HomeMy WebLinkAbout03-22-07 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment
MINUTES
ZONING BOARD OF ADJUSTMENT
MINUTES OF MARCH 22, 2007
Members Present:
George Maltsberger, Bob Capen, Charles Schoppe, Rod Rothermel,
Chester Pool, and Lawrence McNeal (A It. No.1)
Members Absent:
Gilbert Montemayor (Alt. No.2)
City Staff Present:
Masood Malik, City Planner; Clark Askins, Assistant City Attorney; and
Shaye Bradley, Secretary.
1. CALL TO ORDER.
Assistant City Attorney Clark Askins called the meeting to order at 6:00 p.m. Mr. Askins,
in the absence of Chairman Maltsberger, suspended the agenda to move to item #4 to
consider appointment of a Vice Chairman.
Motion by Rod Rothermel to appoint Bob Capen as Vice Chairman for the Zoning Board
of Adjustment. Second by Lawrence McNeal. Mr. Capen accepted the appointment.
The motion carried.
Ayes:
Nays:
Abstain:
Maltsberger, Rothermel, Capen, Schoppe, and McNeal
None
Pool (Mr. Pool had not been sworn in at the time of voting)
Chairman Maltsberger arrived at 6:05 pm.
2. CONSIDER APPROVAL OF THE FEBRUARY 22, AND MARCH 1,2007, MEETING
MINUTES.
Minutes of the meeting were approved as presented.
3. ADMINISTER OATH OF OFFICE TO NEWEL Y APPOINTED MEMBER CHESTER
POOL.
Item # 3 was skipped in error and the Oath of Office was administered to Chester Pool by
Chairman Maltsberger prior to the vote for item # 5.
4. CONSIDER APPOINTMENT OF A VICE-CHAIR
Bob Capen was appointed Vice Chairman.
5. CONSIDER VARIANCE REQUEST #V07-002 FOR THE PROPERTY LOCATED AT
8714 VENTURE LANE, FURTHER DESCRIBED BY THE HARRIS COUNTY
APPRAISAL DISTRICT AS LOT 4, BLOCK 18, BROOKGLEN, SECTION 3, LA
PORTE, HARRIS COUNTY, TEXAS. THE APPLICANT, AARON All, SEEKS A
VARIANCE TO ALLOW THE CARPORT BUILT WITHIN THE SIDE YARD. THIS
VAIRIANCE IS BEING SOUGHT UNDER THE TERMS OF SECTION 106-192 (b) (2)
OF THE CODE OF ORDINANCES.
Zoning Board of Adjustment
Minutes of March 22, 2007
Page 2 of3
A. STAFF PRESENTATION
Masood Malik presented the Staffs Report. The owner seeks a variance for 5' side
setback of a standard 6,363 sq. ft. lot by allowing an existing, non-permitted, carport
of 350 sq. ft. to remain in place.
Thirty-two property owners located within 200 feet of the subject tract were sent
notification of the public hearing. Two responses were received favoring the request
and one opposing the request.
B. PROPONENTS
Chairman Maltsberger swore in Mr. Aaron Ali of 8714 Venture Lane. Mr. Ali advised
the Board that it was not his intent to break any ordinances in the City of La Porte.
Mr. AIi also advised he built the carport without knowing that he needed a permit to
build. Mr. AIi asked several neighbors if they had any objections and with their
responses all being positive, he advised that he constructed the carport.
C. OPPONENTS
There were none.
Motion by Rod Rothermel to deny approval of Variance Request V#07 -002 for the
property located at 8714 Venture Lane to allow the carport built within the side yard.
Second by Charles Schoppe. The motion carried.
Ayes:
Nays:
Abstain:
Maltsberger, Rothermel, Shoppe, Pool, 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
6. ADMINISTRATIVE REPORTS
Masood Malik
· Chili's restaurant on Spencer should open for business in July 2007
· Shell Credit Union should be open for business in June 2007.
· Jack in the Box has submitted plans to open a store on the corner of
Fairmont Parkway and Underwood Road.
· The construction of the Hotel next to Taco Bell is underway.
7. BOARDS COMMENTS
There were none
8. ADJOURN
Chairman Maltsberger adjourned the meeting at 7:36 p.m.
