The URL can be used to link to this page

Home My WebLink About08-26-2004 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment• ZONING BOARD OF ADJUSTMENT MINUTES OF AUGUST 26, 2004 Members Present: Sidney Grant, Charles Schoppe, George Maltsberger, and Alternate No. 1 Barbara Norwine Members Absent: Bob Capen, Rod Rothermel, Alternate No.2 Bernard Legrand City Staff Present: Interim Planning Director Wayne Sabo, Planning Secretary Peggy Lee 1. CALL TO ORDER. Chairperson Sidney Grant called the meeting to order at 6:05 P.M. 2. APPROVE MINUTES OF THE JULY 22, ~ JULY 27, 2004, MEETINGS. Minutes of both meetings were approved as presented. 3. CONSIDER SPECIAL EXCEPTION REQUEST #SE04-0O7 FOR PROPERTY LOCATED AT 10003 SPENCER HIGHWAY, FURTHER DESCRIBED BY THE HARRIS COUNTY APPRAISAL DISTRICT AS TRACT 8C, .05510 ACRES; TRACT 8A-1; 0.9954 ACRES OUT OF W.M. JONES SURVEY, A~82, LA PORTE, HARRIS COUNTY, TEXAS. THE APPLICANT SEEKS A REDUCTION IN THE STANDARD FRONT YARD SETBACK REQUIREMENT IN ORDER TO . ALLOW A CONSTRUCTED FENCE ALONG THE WESTERN PORTION OF THE SITE WITHIN THE FRONT YARD SETBACK. THIS EXCEPTION IS BEING SOUGHT UNDER THE TERMS OF SECTION 106-191(B)(2)(A) OF THE CITY'S CODE OF ORDINANCES. A. STAFF PRESENTATION Interim Planning Director, Wayne Sabo, presented staffs report. The applicant, Anthony Martin, of A8M Construction, has requested a special exception for the "Texas Sports Bar and Grill" located at 10003 Spencer Highway. The exception would allow a reduction in the front yard setback in order for a constructed fence to remain along the western portion of the site where it borders a day care center. B. PROPONENTS Chairperson Grant swore in Anthony Martin, owner of A8~M Construction. Mr. Martin stated the fence is needed for safety to prevent children from the neighboring daycare facility from entering the parking lot. C. OPPONENTS There were no opponents. Motion by George Maltsberger to approve Special Exception #SE04-007 for property located at 10003 Spencer Highway, to reduce the standard front yard setback requirements to allow a constructed fence to remain along the western portion of the site. Second by Barbara Norwine. The motion carried. Ayes: Maltsberger, Norwine, Schoppe, and Grant Nays: Abstain: Zonin Board of Adjustment • • 9 Minutes of August 26, 2004 Page 2 4. CONSIDER VARIANCE REQUEST #V04-0O7 FOR PROPERTY LOCATED AT 3853 PECAN CIRCLE; BEING LOT 27, BLOCK 8 OF FAIRMONT PARK EAST SECTION 1A, VOL. 306, PG. 69, W.M. JONES SURVEY, ABSTRACT 482, LA PORTS, HARRIS COUNTY, TEXAS. THE APPLICANT SEEKS RELIEF TO ALLOW A ROOM ADDITION ADJOINING THE UTILITY EASEMENT LOCATED IN A REAR YARD ENCROACHING ON THE MINIMUM THREE FEET SETBACK PER SECTION 106-333 TABLE B OF THE CODE OF ORDINANCES. THIS VARIANCE IS BEING SOUGHT UNDER THE TERMS OF SECTION 106-192(B) OF THE CITY'S CODE OF ORDINANCES. A. STAFF PRESENTATION Mr. Sabo presented staffs report. The applicant, Leroy Marchan, has requested a variance for property located at 3853 Pecan Circle to allow a constructed room on a patio slab to remain within the 3' required rear yard setback abutting a 16' utility easement. The addition was constructed without a permit and did not conform to code. The room has since been made to conform to the building code. B. PROPONENTS Chairperson Grant called for proponents. There were none. After discussion had been closed, Mr. Grant re-opened discussion to allow Regina Marchan an opportunity to speak. Chairperson Grant swore in Regina Marchan, of 3853 Pecan Circle. One of the public responses the City received complained of too many cars parked at the residence and that the room addition was. to acxommodate an extended family. Ms. Marchan commented they own four cars parked at the residence and the room addition is for her. No other families live at the home. C. OPPONENTS There were no opponents. Chairperson Grant concluded public input and the Board discussed the merits of the case. Motion by George Maltsberger to deny Variance Request #V04-007 to allow a constructed room addition to remain adjoining a utility easement in the rear yard and encroaching within the minimum three-foot setback at 3853 Pecan Circle. Second by Charles Schoppe. The motion carried. Ayes: Maltsberger, Schoppe, Norwine, and Grant Nays: Abstain: 5. CONSIDER SPECIAL EXCEPTION REQUEST #SE04-008 REQUESTED FOR PROPERTY LOCATED AT 3234 ANDRICKS ROAD, FURTHER DESCRIBED BY THE HARRIS COUNTY APPRAISAL DISTRICT AS BLOCK 6; LOT 102, SPENWICK PLACE, SECTION 1, LA PORTS, HARRIS COUNTY, TEXAS. THE APPLICANTS SEEK TO ERECT A FENCE IN THE FRONT YARD, WHICH IS PROHIBITED BY SECTION 106-791 OF THE CODE OF ORDINANCES. THIS EXCEPTION IS BEING SOUGHT UNDER THE TERMS OF SECTION 106-191(B)(2)(A) 8~ (D) OF THE CODE OF ORDINANCES. A. STAFF PRESENTATION Mr. Sabo presented staffs report. The applicants, Jerry and Daun Lambert, have requested a special exception to reduce the front setback to allow a front yard fence at their residence at 3234 Andricks Rd. • ~ • Zoning Board of Adjustment Minutes of August 26, 2004 Page 3 B. PROPONENTS Chairperson Grant swore in Daun Lambert, of 3234 Andricks Rd. Ms. Lambert spoke about the need for a fence to keep her grandchildren safely in the yard and stray dogs and young adults out of the yard. C. OPPONENTS There were no opponents. Motion by Charles Schoppe to approve Special Exception Request #SE04-008 to allow construction of a fence with a reduced front yard