HomeMy WebLinkAbout07-28-05 Regular Meeting and Public Hearing Meeting of the La Porte Zoning Board of Adjustment MInutes
MINUTES
ZONING BOARD OF ADJUSTMENT
MINUTES OF JULY 28, 2005
Members Present:
Sidney Grant, George Maltsberger, Bob Capen, Alternate No. 1 Lawrence
McNeal, and Alternate NO.2 Gilbert Montemayor
Members Absent:
Rod Rothermel, Charles Schoppe
City Staff Present:
Wayne Sabo, Planning Director; Clark Askins, Assistant City Attorney, Peggy
Lee, Office Coordinator; Traci Koenig, Secretary II
1. CALL TO ORDER
Chairperson Sidney Grant called the meeting to order at 6:00 p.m.
2. APPROVE MINUTES OF THE MAY 26, 2005, MEETING.
Minutes of the meeting were approved as presented.
3. CONSIDER VARIANCE REQUEST #V05-003 FOR PROPERTY LOCATED AT 777 S. 'R'
STREET AND IN THE 1800 BLOCK OF SOUTH BROADWAY (OLD HIGHWAY 146),
FURTHER DESCRIBED BY THE HARRIS COUNTY APPRAISAL DISTRICT AS LOTS 1 THRU
32, BLOCKS 1218 AND 1255, TOWN OF LA PORTE, LOT 1 BLOCK 1 OF CRESCENT
SHORES, VOL. 8. PG. 58, H.C.M.R., 13.50 ACRES OUT OF LOT 23 OF THE W.B.
LAWRANCE SUBDIVISION, JOHNSON HUNTER LEAGUE, ABSTRACT NO. 35, VOL. 83,
PG.596 H.C.D.R., LA PORTE, HARRIS COUNTY, TEXAS. THE APPLICANT, CHARLES
BERDON LAWRENCE, IS SEEKING A VARIANCE TO CONSTRUCT AN 8' HIGH WOOD
FENCE AROUND THE ENTIRE PROPERTY FOR SECURITY PURPOSES. THIS VARIANCE
IS BEING SOUGHT UNDER THE TERMS OF SECTION 106-192(B) OF THE CITY'S CODE OF
ORDINANCES.
A. STAFF PRESENTATION
Wayne Sabo, Director of Planning, presented staffs report. Staff noted that the variance
is in conflict with Section 106-971 thru 106-973 of the City of La Porte's Code of
Ordinances. However, the Staff also noted that the size of the property renders the
property exempt from the prohibition of a fence in the front yard area, as stated in Section
106-791 of the Code of Ordinances. Observance was made of the aesthetic value of the
proposed fence in the surrounding neighborhood. The city also informed the Board that
the public rights of way inside the proposed fence will be closed.
B. PROPONENTS
The applicant, Charles Berdon Lawrence, was sworn in to speak on behalf of V05-003.
Mr. Lawrence had two main concerns which prompted him to request the variance. The
primary concern was for the safety and security of the property. According to Mr.
Lawrence, the happenings sometimes in Little Cedar Bayou are "bad." He believes that
the 8' fence would prevent unwanted trespassers from easily treading on or dumping on
his property. The next concern was the traffic on S. Broadway.
C. OPPONENTS
There were none.
Mr. Lawrence responded to questions from the Board.
Motion by Bob Capen to approve Variance Request #V05-003 to allow construction of an eight
foot fence around the entire property located at 777 S. 'R' Street and in the 1800 block of South
Broadway (Old Highway 146). The motion carried.
Zoning Board of Adjustment
Minutes of July 28, 2005
Page 2
Nays:
Abstain:
Ayes: Sidney Grant, George Maltsberger, Bob Capen, Alternate No. 1 Lawrence
McNeal, and Alternate NO.2 Gilbert Montemayor
Assistant City Attorney, Clark Askins, read aloud from Section 106-196 of the Code of
Ordinances, which addresses Appeals.
