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HomeMy WebLinkAbout05-27-2004 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment• • Minutes of the Meeting • ZONING BOARD OF ADJUSTMENT MINUTES OF MAY 27, 2004 • Members Present: Chairperson Sidney Grant, Bob Capen, Rod Rothermel; Charles ~Schoppe, . George Maltsberger, Alternate No. 1 Barbara Norwine, and Alternate No: 2. Bernard Legrand Members Absent: Citv Staff Present: ~ Interim Planning Director, Nicholas Finan; City Planner, Wayne Sabo; Assistant . City Attorney, John Armstrong; Planning Secretary, Peggy Lee .. 1. CALL TO ORDER. Meeting called to order by Chairperson Grant at 6:00 P.M. 2. APPROVE MINUTES OF THE APRIL 22, 2004 MEETING. Minutes were approved as presented. 3. CONSIDER VARIANCE REQUEST #V04-003 FOR 2104 UNDERWOOD ROAD, FURTHER DESCRIBED BY. HARRIS COUNTY APPRAISAL DISTRICT AS TR 451A, LA PORTE OUTLOTS, HARRIS COUNTY, TEXAS. THE APPLICANT, NEW CHRISTIAN LIFE FELLOWSHIP, SEEKS TO RETAIN AN EXISTING FENCE CONSTRUCTED ~ WITHIN THE FRONT YARD SETBACK IN ACCORDANCE WITH THE PROVISIONS OF SECTION 106- 192(8) OF THE CODE OF ORDINANCES. ~ . A. STAFF PRESENTATION City Planner, Wayne Sabo, presented staffs report for Variance #V04-003. The applicant, New Life Christian Fellowship, has requested approval to retain an existing fence constructed within the .front yard setback at property located at 2104 Underwood Rd. Public hearing notices were mailed to 10 surrounding property owners. The City did not receive any responses. George Maltsberger asked for staffs recommendation. Interim Planning Director, Nicholas Finan, responded .it was~staffs understanding the Board did not want to receive recommendations from staff. The Board briefly discussed the matter and agreed it should be placed on the agenda for further discussion. Staff was asked to provide a recommendation on the items for this meeting. The recommendation from staff was to deny the request. B. PROPONENTS Chairperson Grant swore in Deborah Johnson, 10118 Shell Rock Rd., La Porte, acting agent for New Life Christian Fellowship. Ms. Johnson showed slides of the fence in question along with other fences in the city she feels do not meet setback requirements. The fence was constructed to stop damage from heavy trucks to the parking lot, curbs, and landscaping. Zonin Board of Ad'ustment • ~ • 9 J Minutes of May 27, 2004 Page 2 C. ~ OPPONENTS There were none. Motion by Bob_Capen to approve Variance #V04-003 to allow an existing fence constructed within the ftont yard setback at 2104 Underwood Road. .Second by Rod Rothermel. The motion carried. Ayes: Capen, Rothermel, Maltsberger, and Grant Nays: Schoppe ~ ~ . Abstain: None 4. CONSIDER VARIANCE REQUEST #V04-004 FOR 9501 DRY DESERT WAY, FURTHER DESCRIBED AS LOT 2, BLOCK 3 OF SUMMER WINDS SECTION 3, W.B. LAWRENCE SUBDIVISION, WILLIAM ~ M. JONES SURVEY, ABSTRACT 482, LA PORTE, HARRIS COUNTY, TEXAS. THE APPLICANTS, TIM AND TERESA BUCHANAN, SEEK TO ALLOW AN EXISTING 387 S.F. COVERED AREA EXCEEDING THE MAXIMUM LOT COVERAGE OF 40% IN ACCORDANCE WITH SECTION .106-192(B) OF THE CODE OF ORDINANCES. A. STAFF PRESENTATION Mr. Sabo presented staffs report for Variance Request #V04-004. The applicants, Tim and Teresa Buchanan, have requested a variance to allow an existing patio covering at 9501 Dry Desert Way, which exceeds 40% maximum lot coverage. , Mr. Sabo reported that staff is discussing the issue of possibly increasing the 40% maximum lot coverage with the Planning and Zoning Commission and will report back to the Board with the findings. ~ ~ . Public hearing notices were mailed to 29 nearby property owners. Twelve responses were received in favor of the request. B. PROPONENTS Chairperson Grant swore in the applicant, Tim Buchanan, 9501 Dry Desert Way. Mr. Buchanan was not aware a permit. was required to build a patio cover. He asked the Board to favorably consider his request. Chairperson Grant swore in Fred Young, 9505 Dry Desert