UlIwn. IMlID NlM:MIOI ., 'In . :un:;:fJ" "~I..IS ) / ( .,t. . ,,"" .,t. ".,- .".,-# # .... ."~" . 1;/ .fru ed' l'~ il III id' . ~" ili' "ij 27.5.11 ACRES OR . 1 .198.388 SQUARE: f'EET INQ.UDIC '.IG ICItl'I 011 JI.nJ IGUAII( I'tn _'I'COIfI"'. II'SI"I.- . IJI. . .1' .- I[ 1..1.1' -- -~ :::'I..._~'" ~~~. : .#" ,;+ net. 1.1t I IIn ..... "7.110 w.".. .no I 701"" . ... .... .. I. DETAIl. IIQIttM lllC " c.u.ID la II CIII IIUCt . r~t.~::.t IDJOI. ,) ,,- ( I , ! 1 \ [J.!f ! ;} /'..:_.. I iP .;-.~.~: 1 'r:u/:: : . ,. .;:.;....,.<.. V....... U*ii - -t ...~....~.... .~..; ; If'.:::"'.... . i /. ;:';.:" ..:: i 1 .... ". ; 1 1.....<' .'''' I I I.~~.~\;/: d ::..::.::~.~~.~:. i , s.'/" / i :. 1'1 ' 'ParOl...... . ..." ';. ! . ""'A_ ,... I. It;~/ ~:~~~,. I' 11(:"::' , /<1. I i~. .~ I 1 :',:-.:.... I ';" I ....0; .::; ".#. .." .,..C <I~ " 17__ .,t.. ".. } I AREA ENCLOSED WITHIN fENCE 24,565 ACRES, MORE OR LESS n II II . ; . .,t ~~. .... '.. J..t _. ,"""..... ", "''''''''.1 : <fo.' . ..... ...~ II '0' ....... c.. ..... II..... """>11 .,. .... ~ .... ..nOt NO. ~...-3IMI-. . . _ ~.. -1IJo-. .... "-cc.t. lID. N..ottlr' . .. . . ...~ ... II : #. :. .... '.' JL' .~ = == = = = =..= == = =.= == = = = -:-......~_ -;.-:J . .. =-:= .:r. - ""- .-.r' ,:r r__"ICI. , ""- '"' ..- .... ...... " :~ ::::r~'" ) / ( . # ".,- ~ ~ ~. "~ ~ , ~\ . 31 t ~ -8' . ".,-#. .,t .,,~ . . -~>' ",.,~Q, ~o~ ~ ~,~... A,~':'~I.'~. ,A, ,- ~~c.~w- ","" : ~; ~ ~. ~ ~ ~. . """':f':-~O"a;r .. . . .,;"". ..cr..' NIl. .".... ~.... '''\ . OUIt ....,... otCRn CbImII' l:r~'_. ,JfJ/ItIII cw..,. GIIIMrUI OUII. lIUtI .......L ... WI. ..... ......L ...c.C.'. NO. "-HeDI . DaItD:..... .. ,,1ft DI51ANCE 17.35' 51,47' :ilD.19' :ilD.47' 72.92' 66.99' 59.30' - ..4.7.. 'J':'-"'-"" ~2.D5. 75.57' 8D.25' :106.511' 98.97' 71,:103' 7D.411' ~1.23' 93,73' 42.34' 52.85' 35.D4' 40.41' 54,28' -&6~~~1O~--~~--';'--=-- P"1......- --'-' Scale ,". = 60' I, THt IIt.VIlrlGS I'OIl 1HIS S\lIN['I NIl IlAS[D ON THt \'ESIING DUD IItCOIlDED UNll[R HAIlR's COUNTY ClLR.'s i'll[ NO. ..'a~7D'. . 2. 1H[ SI!8J[C1 PllOPERn' HAS llIRtCT IOCC[5S TD ]HE STATE H1CHWAY Itl flIDNTAGl: _ ON lit[ lIUT 5IDI: or lit[ PRDP~RIY 3. PDllnONS OF THt: lAST SIll[ OF Tit[ SU&l[CT '1lAC' LIE WI1H1N ZN At. A SPECIAl. FUlDD -.. NltA wmt A 1105[ Fl.llOll tLtYA110N OF '3 FEET ....... THE IlllI 'rolIl F\llOll ZONE. AND 1H[ wt5ltllN I'OImClN OF T.:t SUBJECT PllOPERIY LIES IN ZONE "If'. AN AlItA Ilt1tRll1I1tD TO 8E DUlS1lll: lit[ 'lllI 'rolIl FlllOll PI.Qt. AS 50 FllR\H ON r.[...,A. FLOOD INSUIIANCE _ NO _IlC03Aa G FOR _ CClUNlY. 'UAS AND INCO":"llRATta MEtS. Dil'ED '/28/ea. A. 'HE tASEYENlS _ ON nos ....., HAvE NOT 8EEN SUIl\/tYtD ON 1M[ GIlllUNll, ItOWMR. ,~ lDCt.'1llNS SHOWN _E",,[sEN'S \HE 8ES' EFFOR' OF 1IlIS SUIllItYllR lASED llN AV..-r IIAPS AND CElli.... INSlIl\Jll1NlS OF 1ltCORO. 5. SUII.lECT TO NI UNlDCt.ltl! ...EUNt tASElltNl AS _'ED 'a '[NN[CO OIL COIl'_ BY INSlIlUIIENT(SI RECORDED IN WLU"E 1a1S. 'AGt '41 OF lHE DttD RtCOR!!5 OF _5 ClIUNl'r TDCo\S. I. SOURCE OF ntYAlIllN FOR 1M[ 13 roo, caNlDUll UN!: IS N.G.S. _"[H1 a"A. EltY, 23.744 1'"71 .1. H. CARlOS surrH. H[RE1JY CERTIfY TO:'''!lI.....IrIINT VF'NTURE THAT 'HIS SUIIY[Y WAS IMO ON TH[ CHOUNO ON OCTOBER '8, ..... ""T 'H'S PlA' CORRECtlY Rt""tsENlS 'HE rae.s r...... A......E 'IIIE or SUII\'[Y AND 'HA' THIS 'IIDFESSIDNAL SERVICE CQNFDIl..S TD ]HE CURIltNl TEllAS SDC'tIY a' PRDI'[SSIllNAI. SUIlVtlDllS 51_ AND SPEClncA'lONs'rDR A CAlI:GDRT I&, CDNIIITIllN 2 SURVEY. EICE" AS NOTED. ;:zf ~ --cU H. CARLOS SMfTH R.P.LS. , 1228 I .- .. - -4' t:o 1/)/'.1/" ~# 'J ./ ( ..-~_--... v . ...: .:.~ ~ ~~.'.. ~~>.~~.): I:.~~::.;~~ .& '. N W*i " ,. g, . >- ( m 0 l- . Z u ( '1 z ( VI. .. -- .f - PLAT SHOWING A SURVEY OF 27.5112 ACRES OF LAND, BEING THE RESIDUE OF A CALLED 40.61 ACRE TRACT ~ DESCRIBED IN HARRIS COUNlY CLERK'S FILE . NO. J285701 AND BEING OUT OF THE EN.OCH BRINSON SURVEY ABSTRACT NO.5. HARRIS COUNlY, TEX~ . 