The URL can be used to link to this page

Home My WebLink About02-26-09 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment Minutes of the Meeting Zoning Board of Adjustment Minutes of February 26, 2009 Members Present: Charles Schoppe, Bob Capen, Rod Rothermel, Lawrence McNeal (Alt. No.1), and Gilbert Montemayor (Alt. No.2). Members Absent: George Maltsberger and Chester Pool. City Staff Present: Masood Malik, City Planner; Clark Askins, Assistant City Attorney; and Shannon Green, Secretary. 1. Call to Order. Vice Chairman Capen called the meeting to order at 6:00 p.m. 2. Consider approval of the January 22, 2009, meeting minutes. Motion by Rod Rothermel to approve the Minutes of January 22, 2009. Motion seconded by Charles Schoppe. The motion carried. Ayes: Nays: Abstain: Charles Schoppe, Bob Capen, Rod Rothermel, and Lawrence McNeal (Alt. No.1). None None 3. Consider Variance Request #V09-001 for the property located at 11011 San Jacinto Drive, further described by the Harris County Appraisal District as Lots 79, 80, and 81, Block 4, Battleground Estates, Section 1, La Porte, Harris County, Texas. Guy Yeary, property owner, seeks a variance to allow a carport built in the front yard setback to remain in place. 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. Yeary, is requesting a variance for a carport to remain in place at 11011 San Jacinto Drive. The pre- existing non-conforming carport was damaged during Hurricane Ike. Mr. Yeary removed the entire carport and started to build a replacement carport without a building permit. The carport is in violation because 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. Twenty-four property owners located within 200' of the subject tract were mailed public hearing notices. The City received three responses in favor of the variance. B. PROPONENTS Vice Chairman Capen swore in Guy Yeary, owner of 11011 San Jacinto Drive. Mr Yeary spoke in favor of the variance. Mr. Yeary's intention was to make improvements to his home after the damage left by Hurricane Ike. Vice Chairman Capen swore in Mark Follis of 831 S. th Street. Mr. Follis spoke in favor of the variance. Vice Chairman Capen swore in Gwen Arredondo of 11025 Monument. Ms. Arredondo spoke in favor of the variance. Vice Chairman Capen swore in Peggy Knight of 807 Robinson. Ms. Knight spoke in favor of the variance. Vice Chairman Capen swore in Victor Arredondo of 11025 Monument Drive. Mr. Arredondo spoke in favor of the variance. C. OPPONENTS There were none. Zoning Board of Adjustment Minutes of February 26, 2009 Page 2 of 2 Motion by Charles Schoppe to approve Variance #V09-001. Second by Rod Rothermel. The motion carried. Ayes: Nays: Abstain: Charles Schoppe, Bob Capen, Rod Rothermel, and Lawrence McNeal (Alt. No.1). None None Assistant City Attorney, Clark Askins, read aloud from Section 106-196 of the Code of Ordinances, which addresses Appeals. 4. ADMINISTRATIVE REPORTS There were no reports. 5. BOARD COMMENTS Mr. Schoppe asked about the progress of Quality Inn at Fairmont and Driftwood. Mr. Malik explained the city has begun work with the third contractor on this project. 6. ADJOURN Motion by Charles Schoppe to adjourn the meeting. Second by Rod Rothermel. Motion carried. hannon Green Secretary, Zoning Board of Adjustment Approved on thiS~ day of .,Ju.A\.C ~~~ BolfCapen Vice Chairman, Zoning Board of Adjustment ,2009. Zoning Board of Adjustment Minutes of February 26, 2009 Page 2 of 2 Motion by Charles Schoppe to approve Variance #V09-001. Second by Rod Rothermel. The motion carried. Ayes: Nays: Abstain: Charles Schoppe, Bob Capen, Rod Rothermel, and Lawrence McNeal (Alt. No.1). None None Assistant City Attorney, Clark Askins, read aloud from Section 106-196 of the Code of Ordinances, which addresses Appeals. 