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Home My WebLink About06-28-07 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment Minutes of the Meeting ZONING BOARD OF ADJUSTMENT MINUTES OF JUNE 28, 2007 Members Present: George Maltsberger, Bob Capen, Rod Rothermel, Charles Schoppe, Lawrence McNeal (Aft. No.1), and Gilbert Montemayor (A It. No.2) Members Absent: Chester Pool City Staff Present Masood Malik, City Planner; Clark Askins, Assistant City Attorney; and Peggy Lee, Secretary 1. CALL TO ORDER. Chairman Mattsberger called the meeting to order at 6:00 p.m. 2. CONSIDER APPROVAL OF THE MAY 24,2007, MEETING MINUTES. Motion by Rod Rothermel to approve the minutes of the May 24, 2007, meeting. Second by Charles Schoppe. The motion carried. Ayes: Nays: Abstain: Rothermel, Schoppe, Maltsberger, Capen, and McNeal None None 3. CONSIDER SPECIAL EXCEPTION REQUEST #SE07 -004 FOR THE PROPERTY LOCATED AT 301 NORTH 8TH STREET, FURTHER DESCRIBED BY THE HARRIS COUNTY APPRAISAL DISTRICT AS LOTS 17-21, BLOCK 76, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS. WYCOFF CONSTRUCTION, INC, ON BEHALF OF PROCESS PRODUCTS, 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. The property owner has requested a special exception to erect a front yard fence within the required 20' front yard setback area of the property located at 301 N. 8th Street. The fence will secure a parking lot that will be built to serve employees and customers of Process Products located at 227 N. 8th Street. Earlier this year, City Council granted a special conditional use permit for construction of the parking lot. Eleven property owners located within 200 feet of the subject tract were sent notification of the public hearing. The City did not receive any responses from the mailout. B_ PROPONENTS Chairman Maltsberger swore in Teri, of Wycoff Construction, PO Box 1059, Kemah, TX. A 6' high fence with barbed wire along the top is planned to be constructed within the front yard setback as a safety measure for the parking lot. C. OPPONENTS There were none. Zoning Board of Adjustment Minutes of June 28, 2007 Page 2 of5 Motion by Bob Capen to approve Special Exception #SE07 -004 allowing installation of a fence within the 20' front yard setback area of the property located at 301 N. 8th Street. Second by Rod Rothermel. The motion carried. Ayes: Nays: Abstain: Capen, Rothermel, Maltsberger, Schoppe, and McNeal None None Assistant City Attorney, Clark Askins, read aloud from Section 106-196 of the Code of Ordinances, which addresses Appeals. 4. CONSIDER SPECIAL EXCEPTION REQUEST #SE007-005 FOR THE PROPERTY LOCATED AT 9102 SPENCER HIGHWAY, FURTHER DESCRIBED BY THE HARRIS COUNTY APPRAISAL DISTRICT AS LOTS 2-6, BLOCK 57, SPENCER HIGHWAY ESTATES, LA PORTE, HARRIS COUNTY, TEXAS. TROY TANKERSL Y C/O PETRO-CHEM REFRIGERATION, INC., SEEKS A SPECIAL EXCEPTION FOR REDUCTION OF REAR YARD SETBACK. THIS EXCEPTION IS BEING SOUGHT UNDER THE TERMS OF SECTION 106- 192(b)(2)(b) OF THE CODE OF ORDINANCES. A. STAFF PRESENTATION Mr. Malik presented Staff's Report. The property owner, Petro-Chern Refrigeration, Inc., has requested a special exception to allow an existing, non-permitted, 50' x 50' building addition to remain in place at 9102 Spencer Highway with an encroachment of 17" into the standard 1 0' rear yard setback area. Notification of the public hearing was sent to 12 property owners located within 200 feet of the subject tract. The City did not receive any responses from the mailout. B. PROPONENTS Chairman Maltsberger swore in Troy Tankersly, an agent for the owner. Mr. Tankersly, of 9102 Spencer Hwy., stated the special exception will allow the company to continue with site improvements. C. OPPONENTS There were none. Motion by Charles Schoppe to approve Special Exception #SE07-005 allowing an existing, non- permitted, 50' x 50' building addition to remain in place at 9102 Spencer Hwy. with an encroachment of 17" into the standard 10' rear yard setback area. Second by Lawrence McNeal. The motion carried. Ayes: Nays: Abstain: Schoppe, McNeal, Rothermel, Maltsberger, and Capen None None Assistant