Zoning Board of Adjustment
Minutes of March 22, 2007
Page 3 of3
Submitted by,
Sha ley
Secretary, Zoning Board 0 Adjustment
Approved on this :;;f day of
YfL1
6CU'Y"!bf:~~6err ~~
Ghairl3Cf3on, Zoning Board of Adjustment )
,2007.
~
V lC0 ChCLirpC%.soYt
#SE07 -003
SPECIAL EXCEPTION
FOR
FRONT YARD FENCE
@ 625 NORTH BROADWAY
EXHIBITS:
STAFF REPORT
APPLICATION FOR SPECIAL EXCEPTION
EXHIBIT A - AREA MAP
EXHIBIT B - SITE PLAN
EXHIBIT C - PHOTOS
EXHIBIT D - CODE OF ORDINANCES, SECTION 106-797(2)
EXHIBIT E - PUBLIC NOTICE RESPONSES
Staff Report May 24, 2007
Special Exception Request #SE 07-003
Requested by:
Fred Westergren (Owner)
Requested for:
Lots 25 thru 28, Block 327; Town of La Porte, Johnson Hunter Survey,
Abstract 35, La Porte, Harris County, Texas.
625 North Broadway
Location:
Zoninf!:
General Commercial (GC)
Back2round:
Applicant is requesting a Special Exception to erect a fence in the front yard
setback. The tract in question has a 4,000 square foot building
(office/warehouse) on lots 25 thru 28, Block 327, located along North
Broadway near Barbour's Cut Boulevard. The property is currently zoned
General Commercial (GC) and the City's Code of Ordinances prohibits a
fence being erected within the required landscape portion of any yard or the
front yard setback in the commercial zoning districts.
The site development plan for this property was approved in 2005. The
property has been developed as per approved plan, showing
office/warehouse building, nine parking spaces, and 25' wide driveway
along North Broadway. The building setbacks are Front 20' and Rear 10'.
During the planning process applicant did not desire a dumpster, which is
required for all commercial establishments per Section 58-66 of the Code of
Ordinances. Recently, the building has been leased to the pressure wash
company and dumpster is located occupying parking spaces.
The applicant has submitted a Special Exception request that asks for a
reduction in the standard front yard setback requirement in order to construct
a fence at 10' off front property line. According to the applicant, front yard
fence with a rolling gate is desired for the safe operation of the business in
this area and is required by the above tenant. The City's Code of Ordinances,
Section 106-797(2), prohibits a fence being erected within the required
landscape portion of any yard or 20' front yard setback in the commercial
zoning districts.
Staff analyzed the surrounding area and based upon site inspections and the
pictures submitted by the applicant, the following considerations are noted:
. A Cold Storage Co. (formerly P&O Cold Logistics) across the street
has existing fences in the front yard setback.
Board of Adjustment
May 24, 2007
#SE07-003
Page 2 of3
Analvsis:
. The property at 519 North Broadway has a chain link fence within
the front yard setback. In addition, there is a pre-existing and non-
conforming structure.
. The property across the street at 630 North Broadway has several
code violations and pending court cases for non-compliance with the
applicable ordinances.
. Security and safety of the businesses are at risk at this busy
intersection (North Broadway @ Barbour's Cut Boulevard).
The standard front yard setback requirement in General Commercial zoning
district is 20'. Since the application submittal includes a site plan showing
the location of a proposed fence, also includes a request for "specific" front
yard deviation. It should be noted that if the applicant's request is granted,
the ZBOA will be determining the deviated or "reduced" front yard setback
they feel is appropriate.
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 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 fence with a reduced setback in the front yard.
The issues to consider are impact on neighboring property and the best
public interest. It does not appear that granting the requested special
exception will adversely impact the adjacent or nearby properties where such
exceptions already exist, nor does it appear that granting this exception
would be contrary to the best public interest.
The issues to consider are impact on neighboring property and the best
public interest. In this case, it appears that the fence will serve to provide
safety and security to a business recently moved to this area. In addition, it
may prohibit any vandalism and loitering in the area. The intent is to provide
conducive environment for the safe operation of the businesses in the area.
Board of Adjustment
May 24, 2007
#SE07-003
Page 3 of3
Conclusion :
Appeals:
~ Section 106-191 (b) (2) (a), City's Code of ordinances states that a
special exception may be granted if "Any exception from the front
yard requirement where the actual front yard setback of any abutting
lot does not meet the front yard requirement."
The application merits review by the Board based upon the parameters set by
the Ordinance.
