HomeMy WebLinkAbout12-04-08 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment
Minutes of the Meeting
Members Present:
Members Absent:
City Staff Present:
ZONING BOARD OF ADJUSTMENT
MINUTES OF DECEMBER 4, 2008
Charles Schoppe, Chester Pool, Bob Capen, Rod Rothermel, Lawrence McNeal,
(All. No.1) and Gilbert Montemayor (All. No_ 2)
George Maltsberger
Tim Teitjens, Planning Director; Masood Malik, City Planner; Clark Askins,
Assistant City Attorney; and Shannon Green, Secretary; Councilman Moser, and
Planning and Zoning Commissioner Les Bird.
1. CALL TO ORDER.
Vice Chairman Bob Capen called the meeting to order at 6:04 p.m.
2. CONSIDER APPROVAL OF THE NOVEMBER 6,2008, MEETING MINUTES.
Motion by Gilbert Montemayor to approve the Minutes of November 6, 2008. Motion seconded
by Charles Shoppe. The motion carried.
Ayes:
Nays:
Abstain:
Charles Schoppe, Chester Pool, Bob Capen, Rod Rothermel. and Lawrence
McNeal, (A1t. NQ. 1)
None
None
3. CONSIDER SPECIAL EXCEPTION REQUEST #SE08-002 FOR THE PROPERTY LOCATED
AT 11318 NORTH 'P' STREET BEING TRS 311A, 311B & 311C, LA PORTE OUTLOTS, CITY
OF LA PORTE, HARRIS COUNTY, TEXAS. FRANKIE PERIOU, THE APPLICANT, SEEKS AN
EXCEPTION FROM LARGE LOT DISTRICT AREA REQUIREMENTS FOR MINIMUM LOT
SIZE AND LOT WIDTH IN ORDER TO SUBDIVIDE THE PROPERTY. THIS EXCEPTION IS
BEING SOUGHT UNDER THE TERMS OF SECTION 106-191 (B) (4) OF THE CODE OF
ORDINANCES.
A. STAFF PRESENTATION
Masood Malik, City Planner, presented Staff's Report. The applicant, Frankie Periou,
owns a 1.86 acre tract located at 11318 North P Street in Lomax. The applicant wants to
subdivide the property in its present shape to build a family house on the undeveloped
parcel of land.
Eleven property owners located within 200' of the subject tract were mailed public
hearing notices. The City received two responses in favor and one against the exception.
B. PROPONENTS
Frankie Periou, of 11318 North P Street, addressed the Board. Ms. Periou explained
how she wanted to build a second home on the property for her daughter.
Les Bird, of 10518 Eagle Rock, was in favor of the special exception.
C. OPPONENTS
Greg Dibello, of 11439 North P Street, addressed the Board. Mr. Dibello was concerned
the property owner would build a subdivision if the Special Exception were granted.
Motion by Rod Rothermel to approve Special Exception Request #SE08-002 with the condition
the lot with existing house shall be 90' wide, 200' deep and additional lot shall have 98' frontage
along the public roadway. Motion seconded by Lawrence McNeat The motion carried.
Ayes:
Nays:
Abstain:
Charles Schoppe, Chester Pool, Bob Capen, Rod Rothermel, and Lawrence
McNeal, (Alt. No.1)
None
None
Zoning Board of Adjustment
Minutes of December 4, 2008
Page 2 of 4
Assistant City Attorney, Clark Askins read aloud from Section 106-196 of the Code of
Ordinances, which addresses Appeals.
4. CONSIDER SPECIAL EXCEPTION REQUEST #SE08-003 FOR THE PROPERTY LOCATED IN
THE 111>00 BLOCK OF NORTH 'P' STREET BEING TRS 327, 334 & 347 OUT OF LA PORTE
OUTLOTS.ENOCH BRINSON SURVEY, ABSTRACT NO.5, LA PORTE, HARRIS COUNTY,
TEXAS. THE CITY OF LA PORTE, AS OWNER OF THE PROPERTY, SEEKS SPECIAL
EXCEPTION FROM LARGE LOT DISTRICT AREA REQUIREMENTS FOR MINIMUM LOT
WIDTH. THIS EXCEPTION IS BEING SOUGHT UNDER THE TERMS OF SECTION 106-191 (B)
(4) OF THE CODE OF ORDINANCES.
A. STAFF PRESENTATION
Mr. Malik presented Staffs Report. As part of La Porte's Comprehensive Plan and the F-101
Master Watershed Improvement Plan, expansion of the F101 106-01 channel system is
recommended to help ease drainage issues in the Lomax area and to serve future
developments.
The City sold the adjacent surplus property and divided the property into its present
config u ration.
Sulzer Hickham adjacent landowner and a company located at 11518 old La Porte Road, is
the successful bidder of Tract 1 and 2 adjacent to the F-101 channel. The company will
purchase an easement from the city to cross the drainage channel.
Tim Tieljens, Planning Director, added Sulzer Hickham would build an employee parking lot
and an access road to North P Street. The parking lot will be used by employees only and
will be gated. The access road will be used for emergency evacuations.