City Attorney, Clark Askins, read aloud from Section 106-196 of the Code of Ordinances, which addresses Appeals. Zoning Board of Adjustment Minutes of June 28, 2007 Page 3 of5 5. CONSIDER VARIANCE REQUEST #V07-004 FOR THE PROPERTY lOCATED AT 941 OAK GROVE AVENUE, FURTHER DESCRIED BY THE HARRIS COUNTY APPRAISAL DISTRICT AS lOT 12 AND EAST Yz OF lOT 11, OAK GROVE BLOCK OF BA YSHORE PARK, RECORDED IN VOLUME 10, PAGE 22, MAP RECORDS OF HARRIS COUNTY, AND TR 7 IN THE JOHNSON HUNTER SURVEY, ABSTRACT 35, LA PORTE, HARRIS COUNTY, TEXAS. THE APPLICANT, VINCENT HEIMS, SEEKS APPROVAL OF A DETACHED GARAGE IN THE SIDE YARD ADJACENT TO PUBLIC RIGHT-OF-WAY. THIS VARIANCE IS BEING SOUGHT UNDER THE TERMS OF SECTION 106-192(b)(2)(b) OF THE CODE OF ORDINANCES. A. STAFF PRESENTATION Mr. Malik presented Staffs Report. The property owner, Vincent Heims, has requested a variance to allow construction of a detached garage within the side yard. Placement of a detached private garage in the side yard is prohibited when it abuts a public right-of-way. Notification of the public hearing was sent to 13 property owners located within 200 feet of the subject tract. The City received two responses; one in favor and one opposed to the request. B. PROPONENTS ,,-, Chairman Maltsberger swore in the property owner, Vincent Heims. Mr. Heims, of 6214 S. Sumac, Pearland, TX, addressed the Board. Mr. Heims stated this is the exact plan he presented at an earlier meeting. For clarification purposes, he was asked to resubmit a request to ensure it was the Board's intent to include the garage with their previous approval. C. OPPONENTS There were none. Motion by Rod Rothermel to approve Variance #V007-004, allowing construction of a detached garage within the side yard. Second by Charles Schoppe. The motion carried. Ayes: Nays: Abstain: Schoppe, Rothermel, Maltsberger, Capen, and McNeal. None None Assistant City Attorney, Clark Askins, read aloud from Section 106-196 of the Code of Ordinances, which addresses Appeals. 6. CONSIDER APPEAL OF THE ENFORCEMENT OFFICER'S DECISION #A07 -001 FOR PROPERTY lOCATED AT 418 SOUTH VIRGINIA SREET, FURTHER DESCRIBED BY THE HARRIS COUNTY APPRAISAL DISTRICT AS lOTS 17-19, BLOCK 224, SAN JACINTO HOMES, JOHNSON HUNTER SURVEY, ABSTRACT 35, lA PORTE, HARRIS COUNTY, TEXAS. THE APPLICANT SEEKS APPROVAL TO REMODEL AN ABANDONED NONCONFORMING GARAGE APARTMENT PROHIBITED PER SECTION 106-262(H)(1) OF THE CODE OF ORDINANCES. THIS APPEAL IS BEING MADE UNDER THE PROVISIONS OF SECTION 106-89 OF THE CITY'S CODE OF ORDINANCES. ZomngBo&dofA~usrrnem Minutes of June 28, 2007 Page 4 of5 A. STAFF PRESENTATION Mr. Malik presented staffs report. The applicant, Phillip Hoot, is appealing the enforcement officer's decision to not allow him to remodel the garage apartment located at 418 S. Virginia Street. The City has deemed the garage apartment to be pre-existing, nonconforming, and abandoned. Notification of the public hearing was sent to 18 property owners located within 200 feet of the subject tract. The City received two responses; one in favor and one opposed to the request. B. PROPONENTS Chairman Maltsberger swore in the property owner, Phillip Hoot. Mr. Hoot, of 9743 Shell Rock, addressed the Board. Mr. Hoot stated the structure has never been abandoned and has always been shown on the tax roll as two residential dwellings on the same property. Although he does not sleep in the garage apartment, he uses it at least three to four times per week as his second residence. c. OPPONENTS Chairman Maltsberger swore in Phyllis Brogdon, of 413 S. Virginia. Ms. Brogdon disagreed with Mr. Hoot's statement about the garage apartment being used as a second residence for him as she does not recall ever seeing him at the property. She said the garage is in bad shape and thinks that to grant this request would be bad for the neighborhood. Motion by Bob Capen to support the Enforcement Officer's Decision and deny Appeal of the Enforcement Officer's Decision #A07 -001. Second by Rod Rothermel. The motion carried. Ayes: Nays: Abstain: Capen, Rothermel, Schoppe, Maltsberger, and McNeal. None None Assistant City Attorney, Clark Askins, read aloud from Section 106-196 of the Code of Ordinances, which addresses Appeals. 