HomeMy WebLinkAbout01-22-09 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment
MINUTES
ZONING BOARD OF ADJUSTMENT
MINUTES OF JANUARY 22, 2009
Members Present:
George Maltsberger, Chester Pool, Bob Capen, Rod Rothermel, and Lawrence
McNeal, (Alt. No.1)
Members Absent:
Charles Schoppe, and Gilbert Montemayor (A It. No.2)
City Staff Present:
Masood Malik, City Planner; Clark Askins, Assistant City Attorney; and Shannon
Green, Secretary
1. CALL TO ORDER
Chairman Maltsberger called the meeting to order at 6:00 p.m.
2. CONSIDER APPROVAL OF THE DECEMBER 04,2008, MEETING MINUTES.
Motion by Rod Rothermel to approve the Minutes of December 04, 2008. Motion seconded by
Bob Capen. The motion carried.
Nays:
Abstain:
George Maltsberger, Chester Pool, Bob Capen, Rod Rothermel, and Lawrence
McNeal, (A It. No.1)
None
None
Ayes:
3. CONSIDER VARIANCE REQUEST #V08-008 FOR THE PROPERTY LOCATED AT 327
SPENCER LANDING EAST, FURTHER DESCRIBED BY THE HARRIS COUNTY APPRAISAL
DISTRICT AS LOT 22, BLOCK 2, SPENCER LANDING SUBDIVISION, SECTION 2, LA
PORTE, HARRIS COUNTY, TEXAS. BILL DICKERSON, PROPERTY OWNER, SEEKS A
VARIANCE TO ALLOW AN 8' FENCE TO REMAIN IN PLACE EXCEEDING THE 6' MAXIMUM
HEIGHT LIMIT FOR REAR AND SIDE YARD FENCES. 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, Mr. Dickerson of
327 Spencer Landing E, constructed a new rear and side 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.
The applicant requests a variance to allow an existing fence of eight feet in height to
remain in place contrary to the provisions established by the Code of Ordinances.
B. PROPONENTS
Bill Dickerson of 327 Spencer Landing E, addressed the Board. Mr. Dickerson stated
that his fence suffered damage due to Hurricane Ike. He hired a contractor to rebuild the
fence. As the property is a corner lot and directly adjacent to the Spencer Landing Park,
the intent was to build a uniform appearance with the adjourning fence line. The corner
lot has a natural downward slope towards the sidewalk. Due to the unlevel ground, the
fence at the center of his property exceeds the maximum allowed 6' 6" limit by 8".
C. OPPONENTS
There were none.
Motion by Rod Rothermel to approve Variance #V08-008. Motion seconded by Chester Pool.
The motion carried.
Ayes:
George Maltsberger, Chester Pool, Bob Capen, Rod Rothermel, and Lawrence
McNeal, (A It. 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.
Zoning Board of Adjustment
Minutes of January 22, 2009
Page 2 of 2
4. ADMINISTRATIVE REPORTS
Mr. Malik reported the following:
. Construction will soon begin on the new Municipal Court building.
. Retreats at Bayforest North and South Subdivisions will need to be replatted.
5. BOARD COMMENTS
There were no comments
6. ADJOURN
Chairman Maltsberger adjourned the meetin
Shannon Green
Secretary, Zoning Board of Adjustment
Approved on this n day of ~
Af{ $La
George Maltsberger 7
Chairman, Zoning Board of Adjustment
,2009.
#V09-001
VARIANCE
FOR
CARPORT AT 11011 SAN JACINTO DR.
EXHIBITS:
STAFF REPORT
APPLICATION FOR VARIANCE
EXHIBIT A - AREA MAP
EXHIBIT B - SURVEY MAP
EXHIBIT C - SUBDIVISION PLAT
EXHIBIT D - SECTION 106-(4), CODE OF ORDINANCES
LGC 214.133
EXHIBIT E - PUBLIC NOTICE RESPONSE
Staff Report
February 26, 2009
Reauested by:
Reauested for:
Location:
Zonin2:
Back2round:
Variance Request #V09-001
Mr. Guy A. Yeary (Property Owner)
Lots 79, 80, 81, Block 4, Battleground Estates, Section 1, Enoch Brinson Survey,
Abstract 5, La Porte, Harris County, Texas.