setback at 3234 Andricks Rd. where it borders even with the neighbor's fence. Second by Barbara Norwine. The motion carried. Ayes: Schoppe, Norwine, Maltsberger, and Grant Nays: Abstain: 6. CONSIDER VARIANCE REQUEST #V04-009, REQUESTED FOR PROPOSED HOTEUMOTEL TO BE LOCATED AT 908 S. 8T" STREET. THE APPLICANT SEEKS A VARIANCE TO EXCEED THE CITY'S STANDARD REQUIREMENT FOR MAXIMUM HEIGHT OF 45 FEET PER SECTION 106-443, TABLE B, OF THE CODE OF ORDINANCES. THIS VARIANCE IS BEING SOUGHT UNDER THE TERMS OF SECTION 106-1926(2) OF THE CODE OR ORDINANCES OF THE CITY OF LA PORTE. A. STAFF PRESENTATION Mr. Sabo presented staffs report. The agent, Bobby Grisham, for property owner Sejal Dimple Patel, has requested a variance to build afour--story hotel with req~ired parking spaces and landscaping exceeding a maximum height of 45 feet at 908 S. 8 Street. Mr. Sabo answered questions from the Board. B. PROPONENETS Chairperson Grant swore in Raul Desai, of 7618 Betty Jane. Mr. Desai is the original developer of the Best Western and owns the land next door. Mr. Desai commented the land configuration and parking requirements prohibit development of the hotel as proposed: Chairperson Grant swore in Bobby Grisham, co-owner of Grisham-Toler Properties at 4650 Center St. in Deer Park. Mr. Grisham mentioned letters written on behalf of Mr. Sejal Patel from the City of Deer Park's Mayor, the President of the Deer Park Chamber of Commerce, and South Trust Bank's President. He feels the highest and best use for the property is a hotel. See remarks from Tom Hathcock listed under Opponents C. OPPONENTS Chairperson Grant swore in John Kiibler, whose office is at 1414 S. Broadway. Mr. Kiibler and his partner sold the strip of land where the Best Western is located to Mr. Desai. Mr. Kiibler described stipulations of the sale. This motel development should be required to abide by the same regulations the other motels followed. Mr. Kiibler feels the proposed Holiday Inn should not be allowed to exceed the 45-foot height limit because in the hotel business, visibility~is everything. Zoning Board of Adjustment • • Minutes of August 26, 2004 Page 4 Chairperson Grant swore in Neil Patel, of 902 Hwy. 146 S. Mr. Patel commented that motel occupancy rates are down in La Porte because the market is saturated. The addition of another motel is not feasible. Mr. Kiibler provided the Commission with a document titled "Exhibit A", which shows the number of available motel rooms and occupancy rates for La Porte. He asked that it be entered into the record. (See attached.) Chairperson Grant swore Mike Desai, with the Best Western on SH 146. Mr. Desai commented that occupancy rates are declining and there are already too many available motel rooms in LaPorte. Raul Desai reminded everyone that the issue is not about occupancy rates or permission to build a hotel. The issue is about permission to exceed height requirements. Mr. Desai commented that Mr. Kiibler's client, Jagdish Patel, owns the Comfort Inn and has plans to build a Hampton Inn. Hotels are not doing badly. Hotels that provide the proper amenities are doing well. Entrepreneurial spirit should not be limited. Chairperson Grant swore in Kathy Montreal, General Manager of Comfort Suites at 902 S. 8~'. She commented that their occupancy rate has been declining. Chairperson Grant swore in Dimple Patel, owner and manager of Comfort Suites at 1501 Center St, Deer Park. Mr. Patel commented that the central reservation system for Comfort Suites indicates the Comfort Suites in La Porte was booked solid on Monday, Tuesday, and Wednesday, of this week. Chairperson Grant swore in Tom Hathcock, of Grisham Tolar Properties at 4650 Center St., Deer Park. Mr. Hathcock spoke during the opposition segment but is in favor of the request. Business is not down in La Porte. His business gets calls at least .twice a month from industries trying to locate here. With no others wishing to speak, Chairperson Grant closed the meeting to audience participation. The Board discussed the merits of the case. Motion by Charles Schoppe to approve Variance Request #V04-009 to allow afour--story hotel to be built at 908 S. 8~' Street at a height of 60 feet, exceeding the maximum allowable height of 45 feet. Second by George Maltsberger. The motion failed. Ayes: Schoppe, Malt.sberger and Grant Nays: Norwine Abstain: There was discussion with the Attorney as to the result of the vote. Mr. Askins affirmed that it took the vote of four members to decide in favor of the applicant. 7. DISCUSS FINDINGS OF FACTS AND CONCLUSIONS OF LAW REGARDING VARIANCE REQUEST #V04-005 BY REFRIGERATED CONTAINER SALES, INC. It was the general consensus of the Board that this item did not require further discussion. None of the members had issue with the Findings of Fact and Conclusions of Law regarding Variance Request #V04-005 by Refrigerated Container Sales, Inc. 8. STAFF REPORTS Mr. Sabo reported the following: • • Zoning Board of Adjustment Minutes of August 26, 2004 Page 5 The City is working to create a rural large lot residential district. A committee has been formed to review the various aspects of such a district and recommend their findings to the Planning 8~ Zoning Commission and City Council. The committee will meet on the first Thursday of each month at 7:00 P.M. in the Council Chambers. The Main Street District Committee will present their recommendation to the Planning 8~ Zoning Commission in September. 