HomeMy WebLinkAbout06-26-08 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment
ZONING BOARD OF ADJUSTMENT
MINUTES OF JUNE 26, 2008
Members Present:
George Maltsberger, Rod Rothermel, Chester Pool, Charles Schoppe, Lawrence
McNeal, (Alt. No.1) and Gilbert Montemayor (Alt. No.2)
Members Absent:
Bob Capen
Masood Malik, City Planner; Tim Tietjens, Planning Director; Clark Askins,
Assistant City Attorney and Peggy Lee, Secretary
City Staff Present:
1. CALL TO ORDER.
Chairman Maltsberger called the meeting to order at 6:00 p.m.
2. CONSIDER APPROVAL OF THE MAY 22, 2008, MEETING MINUTES.
Motion by Chester Pool to approve the Minutes of May 22, 2008. Second by Charles Schoppe.
The motion carried.
Ayes:
Nays:
Abstain:
Pool, Schoppe, Rothermel, Maltsberger, and McNeal
None
None
3. CONSIDER SPECIAL EXCEPTION REQUEST #SE08-001 FOR THE PROPERTY LOCATED
AT 50 FOREST AVENUE, FURTHER DESCRIBED BY THE HARRIS COUNTY APPRAISAL
DISTRICT AS LOT 6, BLOCK 15, SYLVAN BEACH FIRST ADDITION, JOHNSON HUNTER
SURVEY, ABSTRACT 35, LA PORTE, HARRIS COUNTY, TEXAS. THE APPLICANT,
BAYWAY HOMES, INC., SEEKS AN EXCEPTION OF 5 FEET BUILDING SETBACK FROM A
SIDE YARD REQUIREMENT OF 10 FEET ADJACENT TO PUBLIC RIGHT-OF-WAY FOR A
CORNER LOT. THIS EXCEPTION IS BEING SOUGHT UNDER THE TERMS OF SECTION
106-191 (2) (C) OF THE CODE OF ORDINANCES.
A. STAFF PRESENTATION
Masood Malik, City Planner, presented Staff's Report. The applicant, Bayway Homes,
Inc., has requested an exception of five feet for the side yard setback requirement in lieu
of the standard ten foot side yard setback requirement for a corner lot adjacent to a public
right-of-way for the property located at 50 Forest Avenue. The applicant's plot plan
shows a 35' front yard setback instead of the required 25' front yard setback in order to
preserve existing trees and provide visual clearance for motorists.
Staff expressed concern with allowing the building to be located so close to the road.
Nine 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 Charles Anders, 1408 S. Friendswood Dr. #202,
Friendswood, TX. Mr. Anders, representing Bayway Homes and Bayou Housing,
addressed the Board. At the time the property was purchased, the survey did not include
a reference to the side yard setback requirement for the corner lot. He added there are
Zoning Board of Adjustment
Minutes of June 26, 2008
Page 2 of 2
other existing structures in the area with five foot side setbacks. He requested the Board
consider approving the exception request.
Mr. Anders responded to questions from the Board.
C. OPPONENTS
There was no opposition presented.
Motion by Rod Rothermel to approve Special Exception Request #SE08-001 allowing a five foot
side yard building setback for a corner lot adjacent to a public right-of-way at 50 Forest Avenue in
lieu of the standard ten foot setback requirement. Second by Chester Pool. The motion carried.
Ayes:
Nays:
Abstain:
Rothermel, Pool, Maltsberger and McNeal
Schoppe
None
Assistant City Attorney, Clark Askins read aloud from Section 106-196 of the Code of
Ordinances, which addresses Appeals.
4. ADMINISTRATIVE REPORTS
Mr. Malik reported that City Council had recently agreed to deed several properties to Habitat for
Humanity. As a prominent member of that organization, Chairman Maltsberger thanked the City
for all of their effort in getting this accomplished. He also complemented the Inspection Division
for their fine work and professionalism while assisting with this effort.
Mr. Malik presented an update on developments in the City:
.
