HomeMy WebLinkAbout11-15-06 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment Minutes
MINUTES
ZONING BOARD OF ADJUSTMENT
MINUTES OF NOVEMBER 15, 2006
Members Present:
Sidney Grant, George Maltsberger, Bob Capen, Charles Schoppe, Rod
Rothermel, Lawrence McNeal (Alt. No.1), and Gilbert Montemayor (Alt.
No, 2)
Members Absent:
None
City Staff Present:
Clark Askins, Assistant City Attorney; Masood Malik, City Planner; Shaye
Bradley, Secretary.
1. CALL TO ORDER
Chairman Sidney Grant called the meeting to order at 6:00 p.m,
2. CONSIDER APPROVAL OF THE APRIL 27, 2006, MEETING MINUTES.
Minutes of the meeting were approved as presented.
3. ADMINISTER OATH OF OFFICE TO REAPPOINTED MEMBERS GILBERT
MONTEMAYOR AND LAWRENCE MCNEAL.
Assistant City Attorney administered the oath of office to reappointed member Gilbert
Montemayor. Lawrence McNeal was not present at this time. After Item number four on
the agenda was completed, Assistant City Attorney administered the oath of office to
reappointed member Lawrence McNeal.
4, CONSIDER SPECIAL EXCEPTION REQUEST #SE06-004 FOR THE PROPERTY
LOCATED AT 221 FOREST AVENUE, FURTHER DESCRIBED BY THE HARRIS
COUNTY APPRAISAL DISTRICT AS LOTS 7, BLOCK 14, SYLVAN BEACH FIRST
ADDITION, JOHNSON HUNTER SURVEY, ABSTRACT 35, LA PORTE, HARRIS
COUNTY, TEXAS. THE APPLICANT, (BAYWAY HOMES, INC.), SEEKS AN
EXCEPTION OF 5 FEET BUILDING SETBACK FROM A SIDE YARD REQUIREMENT
OF 10 FEET ADJACENT TO PUBLIC RIGHT-OF-WAY FOR THE CORNER LOT. THIS
EXCEPTION IS BEING SOUGHT UNDER THE TERMS OF SECTION 106-191 (2) (C)
OF THE CODE OF ORDINANCES.
A. STAFF PRESENTATION
Masood Malik presented the Staff's Report. The applicant, Bayway Homes Inc.,
seeks an exception for a 5 ft. building setback from a side yard requirement of 10ft,
building setback adjacent to public right-of-way for the corner lot. This exception is
being sought under the terms of Section 106-191 (2) (C) of the Code of Ordinances.
9 property owners located within 200 feet of the subject tract were sent notification of
the public hearing. No responses were received favoring or opposing the request.
B. PROPONENTS
Chairman Grant swore in Charles Anders, of 1408 South Friendswood Drive #202,
Friendswood, Texas, Mr. Anders, an employee of Bayway Homes, addressed the
Board advising that they are requesting this special exception to build 40 ft. homes in
Zoning Board of Adjustment
Minutes of November 15, 2006
Page 2
width instead of 30 ft. Mr. Anders advised that Bayway Homes would like to build
homes that are similar to the homes that are presently located in this neighborhood,
C. OPPONENTS
There were none.
Motion by Bob Capen to approve Special Exception Request #SE06-004 for the property
located at 221 Forest Avenue. Second by Rod Rothermel. The motion carried.
Ayes:
Nays:
Abstain:
Maltsberger, Rothermel, Schoppe, Grant and Capen
None
None
Assistant City Attorney, Clark Askins, read aloud from Section 106-196 of the Code of
Ordinances, which addresses Appeals,
5. CONSIDER SPECIAL EXCEPTION REQUEST #SE06-005 FOR THE PROPERTY
LOCATED AT 201 FOREST AVENUE, FURTHER DESCRIBED BY THE HARRIS
COUNTY APPRAISAL DISTRICT AS LOT 12, BLOCK 14, SYLVAN BEACH FIRST
ADDITION, JOHNSON HUNTER SURVEY, ABSTRACT 35, LA PORTE, HARRIS
COUNTY, TEXAS. THE APPLICANT, (BAYWAY HOMES, INC.), SEEKS AN
EXCEPTION OF 5 FEET BUILDING SETBACK FROM A SIDE YARD REQUIREMENT
OF 10 FEET ADJACENT TO THE PUBLIC RIGHT-OF-WAY FOR THE CORNER LOT.
