HomeMy WebLinkAbout05-24-07 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment
MINUTES
Staff Report June 28, 2007
Special Exception Request #SE 07-004
Reauested by:
Wycoff Construction Inc. on behalf of Process Products (puffer Sweiven),
Property Owner
Reauested for:
Lots 17 thru 21, Block 76; Town of La Porte, Johnson Hunter Survey,
Abstract 35, La Porte, Harris County, Texas.
Location:
301 North 8th Street
Zonine::
General Commercial (GC)
Backe:round:
Applicant is requesting a Special Exception to erect a fence in the front yard
setback. Total area of the tract in question is 15,625 square foot (0.35 ac.)
described as lots 17 thru 21, Block 76, located at 301 North 8th Street and
West Adams Street. The property is currently zoned General Commercial
(GC) and the City's Code of Ordinances prohibits a fence being erected
within the required front yard setback of the commercial zoning districts.
Earlier, the applicant requested a Special Conditional Use Permit (SCUP) for
the purpose of allowing construction of an off-site parking lot for use by
Process Products. Off-site parking is classified as a conditional use per
Section 106-441, Table A, Commercial Uses of the Code of Ordinances
(Chapter 106).
City Council approved Special Conditional Use Permit #SCU07-003 at the
April 9, 2007, meeting with the following conditions:
1. SCU#07 -003 is specifically limited to the off-site parking.
2. Off-site parking shall comply with all parking standards.
3. Screening and/or landscaping of parking lot shall be required in
accordance with Section.106-444(a) of the Code of Ordinances.
4. All lighting in the parking lot shall be hooded and arranged to deflect
light away from the adjoining properties in compliance with Section
106-521(a).
5. The Developer shall comply with all applicable laws and ordinances of
the City and the State of Texas.
Subsequently, the City approved a development site plan for this property.
The development site plan shows twenty five parking spaces with
landscaping around the perimeter boundary and driveway off North 8th
Street. The building setbacks in GC zone are Front 20', Rear 10', and Side
10' (adjacent to public right-of-way). During the planning process, the
applicant did not propose a fence for this property.
Board of Adjustment
June 28, 2007
#SE07-004
Page 2 of3
Analvsis:
This Special Exception request is for a waiver of the standard front yard
setback requirement in order to construct a fence around the perimeter
boundary of the property. According to the applicant, a front yard fence with
a rolling gate is desired for security and safety reasons. The City's Code of
Ordinances, Section 106-797(2), prohibits a fence being erected within the
required 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 storage/warehouse building at 816 W. Polk Street has an existing
ili .
fence along N. 8 Street.
. The property at 310 North 8ili Street has a chain link fence within the
front yard setback.
The standard front yard setback requirement in the General Commercial
zoning district is 20'. The application submittal includes a site plan showing
the location of the proposed fence along with request for "specific" front
yard deviation. It should be noted that if the 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 defmes 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 within the front yard setback.
Board of Adjustment
June 28, 2007
#SE07-004
Page 3 of3
Conclusion :
Appeals:
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. In this case, it appears that the
fence will serve to provide safety and security of the proposed parking lot for
the employees and visitors of Process Products at 227 North 8th Street.
~ Section 106-191 (b) (2) (a), of the 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 exception and allowing the fence to be constructed in
the front yard setback.
~ 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.: 'S t.i 01 - 004
OFFICE USE ONLY: Fee: $150.00 Date Received: < \00e ~ ~CU l'
Receipt No.: q q s \ "
Note: This Fee is Non-Refundable Regardless of the Board's Decision
Applicant:
W yto-t.,f CO\t$>hlJehiM,
Name
\/0 ~ lD54
Address
PH: 2<6' j- 33'1 - Y Y"7 Z-
I am the owner of the herein described property. I have authorized lIJ'tIcoFF (ctl\ls.1l2.-Vc..11~ (T€,(2.f.i LEe'!)
to act on my behalf in this matter.
Owner* :
~^~'j
1.-;-;~~
Name
~
P t....f'+e.r ~..,-, e. t~ ,,~ Prtlp Itr f-t-c..s
7. 7. 7 ~. '6 -It... 5-/-/
.
Address
it/( f.rk -& 77S11 PH:
~
-z..~/- f'Yt.. - '~I
I am requesting a Special Exception to Sect. of the City Zoning regulations Chapter 106
of the Code of Ordinance. .vh
I am requesting this Special Exception for property located at 30 I Nd(2..J~ 8'
Stn:eJ Address [")
[0 f- /7 - ;1./ 7 (p TZw\'\. dilL{ ~t\.- k Va I vAlL ~3 y~ -3 Ltr-
Legal Descriptio~ (' ~ I I ,.. I 3
~u r I \Ji1O&~~cr- S-
Minor Development Site Plan
( ) General Plan
( ) Site Plan
( ) Major Development Site 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 ofreliefl am seeking (setbacks, lot coverage, etc.).
c) The grounds upon which I am making this request.
* If applicant is NOT the owner, he !!!!!!! provide Authorization to act on
Office Use Only
l, ~ ).- ()7
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:
"'1':.'_'-_; "
JUN 0 1 2007
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 req uirements if existing front yard setbacks on a block are
not uniform.
3) Waiving 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.
Ifthere 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 TillS MATTER:
<, L '" 1:.,; V t.. U
JUN 0 1 2007
ZONING BOARD OF ADJUSTMENT
MINUTES OF MAY 24, 2007
Members Present:
Bob Capen, Rod Rothermel, Chester Pool, Lawrence McNeal (Art. No.1), and
Gilbert Montemayor (Alt. No.2)
Members Absent:
George Maltsberger, Charles Schoppe
Masood Malik, City Planner; Clark Askins, Assistant City Attorney; and Peggy
Lee, Secretary
City Staff Present:
1. CALL TO ORDER.
Vice-Chairman Bob Capen called the meeting to order at 6:00 p.m.