The Board may consider:
~ Granting the variance and allowing the fence to be constructed in the
front yard setback, reducing front yard setback from 20' to 10'.
~ Denying the variance thereby denying the construction of the front
yard fence.
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 ADJUSTMENT
SPECIAL EXCEPTION REQUEST
Application No.:
OFFICE USE ONLY: Fee: $150.00 Date Received:
Receipt No.:
Note: This Fee is Non-Refundable Regardless of the Board's Decision
Applicant:
/7z..1?7.J
w:,sfePrRe/J
Name
1: 0 . 80 X
& ICJ j~f
Address / /
PH: .1RI-'I7/--5'525
I am the owner of the herein described property. I have authorized
to act on my behalf in this matter.
Owner* :
Name
PH:
Address
I am requesting a Special Exception to Sect. of the City Zoning regulations Chapter 106
of the Code of Ordinance. /11
I am requesting this Special Exception for property located at h:? 6 . /3 k?~J4 D WI If \/
f Street Address /
2 s-- Lb'- .:J 7- .2 f f3r-. \t: -5.~ 7 To L fJ
Legal Description
/'
(J(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 N~ the owner, he must provide Anthorization to act on the zer's behalf.
i z1 /01 d~L ~~
Date App'l?cant's Signature
Office Use Only
L/-
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 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.
a) 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) Waiving or reduction of off street parking and loading requirements if the 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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WITH ALL FA UL TS, and assumes all tesponsibility for the use thereof, and further agtees to not hold the City of La Porte 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.
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ZONING
S 106-799
can be fastened commencing at a point at least seven feet above the ground, and such fence
shall not be erected within the required landscaped portion of any yard or the front yard
setback of any commercial or industrial establishment.
(
Sec. 106-798. Fencing and wall requirements for automotive wrecking, salvage
yards, junk dealers, etc.
(a) General requirement. Every automotive wrecking and salvage yard/junk dealer/scrap
metal processor yard with the city shall be completely surrounded and enclosed by a solid fence
or wall which is at least eight feet in height.
(b) Construction, maintenance of fence or wall. Every fence or wall herein shall be
constructed and maintained as follows:
(1) All fences shall be constructed of wood, masonry, corrugated sheet metal, chain link or
any combination thereof; provided, however, that anyone side of an automotive
wrecking and salvage yard/junk yard/scrap metal processing yard shall be bounded by
a fence or wall constructed of only one of the above materials.
(2) Chain link fences shall be constructed of galvanized chain link fencing with wood or
metal slats or strips run through all links of the chain link fence.
(3) All fences or walls shall extend downward to within three inches of the ground and
shall test plum and square at all times.
(4) All fences or walls shall be constructed in compliance with all applicable provisions of
the building code of the city.
(c) Use of wall, door or building as part offence or wall. Any part of a fence or wall required
by subsection (a) of this section may consist in whole or in part of a solid wall and door, or walls
and doors of any completely enclosed building on the premises, if such wall or door meets all
construction requirements set forth in this section.
(d) Gates at openings in enclosure. Openings in the prescribed enclosure which are
necessary to permit reasonable access to said automotive wrecking and salvage yards/junk
yards/scrap metal processing yards shall be equipped with a solid gate or gates, constructed
and maintained in accordance with the requirements for a fence or wall set forth in this
section. Such gates shall be closed and securely locked at all times except during normal
daytime business hours.
(Code 1970, S 123/4-14(cHf))
Sec. 106-799. Construction, maintenance of electric fences prohibited.
It shall be unlawful for any person owning or controlling any property in the city to
construct, maintain or permit to remain on such property any fence charged with electricity.
It shall further be unlawful for any person to cause any fence situated in the city to become
charged with a current of electricity, to connect any such fence with a source of electricity or
to permit any fence under the control of such person to be connected with a source of electricity.
In any prosecution under this section testimony that any fence was under the control of the
Supp. No.4
CD106:89
ZONING
S 106-797
Sec. 106-797. Property line fences in industrial districts.
Property line fences in any industrial district shall not exceed eight feet in height except
that:
(1) Fences erected along a property line in common with a residential district shall be
subject to the provisions herein described in residential district fences; and
(2) Fences in commercial and industrial zones which are primarily erected as a security
measure may have arms projecting into the applicant's property on which barbed wire
(
Supp. No.9
CDI06:88.1
tOOilBlT D
A Meeting of the La Porte
May 24,2007
(Date of Meeting)
to Consider
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Zoning Board of Adjustment
(Type of Meeting)
Scheduled for
Variance Request # SE07-oo3
(Type of Request)
I ~ received notice of the above referenced public hearing.