11011 San Jacinto Drive
Low Density Residential (R-1)
Per the Harris County Appraisal District (HCAD) record, this residential single-family
house was built in 1960 with land area of 16,500 S. F. The primary residence is a one
story brick and frame house with a total living area of 2,319 S. F. A carport in the front
25' building setback was built with the house. The current owner moved to this house in
1990. The carport is considered to be a pre-existing and nonconforming structure as the
Lomax area was incorporated to the City of La Porte in 1980. Per the applicant, the
carport was damaged by Hurricane Ike and it was being replaced/restructured when work
was stopped. A carport with approximately 675 S.F. (24 ~ 'x 28') is tied to the eve and
is extended to the front yard setback. In addition, the carport is constructed within the
required 25' front yard setback and without issuance of a building permit.
Battleground Estates, Section One, a subdivision of 30 acres in the Enoch Brinson
Survey, Harris County, was recorded on April 3, 1953. The plat shows 25' building line
along all public roadways (copy attached). Per Section 106-4, Code of Ordinances, where
the conditions imposed by any provisions of the zoning ordinance are either more or less
restrictive than comparable conditions imposed by another ordinance, rule or regulation
of the City or private agreement, the ordinance, rule or regulation which imposes the
more restrictive condition, standard, or requirements shall prevail. In this case, building
line or setback line of 25' shall prevail, which means the closest point to any property
line occupied by a structure. However, no building or structure is permitted within 25'
building line.
As per, Local Government Code, Section 214.133, in the area between a street and a
building line established for the street, the erection, re-erection, reconstruction, or
substantial repair of a structure is prohibited
The owner has completely removed the carport, destroyed by the hurricane and has
started to build a new structure at the site. As per ordinance, no structure shall continue
to operate as a non-conforming status after the use or structure has been terminated or
removed or otherwise brought into compliance with the current ordinance. Therefore,
the carport stands in violation of the current ordinance. In addition, it is constructed
without a building permit from the City.
Zoning Board of Adjustment
February 26,2009
#V09-00 1
Page 2 00
This variance request seeks to allow the carport to remain in place. The owner states that
a carport is a finished out structure with all the trim work matching the house and should
be allowed to remain at the original location. In addition, it would allow protection from
the elements and provide a safe and secure place for access to vehicles. The owner also
states that the carport was expensive and tearing it down causes him fmancialloss.
Analvsis:
Section 106-192(b)(I), 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 carport as "... a roofed structure, freestanding or attached to
another structure designed to provide covered parking for vehicles, with no enclosing
walls, and must be located directly over a driveway."
Except as otherwise prohibited, the board is empowered to authorize a variance from a
requirement when the board 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.
In determining if granting the applicant's request would be contrary to the public interest,
Staff recognizes that the development of the carport may not create a visual obstruction
issue with the adjoining properties.
A survey of surrounding properties shows that this non-compliance with the ordinance is
not common to the neighborhood. In viewing the specific grounds for granting a
variance, Staff points out that the condition, as it exists, was the". . .result of the applicant
or property owner's own actions..." contrary to the provisions of Section 106-192. We
also find no grounds to justify " . . . unnecessary hardship because of exceptional
narrowness, shallowness, shape topography, or other extraordinary or exceptional
physical situation unique to the property in question." This property represents a typical
example of standard lots within subdivisions throughout the City.
Zoning Board of Adjustment
February 26, 2009
#V09-00 1
Page 3 of3
Conclusion:
Variance Request #V09-001, which seeks a variance for 25' front setback of a single-
family residential lot by allowing an existing, non-permitted, carport of 675 S.F. to
remain in place, is contrary to the provisions of the Code of Ordinances. In addition, the
parameters for the requested variance do not appear to meet the provisions established by
Section 106-192.