2. CONSIDER APPROVAL OF THE MARCH 22, 2007, MEETING MINUTES.
Motion by Chester Pool to approve the minutes of the March 22, 2007, meeting. Second by
Gilbert Montemayor. The motion carried.
Ayes:
Nays:
Abstain:
Rothermel, Pool, McNeal, Montemayor, and Capen
None
None
3. CONSIDER SPECIAL EXCEPTION REQUEST #SE07-003 FOR THE PROPERTY LOCATED
AT 625 NORTH BROADWAY, FURTHER DESCRIBED BY THE HARRIS COUNTY
APPRAISAL DISTRICT AS LOTS 25-28, BLOCK 327, TOWN OF LA PORTE, HARRIS
COUNTY, TEXAS. FRED WESTERGREN, THE PROPERTY OWNER, SEEKS A SPECIAL
EXCEPTION FOR ERECTING A FENCE IN THE FRONT YARD. 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. Property owner, Fred Westergren, has requested a .
special exception to erect a 6' high fence, 10' off the front property line within the required 20'
front yard setback area of the property located at 625 North Broadway, near Barbour's Cut
Blvd.
Eight property owners located within 200 feet of the subject tract were sent notification of the
public hearing. The City received two responses favoring approval of the request.
B. PROPONENTS
Vice-Chairman Capen swore in Fred Westergren. Mr. Westergren stated that fence
placement without the exception would cause a loss of two parking spaces. There will be an
electric rolling gate in the front. The proposed fence will have three strands of barbed wire at
the top, slanting inward. Mr. Westergren added that the front landscaping will be properly
irrigated, and an enclosure for the dumpster has been completed.
C. OPPONENTS
There were none.
Zoning Board of Adjustment
Minutes of May 24, 2007
Page 2 of3
Motion by Rod Rothermel to approve Special Exception #SE07 -003 allowing installation of a
fence 10' off the front property line within the front yard setback area of the property located at
625 North Broadway, near Barbour's Cut Blvd.
Second by Lawrence McNeal. The motion carried.
Ayes:
Nays:
Abstain:
Rothermel, Pool, McNeal, Montemayor, and Capen
None
None
Assistant City Attorney, Clark Askins, read aloud from Section 106-196 of the Code of
Ordinances, which addresses Appeals.
4. CONSIDER VARIANCE REQUEST #V07-003 FOR THE PROPERTY LOCATED AT 10849
LINWOOD DRIVE, FURTHER DESCRIBED BY THE HARRIS COUNTY APPRAISAL DISTRICT
AS LOT 16, BLOCK 29, FAIRMONT PARK EAST, SECTION 3, LA PORTE, HARRIS COUNTY,
TEXAS. TINA AND JOHN MAY, THE PROPERTY OWNERS, SEEK A VARIANCE TO ALLOW
THE SIDEY ARD FENCE OVER THE HEIGHT LIMITS. THIS VARIANCE IS BEING SOUGHT
UNDER THE TERMS OF SECTION 106-192(b)(2) OF THE CODE OF ORDINANCES.
A. STAFF PRESENTATION
Masood Malik presented Staffs Report. Property owners, Tina and John May, have
requested a variance to allow an existing, non-permitted, 7' high fence to remain in place
on their property located at 10849 Linwood Drive.
Notification of the public hearing was sent to 34 property owners located within 200 feet
of the subject tract. The City received two responses favoring approval of the request.
B. PROPONENTS
Vice-Chairman Capen swore in Tina May, of 10849 E. Linwood Dr. Ms. May informed
the Board she was unaware a permit was required to replace an existing fence, nor did
she realize there was a height restriction for fences. Due to erosion, two rot boards were
used, which resulted in the fence being taller.
Vice-Chairman Capen swore in John May, of 10849 E. Linwood Dr. Mr. May concurred
with the information provided by Ms. May.
C. OPPONENTS
There were none.
Motion by Rod Rothermel to approve Variance V#07-003 allowing an existing, non-permitted, 7'
high fence to remain in place on the property located at 10849 Linwood Drive with the stipulation
that a permit be obtained at double the normal fee as allowed by the building code for non-
permitted work.
Second by Gilbert Montemayor. The motion carried.
Ayes:
Nays:
Abstain:
Rothermel, McNeal, Montemayor, and Capen
Pool
None
Zoning Board of Adjustment
Minutes of May 24,2007
Page 3 00
Assistant City Attorney, Clark Askins, read aloud from Section 106-196 of the Code of
Ordinances, which addresses Appeals.
5. ADMINISTRATIVE REPORTS
Mr. Malik provided a brief update on the following developments:
· Tracts being cleared near the golf course for Retreat at Bay Forest North and South.
· Tracts being cleared for The Lakes at Fairmont Greens, Section 9 at the northeast corner of
McCabe and SH 146. Upon completion, Section 1 will begin. When all construction has
been completed, there will be approximately 450 new homes.
Mr. Montemayor inquired about the vacant apartment building located at 200 Garfield. Mr. Askins
provided an update on the settlement agreement recently approved by City Council.
6. BOARD COMMENTS
There were none
7. ADJOURN
Motion by Mr. McNeal to adjourn. Second by Mr. Rothermel.
The meeting adjourned at 6:33 p.m.
Submitted by,
~
Secretary, Zoning Board of Adjustment
Approved on this H day of
~
,2007.