4. ADMINISTRATIVE REPORTS There were no reports. 5. BOARD COMMENTS Mr. Schoppe asked about the progress of Quality Inn at Fairmont and Driftwood. Mr. Malik explained the city has begun work with the third contractor on this project. 6. ADJOURN Motion by Charles Schoppe to adjourn the meeting. Second by Rod Rothermel. Motion carried. Submitted by, Shannon Green Secretary, Zoning Board of Adjustment Approved on this _ day of ,2009. Bob Capen Vice Chairman, Zoning Board of Adjustment #SE09-001 SPECIAL EXCEPTION FOR REAR YARD SETBACK @ 2015 CRESCENT DRIVE EXHIBITS: STAFF REPORT APPLICATION FOR SPECIAL EXCEPTION EXHIBIT A - AREA MAP EXHIBIT B - SURVEY MAP EXHIBIT C - PHOTOS EXHIBIT D - CODE OF ORDINANCES, SECTION 106-191 (b)(2)(b) EXHIBIT E - CODE OF ORDINANCES, SECTION 106-333, TABLE B, RESIDENTIAL AREA REQUIREMENTS EXHIBIT F - PUBLIC NOTICE RESPONSES Staff Report April 23, 2009 Special Exception Request #SE 09-001 Requested by: Thomas W. Revak, property owner Requested for: Lot 9; Block 1; Crescent Shore Subdivision Location: 2015 Crescent Drive Zonine:: Low Density Residential (R-l) Backe:round: The subject property is zoned Low Density Residential (R-l). A single- family dwelling is a "permitted" use in this zone. The property is vacant at this time. The property owner has submitted a Special Exception request for a reduction in the standard rear yard setback from 15' to 5' in order to build a house. In this case the front yard is directly adjacent to the shoreline of Galveston Bay and the rear yard is along Crescent Drive, an unimproved 50' right-of-way. The required front, rear, and side yard setbacks are 25', 15', and 5' respectively. The applicant's desired placement of the house will be setback 5' for better utilization of a relatively narrow lot (approximately 40' wide) while remaining consistent with the neighboring properties. The applicant has provided a copy of the property survey in this regard (see Exhibit B). The abutting lot requirement as referenced in Section 106-191(b)(2)(b) of the Code of Ordinances does exist. There are four (4) existing homes within the same block. The setbacks vary between the homes, and none of the residences in the same block meet the rear yard setback requirements under these regulations (see Photos Exhibit C). However, without a property survey of each one, the exact setbacks are unknown. S1:a.ff s inspection of the block found two of the homes have rear yard encroachments, but the front yards directly adjacent to Galveston Bay are wide open. The applicant's proposed rear yard setback for the subject house represents an "average" of the various rear yard setbacks within the same block. This exception is being requested under the terms of Section 106- 191 (b)(2)(b) of the Code of Ordinances (Exhibit D): Board of Adjustment April 23, 2009 Meeting #SE 09-001 Page 2 of3 Analvsis: Conclusion: .:. A rear yard exception where the actual rear yard setback of any four or more lots in the same block does not meet the rear yard requirements of these regulations. 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 fmds the following: .:. Granting the exception will not adversely affect the value, or use of neighboring property. .:. Granting the exception will not be contrary to the best public interest. Regarding this request, the relief being sought is similar to the circumstances outlined in the terms of the Special Exception Section. · Allow placement of a single-family dwelling with a reduced rear yard setback. There are other homes within the same block that do not comply with the required fifteen-foot (15') rear yard setback. According to the applicant, the home plan, when closest to the rear property line along Crescent Drive, will be setback just over five feet. In addition, this is the only remaining lot to be built in the