While recognizing the circumstances associated with the property, the Board could
consider:
. Allowing the existing structure to remain in place (variance granted) with the
stipulation that a City permit is obtained at double the normal fee as allowed by
the building code for a non-permitted work.
. Allowing the owner to remove the carport to clear 25' front yard setback
(variance denied).
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.
;;: 1+ bOI - D6(;)0 (jtJ'iS DIOlt
CITY OF LA PORTE
ZONING BOARD OF ADJUSTl\1ENT
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
V'Oli-DO I
j-i(ro<1
'f3>LP~ (p
Applicant:
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Name
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Ad dress
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Phone
I am the owner of the herein described property. I have authorized
to act on my behalf in this matter.
Owner*:
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Name
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Address
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7 -( 3 - "5 '-tS' - 0 c;. 2. '-
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I am requesting a variance to Sect. of the City Zoning regulations Chapter 106 of the
Code of Ordinance.
I am requesting this variance for property located at \\0\\ Sr:\"... S~c.~......~ '""i;><'. "'-~?CJ --\ll.. \x-.
Street Address
Legal Description
() Site Plan
() Maj or 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 I 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.
Applicant's Signature
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- bate:
Board's Decision:
Approved ( )
Denied ( )
Notice of Boards Decision mailed to Applicant/Owner:
2
A variance is a " deviation from the literal provisions ofthe 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 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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TYPE OF RELIEF BEING SOUGHT:
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AREA MAP
11011 SAN JACINTO DR.
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REGISTERED PROFESSIONAL LAND SURVEYOR No.4110
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24' WIde Aspho/-l Ibvernenf w/ RoadsIde Ddche.5
0U8.JECT TO: Drainage EOJsemenf 15'/r; WtO'-I--h 0(7 each
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[ I1cr'eby certify that this survey was made on the ground, that
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survey and that this professional service conforms to the
currellt Texas Surveyors Association Standards and Specifications
for R CatY11. ~~, /tnditi~,~~,l1 S"ey.~
ZONING
~ 106-6
adequate provision of transportation, water, sewerage, schools, parks and public facilities.
They have been made to reasonable consideration, among other things, for the character of the
district, its peculiar suitability for particular uses, and with a view of conserving the value of
building and encouraging the most appropriate use of land throughout the city.
Sec. 106-3. Relationship to comprehensive plan.
It is the policy of the city that the enforcement, amendment, and administration of this
chapter be accomplished with due consideration of the recommendations contained in the
comprehensive plan as developed and amended from time to time by the planning and zoning
commission and the city council of the city. The commission recognizes the comprehensive plan
as the policy established by the city planning and zoning commission and the city council,
respectively, to regulate land use and developments in accordance with the policies and
purposes herein set forth.
Sec. 106-4. Conflict with other requirements.
It is not the intent of this chapter to repeal, abrogate, annul or in any way impair or
interfere with existing provision or other laws or ordinances, except as the same may be
specifically repealed by the terms of this chapter, or with private restrictions placed upon
property by covenant, deed easement, or other private agreement. Where the conditions
imposed by any provisions of this chapter are either more or less restrictive than comparable
conditions imposed by another ordinance, rule or regulation of the city or private agreement,
the ordinance, rule or regulation which imposes the more restrictive condition, standard, or
requirements shall prevail.
Sec. 106-5. Minimum requirements.
When interpreting and applying the provisions of this chapter, such provisions shall be held
to be the minimum requirements, for the promotion of the public health, safety, convenience,
comfort, prosperity, and general welfare.
Sec. 106-6. Penalties for violations.
(a) Any person, firm or corporation in violation of any ofthe provisions of this chapter shall
be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not
more than $2,000.00. Each day such violation continues shall constitute a separate offense.