7. ADMINISTRATIVE REPORTS Mr. Malik provided a brief update on the following developments: . Infrastructure installation in progress for Lakes at Fairmont Green Subdivision, Section 1 Infrastructure installation in progress for two minor subdivisions along S. Broadway Underwood Business Park is approximately 60% complete; building permits have been issued for two more buildings within the park. Infrastructure completed for Port Crossing Business Park Fire Station #3 complete. Grand Opening for Police Department scheduled for July 12. EMS Renovation 80% complete. . . . . . . 8. BOARD COMMENTS There were none ZomngBo~dofA~usnnem Minutes of June 28, 2007 Page 5 of5 9. ADJOURN Chairman Maltsberger adjourned the meeting at 6:55 p.m. Submitted by, Approved on this:iJe day of ~~ ,2007. #V07-005 VARIANCE FOR ABOVE GROUND POOL IN THE FRONT YARD AT 814 EAST 'c' STREET EXHIBITS: STAFF REPORT APPLICATION FOR VARIANCE EXHIBIT A - AREA MAP EXHIBIT B - SURVEY MAP EXHIBIT C - PHOTO EXHIBIT D - CODE OF ORDINANCES, SECTION 106-748 & SECTION 106-771(2) EXHIBIT E - PUBLIC NOTICE RESPONSES Staff Report July 26, 2007 Variance Request #V07-005 Requested by: Requested for: Location: Zonine;: Back2round: Dana and Victoria McKinley, property owners Lots 24 thru 28, Block 43; Bayfront to La Porte 814 East C Street Low-Density Residential (R -1) The applicants are requesting approval to construct an above ground swimming pool in their front yard at 814 East C Street. The property is located at the comer of East C Street (improved up to the driveway entrance) and South Ohio Street (unimproved right-of-way & a part ofF212 Channel, Deer Creek). The property is also considered to be a comer lot. The Harris County Appraisal District (HCAD) record shows that the house was built in 1979, with 12,500 square feet of land area and 2,165 square feet of total living area. Minimum yard setbacks for a single-family detached house are Front 25', Rear 15', and Side 5'. Generally, swimming pools are located in the rear yard of the house. As per Section 106-771 (2), yard requirements prohibit swimming pools from being located in the front yard. Based on the Section 106- 7 48, City's Code of Ordinances, minimum setbacks for a swimming pool are as follows: · Measuring from the water's edge of the pool, a 6' setback from any adjacent structure is needed. · Measuring from the water's edge of the pool, a 3' setback from a utility easement is needed. · Measuring from the water's edge of the pool, a 5' setback from the side property lines is needed. Being a comer lot, the house may be accessed on both sides depending on the physical situation of the property. The property is addressed along East C Street, an improved ROW, the front yard is claimed to be along Ohio Street, an unimproved ROWand adjacent to or part of the creek. The design or dimensions of the pool itself does not present a problem; however, this lot's back yard and its amenities present a problem. The overhead power lines run from the alley to the house with other underground utilities located in the rear yard. In addition, there are numerous old live oak trees in the rear yard (see photo attached). Board of Adjustment July 26, 2007 V07-005 Page 2 of3 Analvsis: The pool would comply with nnmmum 6' setback from adjacent structure/house and 5' side setback requirements; however the applicants are requesting a variance to allow an above ground pool be located within the front yard of the house. The Code of Ordinances defines a variance as a deviation from the literal provisions of the chapter which is granted by the Board when strict conformity to the zoning ordinance would cause an unnecessary hardship because of the circumstances unique to the property on which the variance is granted. Except as otherwise prohibited, the Board is empowered to authorize a variance from a requirement when the board finds that all of the following conditions have been met. a) That the granting of the variance will not be contrary