HomeMy WebLinkAbout01-25-07 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment Minutes
Minutes of the Meeting
ZONING BOARD OF ADJUSTMENT
MINUTES OF JANUARY 25, 2007
Members Present:
George Maltsberger, Bob Capen, Rod Rothermel, Lawrence McNeal (Alt.
No.1), and Gilbert Montemayor (Alt. No.2)
Members Absent:
Charles Schoppe
City Staff Present:
Masood Malik, City Planner; Clark Askins, Assistant City Attorney; and
Shaye Bradley, Secretary.
Note: Prior to this meeting City Council appointed George Maltsberger as chairman.
Subsequently, former Chairperson, Sidney Grant, tendered his resignation.
Board Member Rod Rothermel arrived at 6:08 p.m.
1. CALL TO ORDER.
Chairman George Maltsberger called the meeting to order at 6:02 p.m.
2. CONSIDER APPROVAL OF THE NOVEMBER 15,2006, MEETING MINUTES.
Minutes of the meeting were approved as presented.
3. CONSIDER VARIANCE REQUEST #V06-003 FOR THE PROPERTY LOCATED AT
1603 WILLOW VIEW STREET, FURTHER DESCRIBED BY THE HARRIS COUNTY
APPRAISAL DISTRICT AS LOT 6, WILLOW VIEW SUBDIVISION, RECORDED IN
VOLUME 79, PAGE 46, ENOCH BRINSON SURVEY, ABSTRACT 5, LA PORTE,
HARRIS COUNTY, TEXAS. THE APPLICANT, WILLIAM C. BADEAUX, SEEKS A
VARIANCE TO ALLOW AN ACCESSORY BUILDING WITH 1200 S.F. OF FLOOR
AREA EXCEEDING THE MAXIMUM 1000 S.F. ALLOWED IN A REAR YARD. THIS
VARIANCE IS BEING SOUGHT UNDER THE TERMS OF SECTION 106-192 (B) OF
THE CODE OF ORDINANCES.
A. STAFF PRESENTATION
Masood Malik presented the Staffs Report. The applicant, William C. Badeaux
(Property Owner), seeks to allow construction of an accessory building of storage
and other utility purposes in the rear yard allowing the building to be 30' x 40', or
1200 SF, which is 200 S.F. over the limit. Section 106-741 (e) (1) of the Code of
Ordinances 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.
Eleven property owners located within 200 feet of the subject tract were sent
notification of the public hearing. Two responses were received favoring and none
opposing the request.
B. PROPONENTS
Chairman Maltsberger swore in William C. Badeaux of 1603 Willow View. Mr.
Badeaux addressed the Board in favor of the request. Mr. Badeaux advised that he
is paying a very large storage bill monthly and he would like to build and accessory
building to save storage fees and have his wood working tools at his residence. Mr.
Zoning Board of Adjustment
Minutes of January 25, 2007
Page 2 of 4
Badeaux also informed the Board that similar buildings exist in this same
neighborhood.
C. OPPONENTS
There were none.
Motion by Bob Capen to approve Variance Request #V06-003 for the property located at
1603 Willow View to allow an accessory building with 1200 S.F. of floor area exceeding
the maximum 1000 S.F. allowed in a rear yard. Second by Lawrence McNeal. The
motion carried.
Ayes:
Nays:
Abstain:
Maltsberger, Rothermel, Capen, McNeal and Montemayor
None
None
Assistant City Attorney, Clark Askins, read aloud from Section 106-196 of the Code of
Ordinances, which addresses Appeals.
4. CONSIDER SPECIAL EXCEPTION REQUEST #SE06-007 FOR THE PROPERTY
LOCATED AT 941 OAK GROVE, FURTHER DESCRIBED BY THE HARRIS COUNTY
APPRAISAL DISTRICT AS LOT 12 AND EAST % OF LOT 11, OAK GROVE BLOCK
OF BAYSHORE PARK. RECORDED IN VOLUME 10, PAGE 22, MAP RECORDS OF
HARRIS COUNTY, AND TR 7 IN THE JOHNSON HUNTER SURVEY, ABSTRACT 35,
LA PORTE, HARRIS COUNTY, TEXAS. THE APPLICANT, VINCENT HEIMS, SEEKS
A REDUCTION IN THE MINIMUM FRONT YARD SETBACK REQUIREMENT. THIS
EXCEPTION IS BEING SOUGHT UNDER THE TERMS OF SECTION 106-191 (B) (2)
(A) OF THE CODE OF ORDINANCES.