6) II. CARLO. ..ITH ENGINEERS a SURVEYORS,INC, P.D. IDX 521 - 02J NDR1H HIGHWAY 'AI ... PllIIlE. Tll 77571 (71JI 071-4221 ____ ..........>M~ A""..:,a.__ 7:4c..~IIJ1f.A. "......... ~ .. . EXHIBIT C '. . ',1 . filE CO-PY City of La Porte Established 1892 February 25,2004 The RCS Group 1802 N, Highway.146 La Porte, TX 77571. , Subject: Shipping Container Ordinance Dear Sir/Madam, As you mayor may' not be aware, the City adopted an ordinance regulating the stacking, landscap~nglscreening, and placement of shipping containers. within the City limits of La Porte, A copy of Ordinance ~o, 1501-TI, dated 03-~7-2000, is attached for your convenience; Please take a moment to review the ordinance and cJeterrnine if you are in compliance, If " you are not in compliance at this time, we are requesting your compliance \'Vith the requirements of this ordinance, The ordinance will be st'rictly enforced, so be sure to read the ordinance carefully to comply with all requirements, Please notify our. office in writing so that we may schedule'an inspection to issue a . certificate of compliance within 30 days, When notifying us, please note if your containers 'are locked tog~her when stacked, .With respect to the landscaping . . requirements, please contact us within ten (10) working days so that we may schedule time to approve your landscaping plan in accordance w~th Section 6(b) 1 of the ordinance, In addition, staff will be expecting berms as a part of th~ landscape plan in accordance with Section 8 (d) o.f the ordinance, If you have any questions, I may be reached at (281) 471-5020, ext, 232. I will make mys~lf available to assist you, Thank you, lattachment c: Mayor & Council . Debra Feazelle, City Manager John Joerns, Assistant City Manager John Armstrong, Assistant City Attorney 604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020 c; i .. .. . EXHmIT.-D . _ ,I MAR-31-2004 16:47 FROM:SPE~IA~ED TANK SER 2814706032 TO: 2814717168 . P.1/1 Refrigerated Container Systems 910'Hwy. 14;6 North · P.O, Box 1568 · La Porte · Texas 77572' , 'Ph, (713) 47()'1925 · Fax (713) 470-9792 . ., ; -4 To: City of LaPorte Planning Department 0313112004 Altn: Wayne ], Sabo Fm: Mike Alecock Ref: Your letter of march 30,2004 Dear Sir. Please .note that J met wi t.NictiolasPinan and Masood Malik in early.March.to discuss the originalleller of February 25, 2004, I'm sure these gentlemen will confirm we have ma4e contactllnd have not ignored this issue. I had_also been in contact wjIh Masood on .several~ccasions.since _then .attempting to schedule a second meeting. .' , However. to expedite this issue, we would .Jilc;e .suggest that we .schedule an .inspection of our sites on April 6, 2004 at 1 :30pm, I will call you tomorrow to see if this tirpe an~ date is acceptable to you, BenRC~ ~Ck .;. .. . . . , EXHmITE . ~ . . i CITY OF LA PORTE PLANNING DEPARTMENT 604 W, Fairmont Parkway:la' Porte, TXn571 . www.ci.la-porte.tx.us Phone: (2~1) 471-5020 I Fax (281) 471-7168 April 7, 2004 Mr. Mike Alecock Mr. Pat Cunningham The RCS Group P.O. Box 1519 . . La Porte, Texas 77572 RE: Container yard Site Visit, April 7, 2004. Dear Mr. Alecock and Mr. Cunningham: Thank you for allowing me to visit with you and discussing options concerning your container yard for compliance with City Ordinance 1501-11. This letter serves to outline the outcome and discussion concerning the visit.' .' . . As we discussed, the yard at 1802 N. Highway 146 requires sever~ steps to be in compliance: '. The front (west), rear (east) and northern side set backs are in compliance. · ' The side (north) and rear (east) screening requirements are i~ compliance. · Your southern side set back (with A & L Sandblasting) is not in com,pliance (e.g. < 30 feet)., . · Your front screening requirement is not in compliance (e.g. screen is < 20 feet high). · The southern side screen is not in .compliance. . There are however, mitigating. circumstances. The fotal boundary between you and A & L is asphalt and concrete. . The tree strand along A &. L' s Southern side serves to screen public view of your yard. In this instance,. the' "spirit" of the ordinance is satisfied and a variance can be considered to bring this element into compliance. . · The stacking of your containers (e.g, 5 and 6 high) is not in compliance. Stacks fronting the site (along S. H. 146) must be pYnn:nid in design with the first row not higher than 2 cont~iners, second row 3 containers .and no subsequent stack higher than . 4. . You state a 'physical hardship' if you comply with th~ ordinance in relation to stacking. 'F'.>r your use, l enclose copies of Ordinance 106 (Zoning), Section 106~191 Special Exceptions; and Section 106-192 V ari~ces to determine the proper steps to take should you wish to appeal to the Zoning Board of Adjustment (ZBOA). I recommend that you concentrate your efforts' on the variance portion of the ordinance: Until approval of such an appeal, however, . . your yard remains out of compliance. As we discussed, this is a safety issue and, therefore, . . 2 not a consideration for' grandfathering' . Safety is also an essential element of the ordinance. The ZBOA meets the' 4th ThW'Sday of each month. Your case, together with supporting . docuirieiitatioii~'shouldbe"submitted to this office'by-May3: 2004. ......-.. .. . .. ---.- The City requires a landscaping plan to bring the front portion of the site in compliance with the ordinance. . As a reminder, the landscaping used must result in a barrier 20 feet in height after 3 years and provide a continuous visual screen.' . The container site at 910 N. Highway 146 is essentially in compliance with the exception of the 3-container stack visible from the 146 frontage road. this stack must be removed or reoriented behind the frontal screen and in a pyramid fronting S,H. 146. Once this is accomplished, please notify this office for a final inspection and certificate of compliance. Thank you for your time, courtesy, willingness. and cooperation. You may contact me at (281)-471-5020 x 2~2. Sincerely, . tJ-r )j~ .Wayne J. Sabo City Planner 2 Enclosures: as 'stated . Cc: Department File . : ... .. ~ 106-191 LA PORTE CODE DIVISION 6, SPECIAL EXCEPTIONS AND VARIANCES* Sec. 106-191. Special exceptions. (a) Application for special exceptions. All applications for special exception to th~ terms of this chapter shall be in writing and shall specify the fact.s. involved, the relief desired, and the grounds therefor. Each such application shall be filed, along with the appropriate fees, with the enforcement officer who after investig~tion shall transmit such application together ~ith his report to the board 'of adjustment within ten days after the filing of the application with the enforcement officer,. (b) Special exceptions to be reviewed; finding' of facts.: The term "special exception'" shall mean a deviation from the requirements of this chapter, specifically enumerated herein, which shall be granted only in the following instances, and then only wh~n the board finds that such special exception will not adversely affect the ~alue and use of adjacent or neighboring property or be contr~ to the best public inter~st: . (1) To reconstruct, enlarge o.r'extend a building occupied by a nonconforming use on the lot or tract occupied by such building, provided that the reconstruction, extension, or enlargement does not prevent the return of the property to a conforming use. (2) To devi~te ~ard requirem~nts in the following circumstances: a. Any exception from the front yard requirements where' the actual front yard setback of any abutting lot d~e~ not meet the front yard requirement.' b. A