,
George Maltsberger
Chairperson, Zoning Board of Adjustment
#SE07 -004
SPECIAL EXCEPTION
FOR
FRONT YARD FENCE
@ 301 NORTH 8TH STREET
EXHIBITS:
STAFF REPORT
APPLICATION FOR SPECIAL EXCEPTION
EXHIBIT A - AREA MAP
EXHIBIT B - SITE PLAN
EXHIBIT C - CODE OF ORDINANCES, SECTION 106-797(2)
EXHIBIT D - PUBLIC NOTICE RESPONSES
3
TYPE OF RELIEF BEING SOUGHT:
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30' r\Jo.a.-\-k gt\-\ ~~ OJ{~ vl.4v'~"K4 OQ.f,,~ fD'
buv\CJ o..NJ. 4~il ~~~ -rk kL~ ~
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THE GROUNDS FOR THE REQUESTS:
S:\CPShare\JNSPECTION DMSION\StaDdanl Forms\ZONlNG SPECIAL REQUEST.doc REVISION 10/21/03 RYC \. ; _ L I J EO
JUN () 12007
ZONING BOARD OF ADJUSTMENT
SPECIAL EXCEPTION CHECKLIST
(As of July 14, 2004)
Applicable Category: _Reconstruct building in a non-conforming use?
_Enlarge building in a non-conforming use?
_Extend building in a non-conforming use?
Does the reconstruction, enlargement or extension prevent the property from returning to
a conforming use? NO YES (Stop, Special Exception not authorized.)
Applicable Category: ./" Exception from Front Yard setback requirement? F"SI\1'-c
_Exception from a Rear Yard setback requirement?
_Exception from a Yard setback requirement on comer lot?
Does the Front Yard exception result from the actual Front Yard setback of any abutting
lot not meeting the front yard requirement or when existing Front Yard setbacks of the
various lots in the same block are not uniform? YES./' NO (Stop,
Special Exception not authorized).
Does the Rear Yard exception result from the actual rear yard setback of any four of more
lots in the same block not meeting the requirement? YES NO (Stop,
Special Exception not authorized).
Applicable Category: _ Waive or Reduce off-street parking.
Is the amount of off-street parking necessary for the proposed use?
YES (Stop, Special Exception not authorized)
NO
The written application and fee ($150) with sketch plan (drawn to scale), survey, site
plan and/or plat is due the last Friday of every month for the Board meeting the 4th
Thursday of the subsequent month. Application must be complete with supporting
documentation and any additional submittals (e.g. photos, letters, etc).
Application must be posted in the newspaper no later than lO-days prior to the meeting of
the Zoning Board of Adjustment. Additionally, submission requires a public mail-out to
all property owners within 200' of the site of the proposed exception.
The session will be posted in accordance with the open meetings act.
, ", .. .. . .
~ L '-_ L ~ \P(. '....
JUN 0 1 2007
CITY OF LA PORTE
604 West Fairmont Parkway
La Porte, Texas 77571
CITY OF LA PORTE
GIS MAPPING
9
1 inch equals 90.47 feet
~'" 11
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
CD106:88.1
8't.'r . '!.
~I_r:,' C
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) ofthis 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(cHt))
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
'.
#SE07 -005
SPECIAL EXCEPTION
FOR
REAR YAR SETBACK
@9102 SPENCER HIGHWAY
EXHIBITS:
STAFF REPORT
APPLICATION FOR SPECIAL EXCEPTION
EXHIBIT A - AREA MAP
EXHIBIT B - SITE PLAN
EXHIBIT C - CODE OF ORDINANCES, SECTION 106-443,
TABLE B, COMMERCIAL AREA REQUIREMENTS
EXHIBIT D - PUBLIC NOTICE RESPONSES
Staff Report June 28, 2007
Special Exception Request #SE07-005
ReQuested by:
ReQuested for:
Location:
Zonin2::
Back2:round:
Troy Tankersley, owner's agent
Lot 5-6; Block 1; Spencer Highway Estates
9102 Spencer Highway
General Commercial (GC)
The property in question was recently zoned from Low-Density Residential
(R-1) to General Commercial (GC). The applicant also owns the property on
lots 2 thru 4, block 1, Spencer Highway Estates facing Spencer Highway,
zoned General Commercial. Previously, the applicant submitted a request
for rezoning of the lots 5 and 6 from Low-Density Residential (R-1) to
General Commercial (GC). The Planning and Zoning Commission, at the
April 19, 2007, meeting recommended City Council approval of the
rezone request based on the fact that the subject site would be better served
by the proposed rezone, and would blend into an existing use of the property.
In addition, the applicant's existing business is adjacent to this property
along Spencer Highway.
City Council at the May 21, 2007, meeting approved the rezone request. The
tract in question is occupied by a pre-existing non-conforming structure and
storage used as special trade contractor's office. The applicant constructed a
50'x 50'(2,500 sq.ft.) building addition to the south of an existing one story
metal building (7,500 sq.ft.). After further review, staff found no building
permit was issued for an additional building. It was also identified that the
building addition does not comply with the standard rear yard setback of
10', resulting in a nonconforming structure encroaching 17" into the rear
yard building setback.
The applicant stated that the building was added to create much needed
storage space. In fact, storage area is needed to take outdoor equipment
off the front yard and keep it in a proper place. Therefore, the applicant is
requesting the Zoning Board of Adjustment (ZBOA) consider reducing the
City's standard ten foot (10') rear yard setback requirement to permit the
new addition.
The applicant wishes to keep the property in proper shape and business
friendly by obtaining a city building permit; however, staff is unable to
issue a permit based on the conflict with the zoning regulations. Removal
Board of Adjustment
June 28, 2007
#SE 07-005
Page 2 of2
<,
Analvsis:
Conclusion:
Appeals:
of a non-compliant addition would cause unnecessary financial burden and
material loss to the whole building. There is a ditch and street behind lots
5&6 and a drainage channel to the west side, making it a corner lot.