9. ADJOURN Chairperson Grant adjourned the meeting at 7:22 P.M. Submitted by, eg Planrnng ecretary /~ Approved on this day of ~CJY , 2004. Sidney Grant ~ Chairperson, ~ ing Board of Adjustment • • Exhibit "A" Eristin~ Hotels Name No of Rooms La Quints Inn 114 Comfort Suites 69 Best western 49 Fairway Inn 49 Garden Suites 40 Bayshore Motel 47 Plaza Motel 21 Bayport Motel 14 Kings Bay Inn 14 Total 9 Hotels 417 * New Hotel for 61 Rooms (coming soon) Hotel Occupancy in La Porte for last 4 yeazs (Texas Hotel Performance Factbook, Source Strategies Inc.) Year Occupancv 2000 60% 2001 67% 2002 62% 2003 60% Average Occupancy 62.25% ----------------------------------------------- Taking the total numbers of rooms from an existing hotels times the average occupancy of a hotel 417 ~ Total No of Rooms x 62.25% Average Occupancy 259 Total Average Rooms Occupied 417 Total No of e~sting Rooms - 259 Total Averaee Rooms Occupied 158 Total Avg Rooms Un-occupied As you can see, La pone still have 158 rooms that are unoccupied which is equivalent to 3 Hotels with 52 Rooms. In addition, La porte is having another new Hotel for 61 rooms. • • Date: To: City of La Porte From: Hotel Owners in City of La Porte Ladies and Gentlemen: We are the hotel investors and owners of the hotels located in the City of La Porte. We would like to bring it to your attention the hotel occupancy rates and the number of hotel rooms in the City of La Porte (see attached Exhibit "A") As you can see, at airy time there are an average of 158 Rooms that are unoccupied. In other words, this could be 3 Hotels with 52 rooms that would remain unoccupied at all times based on the current demands for rooms. In addition to this we, having another new Hotel for 61 rooms. We ask that the City consider a moratorium on construction of new hotels until such time as the demand for rooms creates a need for new rooms. We all have large investments in our properties and want to have successful business in the City of La Porte. The hotel market is so saturated that any additional rooms could put one of the e~sting hotels out of business. Thank you for you= courtesy in this manner. Sincerely, La Quints Inn By: ~.~.- Ste` ~-- L~,tV~~l SM'1'~=~ C~-cµ-~l MG~Kt~!- Print Name & Title Comfort Suites P.~- ame ~ title Best Western La Porte Inn r By: !S ~~~-•T~t~w,, Prim Name & title r1 ~J Fairway I By: o f3f3 ~z~ ~- Print Name & tle Garden Suites By: Print Name & Title Bayshore Motel -c. !'kr/ Print Name 8c Title Plaza Motel 1'~1 ~'~-~~ / T ~Y11~ m; n; Print Name & Title Bayport Motel By: - J L Print Name 8c Title Kings Bay Inn By; ~~~ Print Name & i e :] • #V04-009 VARIANCE FOR 401 W. G STREET • EXCEED THE MAXIMUM HEIGHT OF 45 FEET EXHIBITS: APPLICATION FOR VARIANCE STAFF REPORT EXHIBIT A -AREA MAPS (LINE OF SIGHT) EXHIBIT B -ELEVATION PLAN EXHIBIT C -SECT. 106-443, TABLE B, COMMERCIAL AREA REQUIREMENTS OF THE CITY' S CODE OF ORDINANCES EXHIBIT D -FACTS RELEVANT TO THIS MATTER CITY OF LA PORTS ZO~G BOARD OF ADJUSTME~ VARIANCE REQUEST Application No.: ~ - OJT OFFICE USE ONLY: Fee: $150.00 Date Received: ~- Off- pL~ Receipt No.: f~ ~ ,y ,g' Note: This Fee is Non-Refundable Regardless of the Board's Decision Applicant: ~~ _ ~;,~~7~F ~ra{~1 - I7r~~rz~~ ~Pr74-~rPS i_~~ Name t aca i Cer•tt~r ~~r~~t Dees- 'mot ~~~-k, j ~x~c> ~t`x`-~ ~i~z ~~t . ~3c~. ~?~S Address Phone I am the owner of the herein described property. I have authorized (?~ ~~ ~,~ch~~y~~ to act on my behalf in this matter. Owner*: ~~ ~ ~ ~i rp7 (,~ ~~~c~ ~ ~ _'_' Name 15G I CEr`~t~Y ~ ~s'~t . Address Phone I am requesting a variance to Sect. IDIn •-l~l ~ of the City Zoning regulations Chapter 106 of the Code of Ordinance. I am requesting this variance for property located at ('rrr~ f t"~ "~~ ~~~,-~, C-i 5t~.e~. Street Address Legal Description (`~ Site Plan ~) Minor Development Site Plan (k) Major Development Site Plan (~ General Plan . A Site Plan of the property is attached. Also, I have listed the information requested below on the following pages of this form. a) All facts concerning the matter that has led up to this request. • b) The type of relief I am seeking (setbacks, lot coverage, etc.). c) The grounds upon which I am making this request. * If al;plicant is NOT the owner, he must provide Authorization to act on the Owner's behalf. '`~ ~.. ate _ Applicant's Signature . Office Use Only Site PI:m 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- Do-ite: Board's Decision: Approved () Denied ( ) Notice of I~oards Decision mailed to Applicant/Owner: Staff Report ~ September 23, 2004 Variance Request #V04-009 Requested bv: Sejal Dimple Patel (Property Owner), Bobby Grisham (Agent) Requested for: A Commercial Reserve 1, Block 1,1.3214 acres (57,560 sq.ft.) situated in the Johnson Hunter League, Abstract No. 35, LaPorte, Harris County, Texas. Location: 401 West G Street (Proposed hoteUmotel site) Zoning: General Commercial (GC) Backsround: The City of LaPorte received a development plan for proposed hotel and suites to be located at the northwest corner of S. 8~' and West "G" Street. The developer /owner is proposing 61 rooms in a 4 story hotel building. Total height of the proposed building with roof top/ridge exceeds the maximum of 45 ft. permitted per Code of Ordinances. The plat of the subject property has already been approved. Access to the proposed facility will be off West "G" Street, barring access to SH. 146 