rear yard exception where the actual rear yard setback of any fout or more lots in the same block cloes not meet the rear yard requirements of these regulations. c. A yard exception on corner lo~s. d. An exception where the existing front yard setbacks of the' various lots in the same block are not uniform, 'so that anyone of the existing ftont yard setbacks shall, for buildings hereafter constructed or extended, be the required minimum' front yard depth. , (3) To waive or reduce ofT-street parking arid loading requirements when the board finds the same are unnecessary for the proposed use of the building or structure for which the special exception request applIes. (c) Heari~gs on applications for special exceptions.. The board' of adjustment shall fix a reasonable time for the hearing of all applications for special exceptions, give public notic;e thereof, as. well as due notice ~o the parties in interest, and decide. the same wit~n a reasonable time as specified in section 106-194.. Upon the hearing any party may appear in person or by agent or by attorney. *Editor's note-:-See also section 106-89 for additional rules for hearings in front of the zoning board of adjustment, CD106:32 . , . . ZONING ~ 106-194 ~..-- {~'.'. ~ Sec. 106-192. Variance. (a) Application for variances, All applications for ~ variance from the terms of this chapter shall be in writing and shall specify the facts involved, the relief desired, and the grounds thereof. Each such application shall be filed with the enforcement officer who after investiga- tion shall transmit such .application together with his report to the board of adjustment within ten days after the filing of the application with the enforcement officer. (b) Findings of fact I definition of hardship. (1) The tenn "variance" shall mean a devia~ion from the literal provisions of this chapter whi.ch is granted by the board when strict conformity to this chapter would cause an unnecessary hardship because of the circumstances unique to the property on which the variance. i!! gr~nted. ' (2) Except as otherwise prohibited, the board is empowered to authorize a variance from . a requirement of this chapter when the board' finds that all.ofthe following conditions have been met: a. . That the granting of the variance will not ~e contrary to the public in~erest; b. That literal enforcement of this 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, t~ . conveni~nce, financial considerations or capdce, and the hardship must not result from ~~e applicant or property owner's own actions; anq c. That by granting the variance, the spirit of this chapter will be observed. . . (3) The applicant shall have the burden of proving to t~e board that the foregoing conditions have been met. (c) Use variance prohibited. No variance shall be granted to permit a use in.a zoning district in which that use is prohibited. . (d) Hearings on application.s for variances. The board of adjustment shall fix a reasonable time for the hearing of all applications for variances, give public 'notice thereof, as well as due notice to the parties in interest, ~nd decide the same within a reaSonable time, as specified in section 106-194, Upon the hearing any party may appear in person or by agen.t or by attorney, Sec. 106-193~ Additional conditions. . The board is empowered to impose upon any variance or special exception any condition. r~asonably necessary to protect the public interest and community welfare, Sec. 106-194. Notice of public hearings before the board of adjustment. The notice of pu~liche'arings provided for in this' section shall be given by publication once in a ne~spaper of general circulation in the city stating the time and place of such hearings, . CD106:33 ..