4. CONSIDER VARIANCE REQUEST #V05-004 FOR PROPERTY LOCATED IN THE 1100
BLOCK OF BAYSHORE DRIVE, BAYSHORE PARK SUBDIVISION, TOWN OF LA PORTE,
HARRIS COUNTY, TEXAS. THE APPLICANT, RICHARD OGRIN ON BEHALF OF THE
ALDERSGATE TRUST, IS SEEKING A VARIANCE FOR MULTI-FAMILY UNITS PER ACRE
AND A SPECIAL EXCEPTION TO REDUCE NUMBER OF OFF-STREET PARKING SPACES
FOR PROPOSED SENIOR'S COMPLEX.
A. STAFF PRESENTATION
Wayne Sabo, Director of Planning, presented the staff report. The proposed project is
recognized as an extension of the current Happy Harbor Methodist Home for senior
citizens, exempting the project from the distance requirement of 1,000 feet between each
multi-family residential development.
Mr. Ogrin has requested that a variance be made to allow 25 units per acre, as opposed
to the 14 units per acre, as written in the Ordinance.
In addition to a variance request for the issue of density, the applicant also requested a
special exception for parking. Proposed parking accommodations are for 0.5 spaces per
unit, due to the typical ages of the residents and their reduced need to keep a vehicle.
Aldersgate Trust is relying on a U.S. Department of Housing and Urban Development
grant in the amount of $4,668,941 to complete the project.
The city mailed 34 public hearing notices to residents within 200' of the subject property.
7 were returned undeliverable. 1 response was received; opposed.
B. PROPONENTS
Mr. Richard Ogrin was sworn in to speak on behalf of Aldersgate Trust in favor of V05-
004. According to Mr. Ogrin, the additional density per acre would not affect traffic
congestion in the area due to the average age of the residents. Residents of the facility
would not be leaving several times a day, if at all. Mr. Ogrin presented information from
current facilities around the State to show the practicality of a special exception to the
current requirements for parking spaces. He proposed 0.5 spaces per unit, however he
was willing to increase the number as long as it did not do detriment to the aesthetic
appeal of the site on the whole (mature trees, greenery).
C. OPPONENTS
There were none.
Mr. Ogrin responded to questions from the Board.
Motion by George Maltsberger to approve Variance #V05-004, which allows the proposed senior
apartment complex in the 1100 block of Bayshore Dr. to have 25 units per acre, and Special
Exception 05-001 to allow 0.75 spaces per unit of off-street parking under the condition that the
facility be maintained as senior apartments, never to be sold for other use. The motion was
seconded by Lawrence McNeal. The motion carried.
Nays:
Abstain:
Ayes: Sidney Grant, George Maltsberger, Bob Capen, Alternate No. 1 Lawrence
McNeal, and Alternate NO.2 Gilbert Montemayor
Zoning Board of Adjustment
Minutes of July 28, 2005
Page 3
Assistant City Attorney, Clark Askins, read aloud from Section 106-196 of the Code of
Ordinances, which addresses Appeals.
Wayne Sabo, Director of Planning, provided the following updates:
~ Large Lot workshop to be held with the Planning and Zoning Commission in August. Public
Hearings with the Planning and Zoning Commission and the City Council are to follow.
~ 2005 Comprehensive Plan underway. Recommendations to the Planning and Zoning
Commission and City Council are underway.
5. STAFF REPORTS
There were none.
6. ADJOURN
Chairperson Grant adjourned the meeting at 7:05 p.m.
Submitted by,
Traci Koenig
Secretary, Planning and Development
Approved on this _ day of
,2005.
