HomeMy WebLinkAbout06-24-2004 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment•
•
Minutes of the Meeting
r:
ZONING BOARD OF ADJUSTMENT
MINUTES OF JUNE 24, 2004
•
Members Present: Bob Capen, Rod Rothermel, Charles Schoppe, Altemate No. 1 Barbara Norwine,
and Alternate No. 2 Bernard Legrand
Members Absent: Sidney Grant, George Maltsberger
City Staff Present: Interim Planning Director, Nicholas Finan; City Planner, Wayne Sabo; Assistant
City Attorney, John Armstrong; Planning Secretary, Peggy Lee
1. CALL TO ORDER.
Assistant City Attorney, John Armstrong, in the absence of Chairperson Sidney Grant, called the
meeting to order at 6:00 P.M.
Mr. Armstrong requested nominations for a chairperson to conduct the meeting. Motion by
Charles Schoppe to nominate Bob Capen to act as chairperson for the meeting. Second by Rod
Rothermel. The motion carried.
Ayes: Schoppe, Rothermel, Norwine, and Legrand
Nays: None
Abstain: Capen
2. APPROVE MINUTES OF THE MAY 27, 2004 MEETING.
Minutes were approved as presented.
3. CONSIDER VARIANCE REQUEST #V04-006 FOR 1421 LEMON LANE, FURTHER
DESCRIBED BY THE HARRIS COUNTY APPRAISAL DISTRICT AS LOT 15, IKE'S
ADDITION, VOLUME 166, PAGE 87, LA PORTE, HARRIS COUNTY, TEXAS. THE
APPLICANT, MICHAEL DEE FORRISTER, SEEKS RELIEF TO ALLOW THE
CONSTRUCTION OF AN ACCESSORY BUILDING 1,200 S.F. OF FLOOR AREA EXCEEDING
THE MAXIMUM 7,000 S.F. OF FLOOR AREA IN THE SIDE YARD IN ACCORDANCE WITH
THE PROVISIONS OF SECTION 706-192(B) OF THE CODE OF ORDINANCES.
A. STAFF PRESENTATION
City Planner, Wayne Sabo, presented staffs report for Variance #V04-006. The
applicant, Michael Fon'ister, has requested a variance to allow construction of an
accessory building in the side yard and ~ allow the building to be 30' x 40', or 1200 S.F.
at property located at1421 Lemon Lane.
Public hearing notices were mailed to 9 property owners. The City did not receive any
responses.
The Board inquired as to staffs position. Mr. Sabo responded that staff feels a physical
hardship exists with regard to the request for a side yard variance. There are no
ordinance provisions to allow fora 1,200 SF building.
B. PROPONENTS
Mr. Armstrong swore in Michael Forrister, of 1421 Lemon Lane. Mr. Forrister gathered
signatures from 17 of his neighbors indicating approval of the request; copies were
• •
Zoning Board of Adjustment
Minutes of June 24, 2004
Page 2
provided for the record. His plans for the building include a metal building with a concrete
slab.
Mr. Armstrong swore in Diana Forrister, of 1421 Lemon Lane. Ms. Forrister assured the
Board the building would be nice; construction estimates for the building range from
$15,000-$23,000.
C. OPPONENTS
There were none.
The Board discussed the merits of the request. Mr. Legrand agreed there is a physical hardship
due to the pipeline easement, but disagreed with exceeding the size limits established by
ordinance.
Motion by Charles Schoppe to approve Variance #V04-006 to allow construction of an accessory
building 1,200 S.F. of floor area exceeding the maximum 1,000 S.F. of floor area within the side
yard of the property located at 1421 Lemon Lane. Second by Rod Rothermel. The motion
carried.
Ayes: Schoppe, Rothermel, Norwine, and Capen
Nays: Legrand
Abstain: None
4. DISCUSSION AND CONSIDER ACTION ON THE FOLLOWING:
A. STAFF PROVIDING RECOMMENDATIONS
Interim Planning Director, Nicholas Finan, stated that at the last meeting, the Board
wanted more discussion as to whether or not they would like staff to make
recommendations on action items. ~ The Board discussed the pros and cons of hearing
recommendations from staff.
Upon request, Mr. Armstrong spoke about the role of the Board. In summary, the Board
should maintain focus on the law. Education/training opportunities may be beneficial for
Board Members.
The Board's consensus was to not be given recommendations from staff at this time.
Staff should state the facts and their conclusion.