~ ~ . EXHIBIT F . . . CITY OF LA PORTE PLANNING DEPARTMENT 604 W, Fainnont Parkway, La Porte, TX 77571 www.ci.la-Dorte.tx.us Phone: (281l471~5020 I Fax (281) 471-71.68' April 2~, 2004 Mr. Mike Alecock Mr. Pat Cunningham The RCS Group P.O. Box 1519 La Porte, Texas 77572 RE: Container Yard' Site Inspection 910 N. S.H. 146, April 23, 2004. Dear Mr. A1~cock and Mr. Cunningham: the City of La Porte inspected your container yard for compliance with City Ordinance 1501- II on .April 23, 2004. Uris inspection included both a review of the existing site plan and a physical inspectio~ of the yard itself. The letter serves notice that your yard is in compliance with the' ordinance. As a reminder, the City will periodically check to ensure that your operatio~ remains in compliance. Thank you for the cooperation and courtesy shown by you during this prp,?ess. . Wayne J. abo.' City Planner Cc: Director of Planning Planning Coordinator Department File :i : . - ..\ , EXHIBIT G .. ..THE . Refrigerated Container Service, Ine, o Refrigerated Container Systems, Ine, o Specialized Tank Service, Ine, o Refrigerated Container California, Ine, o Refrigerated Container Miami, Ine, o Refrigerated Container New Jersey, Ine, Corporate Offices: P.D, Box 1519, La Porte, Texas 77572-1519 .. Phone (281) 470-1924 .. FAX (281) 471-8520 · http://www,rcsgroup,e~m ~~i:07~i~~ ;t~ft-:4-:~~..,,~f;~~tlW~~ti'T7~ ~~~ <"~~,J.~ "~(}..I~I~f8:'71!~~~V~1 ~:8-~~ hf0;'J, ~~'~1;"~~"',t .t"H~', ::-"'!l~"'i~;ri&[~;;-~F'I~~i'-~'t' (.. GROUP Company / Facility History Refrigerated Container Servic~, Inc. is an employee owned company and has operated within the City of LaPorte for over 20 years. . We are located at 1802 Hwy 146 North and are relatively isoiated from public view on a secondary roads associated with Hwy 146/ Hwy 225 overp~s. Our facility consists of 27.5 acr~s ofwhich.6.0 acres is on long term lease to a transportation company. Our core business is serving the container 'shipping commun~ty, which includes the repair, maintenance and processing of containers for import and export activities. We employ 75 personnel locally within various trades, including electricians, refrigeration technicians, ~heet metal and welders to name a few. We received o~r fITst permit on 01li2/1998 which included a variance to allow screened fencing as alt.ernative to landscaping for the reasons described in the enclosed permit. In the year 2000, we have performed millions of dollars in improvements to the facility which included offICe / warehouse and covered shop facilities under the direct supervision of the city of laporte. We received the various building permits required during the building process and received our CertifICate off;Jccupancy on 02/1912000. Please note that thisfacility was developed in full complian~e with the Light Industrial Zoni,!-g of which we were classified.as at the time. . . \:.:. " .- ~ . EXHmIT H . . .. . ~ . .' . . .: ..: ~.:".. EXHIBIT A .. ':.:~:.:.~~. '.:',i;';.:;':=':..:': : .. . . .: ,;. .~,.. .~~:;.; ;.~...\:_;~,:..~,,!;~:tl~:i":~~;:~~:h~:i!~:~~~.~;;::..i):.: ;'~':!::;'~~~~:!O:~~i~(t.~~~, . CONDITIONS OF ZONING PER...~~!T!~~~q ~4 .. .....-- .......-........... ......- ... - . , :,;~~;;,f~;t\~J ' ....... ............ ~ . '. .J J) T wenty fe~ (20') T en feet( 10') Ten Feet (lO') ... ,.:'.:' ':"':. ..... .' -)4) The applic:mt shall be responsibie for providing the City with a copy of the propc!tysutvey, l\ofr, CUMingham is out of town until Januaty 17, ItJ9lS. . how~ver;~ir. Doss has indicarea char a copy can be provided to the:. ~ily by January 23. 1998. fire Di:pmment ac::~sibility (15' wid~ aisles) sh.d! b:: ma.lntained lhrlJu~huUI lilt:: yard, TP..E APPLlCA.~T IS REQUiRED TO COMPL Y Wlrri ALL CONDITIONS BY JA..'t'UARY 3l. 1998. ,/'l ,[- 1~-9C6 .1A)j([k Dat~ Mike Doss' Dare _~ ~ 1J~ Debhie S. Wilmo~ Chief Buildj~S Official 1- ! 2 - r; &' t "d Co ... 2EOS-O~7-t82 ~ueL paz~(e~~ads b'-::"'"'l.....