Sidney Grant
Chairperson, Zoning Board of Adjustment
OATH OF OFFICE
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OATH OF
OFFICE
I, George Maltsberger, do solemnly swear (or affirm), that I will faithfully execute the
duties of the office of Zoning Board of Adjustments, of the City of La Porte, State of
Texas, and will to the best of my ability preserve, protect and defend the constitution and
laws of the United States and of this State and the Charter and ordinances ofthis City;
and I furthermore solemnly swear (or affirm) that I have not directly or indirectly paid,
offered, or promised to contribute any money, or valuable thing, or promised any public
office or employment, as a reward to secure my appointment or the confirmation thereof.
So help me God.
Sworn to and subscribed before me this _ day of
, 2005
Notary Public in and for the
State of Texas
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1=3,
OATH OF
OFFICE
I, Charles Schoppe, do solemnly swear (or affirm), that I will faithfully execute the
duties of the office of Zoning Board of Adjustments, ofthe City of La Porte, State of
Texas, and will to the best of my ability preserve, protect and defend the constitution and
laws ofthe United States and of this State and the Charter and ordinances ofthis City;
and I furthermore solemnly swear (or affirm) that I have not directly or indirectly paid,
offered, or promised to contribute any money, or valuable thing, or promised any public
office or employment, as a reward to secure my appointment or the confirmation thereof.
So help me God.
Sworn to and subscribed before me this _ day of
,2005
Notary Public in and for the
State of Texas
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OATH OF
OFFICE
I, Rod Rothermel, do solemnly swear (or affirm), that I will faithfully execute the duties
ofthe office of Zoning Board of Adjustments, of the City of La Porte, State of Texas,
and will to the best of my ability preserve, protect and defend the constitution and laws of
the United States and of this State and the Charter and ordinances of this City; and I
furthermore solemnly swear (or affirm) that I have not directly or indirectly paid, offered,
or promised to contribute any money, or valuable thing, or promised any public office or
employment, as a reward to secure my appointment or the confirmation thereof. So help
me God.
Sworn to and subscribed before me this _ day of
,2005
Notary Public in and for the
State of Texas
y
p
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b
OATH OF
OFFICE
I, Bob Capen, do solemnly swear (or affirm), that I will faithfully execute the duties of
the office of Zoning Board of Adjustments, of the City of La Porte, State of Texas, and
will to the best of my ability preserve, protect and defend the constitution and laws of the
United States and of this State and the Charter and ordinances of this City; and I
furthermore solemnly swear (or affirm) that I have not directly or indirectly paid, offered,
or promised to contribute any money, or valuable thing, or promised any public office or
employment, as a reward to secure my appointment or the confirmation thereof. So help
me God.
Sworn to and subscribed before me this _ day of
,2005
Notary Public in and for the
State of Texas
y
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b
OATH OF
OFFICE
I, Sidney Grant, do solemnly swear (or affirm), that I will faithfully execute the duties of
the office of Zoning Board of Adjustments, of the City of La Porte, State of Texas, and
will to the best of my ability preserve, protect and defend the constitution and laws of the
United States and ofthis State and the Charter and ordinances ofthis City; and I
furthermore solemnly swear (or affirm) that I have not directly or indirectly paid, offered,
or promised to contribute any money, or valuable thing, or promised any public office or
employment, as a reward to secure my appointment or the confirmation thereof. So help
me God.
Sworn to and subscribed before me this _ day of
, 2005
Notary Public in and for the
State of Texas
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#SE05-002
SPECIAL EXCEPTION
FOR
405 BAYSHORE DRIVE
REDUCTION OF FRONT & REAR YARD
SETBACKS
EXHIBITS:
APPLICATION FOR SPECIAL EXCEPTION
STAFF REPORT
EXHIBIT A - SURVEY MAP
EXHIBIT B - AREA MAP
EXHIBIT C - SITE PLAN
EXHIBIT D - SECTIONS 106-333, TABLE B, RESIDENTIAL
AREA & 106-771 YARD REQUIREMENTS
EXHIBIT E - TOPOGRAPHIC MAP
~ITY OF LA PORTE
ZONI~\.Y BOARD OF ADJUSTMENT
SPECIAL EXCEPTION REQUEST {:'(..,.