0'" am in FAVOR of gr:mting this request for the following reasons:
crJ ~ --tk- ScC~"",f'11 "t- -fk _ p,..f'tt-11 "'" J. 'J-- LcvK8
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No +fa OeJ.. . ~
I am OPPOSED to granting this request for the following reasons:
~'1N Ak(i
Name (please prin~
~~ v;.---
Signature
:201 8adotJfSCuf 6lv)
Address
J{utk -Ix 17'57/
Gty, State, Zip
#V07-003
VARIANCE
FOR
FENCE HEIGHT AT 10849 LINWOOD DR.
EXHIBITS:
STAFF REPORT
APPLICATION FOR VARIANCE
EXHIBIT A - AREA MAP
EXHIBIT B - PLOT PLAN
EXHIBIT C - CODE OF ORDINANCES, SECTION 106-793
EXHIBIT D - PUBLIC NOTICE RESPONSES
. j' Staff Report
May 24, 2007
Variance Request #V07-003
Requested by:
Requested for:
Location:
Zonin!!::
Back1!round:
Analvsis:
Tina & John May (Property Owners)
Lot 16, Block 29, Fairmont Park East Section 3, William M. Jones Survey, Abstract 482,
La Porte, Harris County, Texas.
10849 E. Linwood Dr.
Low Density Residential (R -1 )
The subject property is located at the northwest comer of Linwood Drive and Fleetwood
Road in the Fairmont Park East, Section 3. Per the survey, this property is 7,249 square
feet with two story brick and frame house. The primary residence has 2,117 square feet
of living area, which was built in 1992 per Harris County Appraisal District (HCAD)
record. There is a pool, spa with a wooden deck in the rear yard of the house.
Earlier, the applicant erected a side yard fence along Fleetwood Dr. over the height limit
and without obtaining a City permit. The applicant, subsequent to the City's code
enforcement violation notice, applied for variance to regulate the fence erected without
permit. As the fence is constructed in violation of Section 106-793 of the Code of
Ordinances, permit cannot be issued until the Board of Adjustment's consideration in this
matter.
Per Section 106-793, ".. . fences of not higher than six feet excluding six-inch rot board
shall be permitted within side yards and rear yards." This variance request seeks to allow
the current fence with a height of average seven feet to remain in place.
Section 1 06-192(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
Section 106-1 defmes fence as "... the manmade structural barrier erected on or around a
piece of property."
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
Zoning Board of Adjustment
May 24, 2007
#V07-003
Page 2 of3
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 the development of the property may create a problem with
adjoining properties.
A survey of surrounding properties shows that this non-compliance with the ordinance is
not typical to the neighborhood. The fence was built without City permit and stands in
violation of the City ordinance. In viewing the specific grounds for granting a variance,
Staff points out that the condition, as it exists, was the ".. .result of the applicant or
property owner's own actions..." contrary to the provisions of Section 1 06-192.
However, staff fmds some grounds to justify "... unnecessary hardship because of
exceptional narrowness, shallowness, shape topography, or other extraordinary or
exceptional physical situation unique to the property in question." Currently, this lot
does not represent a typical example of property within subdivisions throughout the City.
The ZBOA's final consideration is whether granting of this request, observes the spirit of
the ordinance. Based on the facts noted in this report, the applicant's request would be
contrary with the spirit of the ordinance, would present an open appearance, warped
condition and may promote the health, safety and welfare of the general public.
Conclusion:
Variance Request #V07-003 which seeks a variance for allowing an existing, non-
permitted, fence of seven feet in height to remain in place is contrary to the provisions
established by the code of ordinances. In addition, the parameters for the requested
variance do not appear to meet the provisions established by Section 106-192. Variance.
While recognizing the circumstances associated with the property, the Board could
consider:
· Allowing the existing fence, put in at the owner's expense, to remain in place
(variance granted) with the stipulation that the City permit is obtained at double
the normal fee as allowed by the building code for a non-permitted work.
· Allowing the owner to reduce the height of the fence (variance denied), after
obtaining the City permit at double the normal fee for a non-permitted work and
the resulting fence, again, must meet the code.
