HomeMy WebLinkAbout05-22-08 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment
Minutes of the Meeting
ZONING BOARD OF ADJUSTMENT
MINUTES OF MAY 22,2008
Members Present:
George Maltsberger, Bob Capen, Lawrence McNeal, (Alt. No.1) and Gilbert
Montemayor (Alt. No.2)
Members Absent:
Rod Rothermel, Chester Pool, and Charles Schoppe
City Staff Present:
Masood Malik, City Planner; Tim Tietjens, Planning Director; Clark Askins,
Assistant City Attorney and Peggy Lee, Secretary
1. CALL TO ORDER.
Chairman Maltsberger called the meeting to order at 6:00 p.m.
2. CONSIDER APPROVAL OF THE APRIL 24, 2008, MEETING MINUTES.
With no additions or deletions, the Minutes of April 24, 2008, were approved as presented.
Ayes:
Nays:
Abstain:
Maltsberger, Capen, Montemayer, and McNeal
None
None
3. CONSIDER VARIANCE REQUEST #V08-003 FOR THE PROPERTY LOCATED AT 615 STATE
HIGHWAY 146, FURTHER DESCRIBED BY THE HARRIS COUNTY APPRAISAL DISTRICT
AS LOTS 1-16, 19-32, AND ADJOINING ALLEY, BLOCK 337, JOHNSON HUNTER SURVEY,
ABSTRACT 35, LA PORTE, HARRIS COUNTY, TEXAS. MR. ALVIN ONCKEN, ON BEHALF
OF JON LORING, OWNER OF UTILITY TRAILER SALES SOUTHEAST TEXAS, INC., SEEKS
APPROVAL TO ERECT A FENCE ON THE PROPERTY LINE WITHIN THE FRONT YARD
SETBACK. THIS VARIANCE IS BEING SOUGHT UNDER THE TERMS OF SECTION 106-192
(b) (2) OF THE CODE OF ORDINANCES.
A. STAFF PRESENTATION
Masood Malik, City Planner, presented Staff's Report. The applicant, Alvin Oncken, on
behalf of Jon Loring, owner of Utility Trailer Sales Southeast Texas, Inc. has filed an
application requesting approval of a Variance to erect a fence on the property line within
the front yard setback at 615 SH 146.
Seventeen property owners located within 200' of the subject tract were mailed public
hearing notices. The City received one response from the mail-out that was in
opposition.
B. PROPONENTS
Chairman Maltsberger swore in Mr. Jon Loring, owner of Utility Trailer Sales Southeast
Texas, Inc., San Leon, TX. He requested favorable consideration to allow the fence to be
located as close to the property line as possible.
C. OPPONENTS
There was no opposition presented.
Board Member, Lawrence McNeal wanted to ensure that the fence location would not cause a
line of sight issue for traffic turning right from "E" Street onto SH 146 feeder.
Zoning Board of Adjustment
Minutes of May 22, 2008
Page 2 of 3
Motion by Bob Capen to grant Variance #V08-003 allowing a fence to be located within 10" from
the front property line at 615 State Highway 146. Second by Gilbert Montemayor. The motion
carried.
Ayes:
Nays:
Abstain:
Maltsberger, Capen, Montemayer, 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 NONCONFORMING USE REQUEST #NCU08-001 FOR THE PROPERTY
LOCATED AT 3337 CANADA ROAD, FURTHER DESCRIBED BY THE HARRIS COUNTY
APPRAISAL DISTRICT AS TRS 692 AND 693, LA PORTE OUTLOTS, W.M. JONES SURVEY,
ABSTRACT 482, LA PORTE, HARRIS COUNTY, TEXAS. STUART ROSEN, ON BEHALF OF
TEXAS CARGOWAYS, LLC, PROPERTY OWNER, SEEKS APPROVAL TO EXPAND A
PARKING LOT AND ADDITIONAL IMPROVEMENTS TO THE PROPERTY. THIS REQUEST
IS BEING SOUGHT UNDER THE TERMS OF SECTION 106-263 OF THE CODE OF
ORDINANCES.
