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HomeMy WebLinkAbout07-24-08 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment minutes Oath of Office OATH OF OffiCE I, , do solemnly swear (or affmn), that I will faithfully execute the duties of the office of , of the City of La Porte, State of Texas, and will to the best of my ability preserve, protect and defend the constitution and laws of the United States and of this State and the Charter and ordinances of this City; and I furthermore solemnly swear (or affirm) that I have not directly or indirectly paid, offered, or promised to contribute any money, or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation thereof. So help me God. Sworn to and subscnoed before me this the day of Notary Public in and for the State of Texas , " MINUTES ZONING BOARD OF ADJUSTMENT MINUTES OF JULY 24, 2008 Members Present: George Maltsberger, Bob Capen, Rod Rothermel, Lawrence McNeal, (Alt. No.1) and Gilbert Montemayor (Alt. No.2) Members Absent: Chester Pool, 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 JUNE 26, 2008, MEETING MINUTES. Motion by Bob Capen to approve the Minutes of June 26, 2008. Second by Rod Rothermel. The motion carried. Ayes: Nays: Abstain: Capen, Rothermel, McNeal, Montemayor, and Maltsberger None None 3. CONSIDER VARIANCE REQUEST #V08-004 FOR THE PROPERTY LOCATED AT 217 S. NUGENT STREET, FURTHER DESCRIBED BY THE HARRIS COUNTY APPRAISAL DISTRICT AS LOT 9, 10, 11, 12, 13 BLOCK 72, BAY FRONT TO LA PORTE, JOHNSON HUNTER SURVEY, ABSTRACT 35, LA PORTE, HARRIS COUNTY, TEXAS. THE APPLICANT, HERSHEL BUCKMILLER, SEEKS A VARIANCE TO ALLOW THE CARPORT BUILT WITHIN THE SIDE 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 Staffs Report. The applicant, Hershel Buckmiller, has requested a variance to allow an existing, non-permitted, carport of 325 SF to remain in place within the required 5' side yard setback at 217 S. Nugent Street. 22 property owners located within 200' of the subject tract were mailed public hearing notices. The City received two responses in favor of the variance and two were returned undeliverable. B. PROPONENTS Chairman Maltsberger swore in the applicant, Hershel Buckmiller, of 217 S. Nugent. Mr. Buckmiller stated he had a written agreement with a contractor to provide blueprints and obtain city permits to construct a carport. The blueprints were produced and the carport was constructed. Mr. Buckmiller was not aware that a permit had not been obtained until a City Inspector brought it to his attention. He stated he never intended to circumvent the system. Mr. Buckmiller had the carport built to help keep his 99 year old mother-in-law out of the weather when getting in and out of the car. C. OPPONENTS There was no opposition presented. Zoning Board of Adjustment Minutes of July 24, 2008 Page 2 of 2 Motion by Bob Capen to approve Variance Request #V08-004 allowing the existing carport to remain in place within the side yard setback at 217 South Nugent Street with the requirement that a permit be obtained at double the normal fee for non-permitted work. Second by Chester Pool. The motion carried. Ayes: Nays: Abstain: Capen, Rothermel, McNeal, Montemayer, and Maltsberger None 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 provided an update on the progress of Lakes at Fairmont Greens Subdivision and advised the Board that all structures at 200 Garfield have been demolished. Tim Tietjens, Planning Director, invited the Board to attend a key ceremony planned for a HOME Grant recipient at 210 N. 6th Street on July 29 at 11 :00 a.m. 5. BOARD COMMENTS Chairman Maltsberger noted that plans have been approved and permits issued for the next Habitat for Humanity home to be built. 6. ADJOURN Chairman Maltsberger adjourned the meeting at 6:20 p.m. ~ Secretary, Zoning Board of Adjustment , Approved on this M day of ~?t:' ~Iv;~ /G orge Maltsberger Chairman, Zoning Board of Adjustment ,2008. #V08-005 VARIANCE FOR FRONT YARD FENCE AT 3227 RIDGEFIELD EXHIBITS: STAFF REPORT APPLICATION FOR VARIANCE EXHIBIT A - AREA MAP EXHIBIT B - SURVEY & SITE PLAN EXHIBIT C - SECTION 106-791, CODE OF ORDINANCES EXHIBIT D - PUBLIC NOTICE RESPONSE Staff Report August 28, 2008 Variance Request #V 08-005 Requested by: Aurelio Garcia (property Owner) Requested for: Lot 54, Block 3; Spenwick Place, Section 1, La Porte, Harris County, Texas. Location: 3227 Ridgefield Road Zoning: Low Density Residential (R-1) Back2round: Applicant is requesting a Variance to allow a fence to remain erected on the property line in the front yard setback. The applicant stated that a fence existed at the site for over thirty years but was taken down recently due to removal or replacement of a house at 3227 Ridgefield Road. Upon application to replace or remove the house, the City Officials informed the applicant of the requirements of the current ordinance. The applicant stated