HomeMy WebLinkAbout02-22-07 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment Minutes
ZONING BOARD OF ADJUSTMENT
MINUTES OF FEBRUARY 22, 2007
Members Present:
George Maltsberger, Bob Capen, Rod Rothermel, Charles Schoppe,
Lawrence McNeal (Alt. No.1), and Gilbert Montemayor (Alt. No.2)
Members Absent:
None
City Staff Present:
Masood Malik, City Planner; Clark Askins, Assistant City Attorney; and
Shaye Bradley, Secretary.
1. CAll TO ORDER.
Chairman George Maltsberger called the meeting to order at 6:01 p.m.
2. CONSIDER APPROVAL OF THE JANUARY 25, 2007, MEETING MINUTES.
Minutes of the meeting were approved as presented.
3. CONSIDER SPECIAL EXCEPTION #SE07-002 FOR THE PROPERTY lOCATED AT
1601 WEST 'H' STREET, FURTHER DESCRIBED BY THE HARRIS COUNTY
APPRAISAL DISTRICT AS BLOCK 868, TOWN OF lA PORTE, HARRIS COUNTY,
TEXAS. PPG INDUSTRIES, INC. SEEKS A SPECIAL EXCEPTION FOR A
TEMPORARY PARKING lOT TO BE USED PERMANENTLY FOR EMERGENCY USE
ONLY. THIS EXCEPTION IS BEING SOUGHT UNDER THE TERMS OF SECTION
106-191 (B) OF THE CODE OF ORDINANCES.
A. STAFF PRESENTATION
Masood Malik presented the Staffs Report. Recently, parking lot violations, e.g. non-
dust free surface and fence conditions were brought to the City's attention. PPG was
notified of these violations. The applicant, PPG Industries, seeks this Special
Exception for approval of a gravel surface for the parking lot and continued use of the
lot for mutual aid or local emergency equipment staging area. The exception is
requested under the terms of Section 106-191 (b) (3) of the City's Code of
Ordinances.
Four 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 Dan Toperosky, of 1901 Avenue "W. Mr. Toperosky
advised the Board that the parking lot would only be used for the purpose of staging
mutual aid and other emergency vehicles. Mr. Toperosky also advised the that there
has been a metal pole barricade placed at the entrance of the parking lot equipped
with a lock for the purpose of preventing unauthorized vehicles from parking in the
parking lot. Mr. Toperosky addressed several questions related to the parking lot
from Board members.
C. OPPONENTS
Zoning Board of Adjustment
Minutes of February 22,2007
Page 2 of2
There were none.
Motion by Bob Capen to approve Special Exception Request SE#07 -002 for the property
located at 1601 West 'H' Street for a temporary parking lot to be used permanently for
emergency use only. Second by Rod Rothermel. The motion carried.
Ayes:
Nays:
Abstain:
Maltsberger, Rothermel, Shoppe, 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. TRAINING SESSION 1 - 2006 OPEN MEETING ACT
Chairman Maltsberger suspended the agenda to move to item #5 Administrative Reports.
Board Members viewed a training video related to open records.
5. ADMINISTRATIVE REPORTS
Masood Malik
. Port Crossing Business Park-development in progress
. Underwood Business Park-development in progress
. Shopping Center Site Plan for a development at Somerton and Spencer
Highway-being reviewed by staff.
6. BOARD COMMENTS
There were none.
7. ADJOURN
Chairman Maltsberger adjourned the meeting at 7:36 p.m.
Submitted by,
Shaye radley
Secretary, Zoning Board of Adjustment
Approved on this ~ day of ~~
,2007.
#V07-001
VARIANCE
FOR
SWIMMING POOL AT 214 JAMIE CT.
EXHIBITS:
STAFF REPORT
APPLICATION FOR VARIANCE
EXHIBIT A - AREA MAP
EXHIBIT B - POOL DESIGN
EXHIBIT C - CODE OF ORDINANCES, SECTION 106-748
EXHIBIT D - PUBLIC NOTICE RESPONSES
Staff Report
March 01, 2007
Variance Request #V07-001
Requested by:
Requested for:
Location:
Zonine::
Backe:round:
Mr. Noel Anderson, property owner
Block l; Lot l5; Spencer Landing, Section 4
214 Jamie Ct.
High Density Residential (R-3)
The applicant, Mr. Noel Anderson, is requesting approval to construct a
swimming pool at 214 Jamie Court (on a cul-de-sac). The Harris County
Appraisal District (HeAD) record shows that the house was built in 2003,
with 6,667 square feet ofland area and 2,390 square feet oftotalliying area.