(b) In case any building or structure erected, constructed, reconstructed, altered, repaired,
converted or maintained, or any building, structure, or land is used in violation of the general
law or the terms of this chapter, the city, in addition to imposing the penalty above provided,
may institute any appropriate action or proceedings in court to prevent such unlawful erection,
construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain,
correct or abate such violation, or to prevent the occupancy of such violation, or to prevent the
occupancy of such building, structure or land, to prevent the illegal act, conduct, business or
use, in or about such land; and the definition of any violation of the terms of this chapter as
Supp. No. 13
CDI06:21
EXHIBIT 0
~214.101
-0'",. SUBCHAPTER D.. BUILDING LINES '.'.
Acts 2001, 77ih.LefI:: ch.1420, 912:'002(4)'"
redes' nated cka tm213, AuthQnty'oj M~
'-"niCip~ities"tO'E:iabliSh Building' LineS, '~
rLdded by Acts 1987/7oth Leg:;' ch.149: 9; t,
as this suochapter arid' amended' the . suo~
. '.' ,J;hapter head~1J{J. _ .. ., ,. ..
" LOCAL: GOVERNMENT'CODE
previously.recorded bona fide mortglige liens attached
tothei'real' property to whicli the'mumcipality's'lien
attaches.',....,'>,.".
'1"\ .::'!:';".'.- .. . ~ ; ,". .... _;' jl-; ..; ,.
~..(f:j'Ari ordiDanceado:pt~d uDder',r.#$subch;lp'~
may provide for a penalty):iot'to exc~d' $i,ooQ,)oii Ii
. -.,' . _ . "J .",.- _.., _ . . '.: . ',' '.:" "..', _ ~ . ~: >,.l _
vloIaponoi.the orWn:ance. "The,O~ance ma., pz:O-
vide that each. daY'I!-. v.i:oIf1tio~,. occ;urs"const!tu.tes.:3.-
s,l:!parate offense. "'j. ,'" :.l~ "')[i,;' ,
(g) A municipal official, agent, or employee",acting
under the authority granted by this subchapter.or any
ordinance adopted ;und~this subchapter; may.;enter
any .unoccupied premises at a reasonable time.~..to
inspect, investigate, or enforce the powers granted
~der this subchapter or iIDy.,?rqmanceltd.?p~dpur-
suanttothis sl1bclJ.apter,:l1~~providing_1!- minimum
of 24 hours notice.,to the Qccupant, ~. m~cipal official,
agffiIt, ot-empl~yee, a~#D.g und~ the alltho.i-itYgran~"
ed bythissubchap~'orany or~<;e adop~dUrider
tl)is suhci1apter, may enter anyoc~p'il:!d preD$es to
mspec1;,in'V~st-igate,. or,enforce'.. ~e- powerS '. gran~d
under thiSsuhchapter orany'ordlnance '~doPted'pur~
suant to this subchap~. .. A mUDicip:ility apd,jta
officials, agents, or employees .shall be immuiitirom
liability for 'any acts or 'oiniSsidns not kllOwfugly done
that ar,e: associated\v.i~ "aC#on.s- kke,n~}n;"an .effOrttO
eliminate the dangerollitcoiiilitions 'posed by' an enclo~
sUre or fence 'thatisd3m-iged, detenora.ted, subsiand~
ard~'diliipida~d, ()rotherwise' ill ~ state th3:t'Hpo~es' a
hazard to the public' health; safety, and' welfare and
for any' previouS or suJj~equentc6nd1tib~'" on tile
erty ,;- ".:.'
prop .', ,..' '. " '... {,[ '. ,. .' :.)
. (h) The. authority grantecl by thiS BUbChapwr. ,isjIl
addition .~. tha(~ante? ?y ~y other law:~~,:.' ," ~:: ':~' :.
Added by ACUl1993~' 73rd Lllg.; ch. 517,~~ 1, eff. Sept' 1,
1993. , Amendeq.by~ 1995, 74th ;Leg., ch. 5']7; .~, 1, eff.