Motion by Charles Schoppe to table a decision until the next meeting with regard to staff
providing recommendations. Second by Bernard Legrand. The motion carried.
Ayes: Schoppe, Legrand, Rothermel, Norwine, and Capen
Nays: None
Abstain: None
B. DEFINE ROLE AND AIMS OF THE BOARD OF ADJUSTMENT AS SPECIFIED IN LA
PORTE CODE OF ORDINANCES, SECTIONS 106-89, 106-191, AND 106-192 AS
REQUESTED BY BOARD MEMBER MR. LEGRAND.
This item was not discussed. Mr. Legrand felt it had been addressed during the pn:vious
item.
Zonin Board of Adjustment• •
9 1
Minutes of June 24, 2004
Page 3
5 DISCUSS FINDINGS OF. FACTS, AND CONCLUSIONS OF LAW REGARDING VARIANCE
REQUEST #V04-0~5 BY REFRIGERATED CONTAINER SALES, INC.
Mr. Armstrong noted that this item was prepared for the Board's consideration due to the
possibility of litigation.
Motion by Bernard Legrand to approve the Findings of Fact and Conclusions of Law regarding
Variance #V04-005 by Refrigerated Container Sales, Inc.
Mr. Finan stated that in addition to this vote, the item would be brought back at the next meeting
to give absent members an opportunity to vote.
Second by Rod Rothermel. The motion carried.
Ayes: Legrand, Rothermel, Schoppe, Norwine, and Capen
Nays: None
Abstain: None
6. STAFF REPORTS
Mr. Finan reported the following activities:
A town meeting will be held at the old city hall in Lomax at 7:00 P.M. on August 3, 2004. The City
will receive input on the proposed Large Lot Zoning District
The Main Street Committee continues to make progress with their work on the proposed Main
Street District
7. ADJOURN
Mr. Capen adjourned the meeting at 6:55 P.M.
Submitted by,
Pe99y
Planning Secretary
Approved on this a ~ay of , 2004.
Sidney t
Chairpn, Zoning Board of Adjustment
• •
CITY OF LA PORTE, TEXAS V04-005
ZONING BOARD OF ADJUSTMENT MAY 27, 2004
FINDINGS OF FACT AND
CONCLUSIONS OF LAW
Upo~ nclusion of the public hearing of the above-referenced cause, held May
27, 2004, at 6:00 p.m. at La Porte City Hall, 604 West Fairmont Parkway, during
which witnesses were called and testified, subsequent to being placed under
oath, the Zoning Board of Adjustment of the City of La Porte, Texas meeting in
duly called open session at La Porte City Hall, makes the following findings of
fact and conclusions of law:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
1. The applicant, Refrigerated Container Sales, Inc., was proposing to obtain
a variance from the provisions of City Code of Ordinances Section 106-
522 (b) to be allowed to stack shipping containers 5-high; one (1) in
excess allowed by the Ordinance.
2. The applicant, Refrigerated Container Sales, Inc., was proposing to obtain
a variance from the provisions of City Code of Ordinances Section 106-
522 (a) to be allowed to maintain a 10' side-yard setback, twenty (20) feet
less than required by the Ordinance.
3. Notices of the public hearing held before the Zoning Board of Adjustment
of the City of La Porte, Texas ("the Board°) were properly mailed and
published, according to law.
4. A letter was sent to Refrigerated Container Sales, Inc., on February 25,
2004, outlining details of enforcement for shipping container yards with
instructions to bring yards into compliance.
5. On March 5, 2004, City Staff met with Mr. Mike Alecock to explain the
terms and conditions of applicable ordinances governing shipping
container yards and outlined steps of compliance.
6. On March 31, 2004, Staff was requested by Mr. Mike Alecock to conduct a
site visit at two (2) container yards, 910 N. Highway 146 and 1802 N.
Highway 146.
7. On April 7, 2004, inspections of the yards were conducted. The results of
the inspections were communicated to Refrigerated Container Sales, Inc.,
by letter on April 7, 2004.
8. The yard at 910 N. Highway 146 had only minor issues and was brought
into compliance on April 23, 2004.
9. The yard at 1802 N. Highway 146 revealed major concerns in regards to
compliance and safety to wit: interior containers stacked 5-high rather than
4-high as required; south side-yard setback set at 10' rather than the
required 30' and the inadequacy of the front yard landscaping screen.
