HomeMy WebLinkAbout11-06-08 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment
Minutes of the Meeting
ZONING BOARD OF ADJUSTMENT
MINUTES OF NOVEMBER 06, 2008
Members Present:
Charles Schoppe, Rod Rothermel, Lawrence McNeal, (All. No.1) and Gilbert
Montemayor (All. No.2)
Members Absent:
George Maltsberger, Chester Pool, and Bob Capen
City Staff Present:
Masood Malik, City Planner; Clark Askins, Assistant City Attorney and Shannon
Green, Secretary
1. CALL TO ORDER.
Acting Chairman Rod Rothermel called the meeting to order at 6:00 p.m.
2. CONSIDER APPROVAL OF THE AUGUST 28, 2008, MEETING MINUTES.
Motion by Charles Shoppe to approve the Minutes of August 28, 2008. Motion seconded by
Gilbert Montemayor. The motion carried.
Ayes:
Charles Schoppe, Rod Rothermel, Lawrence McNeal, (All. No.1) and Gilbert
Montemayor (All. No.2)
None
None
Nays:
Abstain:
3. CONSIDER VARIANCE REQUEST #V08-006 FOR THE PROPERTY LOCATED AT 601 AND
613 NORTH BROADWAY, FURTHER DESCRIBED BY THE HARRIS COUNTY
APPRAISAL DISTRICT AS LOT 17-24, BLOCK 327, TOWN OF LA PORTE, JOHNSON
HUNTER SURVEY, ABSTRACT 35, LA PORTE, HARRIS COUNTY, TEXAS. THE
APPLICANT, WALTER JOHNSON, SEEKS A VARIANCE TO ALLOW AN ERECTED FENCE
TO REMAIN IN PLACE 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, Walter Johnson,
requested a variance to allow a fence to remain erected 10' from the front of the property
line, of Lots 17 thru 24, Block 327.
Nine property owners located within 200' of the subject tract were mailed public hearing
notices. The City received four responses in favor of the variance.
B. PROPONENTS
There were none.
C. OPPONENTS
There were none.
Zoning Board of Adjustment
Minutes of November 06, 2008
Page 2 of 2
Motion by Charles Shoppe to approve Variance Request #V08-006 allowing a fence constructed
10' from the property line in the front yard setback to remain in place at 601 & 613 N. Broadway.
Motion seconded by Gilbert Montemayor. The motion carried.
Nays:
Abstain:
Charles Schoppe, Rod Rothermel, Lawrence McNeal, (Alt. No.1) and Gilbert
Montemayor (Alt. No.2)
None
None
Ayes:
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 Hurricane Ike aftermath. The City hired
consultants to review properties believed to be damaged by Hurricane Ike.
City Council has recently approved plans for the 5 points plaza development. Plans for a ten-story
office building have been approved.
The next Zoning Board of Adjustment meeting is scheduled for December 4,2008.
6. BOARD COMMENTS
There were no comments from the Board.
7. ADJOURN
Acting Chairman Rod Rothermel adjourned the meeting at 6: 15 p.m.
Submitted by, ~
yC, C t:b/~ 0-.<- _-
Shannon Green
Secretary, Zoning Board of Adjustment
Approved on this ~ day of ~UMib-u1
,2008.
4VA~
C3eorge Maltsberger ..
Chairman, Zoning Board of Adjustment
#SE08-002
SPECIAL EXCEPTION
FOR
LOT SIZE AND LOT WIDTH REQUIREMENTS
LARGE LOT DISTRICT
@ 11318 NORTH 'P' STREET
EXHIBITS:
STAFF REPORT
APPLICATION FOR SPECIAL EXCEPTION
EXHIBIT A - AREA MAP
EXHIBIT B - SURVEY MAP
EXHIBIT C - CODE OF ORDINANCES, SECTION 106-416,
SPECIAL REGULATIONS
EXHIBIT D - PUBLIC NOTICE RESPONSES
Staff Report
December 04, 2008
Special Exception Request #SE08-002
Reauested by: Frankie Periou, Property Owner
Reauested for: Lot Size and Lot Width requirements in the Large Lot District
Location: 11318 North P Street
Lee:al Description: TRS 311A, 311 B, & 311 C, La Porte Outlots
Zonine:: Large Lot District (LL)
Backe:round:
· The applicant owns a 1.86 acre tract located at 11318 North P Street in
Lomax area.