Lot dimensions are North 88', South 58', East 105', and West 99' with
utility easements of 5' and 7' located to the east and north of the lot
respectively.
Mr. Anderson's request for a building permit was denied. The swimming
pool design, as proposed by Blue Haven Pools, does not comply with City
ordinance requirements. Due to the narrowness of the yard directly behind
the house and the unusual shape of the rear yard, a portion of the pool was
designed to extend into the side yard. Ordinance requirements prohibit
swimming pools from being located in side yards. The applicant contends
amending the size of the pool is not feasible, therefore he has requested the
Board consider granting a variance to alleviate the problem.
Minimum setbacks for a swimming pool are as follows:
.
Measuring from the water's edge of the pool, a 6' setback from any
adjacent structure is needed.
Measuring from the water's edge of the pool, a 3' setback from a utility
easement is needed.
Measuring from the water's edge of the pool, a 5' setback from the side
property lines is needed.
A deck (walking area) around the pool may abut a utility easement but
may not encroach.
.
.
.
The pool would comply with mInImum rear and side yard setback
requirements; however a portion of the proposed pool and deck falls into
the side yard of the house. As previously stated, swimming pools are
prohibited from being located within the side yard.
Board of Adjustment
March 1, 2007
V07-001
Page 2 of3
Analvsis:
The applicant is requesting a variance as follows.
D Allow a portion of the pool and deck to be located within the side yard
of the house.
D It should be noted that staff received a call from Mr. Trent West with
the Spencer Landing Home Owner's Association. The Home Owner's
Association offers no objection regarding this request.
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 zoning ordinance would cause an unnecessary hardship
because of the circumstances unique to the property on which the variance is
granted.
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.
a) That the granting of the variance will not be contrary to the public
interest;
b) 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
c) That by granting the yariance, the spirit of the chapter will be observed.
The Board must decide if the applicant's request for constructing a
swimming pool within the side yard of the house is reasonable. The Board is
charged with deciding whether all of the above stated conditions have been
met.
Staffs review of the property in question does indicate an "unnecessary
hardship" relating to the property due to an extraordinary or exceptional
physical situation unique to this specific piece of property.
The grounds for relief stated by the applicant are as follows:
Board of Adjustment
March l, 2007
V07 -001
Page 3 of3
Conclusion:
Appeals:
~ Unable to place the pool in any other location.
~ The pool is needed for physical therapy use.
While the reasons for the variance relating to the size and shape of the
pool do strictly conform to "physical hardship relating to the property
itself' the exclusive use Physical Therapy required by the applicant may
be taken into consideration when rendering a decision.
While recognizing the circumstances associated with the property, the
Board may consider:
. Allowing a portion of the proposed pool to be located in the side yard
of the house, prohibited by ordinance, to accommodate intended
design (variance granted).
. Deny the variance for the pool to be located within the side yard.
As per Section 1 06-l96 of the Code of Ordinances of the City of La Porte:
Any person or persons, jointly or seyerally, 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
2l1.0ll, duly yerified, 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:
CITY OF LA PORTE
ZONING BOARD OF ADJUSTMENT
VARlANCE REQUEST
APplicalio.n No.: ~I .
Date Received: . d-.. 0
Receipt No.: '
This Fee is Non-Refundable Regardless of the Board's Decision
Fee: $150.00
Note:
Applicant:
Noel ~~Jn;oy\
Name
ihiY 'OQro-, Q; ~ -\-. I La ~rk
Address ,1 ~ 7 r
l/3-lf9/-3//0
Phone
I am the owner of the herein described property. I have authorized
to act on my behalf in this matter.
Owner*:
Name
Address
Phone
I am requesting a variance to Sect.
Code of Ordinance.
I am requesting this variance for property located at
of the City Zoning regulations Chapter 106 of the
dllf rumieCf. kJ3/'Ie/ Ii 77J7/
Street Address
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 I am seeking (setbacks, lot coverage, etc.).
c) The grounds upon which I am making this request.
* If al:plkant is NOT the owner, he must provide Authorization to act on the Owner's behalf.