Lakes at Fairmont Greens Section I moving forward
Jack-in-the-Box and a new Shell gas station under construction along Fairmont Pkwy
and Underwood
.
5. BOARD COMMENTS
There were no comments from the Board.
6. ADJOURN
Chairman Maltsberger adjourned the meeting at 6:28 p.m.
Submitted by,
PI2~
Secretary, Zoning Board of Adjustment
Approved on this :J::1L day of 4,
~be~
Chairman, Zoning Board 0 Adjustment
,2008.
#V08-004
VARIANCE
FOR
CARPORT AT 217 S. NUGENT STREET
EXHIBITS:
STAFF REPORT
APPLICATION FOR VARIANCE
EXHIBIT A - AREA MAP
EXHIBIT B - SURVEY & SITE PLAN
EXHIBIT C - SECTION 106-771, CODE OF ORDINANCES
EXHIBIT D - PUBLIC NOTICE RESPONSE
Staff Report
July 24, 2008
Variance Request #V08-004
ReQuested by:
ReQuested for:
Location:
Zonin2:
Back2"round:
Analvsis:
Mr. Hershel Buckmiller (Property Owner)
Lot 9, 10, 12 & 13, Block 72, Bay Front to La Porte, Johnson Hunter Survey, Abstract
35, La Porte, Harris County, Texas.
217 S. Nugent Street
Low Density Residential (R-1)
Per the Harris County Appraisal District (HCAD) record, this residential single-family
house was built in 1978 with land area of 6,250 S. F. The primary residence with total
living area is 1,244 S. F. A carport behind the house and garage to the rear of the house
were built with the house. Recently, a carport with approximately 325 S.F. was added
within the side yard. The total square footage under roof, therefore, equals almost 40%,
the maximum allowable lot coverage for single family detached dwelling units per
Section 106-333, Table B, of the Code of Ordinances. In addition, the carport was
constructed within the required 5' side setback and without issuance of a City permit.
Per Section 106-771 (4), the front and side yard carports shall be permitted for single-
family detached houses 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.
b. Carports located on comer lots shall not be located closer than twenty-five feet an
intersection.
c. The maximum width of a carport located in a required front or side yard shall be
twenty-five feet.
In this case, carport is constructed about two feet off the side property line in violation of
the Section 106-771 (4)(a). To be in compliance with the City ordinance, therefore, the
current structure of 325 S. F. (13 'x25') under roof would have to be reduced by 3' in
width (l0'x25').
This variance requests seeks to allow the carport to remain in place. The owner states
that a carport built recently would allow a senior resident enough shield from other
elements, safe and secure place to get to the ride. Owner also states that the carport is
build with big expense out of fixed income and removal of some portion or tear it down
may cause him financial loss.
Section 106-192(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
EXHIBIT A
Zoning Board of Adjustment
July 24, 2008
#V08-004
Page 2 of3
Section 106-1 defines carport as "...a roofed structure, freestanding or attached to
another structure designed to provide covered parking for vehicles, with no enclosing
walls, and must be located directly over a driveway."
Except as otherwise prohibited, the board is empowered to authorize a variance from a
requirement when the board fmds 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, financial considerations or
caprice, and the hardship must not result from the applicant or property owner's own
actions; and
.:. That by granting the variance, the spirit of the chapter will be observed.
In determining if granting the applicant's request would be contrary to the public interest,
Staff recognizes that the development of the carport may create a visual obstruction issue
with the adjoining properties.
A survey of surrounding properties shows that this non-compliance with the ordinance is
typical to the neighborhood. The carport was built without the City permit and stands in
violation of the City ordinance. In viewing the specific grounds for granting a variance,
Staff points out that the condition, as it exists, was the ".. . result of the applicant or
property owner's own actions..." contrary to the provisions of Section 106-192. We
also find 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." This lot represents a typical
example of property within subdivisions throughout the City.
Based on the facts noted in this report, the applicant's request would appear to be
contrary with the spirit of the ordinance, by allowing carport within 5'setback from the
side property line.