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.
In the City's Code of Ordinances, Section 106-262 addresses nonconforming
structures. In the case being considered, paragraph (g) would apply to the
applicant's request because an enlargement of a nonconforming structure
cannot occur unless the Board of Adjustment determines such enlargement
will not result in an increase in the degree of nonconformity with the
regulations and development standards of the district in which it is located.
Should the Board grant Special Exception #SE07-005, 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) at double the normal fee as allowed by the
building code for non-permitted work.
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
07- (J05
6 - b - 07
/ t'J{) ~~oS
Applicant:
Tro~
Tonke(SIL~
Name
qlOl SprnUf Hwu, J L,f). fortt
Addr~s
I am the owner of the herein described property. I have authorized T (011 lD..n ker<\. I ~
to act on my behalf in this matter. ~
PH: Z gt ~ q 30-0lXf 2..
Owner" :
Petfo . fh em Re~ c( 01\ on
Name 11~11
qloz Sptn (lif H[)i~"; L,/L forte1T1 PH: Z~J ~q30-00Z.
Address
I am requesting a Special Exception to Sect. -'00- I
of the Code of Ordinance.
I am req uesting this Special Exception for property located at
of the City Zoning regulations Chapter 106
Lot 5
,<)pen cer
H lJ.[0I. Estate,s
Legal Description
q 1l)2 Sf (' (l ('j (
Stree Address
( ) Site Plan
( ) Major Development Site Plan
( ) Minor Development Site Plan
( ) General Plan
A Site Plan of the property is attached. Also, I have listed the information requested below on the
following pages of this form.
a) All facts concerning the matter that has led up to this request.
b) The type of relief! am seeking (setbacks, lot coverage, etc.).
c) The grounds upon which I am making this request.
.. If applicant is NOT the owner, he must provide Authorization to act 0 ' behalf.
\Juoe G, 1J)Dl
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 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 req uirements under the following circumstances.
a) Exceptions to front yard req uirements 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 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.
FACTS RELEVANT TO THIS MATTER:
CUI f1 cI cL/hon
and ~j fYll st-oJ<-e
t(J iro h es pCL6t
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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
CITY OF LA PORTE
604 West Fairmont Parkway
La Porte, Texas 77571
CITY OF LA PORTE
GIS MAPPING
6)
1 inch equals 85.14 feet
..;XHlalT A
ZONING
~ 106-443
Sec. 106-443. Table B, commercial area requirements.
(a) Table B, Commercial area requirements.
Adjacent to -
Residential
Minimum Minimum Minimum
Landscap- Yard Yard
ing Maximum Setbacks Setback Maximum Bldg. De-
Required Lot RR.S. RR.S. Height sign Stan-
Uses 5 Coverage 1,3,4,6,7 2,6 (feetY dardsB
R-3 uses (permitted) except residential 6% Density Intensity Regulations Specified in Table
single-family, detached and special lot, B, area requirements, section 106-333
duplexes, quadruplexes, townhouses,
and multifamily
CR Comm. Recreation Dist.; all permit-
ted or conditional
NC Neighborhood Comm.; all permit- 6% 50% 20-10-0 20-10-10 N/A
ted or conditional
GC General Comm.; all permitted or 6% 40% 20-10-0 20-20-10 N/A 100% ma-
conditional sonry8
Outside sales or services N/A N/A 5-5-5 Same as N/A
principle
use
Outside storage N/A N/A 20-10-5 Same as See section
principal 106-444(b)
use
Freestanding on-premises signs See article VII of this chapter
Freestanding on-premises signs located See article VII of this chapter
in controlled access highway corridors
Main Street 6% 60% *-20-5 *-0-0 TED
Main Street Overlay N/A 80% 0-20-0 N/A TED
(b) Footnotes to Table B.
1
A minimum landscape setback of 20 feet will be required adjacent to all designated
conservation areas, Buildings, parking areas, loading docks, outside storage, and
refuse containers will not be allowed in such setback areas. A planting plan is required
to be submitted and approved by the enforcing officer. These areas are to be landscaped
with trees, shrubs, and groundcover. Required landscaping must be maintained by the
property owner and/or occupant.
2
Screening is required in conformance with section 106-444(a).
3
All yards adjacent to public right-of-way must be a minimum of ten feet.
4
The minimum setback adjacent to any utility easement shall be three feet.
5
See article V, division 4 of this chapter for additional requirements.
Supp. No. 15
CD106:61
~HI"tT C
#V07-004
VARIANCE
FOR
DET ACHED GARAGE IN THE SIDE YARD
AT 941 OAK GROVE
EXHIBITS:
STAFF REPORT
APPLICATION FOR VARIANCE
EXHIBIT A - AREA MAP
EXHIBIT B - PLOT PLAN
EXHIBIT C - CODE OF ORDINANCES, SECTION 106-
741(c)
EXHIBIT D - PUBLIC NOTICE RESPONSES
Staff Report
June 28,2007
Variance Request #V07-004
Requested by:
Requested for:
Location:
Zonim~:
Back2round:
Vincent Heims
Lot 12 & E. lIz of Lot 11; Oak Grove and
Tract 7; Abstract No. 35, J. Hunter Survey
941 Oak Grove Avenue
Low Density Residential (R-l) and Mid-Density Residential (R-2)
According to the City's current zoning map, the property in question is located within
two zoning classifications. The portion of land located within the Oak Grove Block is
zoned as Low Density Residential (R-l) while the tract located in the J. Hunter Survey is
zoned as Medium Density Residential (R-2). The construction of a single-family
dwelling is a "permitted" use in each zone.