due to narrowness of the commercial reserve along the Highway. Per Section 106-443, Table B, commercial area requirements, the maximum height for all permitted or conditional uses in General Commercial (GC) is 45 feet. This variance requests seeks to allow a relief of the maximum height limit. This issue was first heard on August 26, 2004; receiving 3 votes for and 1 against the variance. By written request from the Chairman of the ZBOA, the variance is brought back before the Board for consideration. Analysis: Section 106-192(b)(2), 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 exceptional narrowness, shallowness, shape, topography or extraordinary or exceptional physical situation unique to the property on which the variance is granted. The subject tract is 1.32 acre (57,560 sq.ft.) with floor area ratio or lot coverage approx. 30%. As per plan, the vertical distance of a building measured from average elevation of the finished grade of the structure to the highest point of the roof exceeds 45 ft. 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 wnvenience, financial considerations or • • Zoning Board of Adjustment September 23, 2004 ~ . #V04-009 (Second Consideration) Page 2 of 3 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. In determining if granting the applicant's request would be contrary to the public interest, Staff recognizes that the development of the property may not create a problem with adjoining properties. Adjoining properties have similaz use. In addition, a survey of surrounding properties shows that this proposed development is typical to the commercial entities especially to lodging industry. Coordination with the La Porte Fire Department showed no safety related issues. The ZBOA's final consideration is whether granting of this request, observes the spirit of the ordinance. The developer/owner of proposed hoteUmotel has submitted letters from the City of Deer Pazk and Chamber of Commerce showing strong support for the projects currently operated there. A letter from the Southtrust Bank shows credibility towazds carrying out this proposed venture in La Porte. The applicant's request is based solely on the current shape and location of the property. In addition, the developer is unable to take advantage of the driveway off State Highway 146. The visibility and mazketability factors play a major role in a successful business. Under the circumstances, compensatory measures should be considered to make a project economically feasible. During the last hearing, the size and visibility of the new hotel complex was an issue. By request and for your consideration, attached to this report are line-of-sight studies relating to traffic on highway 146 and the Best Western Motel in relation to the proposed site of the new hotel. Being set back from highway 146, the proposed hotel is at a disadvantage. Conclusion: Request #V04-009 seeks a variance for the applicant to build a 4 story hotel with required pazking spaces and landscaping exceeding maximum height of 45 feet. The building heights usually exclude penthouses containing mechanical equipment such as air conditioning or elevator equipment and church spires, water towers, radio, and cellulaz antennas, etc. The parameters for the requested variance, given the shape and location of the property and the economic feasibility issues involved may meet the provisions established by Section 106-192. Variances. While recognizing the circumstances associated with the property, the Boazd could consider: • Allowing the project 4 stories with a height of 60 feet, exceeding the maximum height limit, (variance granted). • Zoning Boazd of Adjustment September 23, 2004 #V04-009 (Second Consideration) Page 3 of 3 r~ • Should the Boazd deny the variance, the maximum height limit of 45 feet shall be observed. 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, boazd 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 verifies, 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 Boazd of Adjustment. Documents a ~`` a - -.x._~- ~ 3 y, ~ ~ s :S a +r • N...~ ~ - ? .s ~"„'" ~`~s, , . ,5 ~ ~,q, ,4 f ;, X ~ ,. As i{j ~'. r ~ fi ++.~ S R+. ~,. ^ {'; `~ ~ ,- 1r •' .r s` ., ~ . ~, ; .~ ~~~ ,_ c'~~";~' ;~, it-,r ' . ~ ~ . Fo•-e• 10•-!• ~ •-o• ~ ~'- ~ ~ ' . ; . . l . . ' ' . . ...:.. . . .. .. b r ~. "~ H ~ a ~ H.;. ~ ' . . >s .. ' ,' H ". ~ . . F-i ' ~' ~.. .. ... . u~ S~ ~~^ ' F F . ~ ~ .. . ~ ~ . ~~ ~ ~' ,~ g 1~TE: JULY 27, 2004 REVI IONS - ~~~ ~ .. S ~ O ~~ ~ ~ ~ ~~ ~ xawN er: ~ w u vi ' ~~~~~~~ ^ ' ' DATE . DESCRIPTION ~ciuF: • • . 'ARCHITECTS'" ~ ~ ~ eZO 2 - - )OB 888 W SAM OUST WY ~ ~ . .. No: ~' HOTEL & SUITES . H ON. PK S. ~100 ~ ~ a ' uF: HO IDA i ~ ~ Y INN e L cPResS(u PORTE)~A-5 ~ .: LA PORTS TEXAS ~ ~ 'HOUSTON, TX 77042 E=Mail: . 4 - ' ' A~~ _ __ _ __ of µ . ~ . 