A. STAFF PRESENTATION
Masood Malik presented Staffs Report. The applicant, Vincent Heims, seeks a
reduction in the standard front yard setback requirement in order to construct a
single-family dwelling and detached garage. This exception is being sought under
the terms of Section 106-191 (2) (C) of the Code of Ordinances.
Fourteen 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 Maltsberger swore in Vincent Heims, of 941 Oak Grove. Mr. Heims
addressed the Board favoring the request. Mr. Heims explained that the irregular
shape of his property has caused him to seek this exception. Mr. Heims also stated
that because of this irregularity, he cannot keep within the proper boundaries. Mr.
Heims advised the Board that he is trying to build a nice home for his wife and kids.
C. OPPONENTS
There were none.
Zoning Board of Adjustment
Minutes of January 25, 2007
Page 3 of 4
Motion by Rod Rothermel to approve Special Exception Request #SE06-007 for the
property located at 941 Oak Grove for a reduction in the minimum front yard setback
requirement. Second by Bob Capen. The motion carried.
Ayes:
Nays:
Abstain:
Maltsberger, Rothermel, Capen, McNeal and Montemayor
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 #SE07 -001 FOR THE PROPERTY
LOCATED AT 200 N. 4TH STREET BEING LOTS 11-16, BLOCK 64, TOWN OF LA
PORTE, RECORDED IN VOLUME 58, PAGE 460, DEED RECORDS OF HARRIS
COUNTY, LA PORTE, HARRIS COUNTY, TEXAS. THE APPLICANT, PAUL LARSON,
SEEKS A REDUCTION IN THE MINIMUM FRONT YARD SETBACK REQUIREMENT.
THIS EXCEPTION IS BEING SOUGHT UNDER THE TERMS OF SECTION 106-191 (B)
(2) (A) OF THE CODE OF ORDINANCES.
A. STAFF PRESENTATION
Masood Malik presented the Staffs Report. The applicant, Paul Larson, is
seeking a special exception to permit an 8' x 37'3" (wide) roofed-over front porch.
The current setback of the applicant's house represents an average of the
various yard setbacks within the same block and the block south of Polk Street.
The porch was added to create much needed outdoor living space. This
exception is being sought under the terms of Section 106-191 (2) (C) of the Code
of Ordinances.
Thirteen property owners located within 200 feet of the subject tract were sent
notification of the publiC hearing. Seven responses were received favoring the
request and none opposing.
B PROPONENTS
Chairman Maltsberger swore in Paul Larson, of 200 N. 4th Street, La Porte,
Texas. Mr. Larson advised the Board that the construction of the porch was
terminated due to permitting issues. Mr. Larson assured the Board that the
porch would be brought up to proper standards.
C. OPPONENTS
There were none.
Motion by Bob Capen to approve Special Exception Request #SE07-001 to permit an 8' x
37'3" (wide) roofed-over front porch providing that all permits are received and all
inspections of the porch pass. Second by Rod Rothermel. The motion carried.
Ayes:
Nays:
Abstain:
Maltsberger, Rothermel, Capen, McNeal and Montemayor
None
None
Assistant City Attorney, Clark Askins, read aloud from Section 106-196 of the Code of
Ordinances, which addresses Appeals.
Zoning Board of Adjustment
Minutes of January 25, 2007
Page 4 of 4
6. TRAINING SESSION 1 - 2006 OPEN MEETING ACT
Chairman Maltsberger suspended the agenda to move to item #7 Administrative Reports.
Board Members viewed a training video related to open meetings. Training Session 11-
Open Records will be held at the February 22,2007, meeting.
7. ADMINISTRATIVE REPORTS
Masood Malik
. Port Crossing Business Park-development in progress
· Lakes at Fairmont Greens-after placement of the trunk and sewer main,
construction of 96 houses will begin
. Chili's Restaurant-under construction
. Value Place Hotel-under construction
8. BOARD COMMENTS
There were none.
9. ADJOURN
Chairman Maltsberger adjourned the meeting at 7:36 p.m.
Approved on this~ day of
,2007.