to the public interest; b) That literal enforcement of the chapter will result in unnecessary hardship because of exceptional narrowness, shallowness, shape, topography or other extraordinary or exceptional physical situation unique to the specific piece of property in question. "Unnecessary hardship" shall mean physical hardship relating to the property itself as distinguished from a hardship relating to convenience, financial considerations or caprice, and the hardship must not result from the applicant or property owner's own actions; and c) That by granting the variance, the spirit of the chapter will be observed. The Board must decide if the applicant's request for constructing a swimming pool within the front yard of the house is reasonable. The Board is charged with deciding whether all of the above stated conditions have been met. Staff's review of the property in question does not indicate an "unnecessary hardship" relating to the property due to an extraordinary or exceptional physical situation to this specific piece of property. However, unique circumstances do exist with the amenities associated to this property. Board of Adjustment July 26, 2007 V07-005 Page 3 of3 Conclusion: Appeals: The grounds for relief stated by the applicant are as follows: >- Unable to place the pool in the rear yard due to low overhead power lines and other utilities. >- Avoid removal of3-5, seventy plus year old oak trees in the back yard. The variance request submitted does meet the criteria since the property size, easements, and setbacks are typical for single-family residential and a unique circumstance to the property does exist with the location of the adjacent bayou within an unimproved right-of-way. Location of power lines and trees in the rear yard, as stated by the applicant, may be taken into consideration when rendering a decision. While recognizing the circumstances associated with the property, the Board may consider: . Allowing a proposed pool to be located in the front yard of the house, (variance granted). . Deny the variance for the pool to be located within the front yard. As per Section 106-196 ofthe Code of Ordinances of the City of La Porte: Any person or persons, jointly or severally, aggrieved by any decision ofthe 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, dilly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten days after the filing of the decision in the office of the Board of Adjustment. OFFICE USE ONLY: CITY OF LA PORTE ZONING BOARD OF ADJUSTMENT VARlANCE REQUEST Application No.: \J 0 '1. 00"')'" Dale Received: ~~O - ~'~ Receipt No.: ru This Fee is Non-Refundable Regardless of the Board's Decision Fee: $150.00 Note: Applicant: J~?t{\)~ -{ \l \ r ~H)R \ R f\\ ~ \\\\D L~ ~ Name .fu 1..\ P .P\S\ C' S -, . Address d8\-LP610-&<6 \ 3 OR 6)CX1- LDQn - C;)8\D 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. of the City Zoning regulations Chapter 106 of the Code of Ordinance. ,_ I am requesting this variance for property located at ~ f' ,P.Sl (' _ S.,. ,lrf;; 021" -.oIj , tM 43 !!,clctj f,v: vi b, ! (' 1 /,>, /; Street Address '- Legal Description () Site Plan ( ) Major Devdopmcnt 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 al:plkant is NOT the owner, he must provide Auth ization to act on the Owner's behalf. ~ Date e Office Use Only Site Phn 2nd 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 ofthe 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 propeloty 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 Hdequate 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'y'()qfe~Uhoe lJoan::l.., should consider. - FACTS RELEVANT TO THIS MATTER: I't-\~R~ R~- \Rti..~ ) \...Dill f=\rt')() '.' ~.: \ HU a~GRD\.)rt ')\) ?>~c."" u ~ RO . t>\\~R ~?f\\) ~O\.J. )e.,R\-\\\JES) lJl\\.-\\'PS, \f\J \ HP--,~<e. \ ~ Pt'-R<c.~\)~ Pr,,) "IruGRDun.Sn ?DDt- ~\ 1\-\~ C'-DRm~R D"=t O'\\\D + D S'l. 3 -'YPE OF RELIEF BEING SOUGHT: ~ e ~\)?S'"1\~)c;. lD l' ~'kS\~\....\.... ~ffi ?t~\)t:. G-Rtl)(L)(\ ?OC)\- \rn '\ \-\?- ~R{)\Ul "\f\RO ~ THE GROUNDS FOR THE REQUESTS: \0 ~\.)D'O ~\'f\b\J~\... TY~ ~ If") ,f:) - -!lC> f>\..U ~ \..