THIS EXCEPTION IS BEING SOUGHT UNDER THE TERMS OF SECTION 106-191 (2)
(C) OF THE CODE OF ORDINANCES.
A. STAFF PRESENTATION
Masood Malik presented Staffs Report, The applicant, Bayway Homes Inc., seeks
an exception of 5 ft. building setback from a side yard requirement of 10ft. building
setback from a side yard requirement of 10 feet adjacent to public right-of-way for the
corner lot. This exception is being sought under the terms of Section 106-191 (2) (C)
of the Code of Ordinances,
9 property owners located within 200 feet of the subject tract were sent notification of
the public hearing. No responses were received favoring or opposing the request.
B. PROPONENTS
Chairman Grant swore in Charles Anders, of 1408 South Friendswood Drive #202,
Friendswood, Texas, Mr. Anders is employed with Bayway Homes, Mr. Anders
addressed the commission advising that they are requesting this special exception to
build 40 ft, in width homes instead of 30 ft. Mr, Anders advised that Bayway homes
would like to build homes that are similar to the homes that are presently located in
this neighborhood.
C. OPPONENTS
There were none,
Zoning Board of Adjustment
Minutes of November 15, 2006
Page 3
Motion by Charles Schoppe to approve Special Exception Request #SE06-005 for the
property located at 201 Forest Avenue. Second by George Maltsberger. The motion
carried.
Ayes:
Nays:
Abstain:
Maltsberger, Rothermel, Schoppe, Grant and Capen
None
None
Assistant City Attorney, Clark Askins, read aloud from Section 106-196 of the Code of
Ordinances, which addresses Appeals.
6. CONSIDER SPECIAL EXCEPTION REQUEST #SE06-006 FOR THE PROPERTY
LOCATED AT 11318 NORTH 'P' STREET BEING TRS 311A, 311B & 311C, LA
PORTE OUTLOTS, CITY OF LA PORTE, HARRIS COUNTY, TEXAS. FRANKIE
PERIOU, THE APPLICANT, SEEKS AN EXCEPTION FROM LARGE LOT DISTRICT
AREA REQUIREMENTS FOR MINIMUM LOT SIZE AND LOT WIDTH TO SUBDIVIDE
THE PROPERTY. THIS EXCEPTION IS BEING SOUGHT UNDER THE TERMS OF
SECTION 106-191 (B) (4) OF THE CODE OF ORDINANCES.
A. STAFF PRESENTATION
Masood Malik presented the Staff's Report, The applicant, Frankie Periou, owns
the 1.86 acre tract located at 11318 North P Street. The applicant wants to
subdivide the property in its present shape to build another house on the
undeveloped parcel of land. This exception is being sought under the terms of
Section 106-191 (2) (C) of the Code of Ordinances.
Ten property owners located within 200 feet of the subject tract were sent
notification of the public hearing, Four responses were received favoring the
request and none opposing.
B PROPONENTS
Chairman Grant swore in Frankie Periou, of 11318 North P Street, La Porte,
Texas. Mrs, Periou addressed the Board advising that the request was
submitted to allow her daughter and son-in-law to build a home on 1.38 acres of
her property. Mrs, Periou also informed the Board that it is hard for her to
maintain the property properly by herself and because her daughter and son-in-
law would be a great help in assisting her with this burden. Mrs, Periou advised
that the spirit of the ordinance would not be broken. Mrs. Periou also advised
that she conducted a Mailout of 99 letters to surrounding neighbors and she
received over 50 responses favoring the request.
Chairman Grant swore in Mary June Powell, of 11315 North P Street, La Porte,
Texas. Mrs, Powell addressed the Board in favor of the request. Mrs. Powell
advised that she did no by granting this request would not cause any harm to the
neighborhood or the spirit of the Ordinance,
Chairman Grant swore in Cindy Robison, 3502 Somerset, Deer Park, Texas.
Mrs, Robison addressed the Board in favor of the request and also regarding
keeping the Lomax area rural. Mrs. Robison explained that the Ordinance was
formed to keep the nature of the Lomax area and that variations are to be
expected.
Zoning Board of Adjustment
Minutes of November 15, 2006
Page 4
Chairman Grant swore in Les Bird, 10518 Eagle Rock, La Porte, Texas. Mr. Bird
addressed the Board in favor of the request. Mr, Bird advised that granting the
Special Exception would not violate the spirit of the Ordinance.