A. STAFF PRESENTATION
Masood Malik presented Staff's Report. The applicant, Mr. Stuart Rosen, on behalf of
Texas Cargoways, LLC has filed a nonconforming use request seeking approval to
expand the parking lot at 3337 Canada Road.
Eight property owners located within 200' of the subject tract were mailed public hearing
notices. The City did not receive any responses from the mail-out.
B. PROPONENTS
Chairman Maltsberger swore in Mr. John Deboben, 2508 Swift, Houston, TX. He spoke
about the new tenant and the value to the City to bring them here. They need a first
class warehouse and the proposed improvements would be of mutual benefit.
Chairman Maltsberger swore in Stuart Rosen, Mustang Rd., Brenham, TX.
Mr. Rosen, representing AGCO Corporation, spoke of the building being a tired, old
structure. The requested improvements would visually enhance the property.
C. OPPONENTS
There was no opposition presented.
Board members wanted assurance that improvements that were discussed would be done. John
Deboben offered to put the proposed improvements in writing.
Motion by Bob Capen to approve NCU #08-001 for the property located at 3337 Canada Road for
the expansion of a structure occupied by a non-conforming use by enlargement of the parking lot
on the subject property, subject to the development site plan being submitted to the Planning
Department and approved, which shall include but not be limited to the following conditions:
1. Expand/enlarge parking area
2. Repave parking area to control dust
Zoning Board of Adjustment
Minutes of May 22, 2008
Page 3 of 3
3. Painting of the facility exterior with a neutral earth tone color
4. Connect to the City's sanitary sewer and eliminate on-site septic system
5. Landscaping/screening and weed control
Second by Lawrence McNeal. The motion carried.
Ayes:
Nays:
Abstain:
Maltsberger, Capen, Montemayer, McNeal
None
None
Assistant City Attorney, Clark Askins read aloud from Section 106-196 of the Code of
Ordinances, which addresses Appeals.
5. ADMINISTRATIVE REPORTS
At the Board's request, new Planning Director, Tim Tietjens briefly spoke about his personal
background.
Mr. Malik presented an update on developments in the City:
· Lakes at Fairmont Greens moving forward.
. Jack-in-the-Box under construction along Fairmont Pkwy and Underwood and a new gas
station next door.
. Shopping center proposed along Underwood Road next to Tony's BBQ.
. Quality Inn along Fairmont Pkwy at Driftwood has an estimated time of completion of
September 2008.
· New business along S. Broadway - What-a-Wing.
6. BOARD COMMENTS
Chairman Maltsberger spoke about the letter Board Members received informing them of the
City's branding campaign. He thought the letter was somewhat confusing. Mr. Tietjens shared
with the Board what he knew about the City's efforts to date.
7. ADJOURN
Motion to adjourn by Chairman Maltsberger. The meeting adjourned at 7:00 p.m.
Submitted by,
~
Secretary, Zoning Board of Adjustment
Cff~
,2008.
Approved on this ..!lkday of
George Maltsberger
Chairman, Zoning Board of Adjustment
#SE08-001
SPECIAL EXCEPTION
FOR
SIDE YARD SETBACK ON A CORNER LOT
@ 50 FOREST AVENUE
EXHIBITS:
STAFF REPORT
APPLICATION FOR SPECIAL EXCEPTION
EXHIBIT A - AREA MAP
EXHIBIT B - PLOT PLAN
EXHIBIT C - PHOTOS
EXHIBIT D - CODE OF ORDINANCES, SECTION 106-333,
TABLE B, RESIDENTIAL AREA REQUIREMENTS, FOOTNOTES #5
EXHIBIT E - PUBLIC NOTICE RESPONSES
Staff Report
June 26, 2008
Requested by:
Requested for:
Location:
Zonilll~:
Backeround:
Special Exception Request #SE08-001
Bayway Homes, Inc.