Way. Mr. Young; who lives next door to Mr. Buchanan, was also unaware a permit was required. He would like to see the variance granted. Chairperson Grant swore in Jerome McKown, 3630 Desert Rung a neighbor. Mr. McKown feels the applicants should be allowed to keep the patio covering. C. OPPONENTS There were none. Motion by Rod Rothermel to approve Variance #V04-004 to allow an existing 387 SF covered area, which exceeds the 40% maximum lot coverage at 9501 Dry Desert Way. Second by Charles Schoppe. The motion carried. Zonin Board of Ad'ustment • 9 J Minutes of May 27, 2004 . Page 3 Ayes: Rothermel, Schoppe, Maltsberger,Capen, and Grant Nays: None Abstain: None 5 CONSIDER VARIANCE REQUEST #V04-005 FOR 1802 NORTH HIGHWAY 146, FURTHER DESCRIBED AS BEING THE RESIDUE OF A CALLED 40.61 ACRE TRACT FILED. AS NO. 7285701 OUT OF THE ENOCH BRINSON SURVEY ABSTRACT NO. 5, LA PORTE, HARRIS COUNTY, TEXAS. THE APPLICANT, REFRIGERATED CONTAINER SALES INC., SEEKS TO DEVIATE FROM THE SHIPPING CONTAINER STACKING AND SIDE YARD SETBACK REQUIREMENTS IN ACCORDANCE WITH SECTION 106-192(6) OF THE CODE OF ORDINANCES. A. STAFF PRESENTATION Mr. Sabo presented staffs report for Variance Request #V04-005. The applicant, Refrigerated Container Sales, Inc., has requested a variance to deviate from the shipping container stacking and side yard setback requirements at the property located at 1802 N. Highway 146. On April 7t"the applicants were sent a_ letter~from the City, which cited the front screen requirements and the south side setback were not in compliance with the ordinance as well as a violation by having containers stacked more than four high. It was stated that the issue was one of safety ~ and _ therefore not a consideration for grandfathering. Public notices were mailed to two property owners; no responses were received. B. PROPONENTS Chairperson Gant swore in Kurt Boren, 1802 Hwy. 146. Mr. Boren believes a 300' setback from the property line will take care of any public safety issues. Mr. Boren distributed a letter from neighboring A&L Services, Inc., in favor of the variance, citing the containers act as a good barrier between the two facilities. Chairperson Grant swore in Mike Alecock, 1802 Hwy. 146 N. Mr. Alecock stated at the time of purchase, the property was zoned Light Industrial, which allowed heights up to 45 feet. ~ At that height, containers could be stacked five high. Mr. Alecock proposed leaving a 390' safety zone from the outside of the property with four high stacking and five high stacking reserved for the interior. C. ~ OPPONENTS There were none. Assistant City Attorney, John Armstrong, gave a brief history of City ordinances that have governed shipping containers. Mr. Armstrong suggested the applicants visit with the Planning and Zoning Commission and City Council if their intent is to initiate a change in current requirements. The Board, staff, and the applicants continued discussions. Motion by Bob Capen to deny the portion of Variance Request #V04-005 to allow stacking containers five high at property located at 1802 N. Hwy. ~ 146. Second by George Maltsberger. The motion carried. Ayes: Capen, Maltsberger, Schoppe, Rothermel, and Grant Nays: None Abstain: None • Zoning Board of Adjustment Minutes of May 27, 2004 Page 4 . Motion by Rod Rothermel to approve the portion of Variance Request #V04-005 to allow a 10' side yard setback ~atong the southern perimeter of the property located at 1802 N. Hwy. 146. Second by. Bob Capen. The motion carried. Ayes: Rothermel, Capen, Maltsberger, Schoppe; and Grant Nays: ~ None Abstain: None 6. STAFF REPORTS There were no Staff Reports. ~ - George Maltsberger noticed a recent increase in variance requests and inquired if anything was being done to educate citizens about City ordinances. Mr. Finan responded attempts are underway to educate the public through flyers in utility bills and continued public outreach efforts. Chairperson Grant suggested staff provide the Board with the