This is a difficult property to work with given a 20' sanitary and storm sewer easement in
between these tracts, high bank, and conservation easement in the rear yard. In the past,
several exceptions and/or variances have been granted for this property. The requests
were based on the desire to build a single-family house on the property. Due to the
property size and physical characteristics associated with the subject tract, it may be very
difficult to build a home without consideration of variances and special exceptions. The
chronology is as follow:
Special Exception #SE03-003
· The standard front yard setback shall be reduced from twenty-five feet (25') to
twelve feet (12 ').
· Owner/Surveyor shall provide Staff with required metes and bounds description,
information necessary to prepare, execute, and record a common (estimated 20')
easement for the existing storm sewer and sanitary sewer utilities currently located
on the site. The final width shall be dependent on the information (utility line sizes)
provided by the surveyor.
· The easement line closest to the house shall be no closer than three feet (3') from the
approved building site granted by the Board.
Variance #V03-002
· The standard rear yard setback shall be reduced from fifteen feet (15') to ten feet
Zoning Board of Adjustment
June 28, 2007
#V 07-004
Page 2 of4
(10') and the standard conservation area setback shall be reduced from twenty feet
(20') to ten feet (10'). This allows a combined 10' rear yard/conservation area
setback (building) line from the water's edge.
· Provide written authorization from the Army Corp of Engineers stating the project
does not require any permitting from the ACE (i.e. Section 10, Waters).
· Once the building footprint, along with "mean sea level" is shown on the survey,
provide written authorization from the Texas General Land Office stating the
project, as proposed, does not require any permitting from them.
Special Exception #SE04-00 1
· Reduced setback shall not conflict with the maintenance of public utilities located
within the property.
· A utility easement shall be granted to the City.
· In-ground piles and/or supports shall 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.
However, after reviewing the above decisions, the previous owner found that it would be
impossible to build a home and the deck as desired. Subsequently, the property was sold
to the current owner. Last year, the applicant requested the Board consider granting a
Special Exception for the entire property for reduction in the standard front yard setback
requirement in order to construct a single-family dwelling, swimming pool, and detached
garage. Unfortunately, due to the designated conservation area and narrow depth of the
property, the yard setback reduction previously granted is insufficient for construction of
a home and detached garage.
The Board approved Special Exception #SE06-007, which reduces the standard front
yard setback from 25' to 10'. The proposed house will be over 1,000 sq. ft. in floor area
and 10' front setback along the Bayshore Drive and Oak Grove Avenue as well. The
proposed house dimensions are 35'x 60' with a detached garage and 5' side yard setback
(see plot plan).
Now, the applicant has submitted a variance request, which asks for permission to build a
detached garage in the side yard. Section 106-741 (c) prohibits placement of a detached
private garage in the side yard when it abuts public street right-of-way. While
considering this request, the Board may consider the entire property (home, pool, garage)
to make the proposed project "viable."
Zoning Board of Adjustment
June 28, 2007
#V 07-004
Page 3 of4
In accordance with Section 106-1 92(b)(2)(b), the applicant is asking the ZBOA to grant
relief to the "unnecessary hardship" resulting from the shallowness, creek and
conservation area unique to this property.
Analysis:
Section 1 06-192(b)(1), in the Code of Ordinances, defines a variance as a deviation from
the literal provisions of the chapter, which is granted by the Board when strict
conformity to the chapter would cause an unnecessary hardship because of the
circumstances unique to the property on which the variance is granted.
Except as otherwise prohibited, the Board is empowered to authorize a variance from a
requirement when the Board finds that all of the following conditions have been met.
.:. That the granting of the variance will not be contrary to the best public interest.
.:. That literal enforcement of the chapter will result in unnecessary hardship because of
exceptional narrowness, shallowness, shape, topography or other extraordinary or
exceptional physical situation unique to the specific piece of property in question.
"Unnecessary hardship" shall mean physical hardship relating to the property itself as
distinguished from a hardship relating to convenience, fmancial 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 general public,
Staff recognizes that the development of the property should not create a problem with
adjoining properties, e.g. Seabreeze Park and parking lot, block view of the bay, and the
Electrical Company's clearance.
When looking at the second condition, Staff recognizes that the property may meet the
physical hardship test. Literal enforcement of current regulations would render the site
"unbuildable." As previously noted in this report, relief from the standard front yard
setback was granted separately (under a special exception request); therefore, only the
side yard issue is discussed in this report. If approved, this variance will allow a detached
garage in the side yard setback when adjacent to a public right-of-way.
As shown on the attached site plan, an angling creek located at the rear of the property,
determines the location of the designated conservation area. That location in turn
determines where the standard 20' conservation setback area is located on the property.
. Zoning Board of Adjustment
June 28, 2007
'. #V 07-004
Page 4 of 4
The ZBOA's fmal consideration is whether granting this request observes the spirit of the
ordinance. Based on the facts noted in this report, the applicant's request could be
considered reasonable if within the spirit of the ordinance.
Staff suggests any approval be subject to review/ approval by staff for:
· Permit by the Army Corp of Engineers for development in vicinity of Section 10
(Waters), should the development enter land under their jurisdiction.
. Provide a written authorization from the Electric Co.
Conclusion:
In January 2007, the Zoning Board of Adjustment reviewed the plot plan and awarded
Special Exception #SE06-007 for a reduced front yard setback. As part of that process,
the Board noted the proposed garage without further comment. As a point of law,
however, the Board must also grant a variance in this case to allow a garage to be built in
a side yard setback when adjacent to a public right-of-way.