Side yard setback requirement on a comer lot
50 Forest Ave.
(Block 15; Lot 6; Sylvan Beach 1 sl Addition, La Porte)
Low Density Residential (R -1 )
To develop in the Low-Density Residential (R-l) zoning district, the City's
minimum 50' lot width and minimum lot area of 6,000 sq. ft. are needed. In
addition, minimum yard setbacks are Front 25', Rear 15', and Sides 5'
(adjacent to public right-of-way is 10'). Typical lot size in the old Town of
La Porte is (50'x125') 6,250 square feet. Due to a comer lot, total area of
the subject lot equals 6,202 sq.ft. The property is further described as Lot 6,
Block 15, Sylvan Beach 1 sl Addition, Volume 3, Page 72, Map Records of
the Harris County, Johnson Hunter Survey, Abstract 35, La Porte, Harris
County, Texas. (See Exhibit A). The property in question is located at the
northwest comer of Forest Avenue and Oregon Avenue (a.k.a Willow Ave.).
Minimum yard setbacks for single-family detached are Front 25', Rear 15',
and Sides 5'. In developing a comer lot, zoning regulations require a
minimum ten-foot (10') setback on the side that adjoins a public right-of-
way (Oregon Avenue). The survey/plot plan shows front building line at 35',
rear setback 27', and 5'-1" on the side. In lieu of 10' side setback adjoining
public right-of-way, the plan shows 5'. The applicant proceeded with
selecting a home design and the development of construction plans
anticipating special exception on a comer lot.
The site meets the above referenced requirements; however, as a comer lot
on Forest Avenue and Oregon Avenue, it shall comply with the the required
10' side lot setback when adjacent to the right-of-way. The plan is to build a
1741 sq. ft. structure with a width of approximately 40'. After the required 5'
setback is added to the east side of the property, the 10' side setback
requirement at Oregon A venue cannot be met. Therefore, the developer is
requesting a 5' Special Exception to the side yard setback requirement on a
comer lot.
In this case, the applicant's plans only provided a five-foot (5') setback in
lieu of the required ten-foot (10'). The applicant is requesting a five-foot
(5') Special Exception to the side yard requirement on a comer lot. Granting
of this exception would allow a five-foot (5') setback in lieu of the standard
ten-foot (10') requirement.
Board of Adjustment
June 26, 2008
#SE 08-001
Page 2 of3
Analvsis :
Conclusion:
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.
The applicant's request is based on Section 106-191 (b )(2)( c), which states
the following:
. To deviate yard requirements in the following circumstances: a yard
exception on corner lots.
The applicant recognizes contributing factors played a role in this situation.
The initial factor was the property survey's lack of reference regarding
building setback requirements and subsequently, the developer did not
contemplate the requirement for 10' side building lines on comer lots. The
developer has stated that, there are number of structures built in the area
having 5' side building lines and allowing an exception to the side set back
would not create a visual obstacle for vehicular traffic or motorists. For
similar reasoning and for neighborhood consistency, it does not violate the
spirit of the ordinance. In addition, 35' front yard setback in lieu of25' shall
allow to preserve existing trees and visual clearance to the motorists or
turning vehicles.
Based on the facts noted above, the Board is charged with deciding whether
the applicant's request for a five-foot (5') comer lot yard exception is
"reasonable" and that the granting of the special exception will not adversely
affect the value and use of adjacent or neighboring property, or be contrary
to the public's best interest.
Since Staff s responsibility is to enforce applicable City codes and
ordinances, we note that the applicant's proposal conflicts with zoning
regulations. However, staff also recognizes the uniqueness and intent of the
ordinance is to address sight visibility for vehicular traffic and to establish a
safe setback from through traffic movement. Staff research shows that based
on the speed limits and curve radii at the referenced intersection, the
additional 10 feet of front setback for the proposed side lot setback request
will result in no encumbrances to the sight triangle.
Board of Adjustment
June 26, 2008
#SE 08-001
Page 3 of3
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. CA., 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.
OFFICE USE ONLY:
CITY OF LA PORTE
ZONING BOARD OF ADJUSTMENT
SPECIAL EXCEPTION REQUEST
Application No.: ~c. 6 g' - 0 0 I
Date Received: 12 / (p
Receipt No.: I () :$ 73 '-/
This Fee is Non-Refundable Regardless of the Board's Decision
Fee: $150.00
Note:
Applicant:
[? j.f dJt t t.~ 5'
Name
/}-JlVjk-7i S'.