maximum amount of information in their reports, including industry standards, whenever possible. ~ - 7. ADJOURN Motion to adjourn by Bob Capen. Second by Charles Schoppe. ~ Chairperson Grant adjourned the meeting at 7:57 P.M. ~ . Submitted by, Peg Planning ecretary Approved on this ~ day of , 2004. Sidney Grant . ~ ~ Chairperson, Zoning Board of Adjustment S,cln~ Eir~1`" 1 1 • ~ • #V04-006 VARIANCE FOR 1421 LEMON LANE ALLOW CONSTRUCTION OF AN ACCESSORY BUILDING IN THE SIDE YARD .AND IN EXCESS _ - OF 1000 S.F. - EXHIBITS: APPLICATION FOR VARIANCE STAFF REPORT E~~iIBIT A=AREA MAPS EXHIBIT B=SURVEY/SITE PLAN ~ ~ - EXHIBIT C HCAD EXTRACT 6154B EXHIBIT D ZONE PERMIT REQUEST EXHIBIT E---DIVISION 2, SECTION 106-741, ACCESSORY BUILDINGS, USES AND EQUIPMENT - . - REQUIREMENTS OF THE CITY' S CODE OF - ORDINANCES ~ - ITY OF LA PORTE . ~• • ~ ZONI G BOARD OF ADJUSTMENT • VARIANCE REQUEST ~~ ~~ Application No.: ~ ~ d y _ d ~ OFFICE USE ONLY: Fee: $150.00 ~ Date Received: ~ ~~ ~'') . ~ ~ Receipt No.: ~ ~1 G 7rJ Note: This Fee is Non-Refundable Regardless of the Board's Decision. Applicant: ~ ~ ice, ~ c~~;e, h-orris~ ¢.~ _ Name ' 1~'i ~,~p Lemon Lc~n .~ L.a0.1"a/''Fe+ •T'~ 775 I ~ 011--$(0]-- `~$~9 Address ~ Phone I am the owner of the herein described property. 1 have authorized to act nn my behalf in this matter. Owner*: '' ~ ~ Name .. . . Address Phone I am ~requcsting a vari:~nce to.Sect. of the City Zoning regulations Chapter 106 of the Code of Ordinance. I am requc?sting this variance for property located at 1'y ~1 l L~emcn ~-~a.n e. . ~ Street Address Lo•f- 15 LKe's ~~i-~~an Legal Description ()Site Plan ()Minor Development Site Plan . ()Major ])evelopment Site Plan ~ ~ ()General Plan ~ . A Site Plait of the property is attached. Also, I have listed the information requested below on the following pages of this form. ~ . a) All facts concerning the matter that has led up to this request. ~ ~ . . b) The type of relief I am seeking (setbacks, lot coverage, etc.). c) .The grounds upon which I am making this request. ~ • * If al;plicant is NOT the owner, he must provide Authorization th ne ' ha . - ~- > ~ • < Date ~ ~ Applican s Signature Office Use Only Site Plain and Authorization (if applicable) attached? Yes () No ( ) Date transmitted to the Board of Adjustments: Meeting Date: Applicant Notified of Date: Notice to surrounding property owners- Date: Board's Decision: Approved () Denied ( ) Notice of Boards Decision mailed to Applicant/Owner: _ • • A variance is a "deviation from the literal provisions of the Zoning Ordinance." The City's Board of Adjustments may NOT grant a variance that does not meet all~of the following conditions: 1) The variance must not be contrary to the public interest: 2) Literal enforcement of the Zoning Ordinance must result in a hardship. This hardship must be unique to the property in question. Property that is undevelopable due to its unusual shape, narrowness, shallowness, or topography constitutes the primary example of hardship. Hardships that are financial in nature or due to the owner's actions cannot be granted. ~ " 3) Granting tt~e variance must not violate tl~e spirit of the Zoning Ordinance. 4) No variance that allows a use that is prohibited within the Use zone in question may be granted. For example, a variance allowing a commercial use in a residential zone is not allowable. ~ . ~ ~. Please remember it is the Applicant's responsibility to prove that a variance will meet the above conditions. If there is not adequate room on the remainder of this form to list all pertinent information, please feel free to attach.an additional letter or any information and exhibits you feel the Board sh~-uld consider. FACTS RELEVANT TO THIS MATTER: i_ LQ•~- ; 5 I ~~a •~+~ wider ~n d ~ f3~~ -~+ d~y~ L~+ ~ haS 30 ~-1- • SKI ~ ~~ reel ~ new ~S.aXnercf ' c~.-I- ~QC.I~ 30 ~ Lkn~S~ 5i~e. yard i 5 70.