While recognizing the circumstances associated with the property, the Board could
consider:
· Allowing a detached garage to be located in the side yard abutting public street
right-of-way, prohibited by ordinance, to accommodate intended plan (variance
granted).
· Deny the variance for the detached garage to be located within the side yard.
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 ADJUSTMENT
V ARlANCE REQUEST
Application No.: ---1/'rJ 7 - 0 {} LJ
-.OFFICE USE ONLY: Fee: $150.00 Date Received: f, ~R-07
Receipt No.: I 0 4.t1 n
Note: This Fee is Non-Refundable Regardless of the Board's Decision · ,
Applicant:
\Z;r-p JttI rt I H:;
Na e
, ~
(/)/4-S. ,<:;IJI1At2,j)R~ fJA&!AN'lJ)tX/7504
Address
2g/"513-rJJ~
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. lOt:, 74/ of the City Zoning regulations Chapter 106 of the
Code of Ordinance. ~ a ~
I am requesting this variance for property located at t.f: ~ ~.f:
in .E j ~ Street Ad4Jess 1i.i 7
r /CI/ f;z OF/.. Or 11, &. (OJj;z;rj 5Ifr:fF:- 1Ji~ K ~N/) C1'
Lega 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.
il r/ 07
{ Date Applicant's Signature
Office Use Only
Site Pl:1D ~nd Authorization (if applicable) attached? Yes () No ()
Date transmitted to the Board of Adjustments:
Meetir,g 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.
Please 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.
3
TYPE OF RELIEF BEING SOUGHT:
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WITH ALL FAULTS, and assumes all responsibility for the use thereof, and further agrees 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.
City of La Porte
604 W Fairmont Parkway
La Porte, TX 77571
(281) 471-5020
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S 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 in side yards, provided:
a. It complies with all the requirements of this section;
b. It shall be five feet or more from side lot lines; 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 15 feet in height, shall be
three feet or more from all 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. Detached garages located in rear yards of corner lots 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 feet in height, or the height of the
principal structure, whichever is less.
(e) Floor area.
(1) Generally. No accessory building, or carport garage for single-family dwellings shall
occupy more than 25 percent of a rear yard, nor exceed 1,000 square feet of floor area.
(2) Large lot residential only. Accessory buildings in single-family residential large lots
may not exceed 2,000 square feet offloor 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.
(1) 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.
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A Meeting of the La Porte
Zoning Board of Adjustment
(Type of Meeting)
Scheduled for
June 28, 2007
(Date of Meeting)
to Consider
Variance Request #V07-004
(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:
I am OPPOSED to granting this request for the following reasons:
Address
Name (please print)
City, State, Zip
Signature
A Meeting of the La Porte
CEIVED
Zoning Board of Adjustment
(Type of Meeting)
F' ""'.f
11
n 2007
Scheduled for
June 28, 2007
(Date of Meeting)
to Consider
Variance Request #V07-004
(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:
~~ ~i/ ,d.~1-1 . <~ .r;~ t
/
t
I am OPPOSED to granting this request for the following reasons:
~4ta #Z11f-
Name (please print)
'&II~ 1#~
tpature
73~7 ./i/~ ~k/pc/
Address
~~.7 X 770/7
r City: State, Zip
#A07-001
APPEAL OF THE ENFORCEMENT
OFFICER'S DECISION
FOR
GARAGE APARTMENT
@ 418 VIRGINIA AVE.
EXHIBITS:
STAFF REPORT
APPLICATION
EXHIBIT A - AREA MAP
EXHIBIT B - PLOT PLAN
EXHIBIT C - CODE OF ORDINANCES, SECTION I06-262(h)
EXHIBIT D - PUBLIC NOTICE RESPONSES
Staff Report
June 28, 2007
Appeal of Enforcement Officer's Decision #A07-001
Applicant: Phillip Hoot, Property Owner
Location: 418 S. Virgina Street
Le2al description: Lots 17-19, Block 224, San Jacinto Homes, Johnson Hunter Survey, Abstract No. 35,
La Porte, Harris County, Texas.
Present zonin2: Low-Density Residential (R-l)
Land Use Map: Residential
Back2round:
The applicant is appealing the Enforcement Officer's Decision to apply Code of
Ordinances Section 106- 262(h), to the existing substandard structure located at 418 South
Virginia Street. Harris County Appraisal District (HCAD) records show the property was
purchased in April, 2005 and identify a primary residence (1,084 sq.ft) and a secondary
structure (484 sq. ft.) as a garage below with a 3-room structure above. The residence is
shown as "fair" condition and the "garage" as poor condition with both having been built
in 1948. Improvements for year 2006 were valued at $39,235 and current values are
"pending" .
Previously, the applicant submitted a building permit to remodel the upstairs portion of
the garage as a garage apartment, which was denied based on the "pre-existing,
nonconforming use and/or structure" and is currently abandoned. The property is zoned
Low Density Residential (R-l) and is intended for a single-family dwelling. Section 106-
238 of the Code of Ordinances allows one principal building per lot. In this case, it means
only one single-family dwelling shall be allowed. In addition, our research shows only
one address and one set of utilities serving this property.
Sect. 106-261 is the beginning of the "nonconforming" section in the Zoning Ordinance and
the opening paragraph provides guidance regarding the intent of these regulations. "The
general public, the Planning and Zoning Commission and the Zoning Board of Adjustment
have been directed to take note that nonconformities in the use, development of land, and
buildings are to be avoided where now existing, wherever, and whenever possible ".
