HomeMy WebLinkAbout07-26-07 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment
MINUTES
ZONING BOARD OF ADJUSTMENT
MINUTES OF JULY 26, 2007
Members Present:
George Maltsberger, Chester Pool, Bob Capen, Rod Rothermel, Charles
Schoppe, Lawrence McNeal (Alt. No.1), and Gilbert Montemayor (Alt. No.2)
Members Absent:
None
City Staff Present:
Wayne Sabo, Planning Director; Masood Malik, City Planner; Clark Askins,
Assistant City Attorney; and Peggy Lee, Secretary
1. CALL TO ORDER.
Chairman Maltsberger called the meeting to order at 6:02 p.m.
2. CONSIDER APPROVAL OF THE JUNE 28, 2007, MEETING MINUTES.
Motion by Bob Capen to approve the minutes of the June 28, 2007, meeting. Second by Charles
Schoppe. The motion carried.
Ayes: Rothermel, Pool, Schoppe, Maltsberger, Capen, McNeal
and Montemayor
Nays: None
Abstain: None
3. CONSIDER VARIANCE REQUEST #V07.005 FOR THE PROPERTY LOCATED AT 814 EAST
"C" STREET, FURTHER DESCRIBED BY THE HARRIS COUNTY APPRAISAL DISTRICT AS
LOTS 24 THRU 28, BAY FRONT TO LA PORTE, JOHNSON HUNTER SURVEY, ABSTRACT
35, LA PORTE, HARRIS COUNTY, TEXAS. DANA & VICTORIA McKINLEY, THE PROPERTY
OWNER, SEEKS A VARIANCE TO INSTALL AN ABOVE GROUND POOL IN THE FRONT
YARD. 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. The property owner has requested a variance to
install an above the ground pool in the front yard do not require a fence for an above the
ground pool 6' front from the house 5' from the side property located at 814 East "C" Street.
The City sent thirteen mailouts and received one response in favor.
B. PROPONENTS
Chairman Maltsberger swore in Dana McKinley, 814 East "C" Street. Mr. McKinley
and his wife are requesting the variance to allow an above ground pool within the front
yard of the house. The pool would comply with the required minimum 6' setback
from an adjacent structure/house and the 5' side setback requirement.
C. OPPONENTS
There were none.
Motion by Rod Rothermel to approve Variance Request #V07-005 installation of an above the
ground pool within the 6' from the house and 5' from the side property line in the front yard of the
property located at 814 East "C" Street.
Second by Chester Pool. The motion carried.
Ayes:
Capen, Rothermel, Maltsberger, Schoppe, McNeal and
Montemayor
None
None
Nays:
Abstain:
Assistant City Attorney, Clark Askins read aloud from section
106 -192(b) (2) of the Code of Ordinance which addresses Appeals
7. ADMINISTRATIVE REPORTS
Mr. Sabo provided a brief update on the following developments:
. September 12 Board/Commission training in Baytown
· 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.
· Police Department opened on July 12.
· EMS Renovation 80% complete.
8. BOARD COMMENTS
There were none
9. ADJOURN
Chairman Maltsberger adjourned the meeting at 6:21 p.m.
SU7) b~" __k 'f:. .
pe~
Secretary, Zoning Board of Adjustment
Approved on fI1i2:g- '(l~
,2007.
Approved on this
day of
,2007.
George Maltsberger
Chairperson, Zoning Board of Adjustment
#V07-006
VARIANCE
FOR
FRONT YARD FENCE AT 3020 N. 23RD STREET
EXHIBITS:
STAFF REPORT
APPLICATION FOR VARIANCE
EXHIBIT A - AREA MAP
EXHIBIT B - PHOTO
EXHIBIT C - SITE PLAN
EXHIBIT D - CODE OF ORDINANCES, SECTION 106-797
EXHIBIT E - PUBLIC NOTICE RESPONSE
Staff Report
October 25, 2007
Variance Request #V07-006
Requested by:
Owner:
Requested for:
Location:
Zonine::
Back2:round:
Analvsis:
Sherrie Daniels (Phoenix Services)
M. D. Evans
Lots 1-8,25-32, Block 673, and alley between these lots, T.W. Lee Subdivision, Richard
Pearsall Survey, Abstract 625, La Porte, Harris County, Texas.