· Existing house has a fenced yard and occupies approx. 0.5 acre lot. In
addition, a 1.36 ac. tract is undeveloped and has access along North P
Street.
· The applicant wants to subdivide the property in its present shape to
build a family house on the undeveloped parcel ofland.
· The subject property is currently zoned Large Lot Residential District
(LL).
· Large Lot District was created due to large acreage in particular and
suburban/rural type of developments in Lomax.
· Provisions of the current ordinance require minimum lot size to be one
acre (43560 sq. ft.) and minimum lot width as 90'.
· On February 23, 2006, the La Porte Zoning Board of Adjustment
considered the applicant's request for a Special Exception (#SE06-
001). The Board approved an exception to the lot size (minimum one
acre) for Large Lot District to allow proposed subdivision and single-
family residence with the stipulation that the subject property (1.86
ac.) is divided evenly, and each lot shall have a minimum of 94 foot
frontage along the public roadway (North P Street). However, there
was no action taken by the applicant in this regard. In addition, the
applicant did not file a petition to appeal to District Court within the
stipulated period (10 days) after the decision of the Board.
Board of Adjustment
December 04, 2008
#SE 08-002
Page 2
Analvsis:
· On November 15,2006, the La Porte Zoning Board of Adjustment met
to consider another Special Exception (#SE06-006) requested by the
applicant for the property located at 11318 North P Street. Again, the
request was for an exception to the lot size (minimum one acre) and lot
width (90 linear feet) for Large Lot District (LL). However, a motion
to approve Special Exception #SE06-006 failed by a 3-2 vote (3 ayes,
2 nays).
· The vote necessary for a decision of the Board of Adjustment is
described as follows from Section 106-195 of the City's Code of
Ordinances:
The concurring vote of four members of the board of adjustment shall be
necessary to reverse any order, requirement, decision, or determination
of the enforcement officer or to decide in favor of the applicant on any
matter upon which it is required to pass under this chapter, or to effect
any variance in this chapter.
· The above referenced action has no impact on the Board's earlier
decision on February 23, 2006, to allow a proposed subdivision and
single-family residence with the provision that the subject property
(1.86 ac.) is divided evenly, and each lot shall have a minimum of 94
foot frontage along the public roadway (North P Street).
Issues involving subdivision of this property in regard to minimum lot size
and minimum lot width are as follow:
Section 106-416(a) - Minimum lot size is one acre (43560 sq. ft.). The total
subject property is 1.86 acres. With the proposed subdivision, one lot would
be approx. 1.36 acres and the other lot, with an existing house, will be 0.5
acres; creating a nonconforming lot.
Section 1 06-416(b) - Minimum lot width is 90'. With the current proposal,
the existing house has a lot width of approx.140'along North 'P' Street. The
proposed lot would have a width of approx. 48' along North 'P' Street,
creating a non-conformity.
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:
a. that one or more lots located in the same block as the subject
property are not uniform in terms of shape and/or size so that any
further subdivision of the subject property cannot be in accordance
with the regulations governing the District;
Board of Adjustment
December 04, 2008
#SE 08-002
Page 3
Conclusion:
b. it can be demonstrated that the subdivision will not circumvent the
spirit of the District regulations, or particularly, the rural character of
the District; and,
c. granting the Special Exception will not be injurious to the value or
e,?joyment of adjacent properties within the District.
The applicant's request is based on Section 106-191 b (4) of the Code of
Ordinances, which states the following:
· To deviate from the minimum lot size and/or width requirements in the
large lot district.
The applicant cited personal reasons for this request, e.g. widow, family
home, maintenance of large acreage etc. Provisions of Section 106-191
provide the flexibility/relief for development challenges of this nature. The
parameters for the requested special exception may meet the provisions
established by Section 106-191 of the Code of Ordinances.
After review of Section 106-191 b (4), this Special Exception would not be
contrary to the public's interest and will not adversely affect the value or use
of adjacent properties. A minor subdivision of this nature would not
resemble a typical conventional subdivision due to the fact that it forms only
two lots; one with an existing house, other with an additional residence
(proposed).