,",,~~4.~ /'- -
Chairperson, Zoning Board of Adjustment
#SE07 -002
SPECIAL EXCEPTION
FOR
PARKING LOT
@ 1601 WEST 'H' STREET
EXHIBITS:
STAFF REPORT
APPLICATION FOR SPECIAL EXCEPTION
EXHIBIT A - AREA MAP
EXHIBIT B - CODE OF ORDINANCES, SECTION 106-835 G)(k)
EXHIBIT C - PUBLIC NOTICE RESPONSES
Staff Report
Requested by:
Requested for:
Location:
Zonin2:
Back2round:
Analvsis:
February 22, 2007
Special Exception Request #SE07-002
PPG Industries, Inc.
Block 868; Town of La Porte.
160 1 West 'H' Street
Light Industrial (Ll)
In 1998, the PPG Industries, Inc. contacted the City and requested approval
of a temporary off-site parking lot for use during construction within the
plant site. A letter of agreement was executed between PPG and the City
authorizing the use for a maximum of three years. Conditions of the
agreement included maintaining the parking lot in a "dust free" manner. In
addition, any extension of the agreement required City approval. A request
for an extension did not occur.
Recently, parking lot violations, e.g. non-dust free surface and fence
conditions were brought to the City's attention. PPG Industries was notified
of the violations. It was further noted that if the parking lot is no longer
desired, all improvements should be removed to abate the violations. PPG
Industries responded positively and closed access to the lot on December 20,
2006, by using barricade and warning pylons at the site.
In a letter to the City, PPG noted the lot is not intended for routine parking,
but for use only as a staging area for emergencies, including drills. PPG
further requested to keep a gravel surface ensuring the lot will not be used
for non-emergency parking.
This Special Exception request is to consider approval of a gravel surface for
the parking lot and continued use of this lot for mutual aid or local
emergency equipment staging area. This exception is being requested under
the terms of Section 106-1 91 (b)(3) of the City's Code of Ordinances.
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 qffect the value, or use of
neighboring property.
.:. Granting the exception will not be contrary to the best public interest.
Zoning Board of Adjustment
February 22, 2007
#SE 07-002
Page 2 of2
Regarding this request, the relief being sought is covered by the terms of the
Special Exception Section.
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.
On the application for Special Exception, the applicant noted that the plant
needs to stage equipment close to the facility in case of an emergency that
requires mutual aid or City emergency services. In addition, traffic will be
minimal. The area will be used for drills or other purposes once or twice a
year. It is further added that the lot will be properly maintained by mowing
and controlling weeds.
Conclusion:
Should the Board approve this request, the following condition should be
considered
.:. Parking area screening shall conform to the requirements of Section
106-835 G) (k) of the ordinances. Required screening shall be of
sufficient height and opaque to completely obscure the activity,
structure, or use.
This condition is necessary to ensure that granting a special exception under
Section 106-191 (b) (3) would not be contrary to the best public interest.
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.
OFFICE USE ONLY: Fee: $150.00
CITY OF LA PORTE
ZONING BOARD OF ADJUSTMENT
SPECIAL EXCEPTION REQUEST
Note:
Applicant:
::J)ft;.j 7ofEios)Lij fbr 'FPG :J:nclu5frf'rs rAIL.
Name'
10/0/ {Jlle- fI i j{)ufh I~fh 6Tfl~€T
Address
PH: JB i -1'-/7 (- 51 L{7 (X.f ~'/ )"
I am the owner of the herein described property.
to act on my behalf in this matte~
Owner": ~
- Name
I have authorized J fJ,..{ 'r;;fJ~~{)5 k (1
. I
PI 0, B"" Cf'~
Address
L.. f", Ie.. T~
PH: ~ ~I - '17/ -0 '/YJ
I am requesting a Special Exception to Sect. of the City Zoning regulations Chapter 106
of the Code of Ordinance. . ,t f .--
I am req uesting this Special Exception for property located at / to I Iv t:5 fJ j I
''2). 1, LI , 0 j 81 /" ..-r Street Address
U utt:... 00(/1- t? IOWitl PF /..fJ-P(!(l...rc
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 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 Authorization t a
02-07- 61
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:
t.. ~:. - .~
"u irtB~ ,::'" ,-=>> ,
~ '
. P"
:F
la'~;'..'.l......'
, .~.'
,-
,.4;. .
...,..,.;.~
.... .l",
:~\
llcl:
." i
;" ' ,: ~?'
\
itA PPG PARKING LOT
,*'04.. ..~:.,.<
_I
,
#J.t
,t'
...