•9 ~•#- ~~d~ ~nd~ l0'1 ~-~- i rl -^ f? •~ r [:~n ~, a D arose i m a~~~ ~ ~r 70 5a ~- C~ ~ ¢re~- ~:~- i ~ r n rear • • TYPE OF RELIEF BEING SOUGHT: ~ . ~ rm ~ 55i on '~a b~; i d ~~ i ~. ~c:~r-~ri i n ; 5~ d~ ~Icu^d. - ~ . a e ~e:rn~ i 55~ o~~ -~a eacceed ICyG)CCJ ~ ~~ ~d i n ante. ~ c~nc~. Ij,ni i~. ~a-~O 5cr~ 't•F- Dale, brkrn ~ . THE GROUNDS FOR THE REQUESTS: I. ~ut.~ +o +h~ ~h~llo~nc~. a-F~ ~I-h~ r,7ro~er~v d-nd. -f=he. ~ . 3a -F -F n: pe I ~ n e. ~ a.sem~,-~- ~-h e-no(~ 6c~-^n 'cannrs•I-' ~. 1-- 1 1 e~~. cam. I ~Gn SU -l='l- male: barn b~c~S e. :. ~ . R. 'L~ hobby e 5 i ncl-,~.c~ rrl~l-al ~•~r~~:.~-ion c tnd ~~~.ao,-K ~ ~_ 5 ~I, 4~i -IYL.b ~ e. ~ S~i.J bin ~ r-.v..c+s7 ~ ~ r ~ ~ ~ Dr~ SS~~ t„ ~~_~ d - ~ c;C.h ~~P~ , . ~ C3 '1"~' S~ G~~I• m ~'~.i t7l't'~%LK . L7 i A~ 6~rldcar~5 , e.n 111E= 1 t'FT~ : 1~4I'ge. v ~-c~cl cc~6 ~ „~~~ ~e~e~„ ~ ~ ~ ~ ~ ~ ~ h ey e. ~. l to ~•F- 601- . ma-for _ ~- -fr~+ ~ ~..~- Gt.s ~, ~.I I 4~ ~~ ~4 a l ~ ~v -~ 1 e.r5 ~ . G~ ~. ~h~vr~ ' 01 mo-~-yrc~,c~e~ ~- ~ y~hi ~I e5 S:\CPSharc\INSPECTION DI\rIS[ON~.Standard Forms~ZONINC BOARD VAR[ANCE.doc REVISION IO/21/03 RYC Staff Report ~ ~ June 24, 2004 Variance ReQUest #V04-006. Requested bv: ~ Mr. Michael Dee Forrister (Property Owner) Requested for: Lot 15, Ike's Addition, Vol. 166, Pg. 87, H.C.M.R., La Porte, Hams County, Texas. Location: 1421 Lemon Way Zonin~i ~ Low Density Residential (R-1) Background: Lot 15 is 22,610 S.F. (+1/2 acre) located in the Lomax area and fronts in the west on Lemon Lane. This section of Lemon Lane has extended front yazd setbacks established by covenants (35'.), and the back yard setbacks are increased by a 30' Gulf Pipeline Easement. The lot also has greater width than depth. . ~ Per City ~ Code of Ordinances, Section 106-741 (a), no accessory buildings, uses or . structures shall be erected or located in any required yard other-than reaz yazd. An exception is made only for detached private garages and accessory buildings on a skid foundation, no lazger than 120 S.F. Section 106-741 (e) (1) further states that no accessory building, or carport garage for a single-family dwelling shall occupy more than 25% of a reaz yazd; nor exceed 1,000 S.F. An exception is made for lazge lot residential tracts to have accessory buildings up to 2,000 S.F. but by defuution, this exception is for tracts one (1) acre or greater. This variance requests seeks to allow the construction of an accessory building in the side yard of the lot, and to allow the building to be 30'x40', or 1200 S.F. which is 200 S.F. over the limit. Ana sis: Section 106-192(b)(1), in the Code of Ordinances, defines a variance as a deviation from the literal provisions of the chapter, which is granted by the Board when strict conformity to the chapter would cause an unnecessary hardship because of the circumstances unique to the property on which the variance is granted The subject tract is less than 1 acre: Section 106-741 prohibits the proposed construction of the accessory building in the side yard and limits the size of the building to 1000 S.F. Except as otherwise prohibited, the board is empowered to authorize a variance from a requirement when the board finds that all of the following conditions have been met: • That the granting of the variance will not be contrary to the best public interest. • That literal enforcement of the chapter will result in unnecessary hardship because of exceptional narrowness, shallowness, shape, topography or other extraordinary or exceptional physical situation unique to the specific piece of property in question. "Unnecessary hardship" shall mean physical hardship relating to the property itself as distinguished from a hardship relating to convenience, financial considerations or • Zoning Board of Adjushnent June 24, 2004 #V04-006 Page 2 of 3 . caprice, and the hardship must not result from the applicant or property owner's own actions; and .. • That by granting the variance, the spirit of the chapter will be observed. A review of the site survey for the property shows the existence of the Oulf Pipeline