Staffs responsibilities are to recognize nonconforming uses and/or structures so that they
may be addressed properly. Here, the past use of the upstairs garage area for "dwelling
purposes" has been identified as "pre-existing, nonconforming use and/or structure", and
abandoned. A nonconforming use shall be deemed abandoned when the use ceases to be
used for the nonconformity for a period of 180 consecutive calendar days. The
nonconforming use, when abandoned, shall NOT resume. In accordance with the Section
106-262(h)(3) of the Code of Ordinances, a letter was served as notification of the
abandoned nonconforming use.
Board of Adjustment
6/28/07 - #A 07-001
,_Page 2 of3
Analvsis:
The applicant seeks permission to repair the garage and remodel the abandoned garage
apartment built on the second floor. Issuance of the garage repair permit will allow for
the needed repairs and City inspections to satisfy the code enforcement violations. While,
possible remodel of the upper portion will be addressed separately. Unless the Board
determines that such a use or structure has not been abandoned for a period of 180
consecutive calendar days, the burden of proof is upon the applicant.
In describing the action of appeal, the Code of Ordinances states: In exercising the powers
set forth in Section 106-88, the Board of Adjustment may, in conformity with the provisions
of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement,
decision, or determination as ought to be made, and to that end shall have all the powers of
the enforcement officer from whom the appeal is taken. The Board must fmd the following
in order to grant an appeal:
a) That there is a reasonable difference of interpretation as to the specific intent of the zoning
regulations or zoning map, provided the interpretation of the enforcement officer is a
reasonable presumption and the zoning ordinance is unreasonable.
Current regulations are written in a clear manner which allows the enforcement officer to
understand the intent of City Council as it relates to the nonconforming use and/or structure.
This regulation has been in effect since the January 26, 1987 adoption of the Zoning
Ordinance (Chapter 106) and the regulation has not been proven to be "unreasonable".
No reasonable difference exists regarding the interpretation of the Zoning Ordinance.
Alternative remedies exist for the property owner in which the applicant would be compliant
with the Ordinance; therefore the Zoning Ordinance should not be construed as
unreasonable.
b) That the resulting interpretation will not grant a special privilege to one property
inconsistent with other properties or uses similarly situated
Current regulations are written in a clear manner that enables individuals to understand City
Council's intent. This enables Staff to provide the information to others and be consistent in
the enforcement of this regulation. This consistency in the enforcement of the regulation
ensures no "special privilege" to anyone property.
One of the objectives of the Zoning Ordinance is to eliminate and/or ameliorate
nonconformities. Typically, the elimination of nonconformities is addressed when property
owner decides to develop the property or repair/remodel existing facilities. Granting this
request would give the appearance of granting a special privilege to the property owner.
Board of Adjustment
6/28/07 - #A 07-001
".Page 3 of 3
Conclusion:
Appeals:
c) The decision of the Board must be in the best interest of the community and consistent with
the spirit and interest of the City's Zoning Laws and the Comprehensive Plan of the City.
Staff believes it would conflict with the intent of the regulation and would not be in the
best interest of the community or be consistent with the spirit of the City's Zoning
Ordinance. The property owner has stated that the upstairs area has only been used for
storage since its purchase in 2005. However, no City or utility company records of a
second address or utility accounts were found to establish a previous use. The Board may
grant permission to issue a permit for repair the garage, but not for remodeling the
abandoned garage apartment, a pre-existing, nonconforming use.
The general intent and purpose behind the Zoning Ordinance is to promote public health,
safety, and welfare. The enforcement officer's decision in this case would be in the best
interest of the community and would be consistent with the spirit and interest of the
City's Zoning Laws and the Comprehensive Plan of the City.
Based on the facts and considerations noted in this report, Staff feels the enforcement
officer's decision is correct. In addition, this nonconforming use is deemed abandoned and
may not resume as per Section 106-262(h) of the Code of Ordinances.
If the Board chooses to grant #A07-001, this action would allow the applicant to proceed
with the proposed repair/remodel as follows:
. Repair existing garage.
. Remodel the abandoned garage apartment upstairs.
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 ofthe 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
APPEAL OF ENFORCEMENT OFFICER'S DECISION
Application No.: 114-117'-00/
OFFICE USE ONLY: Fee: $150.00 Date Received: I, - 13-fJ7
Applicant:
PI/!,; /Iou{
/ Name
97Jj35kl/l?cJ: iff /{'.,
Address
. ., ~-//
PH: :A~/- l/7/- 5:~s-G
I am the owner ofthe herein described property. I have authorized
to act on my behalf in this matter.
Owner*:
Name
PH:
Address
I am appealing the decision regarding or the interpertation of Sect.Lt> 6 - ;}'39 of
the City Zoning regulations Chapter 106 ofthe Code of Ordinances. I am making this'
appeal in regards to, the Property located at: .
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Street Ad ress Ligal 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.
it If applicant is NOT the owner, he must provide Authorization to act on the Owner's
behalf.
'~-13--CJ "/
Date
~v
. Applicant's Signature
---------------------------------------------------------------------------------------------------------------------
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 Board Decision mailed to Applicant/Owner:
2
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 TillS MATTER:
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TYPE OF RELIEF BEING SOUGHT:
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GROUNDS FOR THE REQUEST:
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May 8, 2007
To whom it may concern:
My name is Brian Raney. I rented the house owned by Phillip Hoot at
418 Virginia St. from November 2005 until April 2006. I witnessed Mr.
Hoot coming and going throughout the day using the garage
apartment facilities. The garage apartment wasn't a part of the my
rental agreement.
Sincerely,
~"
June 12,2007
To whom it may concern:
I have lived at 418 South Virginia since May of 2006. During that time I have seen Mr.
Hoot use the garage apartment on numerous occasions. It was clear at the time of the
lease that the garage apartment was a separate living space and not part of my lease.