Conclusion:
Variance Request #V08-004, which seeks a variance for 3' side setback of a standard
6,250 S. F. lot by allowing an existing, non-permitted, carport of 325 S.F. to remain in
place, is contrary to the provisions established by Section 106-771 (4) of the Code of
Ordinances. In addition, the parameters for the requested variance do not appear to meet
the provisions established by Section 106-192 (variances).
Zoning Board of Adjustment
July 24, 2008
#V08-004
Page 3 of3
While recognizing the circumstances associated with the property, the Board could
consider:
. Allowing the existing structure to remain in place (variance granted) with the
stipulation that a City permit is obtained at double the normal fee as allowed by
the building code for a non-permitted work.
. Allowing the owner to reduce the carport width by 3'. (Variance Denied),
leaving a covered structure of250 sq. ft. (l0'x25') after obtaining a City permit
at double the normal fee for a non-permitted work and the resulting structure,
again, must meet Code.
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 ofthe decision in the office of the
Board of Adjustment.
CITY OF LA PORTE
ZONING BOARD OF ADJUSTMENT
VARlANCE 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
V~r - 00 'i
&/3 D
IJ :2 a 0/ ;:l.
Applicant:
tI e Y 5 it e.l "B. "B u..e-k m'l l 'e. r
Name
.-IfISo. JJ u-~e AI 1" L aPo'r te.) Te'l.o..s
Address
2.ctl- 410-.l1? 13
Phone
I am the owner ofthe herein described property. I have authorized
to act on my behalf in this matter.
Owner*:
He.rsheJ B. Bu_ej((\!\.; i \e...
Name
:2./7 So. JJ u-~S~.j la Po,... t'e.- Tq..d-s 11571 c2.'? i- t{ 70- 2<g7 3
Address Phone
I am requesting a variance to Sect. I (J fo.- /'1 I of the_City Zoning regulations Chapter 106 of the
Code of Ordinance. .
I am l-cquesting this variance for property located at 2..1 7 ~ 0 ~Al u...~ e (l T
Str Address
'i; l}Jjle.. Fa.~\\'I .Vwe.1 \ ~(\'1.
. Legal Description
() Site Plan
() Major Devrlopmcnt 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 ofreliefI am seeking (setbacks, lot coverage, etc.).
c) The grounds upon which I am making this request.
* If al:plh:ant is NOT the owner, he must provide Authorization to act on the Owner's behalf.
fo-"3D- D'2
Date
:Jr: fi: g.a~-<-Pd4
Applicant's Signature
Office Use Only
Site PI:m and Authorization (if applicable) attached? Yes () No ()
Date transmitted to the Board of Adjustments:
Meeting Date:
Applicant Notified of Date:
Notice to sUI-rounding property owners- Date:
Board's Decision:
Approved ( )
Denied ( )
Notice of Boards Decision mailed to Applicant/Owner:
TYPE OF RELIEF BEING SOUGHT:
Variance to the set back rule
THE GROUNDS FOR THE REQUEST:
The company I contracted with to build the carport was supposed to get a city permit before work was
to begin . They erected the carport & I assumed that every thing was fine until Mike Collins with the
inspection dept called me. All my efforts to contact this contractor have been futile. My wife & I are
the sole care providers for her mother who is 98 years old & we thought a carport would help shield
her from the elements when we try to get her down the steps & into the car. My wife & I are retired and
on a fixed income & the $3,OOOwe spent to build the carport was a big: expense on us, but if we have to
pay to tear it down it will cause us real financial hardship.
S:CPSare\lNSPECTIONDIVISION\Standard Forms\ZONING BOARD VARIANCE.doc REVISION 10/21/03 RYC
\
~
~
-:r,.
Vi:-
~
Legend
Raillines
--- Drainage Channels
Q Property Lines
It; City Limits
Disclaimer The City ofLa Porte makes no representation or warranty as to the accuracy Of this map and ~s infolmation nor to ~s fitness for use. Any user of this map proauct accepts the same AS IS.