3020 N. 23rd Street
Light Industrial (Ll)
Applicant is requesting a variance to relocate a fence within the front yard at a reduced
setback line. The property in question has office/warehouse buildings located along
North 23rd Street across the City's Public Works Department. The property is currently
zoned Light Industrial (Ll) and the City's Code of Ordinances prohibits a fence being
erected within the required landscape portion of any yard or the front yard setback in the
commercial and industrial zoning districts.
Last year, a minor development site plan was approved for proposed industrial
equipment storage and a detention pond along North 23rd Street. A chain link fence with
slats has been erected at the 20' required setback line. Recently, the applicant has
submitted a revised site plan for a proposed 9,000 sq. ft. of building addition to be
located along West 'C' Street and has shifted the detention basin 10 ft. inside the required
building setback line.
The applicant has submitted a variance request that seeks a reduction in the standard front
yard setback requirement in order to relocate a fence at 10' off front property line.
According to the applicant, the front yard fence at the detention pond is desired for the
safe operation of the business in this area. In addition, construction of a detention pond
within 10 feet of the property line would be exposed to the public, unless fence is placed.
The City's Code of Ordinances, Section 106-797(2), prohibits a fence being erected
within the required landscape portion of any yard or 20' front yard setback in the
commercial and industrial zoning districts.
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.
Section 106-1 defmes fence as ".. . the manmade structural barrier erected on or around a
piece of property."
Zoning Board of Adjustment
October 25, 2007
#V07-006
Page 2 of3
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.
Regarding this request, the relief being sought to:
· Allow construction/relocation of a fence with a reduced setback in the front yard.
In determining if granting the applicant's request would be contrary to the public interest,
Staff recognizes that the development of the fence at the property may not create a
problem with adjoining properties. A survey of surrounding properties shows that this
non-compliance with the ordinance is typical to the area.
In viewing the specific grounds for granting a variance, however, staff points out that the
condition, as it exists, "... is the result of the applicant or property owner's own
actions. . . " contrary to the provisions of Section 106-192. However, staff fmds no
grounds to justify ". . . unnecessary hardship because of exceptional narrowness,
shallowness, shape topography, or other extraordinary or exceptional physical situation
unique to the property in question." Security of the property and detention pond view
within the front setback, however, may be considered in this regard.
The Zoning Board of Adjustment's fmal consideration is whether granting of this
request, observes the spirit of the ordinance. Based on the facts noted in this report, the
applicant's request may not be contrary with the spirit of the ordinance, and may promote
the health, safety and welfare of the general public.
Additionally, staff noted that the approved site plan shows a dumpster to be screened
from public view and right-of-way. Currently, the dumpster is placed at the driveway and
shipping containers are stacked at site which is prohibited by the City ordinances (pI. see
picture). The City staff will request corrective action for the same.
Zoning Board of Adjustment
October 25, 2007
#V07-006
Page 3 of3
Conclusion:
The application merits review by the Board based upon the parameters set by the
Ordinance.
The Board may consider:
~ Granting the variance and allowing the fence to be relocated in the front yard
setback, reducing front yard setback from 20' to 10'.
~ Denying the variance thereby denying the construction of the front yard fence.
Appeals:
As per Section 106-196 of the Code of Ordinances ofthe 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 ofthe
Board of Adjustment.
CITY OF LA PORTE
ZONING BOARD OF ADJUSTMENT
VARlANCE REQUEST
VO/}-O(j Y,
/0.-0'5-0/7
Br;t.,t'T
Application No.:
OFFICE USE ONLY: Fee: $150.00 Date Received:
Receipt No.:
Note: This Fce is Non-Refundable Regardless of the Board's Decision
.,.