that he would comply with the ordinance, but he wanted to keep the fence in place as it already existed at the site. The applicant submitted a Variance request in order to allow a fence to remain in the front yard setback where it borders even with the neighbor's fence. The applicant has submitted photos of the fence on the neighboring property. The City's Code of Ordinances prohibits a fence placed within the front yard setback in the all zoning districts except large lot residential (greater than 1 acre) and lots directly adjacent to Galveston Bay. Staff analyzed the surrounding area and based upon site inspections and the pictures submitted by the applicant, the following is noted: . As seen in the photos, the existing block containing the residence has existing fences in the front yard setback (Photos to be presented at the meeting). . The requested fence would be in line with the fence of an abutting property owner. . The front portion of the fence in question was an extension of an existing fence constructed in the side yard setback. The standard front yard setback requirement in residential zones for single family detached dwellings is 25'. Per Section 106-791 of the Code of Ordinances, no fence, structure, grading, or barrier hedges shall be permitted within any front yard areas except in the case of large lot residential lot with one or over acre. Board of Adjustment August 28, 2008 #V08-005 Page 2 of3 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 coriformity 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 defines fence as ". . . the manmade structural barrier erected on or around a piece of property." 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, 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. Regarding this request, the relief being sought to: . Allow construction/relocation of a fence in the front yard setback. 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. The issues to consider are impact on neighboring property and the best public interest. In this case, it appears that the fence will serve to provide a uniform setback of adjacent properties and should not be injurious to the public. The applicant wishes to keep the fence in place by obtaining a City building permit; however, staff is unable to issue a permit based on the conflict with the zoning regulations. Board of Adjustment August 28, 2008 #V08-005 Page 3 of3 Conclusion: Appeals: In reviewing 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 1 06- 192. Staff finds 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 and safety of the property may be considered in this regard. The Zoning Board of Adjustment's final consideration is whether granting 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. 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 remain on the property line in the front yard setback 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. >- Denying the variance thereby denying placement of the fence in the front yard setback. 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.: OFFICE USE ONLY: Fee: $150.00 Date Received: Receipt No.: Note: This Fee is Non-Refundable Regardless of the Board's Decision VO~"oOS I,,;)..q-og 1;2.3~(ote Applicant: ~LtI-t(lO (-)Qrl~Ov . Name CJ1D4 k"j Lu:tkOf'\ 'bfr ln~ Tt7f;J1 ddress X3d __ 5i'I-dTlf-~ Pboneg3~-Gfl3..JSc::> D 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. oUhe City Zoning regulations Chapter 106 of the Code of Ordinance. A 'd h LJ h ~ I am n'q uesting this variance for property located at~.;I1 . I ~{' -e Or- -+e ,~l15 S eet Address Legal Description () Site Plan () Major Devdopment 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,plieant is NOT th e owner, he must provide AuthO~_ act on the Owner's behalf_ 1-JQ-Or;? ~~ Date Applicant's Signature Office Use Only Site Phn 2nd Authorh.ation (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 Hoards 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 tile 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 you feel the Board should consider. FACTS RELEVANT TO THIS MATTER: tv€' iJud ti 116M Q m (fllid (::~) . j~d + lG c{r~{ d b ~J CAw tj /hhLP IU (JJ~LS- . ~R- Z~()~ d\~~~ ~cJ :~~ .. VClUh~ ~. a-.Jf~. -b aA-~.'. h ,. 'C: . t ~. -\1~ ~U/ lo+ ~ ~old- ~C-L AncJ -to b~ -f1+~ c!uwf), As S iJQ[J as 'f{....e-. ~l'MS-t'- (VDS placed ~ 4-iu> Lcl u)~ DU+ ~'-Q -Cr-LfVLf ~hC c:> hort. L{jO ',- I. f j,{J\'i-Bu t1~ f05fs as ~ ()k-J f()VLoLJ u.J('!~ ~~:~d it ~ ~ a 1/ ~L;~1~ ne ~. I ~y . I-~ pr6J' d . A ...:. .(1 . he+- Q hcu! -LAY-erJ !Q..u~ L.tf. ~j..{+ ref0((d I v / G~ ()Ll VI (,ILl S -e. LAJOj] V\il ~jJ ~ ! 0 + . ! LV-€ b /1 J -{1"5 Jvd q{t-ed S I . i-tM~, M ~lJ Lu~~ {{~w ~ y\-D--0 ct(u ~ ~\ l~. we..' LUDYf 0." 001 \A- rJ-C/\ ~ \.{I./~ 3 TYPE OF RELIEF BEING SOUGHT: ~o relief ,S6l-LSIv+I}J6W. be ~ ~ 1 K- (;) , ,f i311~ JJjfh J . THE GROUNDS FOR THE REQUESTS: i::C'1~2aL) ().J~(~~{f~lX'd FVIClf ~ /VIm~ S:\CPShare\INSPECTION DIVISION\Stand:ml Forms\ZONING BOARD Y ARIANCE.doc REVISION 1012]/03 RYC .. t ~'". .flle 'i~_;f ,~ -T" ..........