HomeMy WebLinkAbout08-28-08 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment
Minutes of the Meeting
ZONING BOARD OF ADJUSTMENT
MINUTES OF AUGUST 2S, 200S
Members Present:
George Maltsberger, Chester Pool, Bob Capen, Rod Rothermel, Lawrence
McNeal, (Alt. No.1) and Gilbert Montemayor (Alt. No.2)
Members Absent:
Charles Schoppe
Masood Malik, City Planner; Clark Askins, Assistant City Attorney and Shannon
Green, Secretary
City Staff Present:
1. CALL TO ORDER
Chairman Maltsberger called the meeting to order at 6:02 p.m.
2. ADMINISTER OATH OF OFFICE TO RE-APPOINTED MEMBERS, LAWERENCE MCNEAL
(ALTERNATE 1) AND GILBERT MONTEMAYOR (ALTERNATE 2).
Clark Askins administered the oath to Mr. McNeal and Mr. Montemayor.
3. CONSIDER APPROVAL OF THE JULY 24, 200S, MEETING MINUTES.
Motion by Rod Rothermel to approve the Minutes of July 24, 2008. Motion seconded by Bob
Capen. The motion carried.
Ayes:
George Maltsberger, Chester Pool, Bob Capen, Rod Rothermel, Lawrence
McNeal, (Alt. No.1)
None
None
Nays:
Abstain:
4. CONSIDER VARIANCE REQUEST #VOS-005 FOR THE PROPERTY LOCATED AT 3227
RIDGEFIELD ROAD, FURTHER DESCRIBED BY THE HARRIS COUNTY APPRAISAL
DISTRICT AS LOT 54, BLOCK 3, SPENWICK PLACE, SECTION 1, VOLUME 42, PAGE 64,
MAP RECORDS OF HARRIS COUNTY, LA PORTE, HARRIS COUNTY, TEXAS. THE
APPLICANT, AURELIO GARCIA, SEEKS A VARIANCE TO ALLOW AN ERECTED FENCE TO
REMAIN IN PLACE 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, Aurelio Garcia, has
requested a variance to allow a fence to remain erected on the property line, of 3227
Ridgefield Road.
21 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 one was returned
undeliverable.
B. PROPONENTS
Chairman Maltsberger swore in applicants, Mr. and Mrs. Aurelio Garcia, of 3227
Ridgefield Road. Mrs. Garcia stated she and her husband purchased a modular home
from Cherry Homes and she had received the necessary permits to move her new home
on to their property. The movers were required to take down a portion of their front fence
to get the home on to the property. They tried to build the existing fence back and
Zoning Board of Adjustment
Minutes of August 28, 2008
Page 2 of 2
discovered it to be damaged. They purchased a new fence, which is when the inspector
informed them they were not in compliance with the current ordinance. The City of La
Porte did not inform them they would loose their right to put the fence back up.
C. OPPONENTS
There was no opposition presented.
Motion by Rod Rothermel to approve Variance Request #V08-005 allowing a fence constructed
on the property line in the front yard setback to remain in place at 3227 Ridgefield Road. The
Board recommended the permit fee at double the normal fee for non-permitted work be waived.
Motion seconded by Lawrence McNeal. The motion carried.
Ayes:
George Maltsberger, Chester Pool, Bob Capen, Rod Rothermel, Lawrence
McNeal, (Alt. No.1)
None
None
Nays:
Abstain:
Assistant City Attorney, Clark Askins read aloud from Section 106-196 of the Code of
Ordinances, which addresses Appeals.
5, ADMINISTRATIVE REPORTS
Mr. Malik provided an update on the progress of Lakes at Fairmont Greens Subdivision.
Mr. Malik provided an update on new projects in town, Candlewood Suites (behind the 1200
Building) is almost complete. Fairmont Shopping Center is close to getting approval. The city
has received plans for a photo shop, banquet hall, donut shop, and a restaurant in the Fairmont
Shopping Center. Jack in the Box is planning a grand opening on Sept 30, 2008. Shell service
station at Underwood and Fairmont Parkway is constructing a new station with four lease spaces.
6, BOARD COMMENTS
There were no comments from the board.
7. ADJOURN
Chairman Maltsberger adjourned the meeting at 6:25 p.m.
Submitted by, ;/J /
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Shannon Green
Secretary, Zoning Board of Adjustment
Approved on this L day of NoV'tlttb-vL- ,2008.
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George Maltsberger
Chairman, Zoning Board of Adjustment
#V08-006
VARIANCE
FOR
FRONT YARD FENCE AT 601 & 613
NORTH BROADWAY
EXHIBITS:
STAFF REPORT
APPLICATION FOR VARIANCE
EXHIBIT A ~ AREA MAP
EXHIBIT B - SURVEY & SITE PLAN
EXHIBIT C - SECTION 106-797(2), CODE OF
ORDINANCES
EXHIBIT D - PUBLIC NOTICE RESPONSE
Staff Report November 6, 2008
Variance Request #V 08-006
Requested by: Walter Johnson, La Porte Commercial Properties, LLC.
Requested for: Lots 17 thru 24, Block 327; Town of La Porte, Johnson Hunter Survey,
Abstract 35, La Porte, Harris County, Texas.
Location: 601 & 613 North Broadway
Zonm!!: General Commercial (GC)
Back2round: Applicant is requesting a variance to allow a fence to remain erected 10'
from the front property line along North Broadway. The property is zoned
General Commercial (GC) and the City's Code of Ordinances prohibits a
fence being erected within the required landscape portion of any yard or 20'
front yard setback in the commercial zoning districts.