Chairman Grant swore in Tommy Russell, of 11326 North P Street. Mr. Russell
advised he is the neighbor to the East of Frankie Periou, and also the son-in-law.
Mr. Russell spoke favoring the request stating that family is an important fact
when considering this Special Exception,
C. OPPONENTS
There were none.
Motion by Rod Rothermel to approve Special Exception Request #SE06-006 for the
exception from Large Lot District Area requirements for minimum lot size and lot width to
subdivide the property located at 11318 North P Street. Second by George Maltsberger.
The motion failed,
Ayes:
Nays:
Abstain:
Maltsberger, Rothermel and Capen
Grant and Shoppe
None
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.
Subsequently, motion by Charles Shoppe to deny Special Exception Request #SE06-006
for the exception from Large Lot District Area requirements for minimum lot size and lot
width to subdivide the property located at 11318 North P Street. The motion died for a
lack of a second.
Assistant City Attorney, Clark Askins, read aloud from Section 106-196 of the Code of
Ordinances, which addresses Appeals
7. TRAINING SESSION 1 - 2006 OPEN MEETING ACT
Chairman Grant suggested that the training session be held in January, Motion made by
Bob Capen to postpone Training Session I to the January meeting, Second by Rod
Rothermel.
Ayes:
Nays:
Abstain:
Maltsberger, Rothermel, Schoppe, Grant and Capen
None
None
8. ADMINISTRATIVE REPORTS
Masood Malik
· Mr. Malik advised the Board that the December meeting would fall during the
week of the Holiday and sought guidance on when to schedule the meeting,
Chairman Grant advised that the next meeting should be held in January,
Zoning Board of Adjustment
Minutes of November 15, 2006
Page 5
9. BOARD COMMENTS
There were none.
10. ADJOURN
Chairman Grant adjourned the meeting at 8:15 p.m.
Submitted by,
Approved on this ~ day of
,2007.
.41/ ~ :oo
Sidney Grant 17
Chairperson, Zoning Board of Adjustment
#V06-003
VARIANCE
FOR
ACCESSORY BUILDING AT 1603 WILLOW VIEW
EXHIBITS:
STAFF REPORT
APPLICATION FOR VARIANCE
EXHIBIT A - AREA MAP
EXHIBIT B - PLOT PLAN
EXHIBIT C - CODE OF ORDINANCES, SECTION 106-
741(e) (1)
EXHIBIT D - PUBLIC NOTICE RESPONSES
Staff Report
January 25, 2007
Variance Request #V06-003
ReQuested by:
ReQuested for:
Location:
Zonm!!::
Back2:round:
Analvsis:
Mr. William C. Badeaux (Property Owner)
Lot 6, Willow View Subdivision, Vol. 79, Pg. 46, H.C.M.R., Enoch Brinson League,
Abstract No.5, La Porte, Harris County, Texas.
1603 Willow View Street
Low Density Residential (R -1 )
The property in question, Lot 6 (21,200 sq. ft.) is located in the Willow View Subdivision
along North 'P' Street. Willow View is a 60' wide public right-of-way intersecting at
North 'P' Street. The subject lot, currently undeveloped, has a 15' drainage easement and
a 10' utility easement in the rear yard, and is adjacent to the City's Northwest Park in
Lomax area. The applicant's design for a proposed residence shows an accessory
building to be 1200 sq. ft. and located 30' from the primary structure in the rear yard. A
principal structure is setback 35' from the front property line along Willow View Street
with a 5' side yard setback.
Code of Ordinances, 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 rear 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 request seeks to allow construction of an accessory building for storage and
other utility purposes in the rear yard allowing the building to be 30'x 40', or 1200 S.F.,
which is 200 S.F. over the limit.
Section 1 06-l92(b)(1), in the Code of Ordinances, defmes a variance as a deviation from
the literal provisions of the chapter, which is granted by the Board when strict
conformity to the chapter would cause an unnecessary hardship because of the
circumstances unique to the property on which the variance is granted
The subject tract is less than one acre (approx. 0.48 ac.) Section 106-741 prohibits the
proposed construction of the accessory building in excess of 1000 S.F.
Except as otherwise prohibited, the Board is empowered to authorize a variance from a
requirement when the Board fmds that all of the following conditions have been met:
.:. That the granting of the variance will not be contrary to the best public interest.
Zoning Board of Adjustment
January 25, 2007
#V06-003
Page 2 of3
.:. 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.