713-266-3304 info®drassociates.net ~ "' S • • ZONIIVG $106-443 Uses (SIC Cade ~) ~ ~ .Zones CR NC ~ GC ' Kennels, breeding (0279) * * C Unlisted uses, similar to uses listed ~ - . ~. above ~ C ~ ~ C C L llefer to chapter IO of this Cade. (Must be at least 300 feet fiom church, school or hospital) . Sec. 106-442. Interpretation and enforcement., - . l?roperty uses, ezcept as provided for by section 106-441, Table A,' are prohibited and . constitute a violation of this chapter.. . Sec. 106-443. Table B, com~+p*~ial area regnirenzenta. - .. . - . - ~ . . . (a) . Table B, •commercial area requirements ~ ~ ~ ~ • - .. - ~ Resideatia! ' ~ • ~ ~ 11[uuinrun ~ ~ ~ ~ ~ 3tmi~nrae' ~ . ~ ~ bPu~imuin .. . -I6rd ~ . Yard • ~ - . Laiedseapuig - Mo~nrvn 3et6ae~a ~ Sst6er~e ~ ` ~ D[aaimrrm' Iisgriired ~ Loe • F..R.S+ FR3. Height . UJC4 ` . COf!!J'Qge 1. ~ 4 4 7 7. f (fee • R=9 uses (peamitted) ~ ~ 64r Density Iatenaity Regulatiaas Specified is Table B. iesideatial area . ~ ~ . seq++~*+~+_a.., seetiaa 106-353 CR Comm. la'ee~eatioa ~ . - . • ~ Dist.: aII permitted or conditional ~ ~ - . - . NC Neighborhood 696 5096 20-10-0 20-10-10 ~ 45 Comm,; all permitted or conditional . GC General Comm, all ~ 696 - 4096 20-10.0 - ~ 20-20-10 45 permitted ar conditional . Outside sales of ser- N/A N/A 5-6a Same~as NIA vacs - P~P~ . ' use • Outside stage N/A N/A ~ • 20-1Q-6 Same as See sectiaa P~P~ 106.444(b) . use ' F~estandia~ ca-preen- See article VII of this ct:apter ises signs . F~eestaadiag on-preen- ~ See article VII o[ this c hapter ices signs located is can trolled acoes~ highway . corridors CD106:59 ~~ : ~ .. .. i i i August 2, 2004 • BY CHOICE HOTELS City of La Porte 604 W. Fairmont Pkwy' ~ ~ ~ ' . l.a Porte, Texas 77571 ~' ~~;: (281) 471-5020 ~ , , .. ~ . Dear City of La Porte Planning ~ Zoning Department;:~'':'~~ .;t aiii writing in regards to our Variance Request for the land located on the comer of West G Streefland • ~,;~,~m Street We are requesting to build an alt new_ Holiday Inn Express Suites with 61 units. Per our;.::: .:: ~->,. :i:~ drawing we need a height variance to build this project 4 stories with a height of 61 feet .~,.:,, ,~a.. ,,,, - the current shape and location of the property, we are°riot ableto tatie i3dvi~tage:of the driveway from Hi 146 to benefit our usable ~ ~ ~'~" - - 9~y space: for•~'this' Hotel. Due to City planning :'and traffic on Highway 146, we can not use this driveway as `ari entrance to the hotel, an access .route ;from Highway ~ ~; ., 146, nor does it benefit visibility or bulding~ area. Our land is 53,706 sq. feet with a building footprint of .~ ~ t~;~~ .~`` ~~:• 17,115 sq. feet The shape of land does not allow us to build a feasible hotel using 3 doors; required '~ ` ~ `'. rkin s ::~' ~:_; pa g paces, and landscaping:., Without this fourth floor we would only be able to have 42 un'~ts ~~•=~~'~ which would make this `....~ ~'.::~: ;`: project eognoimically unfeasible anti Holiday Inn Express franchise unattainable. .. Our hotel is intended for busiiesstravelers..and engineers visiting. the City of La Porte working from Monday -Friday. Without these addgonat:rooms to service these guests our hotel will not be able to maintain the necessary occupancy.ley~'regiiired to keep up with faed'costs. ...5.•": :S. ~: Our drawings show a site. plan~with ~avery aesthetic. buld_ng facing~Highway 146 with half stucco and .' ~ half bride design. This property with its~con~tructon;and~,disign:will. help attract and retain many guests _ visiting the City of L.a Porte. The hotel will be"an:'atF` suite` property`:supplying business travelers and industries with the necessary amenities and cxmference'space .currently needed by the city. _:~~:. • Also, attached with this variance request are,letters'from key member'~of~tfe^Ci'ty of Deer Park, where .' ~:. we currently awn and operate the. Comfort:Suites and Best Western •In i~eer Park, we help support the • manY.9rowing industries by,providiig travelers with the hest service possible'`;~~~ ~.~`~~ With tt-is hotel we plan to both benefit the City of La Porte and its rowi .:.~ '~' .~;~,~.: g ng industres by providing a quality hotel. This hotel with its Holiday lnn Express franchise and experienced owners and operators: will help grow the City of La Porte in both tax rerenue and the long term prospectus for La Porte. Thank you for your time and consideration. ~ ~ . Sincerely, : _ _ .' ~. . . ~ .. Dimple Dhiru Patel 1501 CENTER ST. DEER PARK, TX 77536 PHONE 281-930-8888 FAX 281-930$883 TOLL FREE 1$00-C81-7094 _.~_.~.~___.._..~.~........._a,Rc~11..T.3t~? e~sedeer ac4.:^!!1..._,........-.-....~.»...,-...._. _ s?:~„~+!~?s~:. .::~ .?rWWW CSd~~...~+e.e ~+wa^.+-~ww..o-+..e~ .-__ _ _ _ _ g g c.,......,...,.:.,... ......1.~...:.a... ~ 011(. ArLI/11/C .l,n:...l.n.nl. .n... • • DEER PARK ACCREDITED CNAMBER OF COMMERCE ex~weex ov eowwenee or rxe uxireo sr~ree SHARON McLEAN President July 30, 2004 Ms. Sejal Patel Comfort Suites 1501 Center Street Deer Park, TX 77536 Deaz Sejal: I just couldn't pass up the opportunity to extend you an enormous thank-you! I have witnessed your community commitment first hand and would like to convey my sincere appreciation for your ongoing support. With everyone these days being in a constant state of "time poverty" days I'm very grateful for your sacrifice of time as well as the professionalism you display in all the projects you undertake. Deer Pazk is truly blessed to have individuals such as you who aze willing to "give back". Volunteerism is the life-blood of every successful project and so essential for a conununity to thrive. It is a pleasure to have you, Best Western -Deer Pazk Inn, and Comfort Suites actively involved in Deer Park. You have been good neighbors, and have added so much to both the beauty and economic base of the community. I look forwazd to a long-term partnership and working with you on future projects. If ever I can assist you, please feel free to contact me at 281-479-1559. Sincerely, hazon Mc eL an'! ~~~~~ President yD.. .. .. ?. tz- 'F. ~~.~ v?i..s. 