10. On April 10, 2004, Refrigerated Container Sales, Inc. presented a packet
to the City Staff for review. This packet contained a landscaping plan to
bring the yard into compliance, a request for a variance from the 4-high
• •
container stacking and from maintaining a 30' side-yard setback for the
southern perimeter.
11. On May 3, 2004, City Staff received a formal application for requested
relief of the provisions of Sections 106-522(b) 7. and 106-522(a) of the
City Code of Ordinances.
12. As a matter of public safety, Section 106-522(b) 7. of the Code of
Ordinances limits the stacking of containers to 4-high. Section 106-522(a)
establishes the minimum side-yard setback at 30'.
13. Refrigerated Container Sales Inc. stated that their space available at the
yard, the design of the detention facilities, and the position of the truck
access roads prevented the maintaining of a southern side-yard setback
of 30' and the stacking of containers being limited to 4-high.
14. Refrigerated Container Sales, Inc. proposed that since the southern side-
yard bordered another industrial activity, and since that activity endorsed
the stacking of containers at their current setback of 10' as a noise buffer,
that the setback remain at 10'.
15. Refrigerated Container Sales, Inc. proposed that the exterior container
stacking (surrounding the perimeter of the yard) comply with the
Ordinance while allowing the interior stacks to be 5-high thereby, in their
argument, providing adequate buffer for public safety.
16. On May 27, 2004, the City of La Porte Zoning Board of Adjustment heard
the issues and the requests for variances. Judging that adequate buffer
was maintained, the ZBOA granted the variance for maintaining the 10'
side-yard setback on the southern perimeter. Given that the stacking of 5-
high is not consistent with the safety concerns of the Ordinance; the ZBOA
denied the variance to allow the applicant to stack the interior containers
5-high and directed that the applicant comply with the Ordinance.
PASSED AND APPROVED BY THE BOARD OF ADJUSTMENT, CITY OF LA
PORTE, TEXAS, ~(~. e2~~ , 2004.
ZONING BOARD OF ADJUSTMENT, CITY OF LA PORTE, TEXAS
By:
Sidney r t, airman
APPRO~G~$~O FORM:
J rong, Ass. tant C' tt ney
#vo4-oos
VARIANCE
FOR
•
1607 WILLOW VIEW
ALLOW CONSTRUCTION OF AN ACCESSORY
BUII..DING IN THE REAR YARD IN EXCESS OF
1000 S.F.
EXHIBITS:
APPLICATION FOR VARIANCE
STAFF REPORT
EXHIBIT A AREA MAP
EXHIBIT B SURVEY/SITE PLAN
EXHIBIT C HCAD EXTRACT 6154A
EXHIBIT D---DIVISION 2, SECTION 106-741(e)(1),
ACCESSORY BUILDINGS, USES AND
EQUIPMENT REQUIREMENTS OF THE
CITY' S CODE OF ORDINANCES
CITY OF LA PORTE
~G BOARD OF ADJUSTME~
VARIANCE REQUEST
Application No.: ~ 7 ^ f~0
OFFICE USE ONLY: Fee: $100.00 Date Received: '
. Receipt No.:
Note: This Fee is Non-Refundable Regardless of the Board's Decision.
Applicant: ~~.ntiw~ (`~ooz.~ ~ .
Name
lls~o`I W~wow~~~~ ~. 2~t-'i1'D''~S°I
Address Phone
I am ~ the owner, of the herein described property. I have authorized
to act on my behalf in this matter.
Owner*:
Name
Address Phone
I am requesting a variance to Sect. lfl'b-'l'-11 of the City Zoning Ordinance No.~ 1501.
I am requesting this variance for property located at 1~00'l l~ 1 us~vJ~1+~ ~ ~'i .
LaT ~ W iLLOv`1~(1 t~ ~ Street Address
Legal Description
()Site Plan ()Minor Development Site Plan
()Major Development Site Plan ~ General Plan
A Site Plan of the property is. attached. Also, I have listed the information requested below
on the following pages of this form.
a) All facts concerning the matter that has led up to this request.
b) The type of relief I am seeking (setbacks, lot coverage, etc.).
c) The grounds .upon which I am making this quest.
* If applicant i~ NOT the owner, he must provide orization to act on the Owner's
behalf.