Application No.: Db - DD _
OFFICE USE ONLY: Fee: $150.00 Date Received: 10 -;"2.,- 2CO'S
Receipt No.: L/-f70
Note: This Fee is Non-Refundable Regardless of the Board's Decision
Applicant:
!(;dkr ~ 1A~ l(l/v
/ Name
311 C) PllYll'~
Address
PH: a/ll - Lf 11- 7 f ;)-!{
I am the owner of the herein described property. I have authorized
to act on my behalf in this matter.
Owner* :
j/1Rty N~AA/
<.3 I / <j Ptn1~ vr-J
Address
PH: J;>>(I-'-f7/-7~ 25t
I am requesting a Special Exception to Sect. / d ~ /9 / of the City Zoning regulations Chapter 106
of the Code of Ordinance.
I am requesting this Special Exception for property located at 'I tf.s- ~ ~ fJ IJ /t..t---
Street Add ess
Legal Description
( ) Site Plan
() Major Development Site Plan
( ) Minor Development Site Plan
( ) General Plan
A Site Plan of the property is attached. Also, I have listed the information requested below on the
following pages of this form.
a) All facts concerning the matter that has led up to this request.
b) The type of relief! am seeking (setbacks, lot coverage, etc.).
c) The grounds upon which I am making this request.
* If applicant is NOT the owner, he must provide Authorization to act on the Owner's behalf.
~~~
,/ pplicant' Ignature
Office Use Only
/ () -; 2--- tf. S-
.
Date
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 October 27,2005
Special Exception Permit Request #SE 05-002
ReQuested by:
Kathryn Aguilar, property owner
ReQuested for:
TRS IB & 2B; Block 49; Sylvan Beach First Subdivision
Location:
405 Bayshore Drive
Zoning:
Low Density Residential (R -1)
Back2round:
According to the City's current zoning map, the property in question is
zoned as Low Density Residential (R-l). A single-family dwelling is a
"permitted" use in this zone. At this time, the property is lying vacant. An
aerial survey of the subject property identifies a house. This house was
demolished on October 29,2004 as a dangerous building under Article VIII;
Section 82-471 of the City of La Porte; Code of Ordinances, as amended by
Ordinance #04-2700.
The current owner of the property has submitted a Special Exception request
for a reduction in the standard front yard and rear yard setbacks due to the
irregular shape of the lot. The front lot line is abutting the Sylvan Beach Park
and Galveston Bay. The applicant would like to move a house from 216
Jefferson to 405 Bayshore Drive. According to the applicant, the subject
house was built in the 1930s, is in excellent condition, and has some unique
and antique features. The house dimensions are set at 54'x 32'. The subject
lot is large enough to contain the house, but of irregular size. Lot lines are
56' & 39' in the rear to the West, 95' in front to the East, 81' to the North,
and 73' to the South adjacent to 16' public alley. The applicant has provided
a copy of the recent property survey in this regard (see Exhibit A).
In accordance with the ordinance, the standard front, rear, and side yard
setbacks are 25', 15', and 5' respectively. The applicant's desired placement
of the house will encroach upon these setbacks. In addition to the placement
of the house on the property, stairs and porches will be added to the house in
the front and rear yards. The owner desires to elevate the house at least 10'
from the ground for flood protection and to enjoy a scenic view of the water
front across the street.
Board of Adjustment
October 27,2005 Meeting
#SE 05-002
Page 2 of 4
The applicant's Special Exception request includes two choices: either
central stairs or side stairs, subject to the Board's approval. In the first
option, the central stairs will necessarily encroach on the 25' front building
setback and approximately 5' of the new porch encroaches upon the front
building setback. In addition, a 4' wide portion of the house and porch
encroach the rear yard setback. The second option, with side stairs, shows 5'
of porch necessarily encroaching upon the front building setback, and the
stairs will be located to the south side. The situation in the rear yard will be
the same as the first option.