'a~-«®+w:.+."r.•+.w,amw.:~.,i.},a...v-...~i: ~4~~' ' ~~ a--!'ic:~s;~S~y~:;7~.C~y1-_ vp.^~.~~-- .....`'.~.. .. .. ~ : ~ .. .. ~ . .. T~..~ ~..:~.,~:_ . ' <. .. ~ /.. ~~ _ ,.ate:, Kw . . ~ ~ . w ..-~-- . ... .._ ...:... ... ..... WEi3StTE AdQRESS:~wGvvV:d~er "$rf7.i5r -......_..._. _._._..........._ _..... __.. _.. .. _._.......:_. ~ _,_ . .9.._.......-- .. _•. ~.... .. P 9 ~ E°MAILAD[SRESS info~dee ark.or "COMMUNITY OF OPPORTUNITY" ~: • . Office of Mayor ~• WAYNE RIDDLE City of DEER PARK (281) 478-7241 FAX: (281) 478-7218 August 2, 2004 To Whom It May Concern: LJ P. O. BOX 700 DEER PARK,TEXAS 77536 The City of Deer Park feels very privileged that Ms. Sajel .Patel -chose to construct the Comfort Suites Deer Park located at 1501 Center Street within our community. . ~ . Ms.- Patel, Owner and Operator of the Comfort Suites, offers her support of our community atmosphere by offering afirst-class business operation. Under her careful direction the Comfort Suites offers an excellent-service to our local residents with their . - special needs, as well as, other visitors to our community. . ~ The Patel Family.is a true testament to their dedication to the hotel business as exhibited by the Best Western Deer Park Inn £t Suites located at 1401 Center Street, owned by Ms. Patel's Father- in-Law, Mr. Dhiru Patel, as well as, the hotel facilities owned by the Patel family in the City of LaPorte. Ms. Sajel Patel's facility is top-notch and a good testament to the types of businesses that Deer Park welcomes to our community. In Comm spirit, Wayri~ Riddle Mayor, City of Deer Park i P.O. Box 998 La Porte, T~ 7?572 (28i} a?1-4400 August 2, 2004 U Re: Dimple and Sejal Patel / Patel family banking relationship with SouthTrust Bank To Whom it May Concern: Dimple and Sejal Patel have been excellent customers of SouthTrust Bank since July, 2002; additionally the Patel family has had a relationship with SouthTrust since 1996. The Patels have been extremely successful in the motel industry. We presently have a significant loan relationship with the Patels secured by real estate. This loan, as well as all previous loan obligations and deposit accounts, has been handled in an exemplary fashion. We consider the Patels to be of the utmost character and feel very fortunate to have them as valued customers of SouthTrust Bank. We are also excited about the Patels possible venture in the La Porte market and our potential involvement as well. Should you have any additional questions feel free to contact me at (281) 817-3011. Sincerely, ~~ N ` ~~°~i- Ronald D. Harris Vice President • • #SE04-009 SPECIAL EXCEPTION FOR 401 W. G STREET REDUCTION OF PARKING SPACE & MANEUVERING LANE SIZES EXHIBITS: APPLICATION FOR SPECIAL EXCEPTION STAFF REPORT EXHIBIT A -LETTER FROM THE CHAI]~tMAN EXHIBIT B -AREA MAP EXHIBIT C -SITE PLAN EXHIBIT D -SECTION 106-835(a)(c)4, OFF-STREET PARKING, DESIGN STANDARDS, CODE OF ORDINANCES iCClrLt v ~_~ ~~., - CITY OF LA PORTE ZO~G BOARD OF ADJUSTME~ SEP 0 1 2004 SPECIAL EXCEPTION REQUEST . ~ Application No.: -- OFFICE USE ONLY: Fee: $150.00 Date Received: - ~ ' (~ (. - Receipt No.: ~ - Note: This Fee is Non-Refundable Regardless of the Board's Decision Applicant: ~~,'~ 1 in~7lE ~ ~~el - ~t-~~v~~h~ 1'Cr~tt-it~~'~S Name 7eec~ ~~r ~- ~ ~~x~ S ~7~ ~ =~cr Address ~,~. PH: ~? 1 ~ ~ 30 • X3`13 Zip I am the owner of the herein described property. I have authorized izx~~b:i C;r~<;{-~.~ to act on my behalf in this matter. j ~ ~~) ~I ~ C1 - ~ qp~ Owner*: m i~~i ~rrmt r~Jc~te.1 _ Name i 50l Cec7t~.~ ~ ~eT . ~ee~ ~~?c`k ~ Texe 5 '"~ ~1 `~3b PH: r~~ 1 ~ ~ ~ ~'884Z Address I am requesting a Special Exception to Sect. 1 D tv ~ ~~~ of the City Zoning regulations Chapter 106 of the Code of Ordinance. I am requesting this Special Exception for property located at CO`s J~Cx~i]~ ~' •~ l ~ ~'~r~.t, Street Address ~,~n~re ~t~t~c~~.~ r.,r, ~x~rP~~ C'~r 11P ~ n~' l~~st ~ ~ S~i.•~t(n ~;h Legal Description (~ Site Plan ()Minor Development Site Plan ()Major Development Site Plan ()General Plan A Site Plan of the property is attached. Also, I have listed the information requested below on the following pages of this form. a) All facts concerning the matter that has led up to this request. b) The type of relief I am seeking (setbacks, lot coverage, etc.). c) The grounds upon which I am making this request. * If applicant is NOT the owner, he must provide Authorization to act on the Owner's behalf. '• U~ /~ i lar'~~~i 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: Board's Decision: Approved () Denied ( ) Notice of Boards Decision mailed to Applicant/Owner: _ • • Staff Report - September 23, 2004 Special Exception Request #SEO4-009 Requested bv: Sejal Dimple Patel, Prayosha Ventures, L.P. Requested for: Reduction in the pazking space size and maneuvering aisle for off-street parking. Location: 401 W. G Street, LaPorte ZOn1IIg: General Commercial (G.C.) Background: Holiday Inn Express is a proposed hotel and suites to be located at the northwest corner of West G Street and South 8`~ Street about 250 feet east of the State Highway 146. The project is proposed on 1.3214 ac. (57,560 sq. ft.) and consists of 61 room, four story high building proposed in a GC zone. The plat of the subject property has already been approved. Access to the proposed facility will be off West "G" Street, barring access to SH. 146 due to narrowness of the commercial reserve along the State Highway 146. Eazlier, staff