A review of the site survey for the property shows the existence of 25' wide easements
(15' drainage easement + 10' utility easement) in the rear yard of the lot. The total
square footage of the lot may easily accommodate an accessory building or proposed
storage and utility use with the current lot's dimensions of width and depth.
The applicant wants to construct a 30'x 40' building that will be 200 S. F. over the limit
allowed by the Ordinance. The applicant states that the additional size is required for the
following:
. Garage/shop type facility used for storage of household items and Christmas
decorations.
. Other storage items, which are exposed to weather and other environmental
conditions.
. Home equipment, woodworking tools and other necessary items to be secured
inside.
. Extra space will allow ample maintenance area.
The ZBOA 's final consideration is whether granting of this request, observes the spirit
of the ordinance. There are no provisions in the Ordinance to vary from the size
restriction based upon the intended use.
Conclusion:
While the reasons for the variance relating to the size of the building do not strictly
conform to "physical hardship relating to the property itself' the building's intended use
to store items and equipment that might otherwise be committed to open storage may be
taken into consideration when rendering a decision. As a reminder, the Board considered
a similar matter on July 22, 2004, for neighboring property at 1607 Willow View Street.
Zoning Board of Adjustment
January 25, 2007
#V06-003
Page 3 of3
While recognizing the circumstances associated with the property, the Board may
consider:
. Allowing the building to be 1200 S.F., in excess of the 1000 S.F. allowed by
ordinance, to accommodate intended private storage (variance granted).
. Deny the variance for the accessory building to be 200 S. F. over the limit
allowed by the ordinance.
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 ofthe 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.
CITY OF LA PORTE
ZONING BOARD OF ADJUSTMENT
V ARlANCE REQUEST
Application No.:
OFFICE USE ONLY: Fee: $150.00 Date Received:
Receipt No.:
Note: This Fee is Non-Refundable Regardless of the Board's Decision
V tJG-c1tJ3
tI-llL-~~
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Applicant:
w/I-/....ll1rv' (! I BIJ/}E!10Y
Name
/ID:) )3JHev 1115719; jJ6Lfi-P/1/V<', T)L
Address 7 ?S3c;;;,
(2"8'1 )~ 79,- 7/99
."
Phone
I am the owner of the herein described property. I have authorized
to act on my behalf in this matter.
Owner*:
t:.J I /../-I/:f Ir] C. /31-J/)EIfO X
Na"me
jt.o3 lull~J..O(.v VIEw; J.~f};1<'rc. TX 7757/
Address
~81- L/ 7 ? - 7/ '1 9
Phone
I am requesting a variance to Sect. of the City Zoning regulations Chapter 106 ofthe
Code of Ordinance.
I am requesting this variance for property located at / G: 6.1 6a...J i I-I...e>w ill Eo...; t..A1:::t:'5;R.Tc, ']X.
Street Address
Legal Description
HSite 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 ar'plkant is NOT the owner, he must provide Authorization to act on the Owner's behalf.
Applicant's Signature
Date
Office Use Only
Site Pl:m Rnd 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:
2
A variance is a " deviation from the literal provisions of the Zoning Ordinance." The City's
Board of Adjustments may NOT grant a variance that does not meet all of the following
conditions:
1) The variance must not be contrary to the public interest.
2) Literal enforcement of the Zoning Ordinance must result in a hardship. This hardship
must be unique to the property in question. Property that is undevelopable due to its
unusual shape, narrowness, shallowness, or topography constitutes the primary example
of hardship. Hardships that are financial in nature or due to the owner's actions cannot
be granted.
3) Granting the variance must not violate the spirit of the Zoning Ordinance.
4) No variance that allows a use that is prohibited within the Use zone in question may be
granted. For example, a variance allowing a commercial use in a residential zone is not
allowable.
Pkase remember it is the Applicant's responsibility to prove that a variance will meet the
above conditions.
If there is not adequate room on the remainder of this form to list all pertinent information,
please feel free to attach an additional letter or any information and exhibits you feel the Board
should consider.
FACTS RELEVANT TO THIS MATTER:
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TYPE OF RELIEF BEING SOUGHT:
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#V06-Q03
1603
Willowview Street
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~ 106~741
LA PORTE CODE
DIVISION 2. ACCESSORY BUILDINGS, USES AND EQUIPMENT
Sec. 106-741. General provisions.