WITH ALL FA ULTS, and assumes all responsibility for the use thereof and further agrees to not hold the City of La Porte liable from any damage, loss, or liability arising from any use of the map product.
Independent verification of all information contained on this map should be obtained by the end user
City of La Porle
604 W Fairmont Parkway
La Porte, TX 77571
(281) 471-5020
wwwfaportetx.gov
La Porte GIS Mapping
1 "equals 36 I
9
EXHlBJT A
This property is not located in
the 100 year flood plain, & is
In insurance rate map zone X, '
as per map 48z.o I CCJ340c;,
Dated 9728-"}0
Scale: 1" =.30 '
I
I~ AL..L.~'f
S.2Ir31'00"E - 125.00'
~
"
~
<5
~,
~I
~I
I
~
;.-J
~.
-~ '
II
?;>......
'".: ~ - .. , ,'..'
.. & .,:. T ",_:, . .' :.".; '.~ . l'.
Lot ,1~.. ':LOt. 3
." -... ...,..
Fnd. r',," /..e.
Fnd, 1z" / .e.
LOT 8
BLOCK .72
LOT 11
, LOT 14
." . ,"
. . ..
8
ll)
~
i,
'.jJ
~
~
\1
~CII,
",...
""~
'{' D
~-x
~
o
o
ll)
~
I
W
:::
C)
0'
c '
0)
~
"-
c.o
~
. .;,..
3Z.2'
, I _-I '
., Or;r!::S~!J ~
~ /B'fd< ~
, Frc'nJC; ,
l" ,
"Ii 18,7
/J.:s' , '
~00.2S' : ::.
P",d, '~"/,j;~, '2.$',0'
~
III
7
:.
....
j
:
l
.'
, ,.
; "
: "
" .
\
" , "
" "
.'
~ .- u
I
.3 .J
l- I-
S ~
~
o
~
'0)
~
',,-
CO
<r.)
. .....
'. Po, .~
\' -'~
'/~.4
r:l.
-~
D.
~
\1 UJ
(\J :5
is..:>' ':% ...... 'Z ;;.0
N.'28031'00"W - 125.001
Z;;.4 '
P'l?d. :Yz "/.R .
SOUTH: NUGENT
(50' R.O.W)
Nqte:
-' BasIs for Bearings: assumed os plotted
,.... Distances shown ore ground distances
- All abstracting donet by titlet company
EXHJBll S
I hereby certify that, this survey was mode on the ground under
my supervision on ALJ~, ,,, 1"1'14 and thai this plot represents the
facts found at the time, of survey.
z U I
U~UI
I )5 I -
!:l
'li! . ,OO'SO~_
~ Ii; ~----------------------------------------------------------T
~g~ i,
~~~ -~~
i~g Ui~ ~ j
~g~ ~U~ i~ !
~~~ ~I!~ ~5 ,
-. (i!o ~~ Z I
!E8~ 15 ,,~ lilt;
~a::F; ~~ffi3 c8 i- :
~U ~~!i.; ~~ U)?-~ ~--
:-"'~ ",,81'5ll!1 e;s -Ii 'I
itj ~~~ ~~i:8m ffra Xk
l!:! :;~~ g$~;E~;;I!a UJ;: :
~ ~Q::: ~s~lIlffi ~s I
.J ~ij~ ~I~~~ t;~ ~ :
15 ~1Il~ ~ ~dEj ~h~ !