received a site plan for the proposed development. After reviewing it with the Development Review Committee, staff mailed and faxed written comments to the developer about items that needed to be addressed. An issue involved pazking space size and maneuvering aisle. During review, staff used the following sections of the City's zoning ordinance: Section 106-835(a) -Each standard pazking space shall not be less than ten feet wide and eighteen feet in length. The plan shows 9 feet wide, just one foot shy of the standazd width. The subject request is based solely on the space limitation due to size and irregulaz shape of the tract for the proposed project. Section 106-835(c)4 - A minimum of 28 feet maneuvering aisle is required for 90-degree pazking. The submitted plan shows maneuvering lane with 27 feet adjusted by 1 foot. The developer claimed a hazdship in designing parking and maintaining a feasible density for the said project. Using the City's current pazking standazds, the submitted plans do not meet the requirements. It should be noted that this change is 1 foot less than the current standazds, but does adhere to the previous standazds prior to October 14, 2002. All plans prior to this date were allowed to be 9 feet wide as shown in the current submittal by the applicant. The previous plans for the proposed hotel were drawn with the size of 9'x18'. • • Board of Adjustment September 23, 2004 #SE 04-009 Page 2 of 3 Citing Section 106-191 b (3), the applicant is seeking a Special Exception to allow a reduction of the parking space from 10' wide to 9' wide and maneuvering aisle with 27' instead of 28'. Currently, the applicant proposes total number of 67 parking spaces for a proposed hotel of 61 rooms with four employees equaling a requirement of 65 pazking spaces. Analysis: The Code of Ordinances defines a special exception as a specked enumerated deviation from zoning regulations. The Board is empowered to grant a special exception when it finds the following: • Granting the exception will not adversely a,,~ect the value, or use of neighboring property. • Granting the exception will not be contrary to the best public interest. The applicant's request is based on Section 106-191 b (3), which states the following: ~ To waive or reduce the off-street parking 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. The proposed use is hoteUmotel with upscale amenities for lodging industry. Currently, the applicant proposes total number of 67 pazking spaces for a proposed hotel of 61 rooms with four employees equaling a requirement of 65 parking spaces. The applicant countered with an azgument that the current parking standazds were designed to accommodate commercial/retail parking where spaces are used repeatedly. In addition, the volume of users require additional maneuver. In contrast, hotel parking does not have the same volume of use. Staff reseazched several other facilities to determine pazking requirements. The recently completed facility across the State Highway 146 has previous standazd space sizes. Other facilities within the vicinity have same design standards applicable prior to October 14, 2002. It should also be noted that an access to SH 146 denied due to narrowness of the commercial reserve along the highway. The pazameters for the requested special exception, given the shape and use of the property involved may meet the provisions established by Section 106-191 of the Code of Ordinances. Conclusion: Based on the facts outlined in this report, staff believes the request for a reduction in the off-street pazking requirements meet the requirements and conditions for a special exception. Conditions are necessary to ensure that granting a special exception under Section 106-191 b (3) would not be contrary to the best public interest. • • Board of Adjustment September 23, 2004 #SE 04-009 Page 3 of 3 • Portion of the property (a 30' strip leading to S.H. 146) cannot be used for parking since access denied due to narrowness and too close to the adjacent drive. The property will be utilized only for landscaping purpose. • The applicant submits and obtains City approval of a landscape plan that provides large trees and shrubs in the mandatory landscaping of the above strip. An irrigation system is required to ensure that the planting grows and is well maintained. • Identification of the Special Exception information (permit number, date of passage and any conditions) is noted on the minor development site plan. This must be submitted to the City prior to approval and issuance of a building permit. The Board may consider: - Granting the variance and allowing the pazking spaces 9' wide and maneuvering aisle as 27'. - Denying the variance thereby denying the reduction of off-street pazking design standazds. Aaaeals: Asper Section 106-196 of the Code of Ordinances of the City of La Porte: Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment, or any taxpayer, or any officer, department, board or bureau of the city may present to a court of record a petition for a writ of certiorari, as provided by V.T.C.A., Local Government Code Section 211.011, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten days after the filing of the decasion in the o,,~ice of the Board ofAdjustment. • ~ ~ ~'~ ~ i:.~=:..