-\ ~i\ R, (') \... ~ \-. \ \\ ~ . N\ R "\ ~? f S \m t=\?t~\<.l.\~Ra. S:\CPShHe\INSPECTION D1VISION\Standard Forms\ZONING BOARD V ARIANCE.doc REVISION 10/21/03 RYC \... '\ '6 .". \ ~ (;JI / \ .~- Disclaimer The City of La Porte makes no representarion or warranty as to the accuracy Of this map and its mformation nor to its frtness for use Any user of this map prcx:Juct accepts the same AS IS. WITH ALL FAULTS and assumes al/ responsibility for the use thereof, and further agrees to not hold the City of La pone Hable from any damage, loss; or liability arising from any use of the map product independent verdication of all information contamed on this map should be obtained by the end user Legend o Property Lines Railljnes It; City Limits City of La Porte 604 VII. Fairmon! Parkway La Porte, TX 77571 (281) 471-5020 wwwlaportetx.gov La Porte GIS Mapping 1 " equals 54 ' 9 lXHl.l3rr 06/:-8/07 15: 53 KINKO'P GALERIA j/rt'l,. -00: t: . 1.>.- . N ........ >- ~ c( to b 0 It:i N ....... S b 0 b 0 D r-- L() Z SCALE 1 = 20' EAST C STREET (60' R.O.W.) Fnd. 1/2" t.R. At-\- '1 r\e. 001 5 I' f\R~ \R. N 33D 00' 00" E - 125.00' l " ,:"of AI .. . .... 14l 002 :-1 /"" .' .... b .0 . fl. A ~ . .... A .d " '. LOT 28 LOT 27 C}: :P S o C. I I ______hQT 28___________\L LOT 27 . .. ;. .. ;, <1 25.9' LOT 26 LOT 25 . LOT 24 LOT 23 Notes : This property appears to be out - Bosls for Bearings: Northeasterly ROW Line of East C Street the 100 year flood plain. & Distances shown are ground distances. in insurance rate map zone X, All abstracting done by title company. as per map 48201C0945J All B.L.'s & U.E.'s taken from recorded plat unless otherwise noted. Dated: 11-06-96 All fences are 6' wood unless otherwise noted. This survey certified for this transactlon ONLY. This determination to be used for flood Survey Is NOT to be relied upon for ANY other purpose. insurance rate purposes ONLY and is NOT Dimension ties from improvements to property lines ore calculated to be relied upon for ANY other purpose. and should NOT be relied upon for construction and/or removal of Surveyor has NOT determined whether property any improvements including fences. lies in a FLOOD WAY area and makes NO [*] Building dimensions may not be used to calculate square footage. nmrp'J';p.ntntlon OJ'; tn whp.thp.r nronp.rtv IiP.R ~oW r-. r..: N i:n a:i N .... . - -LOT-27. - - .. - --------lOT 26------ ....-.... - ----- 7.8' .. .. .in ., .... ~ . . \..J-\ \ \.- \ ., \ e.S d C - ---) _____~-LOT !-2_________ LOT 25 io N N .~ 3.0' -("oj r..: 3.0' B.O' . if? 7.2' - b lei N STORY BRICK & FRAME 6814 ~ j;) -------E~~ ;~-___--- 44.7' . , ) .. - - .. ... - -.. - -- .. - -- -...... . Fnd. 1/2- I.R. S 33D 00' 00" W -125.00' - - - g 106-744 LA PORTE CODE (-- (d) A bed and breakfast shall be allowed one sign, not exceeding three square feet in area and nonilluminated. This sign may be either mounted on the building or located in a landscaped portion of the yard. Yard signs shall be located in accordance with the provisions of article VII of this chapter. Sec. 106-745. Commercial-industrial accessory structures and uses. Structures and buildings accessory to commercial or industrial principal uses shall meet all setback and height requirements of the district they are in as if they were principal structures. Accessory buildings or structures shall not exceed 30 percent of the gross floor area of the principal use. Sec. 106-746. Location of truck terminals restricted. Truck terminals, asdefined in section 70-211, shall only be located in areas directly adjacent to the right-of-way of the truck routes specifically designated in section 70-231. (Code 1970, g 25-84) Sec. 106-747. Coin-operated machines. - All sites for coin-operated machines as defined in section 10-31 must be greater than 300 feet from any public or private school, any hospital or any church. (Code 1970, 9 4lf2-4(b)) Cross reference-Coin-operated machines, g 10-31 et seq. c Sec. 106-748. SWimming pools,spas, and hot tubs. No swimming pools, spas, or hot tubs shall be erected or located in any required yard except in accordance with the following provisions: (1) Setbacks. Pumps; Filters, Spas / Hot Heating , Pools. Tubs - . Decks Equipment Separation from adjacent structures 6' N/A N/A N/A Side setback - 5' 5' 2' 2' Rear setback 5' 5' 2' ':i. 2; ... Setback from utility easement 3' May not May not May not .. . .' . . . encroach . .... encroach .' encroach Front setback See section See section See section See section 106-771(2) 106-771(2) "'f "r- M'r-t'f'l'n\ 106-771(2) .l.VO- I I .I.