B. PROPONENTS
There were no proponents.
C. OPPONENETS
Mark Pool of 1401 Lemon Lane, addressed the Board. Mr. Pool was concerned about
continuing to have access to the Right-Of-Way if the Special Exception were granted. Staff
explained to Mr. Pool the R-O-W he was concerned about would not be affected.
Motion by Rod Rothermel to grant Special Exception Request #SE08-003. Motion seconded by
Charles Shoppe. The motion carried.
Ayes: Charles Schoppe, Chester Pool, Bob Capen, Rod Rothermel, and Lawrence McNeal,
(Alt. No.1)
Nays: None
Abstain: None
Assistant City Attorney, Clark Askins read aloud from Section 106-196 of the Code of
Ordinances, WhiCh addresses Appeals.
5. CONSIDER SPECIAL EXCEPTION REQUEST #SE08-004 FOR THE PROPERTY LOCATED IN
THE 11000 BLOCK OF NORTH 'P' STREET BEING TRS 327, 334 & 347 OUT OF LA PORTE
OUTLOTS, ENOCH BRINSON SURVEY, ABSTRACT NO.5, LA PORTE, HARRIS COUNTY,
TEXAS. THE CITY OF LA PORTE, AS OWNER OF THE PROPERTY, SEEKS SPECIAL
EXCEPTION FROM LARGE LOT DISTRICT AREA REQUIREMENTS FOR MINIMUM 'LOT
WIDTH. THIS EXCEPTION IS BEING SOUGHT UNDER THE TERMS OF SECTION 106-191 (B)
(4) OF THE CODE OF ORDINANCES.
A. SIAFFPRESENTATION
See item #4 on the agenda. This item was presented in conjunction with SE08-D03.
Zoning Board of Adjustment
Minutes of December 4, 2008
Page 3 of 4
B. PROPONENTS
See item ff.4.
C. OPPONENETS
See item #4.
Motion by Rod Rothermel to grant Special Exception Request #SE08-004. Motion seconded by
Charles Shoppe. The motion carried.
Ayes:
Charles Schoppe, Chester Pool, Bob Capen, Rod Rothermel, and 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.
6. CONSIDER VARIANCE REQUEST #V08-OO7 FOR THE PROPERTY LOCATED AT 326
SPENCER LANDING WEST, FURTHER DESCRIBED BY THE HARRIS COUNTY APPRAISAL
DISTRICT AS LOT 19, BLOCK 2, SPENCER LANDING SUBDIVISION, SECTION 1 (AMENDED.,
LA PORTE, HARRIS COUNTY, TEXAS. SHEILA AND CLAYTON VERDIN, PROPERTY
OWNERS, SEEK A VARIANCE TO ALLOW CONSTRUCTION OF A PATIO THAT
ENCROACHES 6' 3" INTO A 16' UTILITY EASEMENT IN THE REAR YARD. THIS VARIANCE IS
BEING SOUGHT UNDER THE TERMS OF SECTION 106-192 (b) (2) OF THE CODE OF
ORDINANCES.
A. STAFF PRESENTATION
Mr. Malik presented Staff's report. The applicants Sheila and Clayton Verdin of 326 Spencer
Landing West are requesting a Variance to continue to build a concrete patio over a utility
easement.
B. PROPONENTS
Clayton Verdin, of 326 Spencer Landing West, addressed the Board. Mr. Clayton informed the
Board he submitted a letter to the Inspections Division stating he would take full responsibility for
any and all costs involved in the removal of concrete at any time deemed necessary to repair
utility lines. Mr. Clayton would install two pads that could be removed anytime someone needed
to work in the covered area.
Steve Parrish, of 318 Spencer Landing West, spoke in favor of the variance request.
C. OPPONENETS
There were no opponents.
Motion by Charles Shoppe to grant Variance Request #V08-007 with the provision that construction
joints shall be installed for a 6' 3" portion of patio slab within 16' utility easement in the rear yard.
Motion seconded by Rod Rothermel. The motion carried.
Ayes: Charles Schoppe, Chester Pool, Bob Capen, Rod Rothermel, and Lawrence
McNeal, (All. No.1)
Nays: None
Abstain: None
Assistant City Attorney, Clark Askins read aloud from Section 106-196 of the Code of
Ordinances, which addresses Appeals.
Zoning Board of Adjustment
Minutes of December 4, 2008
Page 4 of 4
7. ADMINISTRATIVE REPORTS
There were no reports.
8. BOARD COMMENTS
There were no comments
9. ADJOURN
Motion by Charles Shoppe to adjourn the meeting. Motion seconded by Lawrence McNeaL The
motion carried.
Vice Chairman Capen adjourned the meeting at 7:45 p.m.
nnon Green
Secretary, Zoning Board of Adjustment
Approved on this ilday of 9~AA'!~
/1Z-.(l~
Bob Capep/'
Vice Chairman, Zoning Board of Adjustment
,2009.