) "f cPJ'" C, 1~I'C-<-t.Vr.1S-L< rf.!:.lYJ /.Jid tj ZC Z PH: y ? :J;7 ?/.. 4~l.1
Address ;:;2lc~S....,J:.'Ct'''' 'f)., ??S~.;;c
I am the owner of the herein described property. I have authorized t"}N471~C=of ~l':tJU
to act on my behalf in this matter.
Owner" :
./34'Y t:.v""" l'hu'Vi. t5- S' ; v-' e .
Name
l'tly f r:-JJ-i~~~l7J/?! ,fh~ (Jf.-t)"l) " PH: ;J- y/ e: &.1" y t9;;!S'
Address r Q u:- ~~ t..>-fl~ Y).., 7? ~'"1f4
I am requesting a Special Exception to Sect. of the City Zoning regulations Chapter 106
ofthe Code of Ordinance.
I am requesting this Special Exception for property located at
J() F())2It-~S;-,
Street Address
/J i- i<.. ) S" k;)- & .s- '-:'i. J/ ~ :1 (:::..+t! H .
Legal Description
( ) Minor Development Site Plan
() General Plan
Wite Plan
( ) Major Development Site Plan
A Site Plan of the property is attached. Also, I have listed the information requested below on the
following pages ofthis form.
a) All facts concerning the matter that has led up to this request.
b) The type ofreliefI 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 on the Owner's be .
0'- 6- "of~ -::?-~.
Date Applicant's Signature
Office Use Only
Site Plan and Authorization (if applicable) attached? Yes 0 No 0
Date transmitted to the Board of Adjustments:
Meeting Date:
Applicant Notified of Date:
Board's Decision:
Approved ( )
Denied ()
Notice of Boards Decision mailed to Applicant/Owner:
2
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 TillS MATTER:
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City of La Patte
604 W Fairmant Parkway
La Porte, TX 77571
(281) 471-5020
www./aportetx.gov
La Porte GIS Mapping
05/12/2008 10:55
2815482452
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ZONING
S 106-333
3. The minimum setback adjacent to any utility easement located in a rear yard, shall be
three feet. No portion of any building including projections of any nature shall
encroach into any utility easement or vertical projection of the easement boundary.
4. Where adjacent structures within the same block have front yard setbacks different
from those required, the front yard minimum setback shall be the average of the
adjacent structures. If there is only one adjacent structure, the front yard minimum
setback shall be the average of the required setback and the setback of only one
adjacent structure. In no case shall the minimum front yard setback exceed 30 feet.
5. All side yards adjacent to public R.O.W.'s must be ten feet.
6. In the case of zero lot line housing, the side setback opposite the zero lot line must be
ten feet.
7. D.U.A. is an abbreviation for dwelling units per acre, or the ma.x:J.mum density
permitted.
8. All structures except slab on grade, shall be placed on a foundation system described
as: An assembly of materials constructed below or partially below grade, not intended
to be removed from its installation site, which is designed to support the structure and
engineered to resist the imposition of external forces as defined by the Standard
Building Code, or in the case of industrialized housing, the requirements of the TDLS.
Such foundation system shall be skirted or enclosed with wood or masonry to give the
appearance of a solid foundation, if one is not provided, compatible with the appear-
ance of adjacent housing, and subject to the requirements of the Southern Building
Code.
9. See article V, division 4 of this chapter for additional requirements.
10. No sign shall be located in a sight triangle so as to obstruct traffic visibility at a level
between three feet and six feet as measured above adjacent road grade.
11. In the case of multifamily residential developments with 50 or more units, said
complexes must be located at least 1,000 feet from other multi-family residential
developments of 20 or more units.
12. Within the building setback, there must be a ten-foot opaque screen consisting of
shrubs and fencing. (See section 106-334(i) for screening and fencing requirements.)
13. Residential developments that are townhouses, quadruplexes, or multi-family dwell-
ing units must have a minimum of 25 percent landscaping.
14. Multifamily residential developments adjacent to single-family residential develop-
ments must establish a 25-foot buffer between the two developments. This buffer is in
addition to the setback as established by this table.
15. In the case of multifamily residential developments, no off-street parking shall be
placed within the required setback, or within the required additional 25-foot buffer
Supp. No. 13
CDI06:49
EXH!BJl lJ
There were nine (9) public notices mailed and no
responses received to date.
EXHIBIT E