~"'J (2) Fences. Swimming pools, spas, and hot tubs shall be e~dosed wit~ a fence at least four feet in height. Fences shall comply with all requirements ofthe currently adopted ( ,,~. Supp. No. 14 CD106:84 1lH'~n" S 106-751 LA PORTE CODE Sec. 106-751. Shipping containers. Shipping containers may be used as temporary material storage facilities on construction sites in all zoning districts except residential (R-I, R-2, and R-3). In addition, commercial construction allowed in residential zoning districts may use shipping containers as temporary material storage facilities. (Note: Certificate of occupancy shall not be issued until shipping container is removed from the site.) (Ord. No. 1501-II, S 7, 3-27-00; Ord. No. 1501-NNNN, S 6(Exh. F), 4-25-05) Sees. 106-752-106-770. Reserved. DIVISION 3. AREA REQUIREMENTS Sec. 106-771. Yard requirements. The following shall not be considered as encroachments on yard setback requirements: (1) Chimneys, flues, belt courses, etc. Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, cornices, eaves, gutters, steps, stoops, and the like, provided they do not project more than four feet into any front or rear yard, and two feet into any side yard. (2) Terraces, decks, patios, etc. Terraces, decks, patios, or similar features, provided they do not extend more than one foot above the height of the exterior finish grade elevation, or to a distance less than two feet from any lot line, or encroach upon any utility easement. Further, pools shall not be considered as an encroachment on a front yard setback, provided that such pools are located in a front yard adjacent to Galveston Bay, and provided further that such pool does not extend more than one foot above the exterior finish grade elevation, or to a distance less than two feet from any lot line or encroach upon any utility easement. (3) Rear yards only. An unenclosed, attached patio cover, awning, or canopy, provided that no portion of such patio covers, awnings, or canopies shall encroach into any utility easements, or any vertical projection thereof, and provided further that no portion of such patio covers, awnings, or canopies shall be located at a distance less than five feet from the side property line or three feet from the rear property line, or any vertical projection thereof. (4) Front and side yard carports. Front and side yard carports shall be permitted for single-family detached homes subject to the following requirements: a. Carports in a required front or side yard shall not be located closer than five feet from any front or side property line. SUpp. No. 12 CD106:86 / I ! Zoning Board of Adjustment (Type of Meeting) /[;:!MU rf~ 0' nn i':. 1,-,1 bliVLSI ~1J;ln:l II JUL ~ 0 zool/Lilli ru II i LJ~ I ' lay I --~.-----~...-.........._._.~ A Meeting of the La Porte Scheduled for July 26, 2007 (Date of Meeting) to Consider Variance #V07-005 (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: 7A l S oJb..-.r~ n (;> H 0./;., {+ ''I h Ol{~ ' Vl'e~ ~ l1A.y / I am OPPOSED to granting this request for the following reasons: ;/ (!k~2:> ~U1i~ ~ N=e (pleose prin~ ~A~~;d:r4 Signature //)0 3~$L- V {I 51r Address CA- n/1-7131 ~( 7757/ City, State, Zip ~Ht"ff ~~ " Scheduled for JUL :t 0 2007 A Meeting of the La Porte Zoning Board of Adjustment (Type of Meeting) July 26, 2007 (Date of Meeting) to Consider Variance #V07-005 (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: 7); t"!::> oJb-r~ n (/ t--( 0S'ij {fl'j h 01{ y , Vi ~.v ~ h..... Y / I am OPPOSED to granting this request for the following reasons: ;/ {!A-~W2> >~(--~ ;z;:;. N=e (pIme prin~ ~A~-~4 Signature /tJD 3~sL u {( s'l, Address t>+- R /J-7l3/ ?; ( 7757/ City, State, Zip