~:-.t- ! WI"" 1'1':""" r>4 I .,~,-:: ~-=,C""~_. I ._.. . d2E=tO 86 ~t uer ...!"....~,..~~~,V(0~~t~}:~~:~~~,~~....~.:J.~.~~,~'.::',' ' ~,~'~'~Y-r9 (;:;L~a:'~f~~#:"~]:~~:,. ,';:~1tf$;~~C~:~~,0.:~~,~'~:~~.:~,'.~,! . ." , . .:' ,.' :.' "'.,' P.O. BOX 1115 "'~:'''''''''.' . '~ ~:~-,.;ji;;~:;:,,~'::<::%~~>:;-.:.,-,::,: . '... ........ .." ........ LA PORTE TEXAS" '"t' " ., ..~~.... " ,',.. ..,.... .~' ":1;1 ~~~ ,.' ,."." ....:;,;.,:::".:'::::~::,,:i.~~.~:~;!~~!f~!~,~~' , 'PORTE' TX' "'7 7 5 ~~":~<~;i~~::i;~~i~' ",;-ti\:;~;~>,~..:,.~ '?':::~~:'~:'~~~~~::";"'~__":.:;:.~ ;:,' :';' ~"~;E; :~:~.~~,.. ..: ......~. " ","'e~~:~.o~ "'" ".'. ,,:; ~\r.', :t!~>; '.rii1:i:';;"',>f".,;:~';',.'f.' :;~.;::, 4:'t"'S,. ',' ",;',~ "''''!iF".. .;.. - ;\" ,_. 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Owner CUNNING~ JOSEPH P " Contractor ROBERT WILLAIMS CONST ,Application number Description of Work Construction type Occupancy type Flood Zone 00-00000305 000 000 REMODEL, INDUSTRIA~ METAL FRAME (TYPE IV) COMMERCIAL Approved DM~,u~~ ~ " Building OfficJ.al ~ S VOID UNLESS SIGNED BY BUILDING OFFICIAL \. .\ ,\ .- ~ . EXHIBIT I , '-' . ~ . . ~~':-:~. { Application for Variance' - 4 High Container Stacking We are requesting a variance to continue to allow five high container stacking on a portion of our facility which is isolated from public property and in our opinion present no safety issues to the public, ":"'. ".," "'to As previously mentioned the facility. was designc::d within the Light Industrial Zoning Which was applicable duri~g the planning and development and was considered approved years ago and was very expensive For r~asons as described ~elow, the restriction of. four high stacking would create several side effects which creates a physical hardship in regards to c~nducting our ~usiness. ' #1. As described on the following page, we simply would not have space to conduct our business. As illustrated in the attached spread sheet with our typical inventory level of containers, four high stacking would require 16.8 acres of property. With the setback requirements and property not suitable fo~ container stacking we are restricted down to_ 12.3 acres. Again, we would be unable to conduct our business as we lose the ability of storing 149 TEU's of containers per acre with four hig~ versus five high stacking. #2. As shown in the enclosed photos, the facility design incorporated in retention ponds to eliminate drainage issues which could affect the property owners adjacent to our property. Not allowing the facility to operate under the current conditions may result in drainage issues as we would have to re-design the facility to maximize utilization. . , #3. The truck lanes have all been ~sphalt paved for dust control purposes. Again, if w.e.. are forced to change our current conditions, re-design may result in dust control issues. #4: There is a pennanent 90' set back from the 'feeder road on the western property line maintain~d by TexDOT. This western property line is the only perimeter facing public property" In addition to this TexDOT setback, we propose that as an alternative to a complete facility 4 high stacking requirement that we will maintain the 4 high stacking requirement for 300' adjacent to the western property line. This proposal allows for a 390' "safety zone" on the .only portion of the property which has exposure to public property. ~ . Further, as it has been explained that the new zoning requirements established for shipping containers was developed to eliminate safety issues and therefore no · grandfather" excep~ions are being allowed. Our contention is that due to the location of our facility, our operation presents no safety issues to the general public. ,. '. H G F E o c B Square Feet 1.197,900 A DescriPtion : Total Acrsage of facili~ 27,5 acres 261,360 less 6,0 acres on long term lease less 300' x 400' proposed set back facing frontage road 120,000 126,000 less truck lanes . 