The application merits review by the Board based upon the parameters set by
the Ordinance. The Board may consider:
~ Approving Special Exception and allowing the subdivision of
property as follows:
a) lot with existing house to be 0.5 acre with 140' width, and
b) lot for future home to be 1.36 acres with only 48' width.
(Note: the property shall be replatted and plat to be approved by the City
prior to issuance of building permit).
~ Denying Special Exception and allow the provision of Section 106-
416(a) (b) to remain in place.
Board of Adjustment
December 04, 2008
#SE 08-002
Page 4
Auueals:
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 Acijustment, 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 Acijustment.
CITY OF LA PORTE
ZONING BOARD OF ADJUS
SPECIAL EXCEPTION REQ
Application N
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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I am the owner of the herein described property. I have authorized
to act on my behalf in this matter.
Owner" :
Name
PH:
Address
I am requesting a Special Exception to sect.l9.1- ofthe City Zoning regulations Chapter 106
of the Code of Ordinance. , I.., 1\7 'i\ ''\ D \\ l
I am requesting this Special Exception for property located at II') \) I V 'I . -.) \
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Legal Description - . i -
( ) Site 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! am seeking (setbacks, lot coverage, etc.).
c) The grounds upon which I am making this request.
It If applicant is NOT the owner, he must provide Authorizat' n to act on
/bl7JO -Oy \
Date
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
A Special Exception is a deviation from the requirements of the Zoning Ordinance. Before they
grant a special exception, The Board of Adjustments must determine that the exception is not
contrary to the best public interest and will not adversely affect the value or use of adjoining
property.
Special exceptions may be granted for the following items only:
1) The reconstruction of or addition to a building occupied by a non-conforming use.
Additions cannot extend past the lot occupied by the original structure or use. The
reconstruction or use cannot prevent the property from returning to a conforming use.
2) Deviation of yard requirements under the following circumstances.
a) Exceptions to front yard requirements if front yard setbacks are not met on abutting
pieces of property.
b) Exception to rear yard setbacks if any four (4) lots within a block do not meet
setback requirements.
c) Exceptions to yard requirements on corner lots.
d) Exceptions to front yard requirements if existing front yard setbacks on a block are
not uniform.
3) Waiving or red uction of off street parking and loading req uirements if the Board feels
they are unnecessary for the proposed use of a building or piece of property.
Please remember it is the Applicant's responsibility to prove that a Special Exception 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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EXHIB\1
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~ 106-416
LA PORTE CODE
Subdivision VI. LL Large Lot District
Sec. 106-416. Special regulations.
(a) Minimum lot size:
(b) Minimum lot width:
(c) Minimum yard setbacks (F.R.S.):
(d) Maximum height of primary structure:
(e) Minimum site area/unit:
(f) Maximum lot coverage:
(g) Accessory buildings:
(h) Maximum height of accessory buildings:
(i) Accessory building setbacks:
(j) Number of accessory buildings:
(k) Placement of accessory buildings:
(I) Number of animals:
(m) Detached garage:
(n) Carports width:
(0) Equipment storage:
(p) Exterior storage:
(q) Shipping containers:
(r) Street openings:
(s) Driveways (12'):
(t) Driveways (20'):
(u) Driveways (General):
(v) Public utilities (water):
(w) Public utilities (sewer):
(x) Fire hydrant (coverage):
(y) Fire hydrant (placement):
(z) Animal breeding:
(FFA & 4H)
(Ord. No. 1501-T4, ~ 6(Exh. F), 10-24-05)
Sees. 106-417-106-440. Reserved.
1 Acre
90L.F.
25-15-5
45 feet
1 DU/A
40%
5,000 S.F.
35 feet
10' property line 20' other
structures
Up to 40% coverage
Rear & side yards
Section 106-742
6' (rear) ofPri. Bldg.
Max. 25' front/side yard
Section 106-74l(h)
Section 106-773
Not allowed
Asphalt/open ditch
First 40' dust free
First 20'x20' dust free
Service 1 residence only
Tap public ROW only
Tap public ROW only
500' from residence
Public waterline only
Conditional (Requires SCUP
from the City)
DIVISION 3. COMMERCIAL DISTRICT REGULATIONS
Subdivision I. Generally
Sec. 106-441. Table A, Commercial uses.