Applicant:
PHOENIX SERVICES
Name
P. O. BOX 919 SITE ADDRESS 3020 NO. 23 RD. ST.
LA PORTE, TEXAS 77572 281-471-6200
Address
Phone
I am the owner of the herein described property. I have authorized .sh(/,I'rI (.J UANlfl5
to act on my behalf in this matter.
Owner*:
M. D. EVANS
Name
P.O. BOX 919
lA PO~TE7 TEXA~ 77571
Address
281-471-6200
Phone
I am requesting a variance to Sect. 106 - 522 of the City Zoning regulations Chapter 106 of the
Code of Ordinance.
I am requesting this variance for property located at 3020 No. 23 rd. S t r e e t
Street Address
LOTS 1-8, and lots 25-]2, BLOCK 673, AND ALLEY CONTAINED BETWEEN THESE
Legal Description
LOTS, T. W. LEE SID, R. PERSALL, A_625, LA PORTE, HARRIS CO., TEXAS
fiSite 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'plkanl is NOT tbe OWner, be must provide Autborizati~~o act o.n tbe ~. :" b.ebalf.
OCTOBER 5, 2007 /~ U4:d./.lh
Date Applicant's Signature
Office Use Only
Site PI:m 2nd Authorization (if applicable) attached? Yes () No ()
Date transmitted to the Board of Adjustments:
Meeting Date:
Applicant Notified of Date:
Notice to surrounding property owners- Date:
Board's Decision:
Approved ( )
Denied ( )
Notice of Boards Decision mailed to Applicant/Owner:
3
TYPE OF RELIEF BEING SOUGHT:
~EDUCE FRONT aETg~CK LINE ~LONC 23ra. 8TREET YROH 20 :YEET TO 10
FEET. THIS IS FOR SECURITY OF THE PROPERTY AND A PROPOSED DETENTION
"
POND THAT WILL EXTEND TO WITHIN 10 FEET OF THE FRONT PROPERTY LINE.
THE GROUNDS FOR THE REQUESTS:
CONSTRUCTION OF A DETENTION POND WITHIN 10 FEET OF THE FRONT
roo ,~\:" '3 ~-? ~-,~ ,'" ~" - - ('tl:1 ,~
PROPERTY LINE IS EXPOSED TO THE PUBLIC, UNLESS FENCE IS PLACED
AT 10 FEET FROM THE FRONT PROPERTY LINE. THIS LEAVES THE OWNER
AND THE CITY OF LA PORTE LIABLE FOR ANYONE FALLING INTO THE POND IF
NOT FENCED. PROPERTY ON EAST SIDE OF 23RD. STREET HAS FENCE ON
PROPERTY LINE, AND ALSO ALONG NORTH "c" STREET. LANDSCAPING
WILL EVENTUALLY HIDE THE FENCE FROM PUBLIC VIEW.
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Disdaimer: The City oILa Potte makes no representation or warranty as to the accuracy of this map and ffs information nor to ffs fitness for use. Any user of this map product accepts the same AS IS,
WITH ALL FA UL TS, and assumes all responsibility for the use thereof, and futther agrees to not hold the City of La Potte liable from any damage. loss. or liability arising from any use of the map product.
Independent verification of all infonnatlon contained on this map should be obtained by the end user.
City of La Porte
604 W Fainnont Parkway
La Porte, TX 77571
(281) 471-5020
wwwlaportetx.gov
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ZONING
~ 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
EXHIBIT
n
...,
,
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(cHf))
Sec. 106-799. Construction, maintenance of electric fences prohibited.
It shall be unlawful for any person owning or controlling any property in the city to
construct, maintain or permit to remain on such property any fence charged with electricity.
It shall further be unlawful for any person to cause any fence situated in the city to become
charged with a current of electricity, to connect any such fence with a source of electricity or
to permit any fence under the control of such person to be connected with a source of electricity.
In any prosecution under this section testimony that any fence was under the control of the
Supp. No.4
CD106:89