easement in the rear yard of the lot. This easement comes within 9.5 feet of the residence and, therefore allows no room for the construction of an accessory building. The total square footage of the lot may easily accommodate an accessory building but given the unique character of the lot's dimensions of width verses depth, and the presence of the pipeline easement upon which no construction is permitted, an additional building may only be constructed in the side yard (north) .portion of the lot. As sited on the plan, the building, when constructed, would be set back 20' from the side lot line and from the residence thereby allowing for access by emergency vehicles. In addition, the applicant wants to construct a 30'x 40' building that is 200 S. F. over the limit allowed by the Ordinance. The applicant states that the additional size is required due to: • Hobbies include ~ metal fabrication and woodworking, large tools and equipment. • A 16' boat, motor and trailer as well as two utility trailers to store: • Two motorcycles and three vehicles to store. The ZBOA's final consideration~is whether granting of this request, observes the spirit of the ordinance. Conclusion: _ Variance Request #V04-006 seeks relief for the construction of an accessory building in the side yard of Lot.15 and for said building to bens excess of 1000 S.F., both parameters being contrary to the City Code- of Ordinances. The circumstance for the requested variance does, in our opinion, meet the provisions established by Section 106-192. (Variances) in that due to the "physical limitation" of the lot, both in the lack of depth and the presence of the pipeline easement, make the rear yard unusable for construction. While the reasons for the variance relating to the size of the building do not strictly conform to "physical hardship relating to the property itself' the building's intended use to store items,.vehicles and equipment that might otherwise be committed to open storage should to taken into consideration and deemed to be in the public's interest. • • Zoning Board of Adjustment June 24, 2004 - #V04-006 Page 3 of 3 . While recognizing the circumstances -associated with the property, the Board could consider: • Allowing the construction of the accessory building in the side yard (variance granted). • Allowing the building to be 1200 S.F., in excess of the 1000 S.F. allowed by ordinance, to accommodate intended private storage (variance granted). • Allowing the. construction of the accessory building in the side yard (variance granted) but limiting the size of the building to 1000 S.F. per the ordinance. • Denying the variance for side yard construction of the accessory building Appeals: As per Section 106-196 of the Code of Ordinances of the City of La Porte: ~ . Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment, or any taxpayer, or any officer, department, board or bureau of the city may . present to a court of record a petition for a writ of certiorari, as provided by V.T.C.A., '. Local Government Code Section 211.011, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten days after the,filing of the decision in the office of the Board of Adjustment. . i~~r~ A This property _ IS NOT located in the 100 year flood plain Ac is 1~. SCALE: 1"= 30_ in insurance rate map zone X , as per map _ 4B201C/0945J _ dated ~ _ 11-06-96 _, OUTL01' 325 > J,4• I.R. _ ~ SOUTH ~ 170.00' LOT 14 I I I .. i i I . 0 FNO 3/4• I.R. I O Z n 'J I LEGEND U.E.-llTlLfiY EASEMENT A.E.-AERUIL EASEMENT W.LE.-WATER LINE EASEMENT B.L.-BUILDING LINE -//- W000 FENCE -o- CHAIN LINK FENCE ~. - x -BARBED WIRE FENCE -o- IRON FENCE ./ FND J/~' I.R. S' e.L (SEE NDTE ~) FRAME ~ . SHED ~ ' . ON W000 JO' GULF PIPELINE EASEMENT -. - - _ -' -' - -~ _ --~ , - LOT 16 LOT 15 ~ 96 9s •..,:::' JS' 9.L (SEE NOTE 4) •' •~.. . ~ ~~ ..{',,.i. ~ 0 .•,~ • CONCRETE,.. rQRIVEWAY. , M 777, i ~. • ~ . /COW PA i SC 1.0' .' 1.C~~ r . 4a ~~~ ~ 10.0' ebl ,bj !.~' ~• • .'