Ot0 ~ ( 2
Date
Applicant's Signature
Office Use Only
Site Plan and Authorization (if applicable) attached? Yes () No ( )
Date transmitted to the Board of Adjustments:
Meeting Date: Applicant Notified of Date:
Notice to surrounding property owners -Date:
Board's Decision: Approved () Denied ( )
Notice of Board Decision mailed to Applicantl0wner:
• •
FACTS RELEVANT TO THIS MATTER:
Currently my home has a detached garage with the approximate dimensions of 30' wide
by 29' deep. This garage is in need of repairs, consisting of a new roof and siding.
Due to the unusual design, the garage sits below the vegetation line, which causes the
siding to rot. For successful and lasting repairs it would be necessary to.raise the garage,
either by raising the slab or lifting the garage and pouring a new slab.
With these issues, I am considering simply removing the gazage and replacing it with a
metal building (steel frame). -
Under ARTICLE V, DIVISION 2 of the City of LaPorte's Code or Ordinance I am
restricted to 1000 sq. ft. I am requesting a variance to the "squaze foot" limitation to
exceed this by 500 sq. ft. (30' wide by 50' deep.) The attached copy of a survey
demonstrates the size and location.
- Currently I own a recreational vehicle which I park in open view and exposed to
weather and other environmental conditions. The described garage will allow me to park
this vehicle in an enclosed area protecting it from these conditions, thereby helping retain
its value from deterioration.
The additional area will allow me to keep my "family" vehicle in the garage where it
will also be protected from the listed conditions.
As with most "common folks" I have other items such as lawn mowers, hand tools, air
compressor and other small items necessary to maintain my home, vehicles and such
which I would keep secured in this gazage.
With the limit of 1000 sq. ft., I would be extremely limited to the "use" of the garage.
The extra 500 sq. ft. will allow me to maintain my vehicles; store those listed items and
protect my investment in the recreational vehicle.
If forced to relocate this garage to the required "lot Line" I would be forced to remove
two large trees that offer my home and back yazd area with shade.
TYPE OF RELIEF BEING SOUGHT:
I am requesting a variance in the limit on the size of the garage.. Section i06-741 (e) 1,
limits the square footage to 1000 sq. ft. I request a variance to allow a detached gazage to
be built with 1500 sq. $.
Due to Section 106-741 (2) being vague and addressing Large Lo. t Residential Only, I
will also submit a request for a variance on the location from the side lot line and the
distance required from another structure. I request a variance to build with the restriction
imposed under section 106-721 (b) as far as distance from lot lines and other structures. ~.
T~ GROUNDS FOR THE REQUEST:
I am confident that the grounds for the requested variances would not be contrary to
public interests. The literal enforcement of the listed ordinace would put an unnecessary
hardship because of the limit azea I have to build this gazage and its design and purpose
of use. I do not feel that a variance, as requested, would in any way violate the intent of
this specific ordinace.
Staff Report July 22, 2004
Variance Request #V04-008
Requested bv: Mr. Sherman M Moore, 7r. (Property Owner)
Requested for: Lot 7, Willow View Subdivision, Vol. 79, Pg. 46, H.C.M.R., Enoch Brinson League,
Abstract No. 5, La Porte, Harris County, Texas.
Location: 1607 Willow View Street
ZoniuE: Low Density Residential (R 1)
Baclg!round: Lot 7 (21,200 sq.ft.) is located in the Willow View Subdivision along North `P' Street
west of Northwest Park in Lomax azea. Willow View is a 60' public right-of--way
irnersecting at North `P' Street. The subject lot is adjacern to the Northwest Pazk. The lot
has 15' drainage easemern plus 10' utility easemern in the rear yazd. Currently, the
gazage has unusual dimensions. of 30'wide and 29'deep. Due to current design, the
gazage sits below the vegetation line, which causes the siding to rot and needs a serious
repair. The applicarn wants to replace 850 S.F. of wood frame gazage with a 1,500 S.F. of
2 car gazage by lifting the gazage and pouring a new slab.
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 yard, nor exceed 1,000 S.F.
An exception is made for large lot residential tracts to have accessory buildings up to
2,000 S.F. but by definition, this exception is for tracts one (1) acre or greater.
This variance requests seeks to allow the construction of an accessory building (2 car
gazage) in the reaz yazd allowing the building to be 30'x50', or 1500 S.F. which is 500
S.F. over the limit.
An sis: Section 106-192(b)(1), in the Code of Ordinances, defines a dance as a deviation from
the literal provisions of the chapter, which is granted by the Board when strict
conformity to the chc~ter 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 (approx. 0.48 ac.) Section 106-741 prohibits the
proposed construction ofthe accessory building in excess of 1000 S.F.