.(a) No accessory buildings, uses or structures shall be erected or located in any required
yard other than the rear yard except:
(1) A detached private garage as defined, may be permitted inside yards, provided:
a. It complies with all the requirements of this section;
b. It shall be five feet or, more from side l<?t lin,es; and
c. The side yard does not abut a street right-of-way.
(2) Accessory buildings built on a skid foundation, no larger than 120 square feet and no
more than one story in height may be located in utility easements in required rear
yards, except that they may not be located closer than three feet from a side or rear
property line or closer than six feet from any other structure.
(b) Accessory buildings, uses and structures shall not exceed l5 feet in height, shall be
three feet or mo~e from aii lot lines" shall be six feet or more from any other building or
structure on the same lot, 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 policy and standards, shall be 20 feet or more from the
alley right-of-way. Detac~ed garages locat~d in rear,yar.ds of corner lot~.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 fee~ in height, or the height of the
principal structure, whichever is less. .
(e) Floor area.
Iv (1) Generally. No accessory building, or carport garage for single-family dwellings shall
occupy more than 25. per~~nt of a rear yard, nor exceed 1,000 square feet of floor area.
B. .. .,
(2) Large lot residentiaL~nlY. Accessory buildings in single-family residential large lots
may not exceed~,OOO.square feet of floor area. Accessory buildings with a floor area in
excess of 1,000 square feet must be located at least 30 feet from any property line and
30 feet behind the rear of the primary structure. "
(f) 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 ~roperty lines or
the height of the structure, whichever is greater.
CDI06:82
#SE06-007
SPECIAL EXCEPTION
FOR
PROPOSED SINGLE FAMILY DWELLING
@ 941 OAK GROVE AVENUE
EXHIBITS:
STAFF REPORT
APPLICATION FOR SPECIAL EXCEPTION
EXHIBIT A - AREA MAP
EXHIBIT B - SURVEY MAP
EXHIBIT C - PLOT PLAN
EXHIBIT D - CODE OF ORDINANCES, SECTION 106-333;
TABLE B, RESIDENTIAL AREA REQUIREMENT
EXHIBIT E - PUBLIC NOTICE RESPONSES
Staff Report January 25, 2007
Special Exception Request #SE 06-007
ReQuested by:
Vincent Heims
ReQuested for:
Lot 12 & E. lIz of Lot 11; Oak Grove Block, Bayshore Park Addition &
Tract 7; Abstract No. 35, J. Hunter Survey, La Porte, Harris County, TX.
Location:
941 Oak Grove Avenue
ZOniDl!:
Low Density Residential (R-l) and Mid Density Residential (R-2)
Back2round:
The property in question is located within two zoning classifications. The
portion of land located within the Oak Grove Block is zoned Low Density
Residential (R-l) while the tract located in the J. Hunter Survey is zoned as
Mid Density Residential (R-2). The construction of a single-family dwelling
is a "permitted" use in each zone.
The Zoning Board of Adjustment (ZBOA) may recall previously granting at
the January 22,2004, meeting, a Special Exception (SE#04-001) for Tract 7,
Abstract No. 35, Johnson Hunter Survey, for the purpose of constructing a
single-family dwelling with a reduced setback from 25' to 10'. However,
after reviewing the Board's decision, the applicant found that it would be
impossible to build a home and the deck as desired. Subsequently, the
property was sold to the current owner.
The current owner is asking the Board to consider granting a Special
Exception for the entire property as this is a difficult property to work with
given the utility easements and high bank in the rear yard. The applicant
seeks a reduction in the standard front yard setback requirement in order to
construct a single-family dwelling and detached garage. Unfortunately, due
to the designated conservation area and narrow depth of the property, the
front yard setback reduction previously granted is insufficient for
construction of a home and detached garage.
The proposed house will be over 1,000 sq. ft. in floor area and 10' front
setback along Bayshore Drive and Oak Grove Avenue as well. The house
dimensions are 35'x 60' with a detached garage and 5' side yard setback (see
plot plan). While considering this request, the Board should note they are
being asked to consider the entire property to make the proposed project
"viable" .
Board of Adjustment
January 25, 2007 meeting
#SE 06-007
Page 2 of3
Analvsis:
Conclusion:
The abutting lot requirement, as referenced in Section 106-191(b) (2) (a)
does not exist; however, there are two older existing homes within the
overall block. Both homes have a reduced front yard setback. Without the
benefit of a property survey for each site, it appears that one of the structures
has an approximate setback of 12' to 17' while the other is between 6'to 9'.