The new fence constructed at site was not shown on the site plan approved
by the City. In addition, the fence has been erected prior to issuance of any
fence permit by the City. Upon application to receive occupancy certificate,
the City Officials informed the applicant of the requirements of the current
ordinance and provision of an approved site plan. The applicant stated that
he would comply with the ordinance, but he wanted to keep the fence in
place, which matches with the neighboring fence to the north of this site.
The site development plan for this property was approved in 2007. The
property on lots 9 thru 16 of block 327 has been developed as per approved
plan, showing two 4,000 square foot office/warehouse buildings with two
driveways along North 1 sl Street. The buildings at lots 17-24 of block 327
have not been constructed. A 6' high chain link fence protecting buildings at
North 1 sl Street and two driveways are in place along North Broadway.
The applicant has submitted a variance request that seeks permission to
reduce the standard front yard setback requirement in order to keep a newly
constructed fence at 10' off front property line instead of 20'required by the
ordinances. According to the applicant, front yard fence with a rolling gate
is desired for the safe and secure operation of the business in this area. In
addition, the fence is constructed and aligned with the adjoining fence to the
north.
Staff analyzed the surrounding area and based upon site inspections and
visual from the street, noted the following:
Board of Adjustment
October 23,2008
#V08-006
Page 2 of4
Analvsis:
· A pressure wash company located at 625 North Broadway has
existing fence within the front yard off 10' setback from the property
line.
· Versa Cold (formerly P&O Cold Logistics) across the street has
existing fences in the front yard setback.
· The property at 519 North Broadway has a chain link fence within
the front yard setback. In addition, there is a pre-existing and non-
conforming structure.
· The property across the street at 630 North Broadway has several
code violations and pending court cases for non-compliance with the
applicable ordinances.
The standard front yard setback requirement in General Commercial zoning
district is 20'. The application's submittal also includes a survey/site plan
showing the location of a fence with a request for "specific" fence setback of
ten foot instead of twenty foot from the property line. It should be noted that
if the applicant's request is granted, the ZBOA will be determining the
deviated or "reduced" front yard setback whichever is appropriate.
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
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.
Board of Adjustment
October 23, 2008
#Y08-006
Page 3 of4
Conclusion :
Regarding this request, the relief being sought is similar to the circumstance
covered by the terms of the Variance Section.
. Allow newly constructed fence to remain at 10ft. off the property line
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 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.
In this case, it appears that the fence will serve to provide safety and security
to the businesses intended to move or relocate to this area. In addition, it may
prohibit any vandalism and loitering in the area. The intent is to provide
conducive environment for the safe operation ofthe businesses in the area.
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:
Board of Adjustment
October 23,2008
#V08-006
Page 4 of 4
Appeals:
~ Granting the variance and allowing the fence to remain in the front
yard setback, reducing front yard setback from 20' to 10' with the
stipulation that a City permit is obtained at double the normal fee
for non-permitted work as allowed by the building codes.
~ Denying the variance thereby requiring removal of the fence from
the front yard setback area.
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 AlliANCE REQUEST
ECEIVE
StP 2 3 2008
Application No.:
OFFICE USE ONLY: Fee: $150.00 Date Received:
Receipt No.:
Note: This Fee is Non-Refundable Regardless of the Board's Decision
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Applicant:
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Name
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Address 1-1,1 Po 1"- T I;
775 '/ /
'71 3 ?99 &;000
Phone
I am the owner ofthe herein described property. I have authorized
to act on my behalfin this matter.
Owner*:
Name
Address
Phone
I am requesting a variance to Sect. of the City Zoning regulations Chapter 106 ofthe
Code of Ordinance.
I am requesting this variance for property located at 6 t7 1
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Legal Description
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Street Address
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() Site Plan
() Major Develo ment Site Plan
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A S 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 applicant is NOT the owner, he must provide Authorization to act on the Owner's behalf.
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ApplicantU Signature
Office Use Only
Site Phn and Authoriz.ation (if applicable) attached? Yes () No ()
( ) Minor Development Site Plan
~ General Plan
9-10- uY
Date
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:
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A vatriaiiceis a " deviati~ri from the literal provisions of the Zoning Ordinance." The City's
Board br Adjustments maYJ~6T .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 ofthe 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 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 adequate 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:
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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
CDI06:88.1
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) of this 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
A Meeting of the La Porte
Zoning Board of Adjustment
(Type of Meeting)
Scheduled for
October 23, 2008
(Date of Meeting)
to Consider
Variance Request #V08-006
(Type of Request)
I have received notice of the above referenced public hearing.
I am in F AVO R of granting this request for the following reasons:
I am OPPOSED to granting this request for the following reasons:
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Name (please print)
~ - "M'CV-~
Signature "-
2- 0 I B <u -Iso ws CUr If Lv J
Address
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p~Si0ZiP/<r' N1
A Meeting of the La Porte
Zoning Board of Adjustment
(Type of Meeting)
Scheduled for
October 23,2008
(Date of Meeting)
to Consider
Variance Request #V08-006
(Type of Request)
I have received notice of the above referenced public hearing.
I am in FA VO R of granting this request for the following reasons:
7" J..I E it'D SO) ;'0 ) N 6 pj':tc) ? '~-fl..:r \.} if r.a s
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I am OPPOSED to granting this request for the following reasons:
WIi ~7Gfl- .l, J.-1"J\) So 0 '-'
Name (please print)
pI' a~A~~---
(/ Signature
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Address
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City, State, Zip
77>"'1/