~ ~ ~.'' TEXAS,,,. Mr. Wayne Sabo Director of Planning City of La Porte 604 W. Fairmont Pkwy. La Porte, TX 77571 • U,Q q~v City of La Porte Established 1892 September 1, 2004 ~~~~lV~~ c:. ~ ~ 1 2004 RE: Zoning Board of Adjustment Meeting on August 26, 2004 Agenda Item #6, Variance Request #V04-009; Proposed Holiday Inn Hotel Dear Mr. Sabo: In my capacity as Chairman of the City of La Porte Zoning Board of Adjustment, I would like to ask that you place Agenda Item #6 regarding the height variance for the proposed Holiday Inn .Hotel back on the ZBOA's agenda for the meeting on September 23, 2004. The reason for this request is that the Board voted in favor of the variance by 3 to 1, but due to the absence at Thursday's meeting of two regular members and one alternate member, a bare quorum of the ZBOA was available to hear the issue. The issue failed because of the four-person majority required in Section 106-195. Due to the absence of the two regular members and one alternate member, it is quite possible that a different decision would have been or could have been had by the ZBOA had a full complement of ZBOA members been available. Thank you for your consideration, and I look forward to hearing from you. Very truly yours, ~~~~~ Sidney nt _ Chairman of the City of La Porte Zoning Board of Adjustment SG:las ,. .... . ~.. .. ,. ... .. ~~~ ~' ~',~ ~, ~ .. ~ ~'"~ } ~. ~: ~~, 5' ".' ,4 . .;~ ~ , =- t' ^;tl ., x..l., i` ' ~,, 1 ~•.. +~ ~` .' . ~~ -r 4 2 .~~. , - - i . . a07w't\'i.'9'9-®°+-'9L~~i~A..'~ 0'8:::'1 4. 1~a~k~'~ , :~~R ~~ _ _ ~, t as%w~, .f^-'w. 7~ ~~. Z Z ~ ~ ~~~ O w +, Dam rW W V / O o a ~ O a A ~~ ~ ~ ~ ~~~ ~~~~ ~ F ~~~ .. .~ ~~~~ ~~ ~~ ~ ~~ . ~ . ~~ . ~. P P t . ~~ ~~~~ • ~ ~~69 ~ ~ ~~~~ ~ ~ ~~~ ~~ a ~~ ~~~~ ~~~ . . ~ . ~ $~ . ,. ~ ., ~ ~ ~ 3 ~ ~ ~ b ~ R ~ ~ ~ ! a r ~+ r ~+ r ~ ~n a~ w r .~ e r s s e o ei w w 'w w w r ~+ u v e w N ~ ~ ~ ~ ~ ~ .; "~ .~ ."~ .~ ."0 .e o O N c ~ fa 4 ~ 8 8 0 ~ . ~ . ~ . ~ : ~ ~ ~ ~ ~ ~ ~ ~ ~ . ~ '~ . 4 ~ 4 ~ N € € ~ ~ ~ ~q ~x N+ ~~ ~~~ cox N+ ~~ ~ ~ ~ '~ ~~ ~~ ' ~ . ~~ ~~ ~ ~~ ~~ 3 0 ~, ~ ~ ~ a~ ~~ 0 8 ~ ~ ~. ~ .. ~~ ~ .. . oa .~ o ~ ,~ ~ .. b .. r . $ ~ ~~ ~ ~~ ~~ ~~~~~ F r = ~ ~~ ~ ~~ _ n a~ ~at~vsr s, 200 /~~1, ~~11 ~~ pp ~~~pp REVISIONS uRMNq ar: ~®~~~ ~ • ~. L'~~~ly~,gL~AJC+~ ' DATE ~ DESCRIPTION ~" sr~c• t._~.. ;: ~ ARCHITECTS ~ 2 .. dOB No: HOTEL & SUITES. ~ 888 W. SAM HOUSTON PKWY S. #100 ~ ~ ..3 C .Fl~: rrouaar txN ornRESS (u roR~)~c-a HOUSTON, TX. 77042. E-Mail: 4 ~ ~~ Q~$ ~ of _ ~ FORTE, TEXAS. .. ~ ~.7i3-266-3304 info®drassociofes.net ~ s . • EXH{B{T "M" • ARTICLE V{. OFF-STREET PARKING Sec. 106-835. Design standards (a{so see Figures 10-1, 10-2 and 10-3). (a) Parking space size. Each standard parking space shall not be less than ten feet wide and 18 feet ~n length, and, each #ap ADA access~bFe parking,space shall not: be less than 14,feet w-de',and 20 feet in„lengt~i`;,,.,,exclusive,,of_acgess aisles; and each space shall be served adequately by access aisles °~^i„~;,r^ ^f ~~~~ n-[Ti~TG'S n~_nnnE-f nnnnr~ rh-~II h., c~ctnror~_ ~dnnt~~f (b) Within structures. The off-street parking requirements may be furnished by providing a space so designed within the principal building of one structure attached thereto; however, unless provisions are made, no building permit shall be issued to convert such parking structure into a dwelling unit or living area or other activity until other adequate provisions are made to comply with the required off-street parking provisions of this chapter. (c) Circulation. (1 } Except in the case of single-family, two-family and townhouse dwellings, parking areas shall be designed so that circulation between parking bays or aisles occurs within the designated parking lot and does not depend upon a public street or alley. Except in the case of singe-family, two-family and townhouse dwellings, parking area design which requires backing into the public street is prohibited. ti ~ ~-- ----- -t - - ~ -. - ~ , All mu{t~ family 'c~evelopmeiifs must ~hclude an' ~ area= designated foi accommodation of school buses and the- loading and unloading o passengers. Wherever possible :said pick upldrop ~ off sitesr should -~bt located such that the passengers can be protected from the elements` Suer areas .must com ly with minimum standards necessary for the. efficier P trtgress, egress, and .maneuvering of school buses for the oad~n_g~~artc unloading of.passengers as set by ff~e La Porte IndP'pend~ent Schoo! District wK~s A;"copy of these standards can be obtained fromthe~Sch~oLDisfr~ct~j °~ _ _ _ - ~, (•3),,~_ ln; thy, case of off-street par}~.ing facilities. located- within mu{t;''fam~f develo `merits all_non-ad~acenf_ ara P structu~~es divided b yari ~n ba,s or ., P 1 9 9 ..Y A ~_14 9 Y. .~ access_aisJes shall be separatedim~y_ no less than 28 feet. s ~~ ,~. ~ , t. -- (4),. , , IVlaneu`'ver~ng aisle A rn~n}mum bf:: a 28.-foot maneuverfr~g aisle ~s required' #or 90'degree parking. A minimum o,f ~_ =18 foot' maneuvermgA,_a'tsle~_~s .,... _ ....~ ..r... ~..._ _. - -- - _... ~: 4 requrred~for6Q_,ard.,LL4~ degree parking:, . ______..._------ _ __ _ - - -. _-., _. ~ . -.......v.. _..,..__. ._ . _ .... .... ........-- , _.r.__.._ , __ _ . _, ,~ ~ • ~3 106-835 LA PORTE CODE ~ SCALE: 1'=40 FIGURE 10-1 ~ ~ ~ 9 Q' ,~ -~-- ~aa yo. -~-- ra.p ~ +aC --+~- ~atY ` NOTE? ~xo 45~ tns\ xr \j~~ ,.,r +sr as' + e.s• T~'~-- uar __~ ` NOTEI_ EO• y AS• o~nw.u..... 'OR SENIOR HOUSING D~ ~""`A~"~'~~ nrt +~AN9ATCP.Y EVEI.0PMENT'S. v' ... ~ ~ ~ ~ .. ... .. ..~.~~,-,o•~-..•~ryep.:.,~..........::.~:_"•...:~.:_.~:..:::~,~,:,,,~...a::A,~ r':s:ve