#V08-008
VARIANCE
FOR
REAR & SIDE YARD FENCE @
327 SPENCER LANDING EAST
EXHIBITS:
STAFF REPORT
APPLICATION FOR VARIANCE
EXHIBIT A - AREA MAP
EXHIBIT B - SURVEY & SITE PLAN
EXHIBIT C - SECTION 106-793, CODE OF ORDINANCES
EXHIBIT D - PUBLIC NOTICE RESPONSE
Staff Report
January 22, 2009
Variance Request #V08-008
Requested by:
Requested for:
Location:
Zonin2:
Back2round:
Analvsis:
William E. Dickerson (Property Owner)
Lot 22, Block 2, Spencer Landing Section 2, La Porte, Harris County, Texas.
327 Spencer Landing East
Low Density Residential (R-I)
The subject property is located at the northwest comer of Spencer Landing East and
Spencer Landing Lane in Spencer Landing, Section 2. Harris County Appraisal District
records show the land area as 6,500 square feet with a one-story brick and frame house.
The primary residence has 1,784 square feet of living area, which was built in 1999.
After Hurricane Ike, the applicant constructed a new rear and side yard fence that
exceeds the maximum allowable height limits. The applicant constructed the fence in
accordance with the Covenants, Conditions and Restrictions for Spencer Landing
Subdivision which state," No side or rear fence, wall, or hedge shall be more than eight
(8) feet high. All fences must be constructed of ornamental iron, wood, or masonry at
least six (6) feet in height."
However, Section 106-793 of the City's Code of Ordinances states, "... fences of not
higher than six feet excluding six-inch rot board shall be permitted within side yards and
rear yards." The applicant, subsequent to a code enforcement violation notice, applied
for a variance to allow the current fence with a height of eight (8) feet to remain in place.
Section 106-192(b)(I), of 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 manrnade 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.
Zoning Board of Adjustment
January 22, 2009
#V08-008
Page 2 of3
"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 fence height may create an aesthetic problem with adjoining
properties.
A survey of surrounding properties shows that this non-compliance with the ordinance is
not typical to the neighborhood. The fence was built without City consultation and
stands in violation of the ordinance. In reviewing 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. Staff
does not find 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 standard lot size within subdivisions throughout the City.
The Board'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.
Conclusion:
Variance Request #V08-008 to allow an existing fence of eight feet in height to remain in
place is contrary to the provisions established by the Code of Ordinances. In addition,
the parameters for the requested variance do not appear to meet the provisions
established by Section 106-192.
While recognizing the circumstances associated with the property, the Board could
consider:
· Allowing the existing fence to remain in place (variance granted).
· Require the owner to reduce the height of the fence (variance denied).
Zoning Board of Adjustment
January 22, 2009
#V08-008
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 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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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 oftbe Board's Decision
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Applicant:
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Name
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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
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 ;;27 s Pe/t,..,....i::q i2- L.fJ,,, 7::>;1/,1(; e4 s..,-
Street Address
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Legal Description
() Site Plan
() Major Development Site Plan
( ) Minor Development Site Plan
M General Plan r:6 /1,../(,:& H 12"1611 r
A Site Plan of the property is attached. Also, I have listed tbe information requested below on tbe
following pages of tbis form.
a) All facts concerning the matter that bas 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 applitant is NOT the owner, he must provide Authorization to act on the Owner's behalf.
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Date' Applicant's Signature
Office Use Only
Site Phn and 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:
2
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 TIDS MATTER:
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GROUNDS FOR THE REQUEST:
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NOTES
1) SUBJECT TO ANY ANO ALL EASEMENTS AND BUILDING SET BACK LINES
AS SET FORTH AND RESERVED IN THE RESTRICTIVE INSTRUMENTS LISTED
IN SCHEDULE "B" OF THE TITLE COMMITMENT.
2) H. L. '" P. COMPANY AGREEMENT FOR UNDERGROUND
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SURVEYOR'S NOTE: Offsets to fences ora 10 approximate centerline;
Bearings ore bosed on record Plot/Dead information; Survey Con(rol
Monuments are indicated os IRf" or IPF; Surveyor makes no cluirns us lu Iho
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~ 106-773
LA PORTE CODE
(2) Construction and landscaping material cun-ently 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 wires 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
CD106:88
Zo~ Board of Adjustment
(Type of Meeting)
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A Meeting of the La Porte
Scheduled for
January 22, 2009
(Date of Meeting)
to Consider
Variance Request #V08-008
(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:
N (0 -( fl;{)tf2 () Ale A:l +() L~ _~
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I ~ OPPOSED to ~anting this request for the following reasons:
E. /~, C)OIJcK
Name (please print)
cf;~<fL<I'c 1S:::Z
Signature
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City, State, Zipl (
I
Zo~ Board of Adjustment
(Type of Meeting)
A Meeting of the La Porte
Scheduled for
January 22, 2009
(Date of Meeting)
to Consider
Variance Request #V08-008
(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:
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I am OPPOSED to granting this request for the following reasons:
K:'fk M ~k.,. LI\
Name (please print)
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Signature
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Address
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City, State, Zip