~ , f ~~ ONE STORY o BRICK do FRAME ' = F- • HOUSE ~ •:+•" ~ N • .... ~ . .•.j, m ~ 'b ~+~ b H 1~ '•ti ~. .•I ~ i R ~ '~ .~ . .. -•L.I . • ,I i.0' 3 0' .': ~•' .I . ~•.. •I . NORTH ~ 170.00' LEMON LANE . (60' R 0 W ) .._.~ B FND J/4• I.R r--- ~ . i • ~/~ y' 1, MICHAEL D. MO P.~)N, A REGISTERED PROFESSIONAL LAND ` O F ~~ SURVEYOR IN THE STATE OF 7FXA5, DO HEREBY CERTIFY !/~ ~S~ f ~ /~ >}" L~ 71iAT THE PLAT HEREON CDRRECTLY ^ REPRESEN75^wTHE !f. .fr.~S1~El?: ~,o Ry octiu~e nv .. l ~ ~~ti~IS TjQ1C?, o F r ., W ~ m a ao ~ ~._ v ~ ~ Non W ;y ~'~'~ ~0 ^~ w e p ca ~ ~ A _: i. it °' p ° ~ t "' ~ ~ c . 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Zip O Contractor:- !~ ~ ~ha ~ ~ ~7~~ ~~ rr ~ S•~-e.r ~ Phone: ~,~31 •- 8~~ - 9 g9 `j Address: /'~ 11 L:~rrton ~-~~ e_.. ~ . L~ Igor-}•~ 1 X ~ '1 '75 ~ f ~ • -Street ~ ~ 'City ~ ~ ~ ~ ~ ~ ~ - ~ Zip Engineer:, Building Use: ~ ~~~rson ~ J-f-o a~ ~ ~ Sq. Footage: 100 # Stories~_ Valuation: ~ ~ .Describe Work: ~Pc~ e. ~~rn ~~,,,~~ion , _ G r i v' ~~..xi . ~ . ~ ~ ~ ~ For City Use Only Occupancy Type ~ Flood Zone, Class Work ~. Sq. Ft. Constriction Type Use Zone # Stories ~ Parking Req c~ Commercial Buildings Plans Only-Fire Marshal Approval ~ ~ Date .:.. Checked/Approved for Issuance By: ~ ~ ~ Date ~ • Special Conditions: Taxes HCAD Permit No. Permit Fee Plan Check Fee:_ • S:~CPShereUnspeaioas~BldgPamicApp10~3.doc 604 fib': Fairmont Pkwy. La Porte, Texas 77571 (281) 471-50^0 t~~ D • s ~ .106-741 ~ - ~ LA PORTS CODE ~ ~ ~ -•~~--:,1 :; .. . . ,. M DIVISION 2. ACCESSORY BUILDINGS, USES AND EQUIPMENT °' Sec. 1Q6-741. General provisions. ~ .(a) No accessory buildings, uses or structures shall be erected or located in any required yard other than the rear yard except: (1) A detached private garage as defined, may be permitted is side yards, provided: a. It complies with all the_requirements of this section; . b. It shall be five feet or more from side lot lines; and c. The side yard does not abut a street right=of-way. (2) Accessory buildings built on a skid foundation, no larger .than 120 square feat and no more than one story in height may be located is utility easements in required rear ~ , yards; ezcept that they.may not be located closer than three feet fi om a _side or reaz property line or closer than siz feet from nay other structure. (b) Accessory buildings, uses and structures shall not exceed 15 feet in height, shall be three feet or more ~ from all lot lines, shall be siz feet or more from nay other building or ' structure on the same lot, and shall not be located upon any utility easement. (c) Private garage structures with vehiculaz access doors facing public alleys, as defined in the public improvement construction policy and standards, shall be 20 feet or more from the _ alley right-of--way. Detached garages located in rear yazds of wrner lots shall be set. back a . minimum tea feat from the property line abutting the side street right-of-way. . (d) Detached private garages, as defined, may be 20 feet in height, or the height of the principal structure, whichever is~less. ~ (e) Floor area. (1) Generally. No accessory building, or carport garage for single-family dwellings shall occupy more than 25 percent of a reaz yard, nor a=ceed 1,000 square feet of floor area. (2) Large lot residential only. Accessory buildings in single-family residential large lots may not exceed 2,000 square feet of IIoor area. Accessory buildings with a floor area in excess of 1,000 square feet must be located at least 30 feet from any property line and 30 feet behind the reaz of the primary structure. (fl i`to permit shall be issued for the construction of more than one detached private garage or carport structure for each dwelling. - (g) Wind generators, for producing electricity or other forms of enerry shall not be located ~-- in any yards other than the rear yard and must be set back 150 feet from all property lines or the height of the structure, whichever is greater. CD106:82 ~~.il'fp