Sincerely,
~~
Tonya Rodriguez
s~
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~C;Y
Legend
~ Property Lines
--- Drainage Channels
Raillines
I/; City Limits
Disclaimer: The City ofLa Porte makes no representation or warranty as to the accuracy of this map and its information nor to its fitness 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 further agrees 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
City of La Porte
604 W Fairmont Parkway
La Porte, TX 77571
(281) 471-5020
www.laportetx.gov
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ZONING
~ 106-262
into compliance with this chapter, or other codes and ordinances of the city. The burden of proof
in showing that the structure's repair cost does not exceed 50 percent of the replacement cost
of such structure rests upon the owner of such structure.
(e) Determination of replacement cost. In determining the replacement cost of any noncon-
forming structure, the cost ofland or any factors other than the nonconforming structure itself,
shall not be included.
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(f) Repairs and alterations. Repairs and alterations may be made to a nonconforming
building or structure; provided, that no external alterations shall be made except those
required by law or ordinance, unless the building is changed to a conforming use. N 9 additional
dwelling units shall be added where the nonconforming use results. from there being more
dwelling units on the lot than is permissible in the district in which the building is located.
(g) Enlargement to nonconforming structure. A structure that is nonconforming may be
altered, remodeled or otherwise improved, but not enlarged, unless the board of adjustment
determines (pursuant to section 106-191) that such enlargement will not result in an increase
in the degree of nonconformity with the regulations and development standards of the district
in which it is located.
(1) Submission of schedule to eliminate nonconformity. The applicant shall present to the
board of adjustment a schedule for elimination or substantial reduction of the
nonconformity over a reasonable period of time not to exceed 20 years, or setting forth
the reasons why such action is not reasonably possible.
(2) Approval of schedule by board of adjustment. The board of adjustment shall review and
make any revisions found necessary to ensure that priority is given to elimination or
reduction of those nonconformities that have significant adverse impacts on surround-
ing properties, and which can reasonably be ameliorated taking into account the effect
of the configuration of the lot and the location of existing structures arid the 'cost of
eliminating or substantially reducing such nonconformities.
(h) Abandonment of nonconforming use or nonconforming structure.
(1) A nonconforming use shall be deemed abandoned when the use ceases to be used for,
the nonconformity for a period of 180 consecutive calendar days. The nonconforming
use, when abandoned, shall not resume.
(2) A nonconforming structure shall be deemed abandoned when the structure ceases to be
used for the nonconformity for a period of 180 consecutive calendar days. The use of the
nonconforming structure, when abandoned, shall not resume.
(3) When it has been determined by the enforcement officer that a nonconforming use or
structure has been abandoned, notification shall be made by certified mail to the owner
(as shown on the certified tax rolls) of the abandoned nonconforming use or structure.
The owner or his representative seeking to maintain such nonconforming use or
structure may appeal the enforcement officer's decision to the board of adjustment. The
property owner or his representative seeking to maintain the existing nonco~orming
Supp. No. 1
CD106:39
m-tflltT C
A Meeting of the La Porte
Zoning Board of Adjustment
(fype of Meeting)
Scheduled for
,) I.; 2007
\--,1 "
June 28, 2007
(Date of Meeting)
to Consider
Appeal of the Enforcement Officer's Decision #A07-001
(fype of Request)
I have received notice of the above referenced public bearing.
I am in FAVOR of granting this request for the following reasons:
'.
, .. .,,_ ..:. . ~ '.~ ._". ':,' . ..... .'.~.J_.:
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I a;Q:I. OPPPSBP~~'tbiS 'reauest for the,follqwingreason.s:
Dear Sirs: I do not wish to cause Mr. Hoot any grief: but at the same time I do not wish
him to cause us, the long time home owners in the 400 block of South Virginia, any grief
either. We bought on this quiet street because it was a ''residential'' (not a "commercial")
family orientated neighborhood that is protected by this ordinance, that you now show is
in threat of being taken away from us. I do not mind having a single family rental across
the street from me, but I am in "OPPOSITION" to a muhi-rental existence on it. The
area that the house is built on would be very cramped, if they are allowed to add one (or
two, as I have heard might be the case) extra rentals on it (top and bottom of garage area).
There isn't sufficient room to provide enough parking areas needed and even if so, it
would cause a high influx of traffic coming and going. I believe there would be many
problems arise over parking rights and the loss ofa secure and private existence to whom
ever rents the house. I have asked several real estate agents, some who are friends and
will be honest with me, for input on the matter of our property values and what this
would do to them. I have not received good feed back regarding this. As one told me,
''Not many people want to live across the street from any kind of apartments or muhi-
rentals." PLEASE do not allow this ordinance to be revoked or you will be hurting our
investments and opening the door for many to do the same in our neighborhood. Thank
You! I'm a concerned 24 year resident of the neighborhood.
Plul /I/S .S. f3('(}cpbN
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4/3 S. l/1f<-1t n~lv ~t.
Address
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City, tate, Zip
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A Meeting of the La Porte
JUN 2 2D07
Zonin~ Board of Adjustment
(Type of Meeting)
I',j \
~ 't ;
Scheduled for
June 28, 2007
(Date of Meeting)
to Consider
Appeal of the Enforcement Officer's Decision #A07-OO1
(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:
tJ/A
I
I am OPPOSED to granting this request for the following reasons:
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JUN 2 6 2007
A Meeting of the La Porte
PLANNING
Zoning Board of Adjustment
(Type of Meeting)
Scheduled for
June 28, 2007
(Date of Meeting)
to Consider
Appeal of the Enforcement Officer's Decision #A07-001
(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:
I am OPPOSED to granting this request for the following reasons:
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Address
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City, State, Zip
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