~ 3s<o ~ ~Ii;ll! ~~~W i
~-
"'!5i
~
g~~
B~~
~ u.I-o~fD
~ .;/ ~~:ii:li'I~b ~
~ ~3: . c:~ffi6o~ ffi
F~~~ ~~ g@~~~8 ~
Sc)-,~ z:~ i3:a.......Gffi 1-
'j:;:<..... ~.o.: .z:~~~~i ~
~i~~-< .~~~o .<~%~ tc
i=d~~~ilc wQ~H~:r.c.8:j ~
~dw~~o:i S:J:~CD@f;3' ~
O~~QOa:~~~";;;i5:::IEW;:W ~
~!~!i~~~z~~i~~~ S
ol:io:;;!l;i~~a;hSiil~5.. !Ii!
itj i:g~3=fB ~~~CD~Wgli!~ CI)
~ w~fi~i~~:e~~g~~~~ ~
~ i~!~~~~~~~~~~mm~
~ ~!i~~~~ri~~~~~i6~i!i i
~ ~~!;~~~:ith~:it;/~~~:it
w
C> "'::N cri. lricci"': cci ai
~~
~~
Z
o
I-
~
UJ
..J
UJ
I-
Z
o
0:::
LL.
I-
0:::
o
0...
o:::?-
<(JI
O~
('f)
Z
o
I-
~
UJ
..J
UJ
l-
LL.
UJ
..J
I-
0:::
o
0...
o:::?-
<(JI
O~
~
!l'
! ~ i
WCl) ~ ~
i~ ~ ~
Ii i ~
~~ t.l S
~~.~ ....
~'" =",'"
CDif~~ _
1Il~S!- "
~~i5~ ~U)
..~S~~~e~
g"ffi/il2S=""'ffi
~!ig!2co:!~~
~~~i~~~u:
'"
e>
z ....J
5::
~ ~
:t:
"'e>
W
0 en
z
~ .......
-
:J CD
....J9 -
.0-/1 OF :x:
()~ ,(:;)
L()
1- _n_____~
"- i
j
!
i
- -- -- --~ ~
i
!
!
i
oJ
~
is
lil
'" "
g ~
~ ~!
I ~ ~
~w ~i Fi~
.0;. ~~ ~~
<0 ~u: ;;l~
~ d .!<~
~ ~!~~~
~ ~lf~8~
== u.diloiilm
:;: ~or;,g<.>
2i ~.....~ow
Ii: .ffi/il~~~
~ rfi~~~~~
~ ~~~~~2
<>!
~ ~ ~
i= ~ ~
~ "" ""
.....
~ w
o gj ::.:
CD 0:: ~
~ w <x:
<..> 8 ::.: C3
1E ~ ~ ~
<2 ~\1 C3 ~
C)
~
d
0::
b
LO
-
Z
<(
..J
0...
0:::
o
o
..J
LL.
I-
0:::
o
0...
o:::b
<(f,
O~
N
~-$
~ 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-l, 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. 150l-II, ~ 7, 3-27-00; Ord. No. 1501-NNNN, ~ 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
CDI06:86
txHiBn~ (,
A Meeting of the La Porte
Zoning Board of Adjustment
(Type of Meeting)
Scheduled for
- - ---=
n lli J:L~ ~2~:; ~
July 24,2008
(Date of Meeting)
By
to Consider
Special Exception - #V08-004
(Type of Request)
I have received notice of the above referenced public hearing.
to granting this request for the following reasons:
ktiA",) cf/tJ6 SO .;tC"
La 4-i~"71775 r
City, State, ip
EXH\B\l \)
A Meeting of the La Porte
Zonin~ Board of Adjustment
(Type of Meeting)
~~@~DW~~
W JUL 182008 W
Scheduled for
July 24, 2008
(Date of Meeting)
By
to Consider
Special Exception - #V08-004
(Type of Request)
I have received notice of the above referenced public hearing.
I am 111 FAVOR of granting this request for the follo\l\mg reasons:
.J ~ . ~ it p /V2 ~ A';f ~J) J -U~ L/11-VU-4AY.
_;1:iZu ~~ 4' ~ knI/
I am OPPOSED to granting this request for the follo'Wmg reasons:
f( 0 8 ~;fr /i; 1.K (7/f
GrZ17~
Signature
202 s: ;()ur;E>>r sT
Address
jet /~I ~ 770-71
City, State, Zip
EXHIBIT 0