50,900 less buildings & parking areas 43,200 less unusable acrsage, eastern slopes 61,200 less setback require!",ent, !outh fenceline 15,2 acres 662,660 Total Property not usable for container stackinf/ 12.3 acres ----1 _ __ TEU (twenty foot equ~valent unit) one forty foot container = 2 TEU's 535,788 usable acrafle for container stackinfl 10,000 TEU 595 TEU 744 TEU 16,8 acres 13.4 acreas 10,000 teu at four high 10,000 teu at five high Acreage required ,to store Acrsage'required to stors 1 2' a 4' '5 '6 '7 8 9' 10 IT 12 13 14 15 16 Tr 18 19 20 2T 22 23 24 25 26 27 Typical container inventory at site Container capacity per acrs at four high stacking Container capacity per acrs at five high stacking . ---;. . ,; " ", . . . i:: . . . . . ~~J87\~'~....?'.~~ili~ ...:. {~:";. . . . 6 EXHIBIT J . - . . . p . . .--.. ( ") ( Application for Variance - South Perimeter Set Back Requirements Weare requesting a variance in regards to the new side setback requirements of 30, the previous Light Industrial requirement was 10'. FOt: reasons as. described below; this WOuld create several side effects which creates a . physical hardship in ~egards to conducting our business. #1. The loss of space actually eliminates 60' (total loss of (61,200 sq feet) of use able property. The area hi question borders one of our truck lanes and this in combination with - the 3q' set back would make a large area not feasible for use. The reason behi'nd this is a Global industry accepted safety practice to store containers in large "block~ or groups" with this type of density reduces the possibility of a container be blown from the stacks during a hurricane or tornado, The 30' set back would'not allow us to follow this basic safety policy as it would restrict the area to only 4 containers deep, which again, creates a safety issue. #2. The property in questions adjoins another industrial business and there is no access to the general public. - . . ~ . . , EXHIBIT, K . - 6 . ORDINANCE NO, 1501.j:} PAGE 8 '; . In distances where it is determined that a proposed land use may generate a level of. noise that will, impact on surrounding land ,l,Ises, the planning and zoning commission and city council may require that efforts .to reduce the potential noise impact be undertaken. These efforts may include screening, landscaping and site planning techniques, (Ord,No, 1501U, 9 A(art. B), 9-23-96) Cross reference-Sexually oriented businesses, 9 90-31 et seq." . . SECTIO,N 6. Section 106-522 of the Code of Ordinances of the City of La Porte, Texas is hereby' amended to read as follows: USec. 106:'522. Table B, industrial area requirements. (a) Table 8, industrial 'area requirements. ' Minimum Yard "Minimum Maximum Setbacks Landscaping Lot F,R.S, Requirements Coverage 1,3,5 Uses (percent) (percent) (feet) 61 business-industrial park; 6 50 50-40-30 all permitted or conditional LIlight industrial district; 6 70 20-10-10 all permitted or conditional HI heavy industrial district;' 6 30 50-50-30 'all permitted or conditional Loading docks N/A N/A 130-1~0-130 . Outside storage N/A N/A 20-1 0-5 Shipping Containers 6 N/A 50-50-30 On- and off-premises free- standing signs See 'article VII of this chapter Freestanding on-premises signs located in controlled ac- cess highway corridors See article VII of this chapter _ Adjacent to Resiejential Minimum Yard Setback F.R,S, Maximum 2,5. Height (feet) (feet) , 5Q-40-30 45 30-50-50 45 100-150-150 456 Same as ' N/A principal use plus 130 ft, Same as Section 1 06- 'principal 444(b} use 100-150-150 367.8 ~ , ". , ORDINANCE NO. 1501-1=:J PAGE 9 . '. (b) Footnotes. ,1. A minimum landscape setback of 20 feet will be required adjacent to all designated conservation. areas, Buildings, parkiFlg areas, loading docks, outside