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P (ABC) - Permitted uses (subject to designated criteria established in section 106-444).
Supp. No. 13
CD106:58
EXHIBIT C
Scheduled for
IfOJ fE @ fE 0 [JJ fE fn1
1H1 NOV 25 2008 ill
By
=
A Meeting of the La Porte
Planning & Zoning Commission
(Type of Meeting)
December 04, 2008
(Date of Meeting)
to Consider
Special Exception #SE08-002
(Type of Request)
I have received notice of the above referenced public hearing.
I am in FAVOR of granting this request for the following reasons:
I am OPPOSED to granting this request for the following reasons:
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EXHIBIT J
#SE08-003 & 004
SPECIAL EXCEPTION
FOR
LOT SIZE AND WIDTH REQUIREMENTS FOR
LARGE LOT DISTRICT
11000 BLOCK OF NORTH 'P' STREET
EXHIBITS:
EXHIBIT A - STAFF REPORT
EXHIBIT B - AREA MAP
EXHIBIT C - ORIGINAL SUBDIVISION PLAT
EXHIBIT D - PLOT PLAN/SURVEY MAP
EXHIBIT E - CODE OF ORDINANCES, SECTION 106-416,
SPECIAL REGULATIONS
EXHIBIT F - PUBLIC NOTICE RESPONSES
Staff Report
December 04, 2008
Special Exception Requests #SE08-003 &004
Requested by: City of La Porte through Director of Planning
Requested for: Lot size and width requirements in the Large Lot District
Location: 11000 Block of North P Street
Lee:al Description: TRS 327A-l, 334A, 334A-l, 347A, & 347A-l, La Porte Outlots
Zonine:: Large Lot District (LL)
Backe:round:
· As a part of La Porte's Comprehensive Plan and the F-I0l Master
Watershed Improvement Plan, expansion of the F 101-06-01 channel
system is recommended to help ease the drainage issues in the Lomax
area and to serve future developments.
· Several years ago, the owners of 9.8521 acres of land identified as
F101 channel system, submitted a subdivision plan (See Exhibit C) to
subdivide the area needed for channel improvement.
· The City of La Porte negotiated a public fee strip of varying width for
the purpose of storm water conveyance, open channel construction for
the F 101 drainage system, specifically the F 1 0 1-06-0 1 channel and
maintenance.
· The fee strip is across a portion of land out of La Porte Outlots 327,
334 and 347, map or plat recorded in Volume 61, Page 374, D.R.H.C.,
in the Enoch Brinson League, Abstract No.5, La Porte, Harris County,
Texas. The fee strip consists of2.9724 acres.
· During the August 23, 2004, City Council meeting, a question was
raised about the legal prerequisites for filing a condemnation suit
against the owner of several tracts of land in the Lomax area identified
as F 1 0 1-06-0 1.
· Under the Texas Property Code, an entity that has actually filed a
condemnation suit must show that it attempted settlement of, but was
unable to agree with the property owner on a price for the property to
be acquired. Once a condemning entity has decided to proceed with
condemnation, it must attempt to reach a settlement with the
landowner on a purchase price before actually filing its petition in
court.
· The City hired an appraiser to determine its fair market value. The
owner of the land presented a counter appraisal. Ultimately, the case
was settled in the County Commissioner's Court.
· The City ended up purchasing the tracts ofland (7.8521 acres) less two
acres, which was sold by the owner prior to submitting a plat with the
City.
Board of Adjustment
December 04, 2008
#SE 08-003 & 004
Page 2
Analvsis:
· The original Harris County Flood Control District (HCFCD) drainage
easement running north-south is 40'wide. A 100' wide strip was added
to the west for future 140' wide channel system. Similarly, existing
drainage easement of 60' runs east-west, now is 130' drainage channel
for F 1 0 1-06-0 1 drainage system.
· The City sold the adjacent surplus property and divided the property
into its present configuration.