~/}/IIJ 7 . ~or--~
Da'te Applicant's Signature
Office Use Only
Site Pl:1n and Authorization (if applicable) attached? Yes () No ()
Date transmitted to the Board of Adjustments:
Meeting Date:
Applicant Notified of Date:
Notice to surrounding property owners- Date:
Board's Decision:
Approved ( )
Denied ( )
Notice of Boards Decision mailed to Applicant/Owner:
Legend
o Property Lines
--- Dramage Channels
Raillines
.. City Limits
"
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Disclaimer: The City of La Potte makes no representation or warranty as to the accuracy of this map and as Information nor to as fftness for use Any user of this map product accepts the same AS IS.
WITH ALL FAULTS. and assumes all responsibility for the use thereof, and futther agrees to not hold the City of La Potte liable from any damage, loss, or liability arising from any use of the map product.
Independent verification of all information contained on thiS map should be obtained by the end user
City of La Porte
604 W Fairmont Parkway
La Porte, TX 77571
(281) 471-5020
www.laportetx.gov
La Porte GIS Mapping
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S 106-744
LA PORTE CODE
. "\
(d) A bed and breakfast shall be allowed one sign, not exceeding three square feet in area
and nonilluminated. This sign may be either mounted on the building or located in a
landscaped portion of the yard. Yard signs shall be located in accordance with the provisions
of article VII of this chapter.
Sec. 100-745. Commercial-industrial accessory structures and uses.
Structures and buildings accessory to commercial or industrial principal uses shall meet all
setback and height requirements ofthe district they are in as ifthey were principal structures.
Accessory buildings or structures shall not exceed 30 percent of the gross floor area of the
principal use.
Sec. 106-746. Location of truck terminals restricted.
Truck tenninals, as defined in section 70-211, shall only be located in areas directly adjacent
to the right-of-way of the truck routes specifically designated in section 70-231.
(Code 1970, S 25-84)
Sec. 106-747. Coin-operated machines.
All sites for coin.-operated machines as defined in section 10-31 must be greater than 300
feet from any public or private school, any hospital or any church.
(Code 1970, S 4l/2-4(b))
Crossreference-Coin~operated machines, S 10-31 et seq.
Sec. 106-748. Swimming pools, spas, and hot tubs.
No swimming pools, spas, or hot tubs shall be erected or located in any required yard except
in accordance with the following provisions:
(1) Setbacks.
Pumps,
. Filters,
Spas/Hot Heating
Pools Tubs Decks Equipment
Separation from adjacent struc- 6' N/A N/A N/A
tures
Side setback 5' . 5' 2' 2'
Rear setback 5' 5' 2' 2'
Setback from utility easement 3' May not May not May not
encroach encroach encroach
Front setback See section See section See section See section
106-771(2) 106-771(2) 106-771(2) 106-771(2)
(2) Fences. Swimming pools, spas, and hot tubs shall be enclosed within a fence at least
four feet in height. Fences shall comply with all requirements of the currently adopted
CDI06:84
A Meeting of the La Porte
Zonin~ Board of Adjustment
(Type of Meeting)
Scheduled for
FEa 2 1 2001
P/flrtfll ....
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March 1, 2007
(Date of Meeting)
to Consider
Variance Request #V07-001
(Type of Request)
I have received notice of the above referenced public hearing.
I am in FAVOR of granting this request for the following reasons:
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I am OPPOSED to granting this request for the following reasons:
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City, State, Zip
A Meeting of the La Porte
Zonin~ Board of Adjustment
(Type of Meeting)
Scheduled for
March 1, 2007
(Date of Meeting)
FEB 2 1 Z007
PLAfVf'H{\;i I
,~< ~: 1 ., \t t,j: ;
to Consider
Variance Request #V07-001
(Type of Request)
I have received notice of the above referenced public hearing.
I am in FAVOR of granting this request for the following reasons:
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I am OPPOSED to granting this request for the following reasons:
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Name (please print)
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Address
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City, State, Zip
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A Meeting of the La Porte
FEe
9 ~
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?
Zonin~ Board of Adjustment
(Type of Meeting)
Scheduled for
March 1, 2007
(Date of Meeting)
to Consider
Variance Request #V07-001
(Type of Request)
I have received notice of the above referenced public hearing.
I am in FAVOR of granting this request for the following reasons:
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I am OPPOSED to granting this request for the following reasons:
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Signature
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Address
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City, Stale: Zip