In reviewing the site plan, staff notes the proposed house is 28'5" back from
the front property line (See Exhibit C). At this time, the applicant is asking
the Zoning Board of Adjustment to consider reducing the City's standard
twenty-five foot (25') front yard setback and fifteen foot (15') rear yard
setback requirements to allow placement of the house and the construction of
a 7'x 28'roofed-over front porch, stair and walkway in the front building
setback (See Exhibit C). As per Section 106-771 of the City's Code of
Ordinances, projection of stairs up to four feet into any front or rear yard
shall not be considered as an encroachment. (See Exhibit D).
Should the Board approve the applicant's request as submitted, the stairs will
be located 7' off the front property line.
The abutting lot requirement as referenced in Section 106-191(b)(2) does not
exist; however, there are three (3) existing homes within the same block.
The setbacks vary between the homes, and without a property survey of each
one, the exact setbacks are unknown. The nearest house has a front yard
encroachment. Staff s inspection of the entire block found two of the homes
possessing a small front porch. Of these homes with front porches, one is
approximately 10'-4" from the front property line, and the other is 12'-5"
from the front property line. The remaining home on the block is
approximately 13' back from the front property line. The applicant's
proposed setbacks for the subject house represent an "average" of the various
yard setbacks within the same block (See Exhibit E ).
This exception is being requested under the following terms of Section 106-
191(b)(2) of the City's Code of Ordinances:
.:. To deviate a front yard setback requirement where the actual front yard
setback of any abutting lot does not meet the front yard requirement.
Board of Adjustment
October 27,2005 Meeting
#SE 05-002
Page 3 of 4
Analysis:
Conclusion:
.:. A rear yard exception where the actual rear yard setback of any four or
more lots in the same block does not meet the rear yard requirements of
these regulations.
The Code of Ordinances defines a special exception as a specified
enumerated deviation from zoning regulations. The Board is empowered to
grant a special exception when it finds the following:
.:. Granting the exception will not adversely affect the value, or use of
neighboring property.
.:. Granting the exception will not be contrary to the best public interest.
Regarding this request, the relief being sought is similar to the circumstances
outlined in the terms of the Special Exception Section.
. Allow placement of a house and construction of porches and stairs for a
single-family dwelling with a reduced front yard and rear yard setbacks.
The issues to consider are what the possible impact on neighboring property
will be, and the best public interest. There are other homes within the same
block that do not comply with the standard twenty-five foot (25') front yard
setback. The home (including the addition of stairs and porch), when closest
to the front property line, is set back just over seven feet. Based on the
applicant's request, the porch addition would result in her structure being
located just over twenty one (21 ') from the front property line.
The Board must consider whether decreasing the front and rear yard
setbacks, as requested by the applicant, will adversely impact the adjacent
properties or be contrary to the best public interest.
When considering SE #05-002, it should be noted that the existing houses
currently represent an "average setback" of the various yard setbacks
existing within the same block. If the Board is uncomfortable granting these
"less-restrictive" setbacks to the subject home, they may consider amending
the applicant's request by reducing the proposed size of the roofed-over
porch.
If the Board grants the Special Exception for the applicant, staff will notify
the applicant that:
Board of Adjustment
October 27,2005 Meeting
#SE 05-002
Page 4 of 4
Appeals:
. Applicant is required to obtain all required city permits prior to the start
of work and moving of the house.
. Staff includes the Special Exception information on any permit issued.
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 ofthe
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.
Oct 19 05 08:34a
Kathr~n or Tim Aguilar
281 471-7828
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LA PORTE CODE
(-
Sec. 106-751. Shipping containers.
Shipping containers may be used as temporary material storage facilitie, on construction
sites in all zoning district,s ex~pt residential @~!, _~.?' and R-3).
(Ord. No. 1501-II, ~ 7, 3-27-00) . -
Sees. 106-752-106-770. Reserved.