· Sulzer/Hickham Inc., adjacent land owner and a company located at
11518 Old La Porte Road, is the successful bidder of Tract 1 (2.9651
ac.) and Tract 2 (0.4594 ac.) adjacent to the F-101 channel. The
company will purchase an easement from the City to cross the
drainage channel (See Exhibit D).
· There is an additional tract 1.2754 acre to the west of the above
referenced tract, which has a 23' wide ingress/egress easement along
North P Street.
· In October 2005, City Council adopted regulations and boundaries
governing the creation of a Large Lot Zoning District. All of the
properties previously zoned Low-Density Residential (R-1) and Medium
Density Residential (R-2) in the former Lomax area are now classified as
the Large Lot District (LL).
· A minimum lot size of 1- acre (43,560 sq. ft.) and lot width of 90' is
required to develop in the Large Lot District (See Exhibit E).
Issues involving minimum lot size and widths are as follows:
Section 106-416(a) - Minimum lot size is one acre (43560 sq. ft.). Tract 2
equals 0.4594 ac., creating a nonconforming lot size.
Section 106-416(b) - Minimum lot width is 90'. Tract 2 (0.4594 ac.) has a
lot width of23 ft. along North 'P' Street. The additional tract (1.2754 acres)
to the west also has 23 ft. of ingress/egress easement along North 'P' Street.
(Non-conforming lot widths).
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:
a. that one or more lots located in the same block as the subject
property are not uniform in terms of shape and/or size so that any
further subdivision of the subject property cannot be in accordance
with the regulations governing the District;
b. it can be demonstrated that the subdivision will not circumvent the
spirit of the District regulations, or particularly, the rural character of
the District; and,
Board of Adjustment
December 04, 2008
#SE 08-003 & 004
Page 3
Conclusion:
c. granting the special exception will not be injurious to the value or
enjoyment of adjacent properties within the District.
This request is based on Section 106-191 b (4) of the Code of Ordinances,
which states the following:
· To deviate from the minimum lot size or width requirements in the large
lot district.
Staff finds that all of the following conditions are met:
a. That one or more lots located in the same block as the subject property
are not uniform in terms of shape and/or size so that any further
subdivision of the subject property can not be in accordance with the
regulations governing the district;
b. It can be demonstrated that the subdivision will not circumvent the
spirit of the district regulations, or particularly, the rural character of
the district; and,
c. Granting the special exception will not be injurious to the value or
enjoyment of the adjacent properties within the district.
Provisions of Section 106-191 provide the flexibility/ relief for development
challenges of this nature. The parameters for the requested special exception
meet the provisions established by Section 106-191 of the Code of
Ordinances.
After review of Section 106-191 b (4), this Special Exception should not be
contrary to the public's interest and should not adversely affect the value or
use of adjacent properties. A minor subdivision of this nature would not
resemble a typical conventional subdivision and stays within the spirit of the
Large Lot District.
The application merits review by the Board based upon the parameters set by
the Ordinance. The Board may consider:
~ Approving Special Exceptions and allowing the subdivision of
property as follows:
#SE08-003 - Tract 2 (emergency evacuation tract) south of the
drainage channel is 0.4594 acre (lot size) with 23' wide (lot width)
along North 'P' Street, and
Board of Adjustment
December 04, 2008
#SE 08-003 & 004
Page 4
Appeals:
#SE08-004 - Tract of land (1.2754 acres) a lot to the west of the
above evacuation tract/easement with only 23' wide (lot width) along
North 'P' Street.
~ Denying Special Exception and allow the provision of Section 106-
416(b) to remain in place.
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.
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EXHIBIT "0"
NORTH P STRF.'F-T (80' R.OW.)
~ 106-416
LA PORTE CODE
Subdivision VI. LL Large Lot District
Sec. 106-416. Special regulations.