The standard front yard setback requirement is 25'. (See Exhibit).
However, the survey/site plan provided by the applicant identifies the need
for a 10' front yard setback in lieu of the standard 25' .
This exception is being requested under the terms of Section 106-191 (b) (2)
(a) 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.
The attached aerial map identifies the location of the property in question
along with two pre-existing nonconforming homes within the same block.
(See Exhibit).
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 circumstance
covered by the terms of the Special Exception Section.
. Allow construction of a single-family dwelling with a reduced front yard
setback.
Should the Board grant this request, staff suggests the following conditions:
. Any relief granted should not conflict with the maintenance of public
utilities located within the property; and
. Require in-ground piles and/or supports be located 15' back from the
front property line while still allowing the proposed aerial deck to be
located 10' from the front property line
Board of Adjustment
January 25, 2007 meeting
#SE 06-007
Page 3 of3
Appeals:
As per Section 106-196 of the Code of Ordinances ofthe 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.
Applicant:
CITY OF LA PORTE
ZONING BOARD OF ADJUSTMENT
SPECIAL EXCEPTION REQUEST
Application No.: 'j 8' Ota .. (C)()[
Date Received: ) 21 I ~~ og
Receipt No.: g C1Q:2 .
This Fee is Non-Refundable Regardless of the Board's Decision
I /
VttlCENT (t:Lt1S
N e
/t;J./4 51 S(JflA~7JR. ?stflAdIJ al
Address '115~ 1-
Fee: $150.00
OFFICE USE ONLY:
Note:
P~~ :1!1-g/3-~:Z
I am the owner of the herein described property. I have authorized
to act on my behalf in this matter.
Owner" :
PH:
Address
I am requesting a Special Exception to Sect. of the City Zoning regulations Chapter 106
ofthe Code of Ordinance. IA Ih G.
I am requesting this Special Exception for property located at CJ"j-.I JAK lk!O Y.t:.
1. ' E tJ if II ~ 7 4 Street Address ~. ()
, ~7/~ ~;,4(Jr II ~~on' JJ;rfllt'f.~ JoJlllSJN - fJITfR ul!fflJ
Site Plan
( ) Major Development Site Plan
( ) Minor Development Site Plan
( ) General Plan
A Site Plan ofthe 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 ofreliefI 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 Authoriza io
j)Ff.'t=I1BEJ< 1~2tO?
Date
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:
2
A Special Exception is a deviation from the requirements ofthe Zoning Ordinance. Before they
grant a special exception, The Board of Adjustments must determine that the exception is not
contrary to the best public interest and will not adversely affect the value or use of adjoining
property.
Special exceptions may be granted for the following items only:
1) The reconstruction of or addition to a building occupied by a non-conforming use.
Additions cannot extend past the lot occupied by the original structure or use. The
reconstruction or use cannot prevent the property from returning to a conforming use.
2) Deviation of yard requirements under the following circumstances.
a) Exceptions to front yard requirements iffront yard setbacks are not met on abutting
pieces of property.
b) Exception to rear yard setbacks if any four (4) lots within a block do not meet
setback requirements.
c) Exceptions to yard requirements on corner lots.
d) Exceptions to front yard requirements if existing front yard setbacks on a block are
not uniform.
3) Waiving or red uction of ofT street parking and loading req uirements if the Board feels
they are unnecessary for the proposed use of a build ing or piece of property.
Please remember it is the Applicant's responsibility to prove that a Special Exception will meet
the above conditions.
If there is not adequate room on the remainder ofthis form to list all pertinent information,
please feel free to attach an additional letter or any information and exhibits you feel the Board
should consider.
3
~ TYPE OF RELIEF BEING SOUGHT:
~. "
REVISION 10/21/03 Rye
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#SE07-001
SPECIAL EXCEPTION
FOR
SINGLE FAMILY DWELLING
@ 200 NORTH 4TH STREET
EXHIBITS:
STAFF REPORT
APPLICATION FOR SPECIAL EXCEPTION
EXHIBIT A - AREA MAP
EXHIBIT B - SURVEY MAP
EXHIBIT C - PHOTOS
EXHIBIT D - CODE OF ORDINANCES, SECTION 106-333;
TABLE B, RESIDENTIAL AREA REQUIREMENTS
EXHIBIT E - PUBLIC NOTICE RESPONSES
Staff Report January 25, 2007
Special Exception Request #SE07-001
Requested by:
D. Paul Larson, property owner
Requested for:
Lots 11-16; Block 64; Town of La Porte
Location:
200 N. 4th Street
ZOnilll!:
Low Density Residential (R-l)
Back2round:
The property in question is zoned as Low Density Residential (R-l). A
single-family dwelling is a "permitted" use in this zone. According to Harris
County Appraisal District record, the single family house was built in 1985.