DMSION 3. AREA REQumEMENTS
Sec. 106-771. Yard requirements.
The following shall not be considered as encroachments on yard setback requirements:
(1) Chimneys, flues, belt courses, etc. Chimneys, flues, belt courses, leaders, sills, pilasters,
lintels, ornamental features, cornices, eaves, gutters, steps, stoops, and the like,
provided they do not project more than four feet into any front or rear yard, and two
feet into any side yard. ; .
(2) 'Ierraces, decks, patios, etc. Terraces, decks, patios, or similar features, provided they
do not extend more than one foot above the height of the exterior finish grade
elevation, or to a distance less than two feet from any lot line; or encroach upon any
utility easement. Further, pools shall not be considered as an encroachment on a front
yard setback, provided that such pools are located in a front yard adjacent to Galveston
Bay, and provided further that such pool does not extend more than one foot above the
exterior finish grade elevation, or to a distance less than two feet from any lot line or
encroach upon any utility easement.
(3) Rear yards only. An unenclosed, attached patio cover, awning, or canopy, provided that
~o portion of such patio covers, awnings, or canopies shan encroach into any utility
easements, or any vertical projection thereof, and provided further that no portion of
such patio covers, awnings, or canopies shall be located at a distance less than five feet
from the side property line or three feet from the rear property line, or any vertical
projection thereof.
(4) Front and side yard carports. Front and side yard carports shall be permitted for
single-family detached homes subject to the following requirements:
a. Carports in a required front or side yard shall not be located closer than five feet
from any front or side property line.
/
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Supp. No.4
CD106:86
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#V05-005
VARIANCE
FOR
MARIO NAVARRO @ 200 GARFIELD BLVD.
TO BUILD AN 8' HIGH FENCE
EXHIBITS:
APPLICATION FOR VARIANCE
STAFF REPORT
EXHIBIT A - AREA MAP
EXHIBIT B - SUBDIVISION PLAT
EXHIBIT C - SECTION 106-791, 106-7930F THE CITY'S
CODE OF ORDINANCES
EXHIBIT D - PUBLIC NOTICE RESPONSE
OFFICE USE ONLY:
~ITY OF LA PORTE
ZONING BOARD OF ADJUSTMENT
V ARlANCE REQUEST
Application No.: Os - DO'S
Date Received:~ -LO - ;W~
Receipt No.:ILf 73
This Fee is Non-Refundable Regardless of the Board's Decision
RECE\VE~'
"ED c;, i\ 'inur,r,
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Fee: $150.00
Note:
Applicant:
-MMJ () CLN V\.\/ A-(UL.(")
Name
0/~b f2uh6f2~ p) .s ~-/-r;AlI1l4 C}Sa-1cJ-
Address
d-a1 ~/-d-J-I?
Phone
I am the owner of the herein described property. I have authorized
to act on my ben in this mailer.
Owner*: ~LD IlL tJ 'A.-UA-t2J'l-O
Name
ltJllo 1ZDb~ fu~J-orJ ~5;)/~
Address
~
cPt? 3J-l-J-;)-I r
Phone
I am requesting a variance to Sect. /fIb - /92.. of the City Zoning regulations Chapter 106 ofthe
Code of Ordinance. ~. A tJ~ /.
I am requesting this variance for property located at~(J(J ~ cSf J i-;(
~ ~clA~V
lJs I r,,\ ~ ~ Lh \\ +h~ J1~' )~f'1- ~IIGY /b/~ /~
Legal Description
7157/
( ) Minor Development Site Plan
( ) General Plan
A Site Plan of the property is attached. Also, I have listed the information requested below on the
following pages of this form.
a) All facts concerning the matter that has led up to this request.
b) The type of' relief I am seeking (setbacks, lot coverage, etc.).
c) The grounds upon which J am making this requ t.