Zoning Board of Adjustment
May 24, 2007
#V07-003
Page 3 of3
Avveals: 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 ADJUSTMENT
REQUEST
Application No.:
OFFICE USE ONLY: Fee: $150.00 Date Received:
Receipt No.:
Note: This Fee is Non-Refundable Regardless of the Board's Decision
Applicant:
--~{\(L ~ ~ ~~
Name
\D'6~q Z. L\{,~ De..
Address
PH: 2~\ .'EL\2-qol~
I am the owner of the herein described property. I have authorized
to act on my behalf in this matter.
Owner"': ~.~ ~ ~'h", ~
Name
\OD,\q 2:. L\VlLO~ Ue PH: 2~ \-8-\2-QOI3
Address
I am requesting a Special Exception to Sect.
of the Code of Ordinance.
I am requesting this Special Exception for property located at
of the City Zoning regulations Chapter 106
,O~~ f. Gn~ ~
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 ofreliefl 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 Authori tio!! to a~ the Ower's behalf.
I ~~,
Applicant's Signa r
Office Use Only
Site Plan and Authorization (if applicable) attached? Yes 0 No 0
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 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.
a) 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) Waiving or reduction of off street parking and loading requirements 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 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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2
A Special Exception is a deviation 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.
a) 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) Waiving or red uction of off 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 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:
\\)\.~ ~vs.e' \OS f'- (A Ql>~e.. \O-t. l$ ',S 0. \fe-iA^)
b~ ~ \^)\\\;'\. 0- ~tOi)\ \oOS u~~. T YRvL
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~~ Cll.-u\J. ~ \t)"I6'~. DJ~ N\CP-~t \o~\~ \.-\? ~\LL ~
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3
TYPE OF RELIEF BEING SOUGHT:
.
iDt a"'Q.p )\e.~U{~~l~ Dc lA-b-llMf0 G-\ ~--U~~--t Q,e~lVY--
~.e... au ~ fu'\C-Q _ -
THE GROUNDS FOR THE REQUESTS:
CO~ \cA \0'\.~ C\. ~t>()\ 'GU"S ~+n'P'
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\jlL~~~~ ~~ W'l\~ ~~\~ ~ ch",\::t'tL.QJf\ ~\~
to~ \.~ -\:I::,O-U:..L~S '*""-t If'D"\. Y(\~ ~\(~C-- ~
\k ~~ \ '::, -\J, y\c...u Q.\/-y), \ bO~ \i~ V<\c..Jl,
\I~ D'vJ(\b'/--1<OU S De... e\..\e. j~
.
S:\CPShare\INSPECTION DIVISION\Standard Forms\ZONING SPECIAL REQUEST.doc REVISION 10/21/03 RYC
LINWOOD CT
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Legend
o Property lines
--- Drainage Channels
Raillines
I{; City limits
Disclaimer: The City of La Porte makes no representation or warranty as to the accuracy of this map and ffs information nor to ffs fffness for use. Any user of this map product accepts the same AS IS,
WITH ALL FAULTS, and assumes all responsibilffy for the use thereof, and further agrees to not hold the City of La Porte liable from any damage, loss, orliabilffy 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 Fairmon! Parkway
La Porte, TX 77571
(281) 471-5020
www/aportetx.gov
La Porte GIS Mapping
1 "equals 35 '
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VoL 153, Pg, 1 H. C. M. R.
Lot 17
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Linwood Drive
(60.0; R.O. W.)
Notes :
Basis for Bearings: North R.o. W of Linwood Drive
Distances shown ore ground distances
All abstracting done by title company
All B.L. 's & U.E. 's token from recorded plot unless otherwise noted
All fences ore 6' wood unless otherwise noted.
H.L.&P. Agmt. H.C.C.F.N. J564572
H.L.&P. Esmt. H.C.C.F.N. K786444
Party Wall Agmt. H.C.CI.N. 'J493739
I hereby certify that this survey was mode on the ground under
Frame Building
On Blocks
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This property appears to be out of
the 100 year flood plain, &
in insurance rote mop zone X,
os per mop 48201 C0945J
Dated 11-6-96
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S 106-773
LA PORTE CODE
(2) Construction and landscaping material currently 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.
DNISION 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.
Supp. No.9
CD106:88
(
(
~11ilT. C
FROM Assurance One o~ Texas.LLC
(WED)NAY 23 2007 la:27/ST. la:27/No.7S203302Sa P 1
AMeeting of the La Porte
Zouio,t Board of Ad- tment
(Type of~
Scheduled for
to Consider
May 24, 2007
(Date of M'eeting)
Variance Request fI V07-oo3
(Type of Request)
I have received notice of tile above referenced public hearing.