same block. When considering this Special Exception request, it should be noted that the existing houses currently represent an "average setback" of the rear yard setbacks existing within the same block. The Board must consider whether decreasing the rear yard setbacks, as requested by the applicant, will adversely impact the adjacent properties or be contrary to the best public interest. In staff's opinion, it does not appear that granting the requested special exception will adversely impact the adjacent properties nor does it appear that granting this exception would be contrary to the best public interest. The application merits review by the Board based upon the parameters set by the Ordinance. The Board may consider: Board of Adjustment April 23, 2009 Meeting #SE 09-001 Page 3 of3 Appeals: ~ Approving Special Exception and allowing the house on the subject property with a reduced rear yard setback of 5' . ~ Denying Special Exception to uphold the provision of Section 106- 333, Table B, residential area requirements. 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. OFFICE USE ONLY: Application No.: Date Received: Receipt No.: This Fee is Non-Refundable Regardless of the Board's Decision Fee: $150.00 Note: Applicant: .\\ \) '\M. U\. ~ W \ ')< ('\! ~ $ Name ~(Cl, lj() 'I. '\ ~L\. \ LG\?u r'\-e ,\\ :rt~ ~ 1 Address PH: L ~L t-YL\- . \ \~ '1 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 req uesting a Special Exception to Sect. \ 0 b~ ~ ~ ~ of the City Zoning regulations Chapter 106 of the Code of Ordinance. I am requesting this Special Exception for property located at 1 a \ ';' l {' -e ,:>ct' V\\- $~ 'fC Street Add ress lot ~ \~ , 0 c.. Y, 1- C i"'e ') C. (' V\, -\- C; 40 {'--c '> 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 in form ation req uested 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 ~owner's behalf. )~l~-O~ / Date Office Use Only Site Plan and Authorization (if applicable) attached? Yes () No ( ) 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 req uirements 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) Vlaiving or reduction 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: co for wlAh{k'^-\- \o'r> +~c -'-fro~\-" ~CA-IJ )'S ~vJCA<0 ~ \ " -€ S \v..A \S ~ '-1, 0- '^- c\ -\ ~ -e... r e fA -(' Y ~ '\ells -to\.,.J CA (rt (f) ::to '^~ v\. ('c C \J \ U\. -\-."U vt S ~ \ S- ~()LJ'1- f'LCt-(' s.e\-~~c\;~ -' (3) t\ ,hA t, C) \-- -\-'^ c.. f t' S> I c\ -e v\ Cf ~ tJ V\ t 'tH." ~ \ 0 C \.( v'\ L 0 t- c.od-c ~ I -r-eo..-(' ~Q{'d ~e\-bC<.c\.z~ (9) \\'\0 \'::1-t~-c oV\\, (,C\i\L\.\\!\.''^1 V0..C6..v\\- \o\- (:)v\ \-"'r.... \O$)C-\Z ,. @ SV'Pl')o(''h\A1 V\..mtvs t C,C{')'k\ v~\e\lJS U\.Ac\. ~ S~l-\~ $\CIV\. sl\e-~(~ 6.~ G.\--\-u..C'-"lJ, \l.\Io, CArd 3 TYPE OF RELIEF BEING SOUGHT: R \ \' e-t IS \ "^- (j \j { '^ \- -t-o f'"L 6\ V (-e.- ~t C {"( Cl Y G{~-(c\ 5e.\-~~(.,V, C (U'-" \S- ~L-\- tu S- fCc.Y \V\ O'1C\C{' ~ 4. \ \ () w \0 t:- \- tL-r \J \--~ \ "t~ \1'0,,\ 0 \- CA. It'- \ ~ i-\ y1 e- \ '1 V\ G'f fOw \vt w"'~k. {'"(VtCA. ,V\. \ V\) COV\S\S\'t',,\,\- W\t\'\ \~'L \Oi.~ov.\- cJ~ Y\erq,~~o{,\~'\CJ ))"'fD),)f{'~"'es, THE GROUNDS FOR THE REQUESTS: ~~ 'fov,^ f -t~~ (e v -e ~\- \S:>o.'fG..C rCA ") (\, '{ L l\'') b~ c ~ ~ 1:0"" \ '^o '(e ~ V \ "'- 1.'\:) '-'\ , S~ cA-,~o ~ \ 0'0 - \ '\ \ . l\ \;, '~<A -rU~j{ GL ~'^ 0.\\ vW s C~ e-V \ CA -\-;'0 '-'\ f(o.J\ r-eo...l' ~G\fd 5-et--bC\L\z fe~v\'\{6/"'\e'v"\-s W~-c-{c. -\-"'-(., QL\-v4-\ feu..'\ ~Ct<'(J S.C-\-~Ct.C\.( Ot- c..v\'-\ -hJ-v{ or \J-\0~ 'on 1\1\ -\~t- S~'v'\e.. 0\0<=-1', c\oV\o\- \MfC>t- C()~-G, A\t~o\J1'" --\'^.-c'\\... G..-fC O'^\~\ -;) \oh o V\, ~~ ~\0CV, \V\, c...c\c\ Pn'o,--\. -to V\ \ v'\f., I Y\u v\"t. o\- -tln" \,1'\ VVt LC\- (()C~-C -\Dc , f'eCA.{ L-\C-l.