* If alJplkant is NOT the owner, he must provide Autho iza ion to
~
Date
Office Use Only
Site Phn 2nd 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:
Staff Report
October 27, 2005
Variance Request #V05-005
Requested by:
Requested for:
Location:
Zonine::
Back2:round:
Mario A. Navarro (Property Owner)
Lot 1-16, 11-16, and 16' alley between these lots in Block 18 of Sylvan Beach First
Subdivision, to the City of La Porte, in the Johnson Hunter League, Harris County,
according to the map thereof recorded in Volume 3, Page 72 of the Map Records of
the Harris County, Abstract - 35, La Porte, Harris County, Texas.
200 Garfield Blvd.
High Density Residential (R-3)
The property in question is formerly Flamingo Bay Apartments, a multi-family residence
built originally in mid 1960s with 57 dwelling units, per the Harris County Appraisal
District (HCAD) record. Total area of the subject site is 79279 sq.ft. (1.83 acres).
Flamingo Bay consisted of 9 separate buildings. Five of these buildings significantly
encroached on front, side, and rear yard setbacks required by the zoning ordinance.
Flamingo Bay Apartments ceased to be occupied beginning in July 1997, and is still
unoccupied to date. Because Flamingo Bay Apartments have been abandoned for a
period in excess of 180 consecutive calendar days the City's Zoning Board of
Adjustment (ZBOA) fmdings of facts and conclusions of law done on February 24, 2000
concluded that the Flamingo Bay Apartments have been abandoned as a matter of law,
consistent with the zoning ordinance provisions relative to abandonment of non-
conforming structures, and non-conforming lots of record.
The buildings have been declared dangerous and unsafe by City Council and all
structures have been determined to contain asbestos. In the past, there have been two
major fires located in separate buildings. The City has been contacted numerous times
about conditions such as vandalism, graffiti, high weeds, etc. Since the year 2000, there
have been various code enforcement violations such as: weeds, securing of buildings,
graffiti, building maintenance, and debris.
Recently, the current owner received an asbestos clearing permit and demolished five of
the buildings on the site. The other four buildings will remain intact, and the developer
has proposed the following:
. Create a single subdivision
. Replat the subdivision to create two single-family residential lots and one restricted
reserve for common use.
. Erect an 8' high chain link fence around the entire property for security purposes.
The subject property is zoned R-3, High Density Residential, which is appropriate for a
single-family residential subdivision. Development Ordinance 1444 establishes a review
process for a proposed subdivision and its contents in which the submitted plat is subject
to approval by the Planning and Zoning Commission.
Zoning Board of Adjustment
October 27,2005
#V05-005
Page 2 00
As per survey, this property was originally developed for a multi-family residence
(subsidized housing), with a pre-existing 8' high chain link fence on the portions of the
east property, and corrugated metal fence along north property lines.
Per Section 106-791 of the Code of Ordinances, no fences shall be permitted within any
front yard areas. Per Section 106-793, fences of not higher than 6' shall be permitted
within side yards and rear yards. This variance request seeks to allow an 8'high wood
fence around the entire property for security purposes. Per copy of the survey provided
by the applicant, the proposed fence is shown to be erected along the perimeter boundary
of the entire tract abutting South Broadway (Old Highway 146).
Analvsis:
Section 106-192, in the Code of Ordinances, defines a variance as "a deviation from the
literal provisions of the chapter, which is granted by the Board when strict conformity to
the chapter would cause an unnecessary hardship because of the circumstances unique
to the property on which the variance is granted"
Section 1 06-797 (2) prohibits fences in the front yard setback.
Except as otherwise prohibited, the board is empowered to authorize a variance from a
requirement when the board finds that all of the following conditions have been met.
.:. That the granting of the variance will not be contrary to the best public interest.
.:. That literal enforcement of the chapter will result in unnecessary hardship because of
exceptional narrowness, shallowness, shape, topography or other extraordinary or
exceptional physical situation unique to the specific piece of property in question.