~ in. FAVOR of granting this ~uest for tile following reasons: f~
~ J/YJA.Je- Q ~Wc,/)1 n1 in 1 pOD J ~ ::r.fe.rU... a-
~1l_1"JlI~ mOY~ P(tv~ ~ ~ <)OeuA~t.
I am OPPOSED to gr:mtiDg this request forthe following reasons:
(ui e(W~
Name (please print) .
JL/~~
Signature
/Oc;OOS/Jr~ IJy s.
taJt::k. 7Z77S7 J
Oty, State, Zip
RECEIVED
A Meeting of the La Porte
MAY 2 3 Z007
Zo~ Board of Adjus1ment
(Type of Meeting)
Scheduled for
PLANNING DEPT
May 24t 2007
(Date of Meeting)
to Consider
Variance Request /I SE07-oo,3
(Type of Request)
I have received notice of the above referenced public hearing.
r~ gr.wting tIUs request for the following reasons:
I :Un OPPOSED to granting this request for the following reasons:
If ! L)( / ~ ~ S't-r l..-h,
Name (pler~t)
CUj~ ~
Signature
bO 6 ~~
Address
~~ ~~,7A 77f7/
Gty, State, Zip
AMeeting of the La Porte
ZoninR Board of Adjustment
(Type of Meeting)
Scheduled for
May 24,2007
(Date of Meeting)
to Gmsider
MAY? 1 2007
Variance ReQuest#V07-003
(Type of Request)
I have received notice of the above referenced public hearing.
I am in FAVOR of g.rnnting this request for the following reasons:
Y6 r 5eel,.,,;, ~ ff<.,' ,jQ'&-4"
Lv;CL iJv"T I1r~e--c..-1 Yt<..A +)\=\e-.- olf' '5/:)<2- LUoJ /( 4e...tJe55
U)/L! -::;-;-1)( f'9 of Ie. f~~;('1J Nq 0 {J~ {!eAJc,e. 041 Le /1;0/
t:~ P~~;A \~ Uvs~cL. ~I{' b R~",n-~~ - b-('en_J rdeQ., (
I am OPPOSED to g.rnnting this request for the following reasons:
JDhJ A "k-1fla,/1
9L. ::?=~rint) /..-::'..../
/ t~P
loR: c;,~ L j ^ J fA)ln> J.
Address
M-JRrTe- TX~ "770'71
City, State, Zip
FROM Assurance One o~ Texas~LLC
(WEO)MAY 23 2007 18:27/ST.18:27/No.7~203302e8 P 1
AMeeting of the La Porte
~ Board of Ad. tment
(Type of Me::)
Scheduled for
MAY 2 i> 2.007
May 24, 2007
(Date of Meeting)
to Consider
Valiance Request f/ VOl-003
(Type of Request)
I have received notice of the above referenced public hearing.
~ in, FAVOR of granting this ~uest for the following reasons: +~
~ huJe. Q ~WL-1l1trlirt1 pODl ~ :r ~a-
-.kntil_ 'a"J V~<"\ fYlfJ-(fl- PfjV4 ~ .. <)oeuA~f ·
I am OPPOSED to grmting this request forthe following reasom:
..
(U; 8{WlAI\
Name (please prim) .
JJJJ..fAwt.1.-
Signature
/ DC; 00 .JiJrllf:L /)y S..
r.o.Jtlk. 7Z 7 757 }
Gty, State, Zip
R". f- r..'" EIVI!: n
.tv !. L....,
A Meeting of the La Porte
I.t fN ? 3 2iln7
Y;:-,\1 iJ '" v_
Zo~ Board of Adjustment
(Type of Meeting)
Scheduled for
PLANNING DEPI
May 24,2007
(Date of Meeting)
to Consider
Variance Request it SE07-oo3.
(Type of Request)
I have received notice of the above referenced public hearing.
~~ granting tills request fortbe followmg reasons,
I am OPPOSED to gr.mting this request for the following reasons:
1/ ! L)( I ~ ~ S'-t-r l...h,
Name (pler~t.))
OL;~ ~
Signature
to 6 ~~~
Address
~~ ~~/7A 77S7/
City, State, Zip
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