E
111/"
""-;,.~,,,~/
. ,,*,,,""\. ~' ",C
_ : .,fj!/~I':'1 '!I/lIrt h
+..-',;;.:..........~
.
"7..,,
~'~
g 106-835
LA PORTE CODE
Driveway Criteria
'Requirements
Commercial
Industrial
Disappearing
at prop. line
5' min.
10' min.
Obstruction clearance
Distance from side lot line
Disappearing
at prop. line
5' min.
10' min.
Curbs
* The distance shall be measured from the intersection of property lines common with the
street right-of-way lines.
(e) Driveway approaches. Driveway approaches shall be a minimum two feet from the side
. . .
property line in residential districts, and ten feet from the side property line in business or
industrial districts, or R-3 residential districts.
(f) Surfacing. All areas intended to be utilized for parking space and driveways shall be
surfaced with materials suitable to control dust. and drainage. Except in the case of
single-family and two-family dwellings, driveways and stalls shall be surfaced in conformance
with the public improvements criteria manual. .Plans for surfacing and drainage of driveway
and staUs for five or more vehicles shall be submitted to the director for his review and the
final drainage plan shall be subject to his writteaapproval.
(g) Striping. Except for single-family, two-family and townhouse dwellings, all parking
stalls shall be marked with painted lines not less than four inches wide.
(h) Lighting. Any lighting used to illuminate an off-street parking area shall be so arranged
as to reflect the light away from adjoining property, abutting residential uses and public
right-of-way.
(i)Curbing. Except for single-family, two-family and townhouse dwellings, all open off-
street parking shall have a curb barrier not closer than two feet to all street frontage.
(j) Required screening. Any screening required shall consist of the following:
(1) A planting strip shall consist of evergreen groundcover, and shall be of sufficient width
and density to provide an effective screen. The planting strip shall contain no
structures or other use. Such planting strip shall not be less than six feet in height.
Earth mounding or berms may be used, but shall not be used to achieve more than two
feet of the required screen. .
(2) Standards:
a. Width of planting strip: Four feet.
b. Type of planting: Evergreen.
c. Siie of plants: Minimal height offour feet at time of planting. Must reach a height
of six feet within two years.
d. Planting density: Such that within twoyears of normal growth, a solid screen will
be formed to a height of at least six feet above adjacent grade.
CD106:96
ZONING
~ 106-838
>
(3) Screening will be required in the following situations:
a. Parking areas for recreational buildings, community centers, religious, and
private and public educational institutions.
b. Manufactured housing parks and subdivisions screened from abutting uses.
(4) Required screening will count toward the required percentage oflandscaping.
(k) Parking lot screening. A landscape buffer shall be maintained between all open,
nonresidential off-street parking areas of five or more spaces abutting residential districts.
Landscape buffers shall be a minimum of four feet in width. Plantings should consist of trees
and low evergreen shrubs. Planting plans shall be approved by the director.
(Ord. No. 1501-JJ, S 9, 10-14-02)
Sec. 106=836. Maintenance.
It shall~ be the joint and several responsibility of the lessee and owner of the principal use,
uses or building to maintain, in a neat and adequate manner, the parking spaces, accessways,
striping, landscaping, and required fences.
Sec. 106-837. Location.
All accessory off-street parking facilities required by this chapter shall be located and
restricted as follows:
(1) Required accessory off-street pro'king shall be on the same lot under the same
ownership as the principal use being served, except under the provisions of subsections
106-444(e) and (f), off-site parking, and joint parking.
(2) Except for single-family, two-family and townhouse dwellings, head-in parking,
directly off of and adjacent to a public street, with each stall having its own direct
access to the public street, shall be prohibited.
(3) There shall be no off-street parking within 15 feet of any street surface.
(4) The boulevard portion of the street right-of-way shall not be used for parking.
(5) Setback area. Required accessory off-street parking shall not be provided in front yard
setbacks or in side yard setbacks in the case of a corner lot, in R-l and R-2 districts.
(6) In the case of single-family, two-family, and townhouse dwellings, parking shall be
prohibited in any portion of the front yard except designated driveways or one open,
surfaced space located on the side of a driveway, away from the principal use. Such
e}."tra space shall be surfaced with concrete or bituminous material.
Sec. 106-838. Use of required area.
Required accessory off-street parking spaces in any district shall not be utilized for open
storage, sale or rental of goods, or storage of inoperable vehicles as regulated by the junk
vehicle requirements in section 34-166 et seq.
Supp. No.9
CDI06:97