"Unnecessary hardship" shall mean physical hardship relating to the property itself as
distinguished from a hardship relating to convenience, financial considerations or
caprice, and the hardship must not result from the applicant or property owner's own
actions; and
.:. That by granting the variance, the spirit of the chapter will be observed.
In determining if granting the applicant's request would be contrary to the public interest,
Staff recognizes that in development of the property with a high fence, location may not
create a problem with adjoining properties. Safety is cited as the primary issue since the
adjacent street conveys heavy vehicular traffic.
A survey of surrounding properties shows that this non-compliance with the ordinance is
common to some other residences in the vicinity. The ordinance states that fences
erected along property line in common with residential properties shall be subject to the
provisions described in the residential district fence requirements. In viewing the specific
Zoning Board of Adjustment
October 27,2005
#V05-005
Page 3 of3
grounds for granting a variance, and given recent history, Staff noted that the given
reasons of security and safety may be legitimate. Because of the nature and location of
the property, we do not find, however, "... unnecessary hardships due to an exceptional
narrowness, shallowness, shape topography, or other extraordinary or exceptional
physical situation unique to the property in question."
The applicant believes that a relief on the fence height will improve the image of the
area, and will match an existing fence on the property. In addition, the applicant does not
believe addition of the fence will have an adverse impact on the adjacent properties.
According to the applicant, the City's Little Cedar Bayou Park will be benefited as far as
security is concerned. A memo from the City's Parks and Recreation Department is
attached in this regard. The applicant requests that the Board recognize the letter as a
positive step.
The ZBOA's final consideration is whether granting of this request observes the spirit of
the ordinance.
Conclusion:
Variance Request #V05-005, which seeks a variance for allowing 8' high fence around
an entire property, is contrary to Section 106-791 thru 106-793 of the City of La Porte's
Code of Ordinances. In staff s opinion, the parameters for the requested variance appear
to meet the provisions established by Section 106-192; Variances. Safety and/or security
can, at times, transcend other factors and may be considered during the Board's
deliberations.
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.
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LA PORTE CODE
(2) Construction and landscaping material cun-ently being used on the premises;
(3) Off-street parking of passenger vehicles and light trucks, as defined in this chapter;
(4) Firewood, compost, or residential lawn and garden tools.
Sees. 106-774-106-790. Reserved.
DIVISION 4. FENCING AND LANDSCAPING REQUIREMENTS
Sec. 106-791. Front yard areas.
No fences, structures, grading, or barrier hedges shall be permitted within any front yard
areas except in the case of large lot residential lots, or in the case of lots with a front yard
directly adjacent to the shoreline of Galveston Bay, as provided in section 106-792.
Sec. 106-792. Large lot residential lots.
In the case of large lot residential lots, six feet perimeter fences are permitted as an
accessory use. In the case of lots with a front yard directly adjacent to the shoreline of
Galveston Bay, four feet front yard fences are permitted parallel and adjacent to the side lot
lines. However, such fences shall not be permitted on the front lot line directly adjacent to
Galveston Bay, and shall only be constituted of chain link. These exceptions do not permit
structures, grading, or barrier hedges.
Sec. 106-793. Fences in side and rear yards.
Within side yards and rear yards, fences of not higher than six feet excluding six-inch rot
boards and walls 42 inches high or less shall be permitted.
Sec. 106-794. Fences and trees on utility easements.
Fences or trees placed upon utility easements are subject to removal at the owner's expense
if required for the maintenance or improvement of the utility. Trees on utility easements
containing overhead wires shall not exceed ten feet in height.
Sec. 106-795. Maintenance of fences.
Both sides of the fence must be maintained in good condition by the owner of the fence.
Sec. 106-796. Barbed wire fences.
Barbed wire fences shall not be permitted, used or constructed except in industrial districts
or to control livestock as hereinafter provided.
c
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'i.,,:
Supp. No.9
CDI06:88
,j(H~Brr C