storage, and 'refuse containers will not be' allowed in such setback areas, These areas are to be landscaped with trees, shrubs, and ground cover, with a planting plan required to be submitted and approved by the enforcement officer, Required landscaping must be maintained by the property owner and/or occupant. ' 2. No building~,. parking areas, loading docks, outside storage, or refuse containers will be allowed in' such setback areas, Th~se areas are to be landscaped with trees, shrubs and ground cover, with .a planting plan required . to be submitted and approved by the enforcement officer, . . , 3.' ,Side ,and rear yard setbacks may be reduced to zero 'if adjacent to railroad right-of-wfY' .or rail service spurs, 4, See article V" division.4 of this chapter for additional requirements. .5, No 'sign shall be located .in a required sight triangle in s,=",ch a manner as to obstruGt traffiC? visibility at. a level' between three feet and six feet as measured' , above.adjacent road grade. 6, Height restriCtions may be modified as a Conditional Use, .provided that no modification of ,height restrictions may- occur. adjacent ,to property zoned residential or' commercial. Provided further that no modification shall be permitted if said modification would pose a danger to life' or property, 7. Shipping containers are permitted to be ~tacked up to four (4) containers -,in h~ight. " , 8. Shipping containers will be stac~ed in, a 'pyrami.d' appearance along the front of the site. The initial row, ~hall not exce~d ,two, (2) containers, in height, with each successive ir:'terior row gaining one' con,tainer in height to a maximu",! of four (4) containe~s in height. For'the sid.es beyond the front are,a; and the rear area, the .'pyramid' ,appearance shall not be , required. , . .' , (Ord. No. 1501-X, 9 5,12-16-96; Ord. No. 1~01-BB, 9 6, 9~15-98)" , SECTION 7. Section 106-751, ~hipping Containers, of the Code of Ordinances of the City of La Porte, Texas is hereby .amended to read as .follows: . .. Q . . . I -- .- -IO'SETB"AOC(OTHBnTORAGE)-:- - ~ --,... I I . I I r~----~~~~-~---l I I I I I I I I I I I I ~ I I 150' SETBACK I <I ' I~~~~ ~ ,tJ1 I~ 1 AREA FOR I ~I ~I . I-<~ .I~~ISHIPPING I~ ~ . ~ 'f ~ ~ICONTAINERI~ ~ ~ ,,.. 0 w w 01 u , ".... I"', rn' STORAGE rn, ", <ml -I I~: ... . :~ I ~I ,I I I '101 I I L_~_~ :. I I . . 100' ADJACENT RESIDE~TIAL SETBACK ' I . I ',' I ,I I L~, -:- 50' SETBACJU..BLDGS. AND CONTAINER~ ~ ,- --.J I, L _ ~'--,- _2(LSETBACK (QIHER STILRAGE)_ _ ~ _ ~ 4 '. FRONT STREET SHIPPING CONTAINER' SETBACKS ~ '0 ',' . _.. __.~. o. _ _. . _ _ ... .. . . - ~. . .... . -. . -. ~"". . , i .' 36' AND 4 HIGH .,4 4 333 222 2 1-'1 1 1 , SIDE VIEW OF FIlII SOIlCI w Z ~ ~ a... u 0 <{ 0:::: m a... t- w t- CJ) Z 0 0 0:::: 10 u.. 36' AND 4 HIGH I '1 4 , .',3 , '2 1. SIDE 11_ iT '1111 SElllCI ~ u <{ . m' t- w -CJ) 0, 10 w .'Z ....J a... '0 0:::: . a... . . 0:::: , , <{ W '0:::: :SHIPPlNG CONTAINER ,STACKING '" .:\ . . . . EXHIBIT L . ~ "1 --. CONTAINER YARD COMPLIANCE STATUS AS OF. May.20, 20~4 . . RESULT No Yard Empty Yard Pending In Compliance . Not In Compliance-pending ZBOA. Pending-New Packet Sent April 8, Not in Compliance-pending site plan. Not in City Limits . Not in ~ompllance-pending legal coord No Containers In Compliance STATUS Closed. Closed. Follow-up Letter March 30, Inspection April 23. . Inspection April 7. Follow-up Letter March 30, Meeting March 30. Closed. Meeting March 31. Closed. , . Inspection March 26. ADDRESS 602 S, Broadway 1001 N, Broadway 101 W, Barbours Cut 920 N, Highway 1~6 . 1802 N, Highway 146 -102 E. Barbours Cut Barbours Cut 1102 N, Broadway 10,1 E. Barbours Cut 1728 N, Highway 146 401 N,.L Street YARD - Container Sales Overland Express Container Sales RCS RCS Container Plus Dragon Products Coastal Great South Frontier Logistics A&L Sandblasting Ceres Container