(a) Minimum lot size:
(b) Minimum lot width:
(c) Minimum yard setbacks (F.R.S.);
(d) Maximum height of primary structure:
(e) Minimum site area/unit:
(f) Maximum lot coverage:
(g) Accessory buildings:
(h) Maximum height of accessory buildings:
(i) Accessory building setbacks:
(j) Number of accessory buildings:
(k) Placement of accessory buildings:
(1) Number of animals:
(m) Detached garage:
(n) Carports width:
(0) Equipment storage:
(p) Exterior storage:
(q) Shipping containers:
(r) Street openings:
(s) Driveways (12'):
(t) Driveways (20'):
(u) Driveways (General):
(v) Public utilities (water):
(w) Public utilities (sewer):
(x) Fire hydrant (coverage):
(y) Fire hydrant (placement):
(z) Animal breeding:
(FFA & 4H)
(Ord. No. 1501-T4, ~ 6(Exh. F), 10-24-05)
Sees. 106-417-106-440. Reserved.
1 Acre
90 L.F.
25-15-5
45 feet
1 DU/A
40%
5,000 S.F.
35 feet
10' property line 20' other
structures
Up to 40% coverage
Rear & side yards
Section 106-742
6' (rear) ofPri. Bldg.
Max. 25' front/side yard
Section 106-741(h)
Section 106-773
Not allowed
Asphalt/open ditch
First 40' dust free
First 20'x20' dust free
Service 1 residence only
Tap public ROW only
Tap public ROW only
500' from residence
Public waterline only
Conditional (Requires SCUP
from the City)
DIVISION 3. COMMERCIAL DISTRICT REGULATIONS
Subdivision I. Generally
Sec. 106-441. Table A, Commercial uses.
(
P (ABC) - Permitted uses (subject to designated criteria established in section 106-444).
Supp. No. 13
CDI06:58
(
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EXHIBtT
l\ - L t..-t- Q 8
A Meeting of the La Porte
Planning & Zonin!!" Commission
(Type of Meeting)
Scheduled for
~~@~[jm~~
lJll NOV 252008 W
December 4, 2008
(Date of Meeting)
By
to Consider
Special Exception # SE08-003 & SE08-004
(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:
I am OPPOSED to granting this request for the following reasons:
r s\-{,",o"'4)1~ <>ppC>SP_ o..V\ -e1'~\IY'\.p-\-~un -\-0 d~ S"l z.e a.""j \a.t'\c.L
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City, State, Zip
EXHIBIT
#V08-007
VARIANCE
FOR
PATIO IN THE REAR YARD @
326 SPENCER LANDING WEST
EXHIBITS:
STAFF REPORT
APPLICATION FOR VARIANCE
EXHIBIT A - AREA MAP
EXHIBIT B - SURVEY & SITE PLAN
EXHIBIT C - SECTION 106-771, YARD REQUIREMENTS
CODE OF ORDINANCES
EXHIBIT D - PUBLIC NOTICE RESPONSE
Staff Report
December 04, 2008
Variance Request #V08-007
Requested by:
Requested for:
Location:
Zonine::
Back2round:
Analvsis:
Sheila and Clayton Verdin (Property Owners)
Lot 19, Block 2 of Spencer Landing Section 1, Amending plat, Film Code No.
411005, M. R. H.C., La Porte, Harris County, Texas.
326 Spencer Landing West
Low Density Residential (R-l)
Harris County Appraisal District (HCAD) records show that this property was developed
for a single-family residence in 1998. This is a two story brick and frame house with a
total living area of2,147 sq.ft. Total land area equals 7,123 sq.ft. and lot is located at the
southeast of Spencer Landing West and Spencer Landing Lane adjacent to the detention
basin. The lot has a 5'x20' Aerial Easement plus a 16' Utility Easement in the rear yard.
The applicants have submitted a construction plan for a patio slab (30' wide and 25'deep)
in the rear yard to the City's Inspection Division.
Upon inspection, a City of La Porte violation was issued as the patio slab was extended
into the 16' utility easement within the property's rear yard. Based on the information
received from the applicant, it was initially determined that cement slab/patio would stop
by the building line shown on the survey. Additional survey work/inspection was done to
determine if the slab/patio encroaches into the utility easement. After checking the frame
work and measuring distances, it was determined that the patio/slab encroaches 6' 3" on
the 16' utility easement in the rear yard.
Per City's Code of Ordinance, Section 106-771, yard requirements (2) (3), see Exhibit C
"no portion of any terraces, decks, and patios shall encroach into any utility easement".
This variance requests seeks to allow the current construction of patio slab to remain at
the 6' 3" line encroachment into the 16' utility easement in the rear yard.