After a remodeling permit was issued, a porch was added. The 8' wide porch
was constructed to provide shading for the west face of the house. Upon
inspection, it was identified that the house in question does not comply with
the standard front yard setback of twenty-five (25'), resulting in a
nonconforming structure encroaching into the front yard building setback.
In reviewing the attached survey, staff notes the existing house is at least 28'
back from the front property line. (See Exhibit) The owner is requesting to
permit a 8'x 37'3"(wide) roofed-over front porch. (See Exhibit). Should the
Board approve the applicant's request as submitted, the porch addition
would be located approx. 20' off the front property line.
The abutting lot requirement as referenced in Section 1 06-191 (b)(2)(a) does
not exist; however, there are two existing homes within the same block. The
setbacks vary and without a property survey of each one, the exact setbacks
are unknown. Staff's evaluation of the block found one of the homes has no
front yard. Of these homes (including the porch), one is approximately 2'
from the front property line while the other home within the same block is
approximately 20' back from the front property line. The current setback of
the applicant's house represents an "average" of the various yard setbacks
within the same block and the block just south of Polk Street.
The applicant further states that the porch was added to create much needed
outdoor living space. In addition, it may reduce energy costs since it faces
the west side of the house. The applicant is asking the Zoning Board of
Adjustment (ZBOA) to consider reducing the City's standard twenty-five
foot (25') front yard setback requirement to permit front porch.
Board of Adjustment
January 25, 2007
#SE 07-001
Page 20f 2
Analvsis:
Conclusion:
The applicant wishes to keep the porch in place by obtaining a city building
permit; however, staff is unable to issue a permit based on the conflict with
the zoning regulations. Removal of aesthetically pleasing and functionally
appropriate non-compliant porch would cause unnecessary financial burden
and material loss to the whole house. Hence, the applicant has chosen to
submit a Special Exception request asking for a relief from the front yard
requirement.
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.
The Applicant's request is based on Section 106-191(b)(2)(a) which states
the following:
To deviate the front yard requirement where the actual front yard setback of
any abutting lot does not meet the front yard requirement.
The house located on the abutting four lots (222 North 4th Street) does not
comply with the City's current front yard setback requirement. The
applicant's structure and porch appear to be in line with and have the same
front yard setback as 232 North lh Street.
Should the Board grant Special Exception #SE07 -001, staff suggests the
following condition be made as part of its approval.
.:. The applicant shall be required to obtain the required City building
permit and inspection(s).
Board of Adjustment
January 25, 2007
#SE 07-001
Page 300
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.
CITY OF LA PORTE
ZONING BOARD OF ADJUSTl\1ENT
SPECIAL EXCEPTION REQUEST
Application No.: ~G7-,;f)1-:~
OFFICE USE ONLY: Fee: $150.00 DateReceived:~
Receipt No.: · l1; m7:> ,
Note: This Fee is Non-Refundable Regardless of the Board's Decision
Applicant:
J). 'PWL- L ~SDJ..J
Name
200 J(ts. 4~ S11<eI1:r
Address
PH: 2.81 -Sctz.-74c:t \
I am the owner of the herein described property.
to act on my behalf in this matter.
'""iJ .~AvL- WSON
Name
I have authorized
Owner'" :
2.00 N tl. 1~ S~
Address
-PH: Z~/-8cfZ-744 \
I am requesting a Special Exception to Sect. /O&, ....353 of the City Zoning regulations Chapter 106
of the Code of Ordinance.
I am requesting this Special Exception for property located at
Lo-ts (( -I b I
I
s UJ cJ<.. "1. lOw I\J o?
Legal Description
200 N~4~s~
Street Address
L..;\- Fb~"'\C..