Except as otherwise prohibited, the boazd is empowered to authorize a variance from a
requirement when the boazd 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 enforcemern of the chapter will result in unnecessary hardship because of
exceptional narrowness, shallowness, shape, topography or other extraordinary or
CJ
•
Zoning Board of Adjustment
July 22, 2004
#V04-008
Page 2 of 3
exceptional physical situation unique to the specific piece of property in question.
"Unnecessary hazdship" shall mean physical hardship relating to the property itself as
distinguished from a hazdship relating to convenience, financial considerations or
caprice, and the hazdship 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 25' wide easemems
(15' drainage easement + 10' utility easement) in the reaz yazd of the lot. The total
squaze footage of the lot may easily accommodate an accessory building or proposed
gazage with the currerrt lot's dimensions of width and depth
The applicasrt wants to construct a 30'x 50' building that is 500 5. F. over the limit
allowed by the Ordinance. The applicant states that the additional size is required due to:
• A recreational vehicle, which is exposed to weather and other environmental
conditions.
• Other family vehicles to be kept in place.
• Lawn mowers, tools and other necessary items to be secured inside.
• Extra space will allow ample maintenance area..
The ZBOA's final considerr~ion is whether granting of this request observes the spirit
of the ordinance There are no provisions in the Ordinance to vrvy from the size
restriction based upon the intended use
Conclusion: Variance Request #V04-008 seeks relief for the construction of an accessory building in
the reaz yazd of lot 7 in excess of 1000 S.F. contrary to the City Code of Ordinances. The
circumstance for the requested variance does not, in our opinion, meet the provisions
established by Section 106-192. (Variances) in that the request is not due to physical
hardship imposed by the uniqueness of the property concerned.
While the reasons for the variance relating to the size of the building do not strictly
conform to "physical hazdship relating to the property itselfl' the building's intended use
to store items, vehicles and equipment that might otherwise be committed to open storage
may be taken into consideration when rendering a decision. As a reminder, the Boazd
considered a similar matter on June 24, 2004.
• •
Zoning Board of Adjustment
July 22, 2004
#V04-008
Page 3 of 3
While recognizing the circumstances associated with the property, the Board could
consider:
• Allowing the building to be 1500 S.F., in excess of the 1000 S.F. allowed by
ordinance, to accommodate intended private storage (variance granted).
• Deny the variance for the accessory building to be 500 S. F. over the limit
allowed by the ordinance.
A°aeals: As per Section 106-196 of the Code of Ordinances of the City of I.a 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.
A.
CH~.RLES E. BA'~
REGISTERED PROFE3910NAL LAND SURVEYOR No.4110 '
1110 E. LAMBUTH DEER PARK,TEXAS »339 479-5133
' o u r L o r 4 0 4
No¢TK
~ r~°arch~ no} Found ~ Sel.rch, no+ Found
Cor• underwa{-6r ~u~-} `QQ.G~ Cor.ur~clarwcz}~r
,
15dn-2i ~r1a ~ s~etmenf as shown •
- % ~ - - -
10 U. ~ . a5 shown on record pb- ,
L~ Tin Shed
`o ~l<• on Skids ~.~
. ~ ~TempofQry) 8
~~
4. cy
•~ O ~ ~ N
u J~ ~
.` ~~ ~ , .
M
6
~ ~ •
d'
~E - g
;-~ _E g
. ~ u`` •. ~ n' .
3 ~ \` ``
s o _
+.
~ .3 ~ ~~ too
r~ .O~J 7•C ~ .. 2 Csniz i[+ ~ .
_ WaaD ~'F1~1A ep `
7- p Ga RA C, a NN 11(/~1\I
~ + u W
~ +.
o C o
+ 6 ~ Z3.o "~ ~ ~ -
~ ~ 4 n1
Q ~ V ° ~ .• .
• ~ ~ a J N • 075 •
Q,' 0 •1
~ '+o_ 53.30' ~q>' ' . ...~' :off
3 a : • Co(IC• ~ '
N m M • Prrve ~ r
~ ~ ~° " • • ' ~ Ivy ~ ~~L•d ~
Q 0 ~ ~ p~. or-E 5Tcf2Y N 4.L5 ' 1i.o5 : ; '~~~ ~ G
• ~ U1L¢ ll J l~ BP~tGk E- FFLs~.IE _o- 10 = ! j'i.~~~ ~.ZL~
~ v J ~ R•EStoE.NGE ~ 1 , f ~~
~ c s a ~ 1 , (_~~ j
^ o w e sZ ~ ~ I 1 ~ I
~ ~ W M+ 10.35 c ~, 17.Y5 '~ ~ ` 1 ~ I
~~~ v la.v ~ m u.55 L~ 131.