$ept. 1, 1995;. Ac$; 2001, 77th ,Leg.,; ch.)420, ~ 12.1Q7, eff.
Set. 1 2001.' . ". . .' .' ."
", P.,.-, ..' "'. /,;z.: '::: .'. ..
~ 214.102.- SeiZure ~d'Sale'ofProperty to Re~ov~
. erExPenses. ,;.. ' .' ,.:":
'---.~ .,::, .::1::'"
A municipality. may fore~ose a."lien qn property
under this subchapter in ~ proceed4J,g ~ting to the
property broughtunqer. Sub~pter E; . Chapter 33,
TaxCode,1 '.; c... " ,
Added by'Acu; 1995,74th Leg.,Ch. -1017, ~7, eff. Aug. 28;'
1995:"" ..'_ . ' ,
1 V.T.CA; Tax Code ~ 33.91 et seq.
[Sections 214.103 to 214.130 reserved for expansion]
." :(.'~::' j .- :::' ._1 :.'.:':, :~f'!,
~ 214.131. Definitions
-~~;~~~pi~/; , ',.,. .-":
, ", (1) }'Street" nieans, a 'public highway; bouleya,rd,
parkWay, square, or street, ora part or side..oi ant
.:.;,of these. -; . _. ._ ..,'. .-r.:::~;_::
(2) "Structure" means abuilding or other stru:~~
ture;i.or a part of 'a. building or'other stnicture,
kt8'1987, 70th Leg., 'ch;i49, ~ 1, eff. Sept!; 1987:~R~ntilii;
beredfrom ~ 213.001 arid amended by Acts20i>1, 77th Leg;:
ch.1420,~ 12.002(4); eff.Sept.l,.2001..:" _' ,r'?oJ
. .j '- -.j . ;:' i. 1"; ',-" -;.1 -~ :':'~ - (~..("~
~".;214.132. Building Lint,!S Authorized _/:
"'>The'goveniliig;: body of ~ mUnicipality Iriay, by resq~
lution or ordinance, establisli a buildlllg' 1IDe' on'::ji
streetinthemumcipality. . .': " n,r;
Act..;' 1987:7oth ~~:; : ch.' 149,l 1; 'Mr. S~pt:' 1, 198'( Reti~~
bered~from ~ 21~J;0i>2 by' ActS 2001; 77th 'Leg:;' cIt 1420,
~ 12:002(-~),eff.-&e.pt,1, 2001. ..' _'::.' ".
; - -~~ . ! - '-.: ; ...,.' ,." - .. ,
~ 214.133. . Activity Prohibited . Within" Building
Line"""'"
.', ~:,j;~~:
In the' area between a street' and a building line
establiShed' under: thiS suficltaptei ~6r' the street, '. the
erection, re-erection, reconstruction;' or substantial re-
pairof a sb:-ucture is prohibited.:,"" -, ..
AdS '1987, 70th Leg.;'cli.oI49, ~ '.i..'efrS~pl'1, 1987.. 'Rentkn~
beredfiom ~ 213.003 and amended-'bYActs2001;77th Lef;
ch.I420, ~ 12.002(4), eff. Sept: 1, 2001. ", n.. "
~214.134.. Resolutio~or",9rdin,ance, . d;' f. '.'
. .. -."-. - .. . . - ......' r-.:-'" . _, - .'._ J. ." '" ,
(a) In adopting a resolution or ordinance that estab':'
lishes a building line, afuunicip3lity" mUSe follow the
sam~ procedure ,jJ;1atjtisauthorized.py law to use to
acqUfi-e land for the opening of streets. ..'
(b) Theres61~ti~~ ~r .orpn;mc~~~t:
r",.- ~ ',; , ; 'l"{._ : '. " ~ ..
(1) describe the ~eet 'affected and the location of
the building lihe;and ' . .,
(2) provide a period, not to' eiceed 25 years after
'the date. -on which the line is 'established, during
which . structures extending into the area between
488
NO RESPONSES RECEIVED