-""'" .. N ~W~E 'W SPENCER HWY I ",~ ,~ ." .. t Lot 45 Lot 46 SCALE: 1 " 30' Set ST - 70.00' 1/2" I.R. w/Cap 5' U.E. ____2:.~0~~____ 0 Lot 54 0 0 q m Block 3 m ~ ~ Lot 53 Lot 55 .- (0.2394 Acre) .- , I I I- (VACANT) l- n::: :.:J 0 0 Z (f) 25' B.L. 35.51' 70.00' P.C. Fnd. 1/2" I.P. Bearing Control Fnd. 1" P.T.P. WEST - 70.00' .g' P.C. Fnd. 1" I.R. Bearing Control CQJ.7 RIDGEFIELD ROAD (60' R.O.W.) Note: This survey was performed without benefit of a tiUe commitment and may not show aU deed restrictions, easements, building lines and other matters of record. Notes: - Basis for Bearings: NORTH R.OW. LINE OF RIDGEFIELD ROAD - Distances shown are ground distances. - All abstracting done by title company. - All B.L.'s & U.E.'s taken from recorded plat unless otherwise noted. - All fences are 6' wood unless otherwise noted. - Dimension ties from improvements to property lines are calculated and should NOT be relied upon for constnuction and/or removal of any improvements including fences. - BUilding dimensions may not be used to calculate square footage. - This property subject to any and all recorded and unrecorded easements. Surveyor has made no investigation or independent search for easements of record, encumbrances, restrictive covenants or ownership title evidence. This property appears to be out of the 100 year flood plain, & in insurance rate map zone X, as per map 48201 C0940L Dated: 06-18-07 This determination to be used for fiood insurance rate purposes ONLY and is NOT to be relied upon for ANY other purpose. Surveyor makes no representation as to whether property may Flood. I hereby certify that this survey under my supervision was this day made on the ground and that this plat correctly represents the property legally described hereon (or on attached sheet). That the facts found at the time of this survey show the improvements and that there are no visible encroachments apparent on the ground, except as shown,to best of my knowledge, surveyed 03-17-08. OJ-20-08 HN . WILEY, R., RP L.S. No. 5928 Date This survey is certified for this transaction only, is not transferable to additional institutions or subsequent owners. If this survey does not bear an original BLUE seal it is invalid and should not be relied upon for any purpose. LOT: BLOD\: SUBDIVISION: PURCHASER: 11lLE: COf.lPANY: HARRIS TEXAS 54 3 SECTION: SPENWICK PLACE RECORDA nON: VOL. 42, PG. 64 OF MAP RECORDS COUNTY: AURELIO GARCIA LA PORTE ADDRESS: 322q.RIDGEFIELD ROAD C;.F. # DaRam Engineers, Inc. 5455 Dashwood, Suite 700 Bellaire, Texas 77401 (713) 528-1552' FAX (713) 529-8997 SURVEYED BY: EP DRAWN BY:BS DRAWING NO.: 3229 RIDGEFIELD S 106-773 LA PORTE CODE (2) Construction and landscaping material currently being used on the premises; (3) Off-street parking of passenger vehicles and light trucks, as defined in this chapter; (4) Firewood, compost, or residential lawn and garden tools. Sees. 106-774-106-790. Reserved. DIVISION 4. FENCING AND LANDSCAPING REQUIREMENTS Sec. 106-791. Front yard areas. No fences, structures, grading, or barrier hedges shall be permitted within any front yard areas except in the case of large lot residential lots, or in the case of lots with a front yard directly adjacent to the shoreline of Galveston Bay, as provided in section 106-792. Sec. 106-792. Large lot residential lots. In the case of large lot residential lots, six feet perimeter fences are permitted as an accessory use. In the case of lots with a front yard directly adjacent to the shoreline of Galveston Bay, four feet front yard fences are permitted parallel and adjacent to the side lot lines. However, such fences shall not be permitted on the front lot line directly adjacent to Galveston Bay, and shall only be constituted of chain link. These exceptions do not permit structures, grading, or barrier hedges. Sec. 106-793. Fences in side and rear yards. Within side yards and rear yards, fences of not higher than six feet excluding six-inch rot boards and walls 42 inches high or less shall be permitted. Sec. 106-794. Fences and trees on utility easements. Fences or trees placed upon utility easements are subject to removal at the owner's expense if required for the maintenance or improvement of the utility. Trees on utility easements containing overhead '\-vires shall not exceed ten feet in height. Sec. 106-795. Maintenance of fences. Both sides of the fence must be maintained in good condition by the owner of the fence. Sec. 106-796. Barbed wire fences. Barbed wire fences shall not be permitted, used or constructed except in industrial districts or to control livestock as hereinafter provided. Supp. No.9 CDI06:88 Zoning Board of Adjustment Meeting August 28, 2008 As of August 22, 2008, we have received no public response.