OJ.3 it; b 0 64rJ/J/1
Site Plan
( ) ajor 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 ofthis form.
a) AIl facts concerning the matter that has led up to this request.
b) The type ofreliefI 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 Authorizati
Office Use Only
/..../0,07
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:
2
A Special Exception is a de.viation from the requirements of the Zoning Ordinance. Before they
grant a special exception, The Board of Adjustments must determine that the exception is not
contrary to the best public interest and will not adversely affect the value or use of adjoining
property.
Special exceptions may be granted for the following items only:
1) The reconstruction of or addition to a building occupied by a non-conforming use.
Additions cannot extend past the lot occupied by the original structure or use. The
reconstruction or use cannot prevent the property from returning to a conforming use.
2) Deviation of yard requirements under the following circumstances.
~Exceptions to front yard requirements if front yard setbacks are not met on abutting
pieces of property.
b) Exception to rear yard setbacks if any four (4) lots within a block do not meet
setback requirements.
c) Exceptions to yard requirements on corner lots.
d) Exceptions to front yard requirements if existing front yard setbacks on a block are
not uniform.
3) '''aiving or reduction of off street parking and loading requirements ifthe Board feels
they are unnecessary for the proposed use of a building or piece of property.
Please remember it is the Applicant's responsibility to prove that a Special Exception will meet
the above conditions.
If there is not adequate room on the remainder of this form to list all pertinent information,
please feel free to attach an additional letter or any information and exhibits you feel the Board
should consider.
FACTS RELEVANT TO THIS MATTER:
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TYPE OF RELIEF BEING SOUGHT:
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THE GROUNDS FOR THE REQUESTS:
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S:\CPShare\INSPECTION DIVISION\Standard Forms\ZONING SPECIAL REQUEST.doc REVISION 10/21/03 RYC
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200
North 4th Street
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THE LOCATION QF THE SUBJECT TRACT ON THE FEMA FLOOD INSURANCE RATE MAP. COMMUNITy PANEL NO. 485487-0945-J.
UFECTIVE OATE OF NOVEMBER 06, 1996. INOICATES THAT THE SUBJECT TRACT IS WITHIN IUNSHADEDI ZONE "X". AN
'REA OUTSIDE THE SDO-VEAR FLOOD-PLAIN. THIS STATEMENT is BASED ON SCALING THE LOCATION OF SAID SURVEY ON
IHE ABOVE REFERENCE MAP, THIS INFORMATION IS TO DETERMiNE FLOOD INSURANCE RATES ONLY ANO IS NOT INTENDED
T~ IDENTIFY SPECIFIC FLOODING CONDITIONS.
"tARINGS SHOWN HEREON ARE BASED ON TOWN OF LA PORTE, RECORDED IN VOLUME S8. PAGE 460. OF THE DEED RECORDS
,;.. HARRIS COUNTY. TEXAS,
'(.l EASEIolENTS SHOWN ARE AS DESCRIBED IN A TITLE COMMITMENT PREPARED BY ALAIolO TITLE INSURANCE COMPANY
;iNDER GJ, NO. D2-4240~208. HAVING AN EFFECT IVE DATE OF JANUARY 31, 2002. NO FURTHER RESEARCH OF THE
'4RRI.S COUNTY DEED RECORDS WAS PERFORMED BY CIVIL CONCEPTS. INC.
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WEST POLK STREET
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"'EL J. BAGGETT, A REGISTERED PROFESSIONAL LAND SURVEYOR. DO HEREBV
~ ~ THAT Tl-j I S Pl AT CORRECTL Y REPRESENTS A SURVEY MADE ON THE GROUND
, , uV SUPERV I S ION AND CORRECTL V REPRESENTS THE F AC TS FOUND A T THE T IIolE
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RE ISTERED PROFESSIONAL LAND SURVEYOR
TEXAS REGISTRATION NO, 4242
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PURCIIASER: D. PAUL LARSON
ADDRESS: 200 N.4TH STREET, LA PORTE, TEXAS
lECAl OESCRIPI ION:
LOTS 11.12.1).14. 15 ANO 16. BLOCK 64,
TOwN OF LA PORTE. RECOROEO IN VOLUME 58.
PAGE 460. OF THE DEED RECDRDS OF HARRIS
COUNTY. TEXAS,
DATE: 02-22'02
SCALE: I" . 20'
~ Civil Concepts, Inc.
3425 Federal Street
c: Pasadena. Texas 77504
Phone: 713,947.6606
ARCHITECTURAL. CIVIL ENGINEERINC, CONSTRUCTION.
CEOMATICS 'SURVEYING &. I.I.4.PPINGI
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