Section 1 06-1 92(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 106-771 states that any encroachment of the utility easement shall be prohibited.
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.
Zoning Board of Adjustment
December 04, 2008
#V08-007
Page 2 of3
.:. 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 property may create a problem with
adjoining properties.
A visual and aerial survey of surrounding properties shows that this non-compliance with
the ordinance is not typical to the neighborhood. The patio/slab located in the utility
easement 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
1 06-192. Because of the existence of the easement, we do not find, however,
". . . unnecessary hardship because of exceptional narrowness, shallowness, shape
topography, or other extraordinary or exceptional physical situation unique to the
property in question."
The ZBOA'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 would be
contrary with the spirit of the ordinance in that the rear yard is impacted by the utility
easement.
Conclusion:
Variance Request #V08-007, which seeks a variance for allowing a patio/slab to
encroach 6' 3" of a 16' utility easement in the rear yard is contrary to Section 106-771 of
the City's Code of Ordinances. In addition to adverse impact of encroachment into a
utility easement in the rear yard, the parameters for the requested variance do not, in
staff s opinion, appear to meet the provisions established by Section 106-192 Variances.
While recognizing the circumstances associated with the property, the Board could
consider:
· Allowing the construction of a patio/slab to encroach 6' 3" into the 16' utility
easement in the rear yard (variance granted).
· Directing the owner to either remove or reduce a patio/slab frame from encroaching
upon the utility easement to comply with the ordinance (variance denied).
Zoning Board of Adjustment
December 04, 2008
#V08-007
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.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 ofthe 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.
DD I - 00 00 ~ '-( 08' - 01 OlJ) ....l-t1
f:
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
Vot ~ DOt}
II - l '1-0 g
/ 'd 3LRo
Applicant:
~5kL tI dirt -I- dtr" j/~
Name 1/lJf'-;?f,2-7S/slh
3:;6 S~ ~cl~ tUes/- '01/- 9f'l--J7.1! Ih>
Address rX it)Sit 1- Phone IdJ3 ( uti)
d~,~~
I am the owner of the herein described property. 1 have authorized
to act on my behalf in this matter.
Owner*: 5fw~ f/dk
Name
;1/6 5~,~,M-sl- p'r-"t)~-I7;L/
Address (./ Phone
I am requesting a variance to Sect. I of the City Zoning regulations Chapter 106 ofthe
Code of Ordinance. (? I 17 I
I am requesting this variance for property located at 3.:2h ;Jp.e~ ~~ t."..hy
Street Address
Legal Description
) Site 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.
~ The type of relief I am seeking (setbacks, lot coverage, etc.).
c) . The grounds upon which I am making this request.
* IfappkantisNOTtheowner,hemustprovideAuth . 'onto ctorftheOwner,sbehalf.~
./1-18~{JzY ~
Date
Office Use Only
Site Phn 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:
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hCL-C/L V f>rcl r
THE GROUNDS FOR THE REQUESTS:
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S:\CPShare\INSPECTION DIVISION\Standanl Forms\ZONING BOARD V ARIANCE.doc REVISION 10/21/03 RYC
V-08-007
EXHIBIT ,\
HOSKINS LAND SUR VE YORS, INC.
14450 T.e. JESTER #130, HOUSTON, TEXAS 77014
PHONE 281-440-9236 FAX 281-893-9739
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NOTE: BEARINGS ARE BASED ON
RECORDEIJ PLAT.
PROPERTY SUBJECT TO:
1. RESTRICTIONS: FILM COIJE NO. 411005
M.R.H.C. TX. AND H.C.C.F. NOS. S896183 AND
V934268.
BY GRAPJIifC PLOTTING ONLY, THE
PROPERTY! SHOWN HEREON IJOES NOT
rr... 1I1'r'l"ur:..r 'l"UJi' nJi'C'TJ"'IITJ'l"li'n inn YI1
2. ZONING ORDINANCES BY THE CITY OF
LAPORTE, TEXAS.
II{ t~
.- . EXHIB i1
~ 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. 1501-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
CD106:86
EXHJB11 C
V08-007
No Response
EXH/:B'T D