S I~-
. ;c,l,Q, .... wpll~• I d
N
. .~ i d I
L I
. 111. Ni 1 ~ '
I ~
v ~' i ~ _ 1
~ I
1 ~ I
~oG>7 I . .
,~y.~ 8.3 1 14 S o
Ft1d i~g"I.R. ` l O~ '~ ~ W fi1d•~/8`I•R.
W I LLO~1V I EW ~T• ~~o' ~. o. ~. ~
SueJECt to the zonlny ordinances nor in ~ 1 hereby certify that this survey vas made on the ground, that
force in the city or I.A PoR.~E~'IFX6,<<j this plat correctly represents 'the facts found at thetime of '
' LEGEND survey and that this professional service conforms to the
v.E. - urlll.y Eesem•nr current Texas, Surveyors Association Standards and Spe ~ ~ g
A.E. -Unobstructed Aerial Easement for a Catego~yyyA, Co ition 7~Surve
,. .... , , , . .. /J'/ ~ ~ /~ ~ /
~~~T~~ * ~ W ~ a
~ ' ~ ~ ~ s ~ ~ C~ LA N ~
=vat o,s u.t0
_ 615 A
I
I
~~ ^^
~ L~ a-aooov~ ^' j
F
r s ~ + LLl rowoooo--~m ~ i
P I ~ .. _ .._._._ I
N I
.r ~T ~
98L I 06L °o
1 ~
ae
o tt~
Y g ~, s ~ a
I ~ 6 S~
I w
I ~ ~ '~ ..
p I ~ a ~Fi A
C 1 F ~ F N
N I ~ ~ m eD ~1ZZ1/
I ~ I
aloe ~
I N eeDe f N ~ pOl ~l urn nr7 f l
OSZ-b 60
~ eloe aoe aloe ~ .a
~ ff, ~wo
~ ots ~o p ~ F~ i^p~ a g p ~ p ~W, R ... _. p
!~-,Y4 ^r 4 a
N ~ rl ~
p v ~ , ~ c , ~ ~ ~ ooe _ ., we _ ~aoe _ ~- aoe
~ ela _ ~~ elerw -.--- -
-- - ~ f
Tel 1c66't
f
_ --- ~ elereor esos
O ~" f
a-aooo~s $i
~' ~ ocaoooo~orr~to
~ r--- Y
I eo f
I W
~I m O ~ ~ ~ J
I ne'Ml - ~•7~~
iiY w
11W ~ ~ '
1 r I , N
gr , ~ ~ ~ ~ a '~° ~ni as ~oav~
I
w 0°` memo- ~
•
$ 106-741 LA PORTS CODE
•
DIVISION 2 ACCESSORY BUILDINGS, USES AND EQUIPMENT
sea 106-741. Ceaerad provisions.
.(a) No accessory buildings, uses or structures shaIl be erected or located is any required
yard other than the rear yard ezcept:
(1) A detached private garage as defined, may be permitted in 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 shat a street right-of-way.
(2) Accessory bufldings bu~1t on a skid foundati~, ao larger than 120 square feet and no
more than one story in height may be located in utility easements in required rear
yards, ezcept that they.may not be located closer than three feet from aside ar rear
property line or closer than sir feet firom any other.strncture.
(b) Accessory buildings, uses sad structures shall not ezceed 15 feet is height, shall be
three feet or more from all lot lines, shall be sir feet or more from any other building ar _
structure on the same Iot, and shall not be located upon any utility easement,
(c) Private garage structures with vehicular access doors facing public alleys, as defined in
the public improvement construction polity and standards, shall be 20 feet or more from the _
alley right-of-way. Detached garages located in rear yards of c~raer lots shall be set back a
minimum ten feet 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 mare than 25 percent of a rear yard, nor exceed 1,000 square feet of floor area.
(2) Large lot residential only. Accessory buildings is single-family residential large lots
may not exceed 2,000 square feet of floor area. Accessory buildings with a floor area in
excess of 1,000 square feet mast be located at least 30 feet from any property line and
30 feat behind the rear of the primary structure.
(fl No 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 energy 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 ~~~ ~ ~~