-rc~ se:+\aCtcV__, (S-eCu.vS(/ Dt-i,^'S I I bt\~~ . ~'^ \S ( t" ~ \1"t' I:, \- fa l e )( c ("" ? \-;' () v\. y"'-\ L L 'Ts ~ L. \ V\ t-e Vl \- ~ 0 ~ sp e L '1 C\. \ ~ "X ( e y\-;'D lit ~ '\ \A S e. c ~u V\. \ a \:J - \ ~ \ ) rr, (~)l1-}l~) (J~ i,^<-- (~~ :rOv\\\A~ 'f~~\4~"(J,^S, S:\CPShnre\INSPECTION DIVISION\Standard Forms\ZONING SPECIAL REQUEST.doc REVISION 10/21/03 Rye SE 09-001 2015 CRESCENT DR. TRINITy BAY ~ SCALE: 1" = 40' ~ N ,.. b '" ,..: ,.. '?Ol\o: cV€, <? . 8.f: O'v€, 'EC~ 1 "'€' 8 6:0', . .f:EC~ 1 3.0', 'LOCATION OF FLOOD ZONES IS AN APPROXIMATION BASED UPON GRAPHIC S.CALiNG ONLY OF THE RESPECTIVE FEMA F.I.RM. AND SHOULD NOT BE REliED UPON FOR CONSTRUCTION OR DEVELOPMENT. THIS LOCATION SHOULD BE VERIFIED BY YOUR LOCAL FLOODPLAIN ADMINISTRA TOR FOR CITY OF LAPORTE ~ ~ en <l:: w ~ c;; f:' lot9 0. cD Block 1 b ~ ~ '" 0 ~ (0.2632 ACTe) ~ ci (VACANT) 5 II> ~ ~ II> <II II> 0: , , 196' Lol8 ~ Fnd. 112" I.R. Bearing Control Fnd. 1I2"I.R Bealing Control N 02045'00" E 50.03' CRESCENT DRIVE (50' R.O.W.) Noles' . Basis for Bearings: RECORDED PLAT - Distances shown are ground distances. . All abstracting done by IItle company . All B L.'s & U.E.'s taken from recorded plat unless otherwise noted. - All fences are 6' wood unless otherwise noted . Dimension ties from improvements to property lines are calculated and should NOT be relied upon for construction and/or removal of any improvements inducting fences. . Building dimensions may not be used to calculate square footage . This property subject to any and all recorded and unrecorded easements. Surveyor has made no investigation or independent search for easements of record, encumbrances. restrictive covenants or ownership title evidence. I hereby certify that this survey under my supervision was this day made on the ground and that Ihis plat correctly represents the property legally described hereon (or on attached sheet). That the fads found at the time of Ihis survey show the improvements and that there are no visible encroachments apparent on the ground exc t s s ow,.( he sl of my knowledge. surveyed 04.07-08. This property appears 10 be IN the 100 year nood plain. & in insurance rate map zone AE & VE. as per map 48201C0945l Dated 06-18-07 BFE. = 13' & 15' This determination to be used for Rood insurance rate purposes ONLY and is NOT to be relied upon for ANY other purpose. Surveyor makes no represenfation as to whether prope~y may Flood. 01-0i-Q5 It-)j.J./>I D. WILEY, iR.. R.P.!..S. No. 5928 Datl' This survey is certified for this transaction only, is not transferabJe to additional institutions or subsequent owners. If fhis survey does not bear an original BLUE seal it is invalid and should not be relied upon for any purpose. LOT: BlOCK: 5lIBD'\IlSJON: CRESCENT SHORES TEXAS SECTION: 9 COUNTY; RE A TICH: HARRIS VOl. 8, PG. 58 OF MAP RECORDS AOCRE"'" LA PORTE 2015 CRESCENT DRIVE MOODY NATIONAL BANK Q.r. , 2617001652 PVNCHASVt. 1l1L[ COMPANY: LANDAMERICA COMMONWEALTH TITLE tJJarj@m 'Enlfineer~ .Inc. 5455 DaShWOod, Suite 700 Benaire. Texas 77401 (713) 528.1552' FAX (713) 529-8997 THOMAS W. REVAK SURVEYED BY' WIN DRAWN BY: arc DRAWING NO.: CRESCENT 2015 EXHIBIT Ii .Ai N /. -- ~ '1 .~ ,~ ., uc, \ -..N' c., to--l. 1\ Go. ,'v,\ r- \ thf(, L I \ ( f'd ~J ft, ) j , I I I I I , , I - , \ '--- '- (:I>~\\CA \~- tJ( CO--^.c \ ( \t c\ ~vt - I (-,- - .., - --- I I I i $ 01c...\\ - 'r\ 0 vs. t.. - I I ( I I 't'JG.1 .." U. f' :-.... t "- \ r1 \' '--\C'v" Print at: Monday, March 23, 2009 10:09:18 AM Host: DMORGANPC4A V User: u4av_mod '20\') C"e\'C~~ EXHIBIT C "" ""..;"'-b"','" ~ ' I'~ 41', rl '-J~' 4.~. ~!Ii>r. ~ 106-171 LA PORTE CODE 2. The area of lots or land immediately adjoining the area covered by the proposed change and extending 200 feet from that area. Such amendment, supplement, change, modification, or repeal shall not become effective except by the favorable vote of three- fourths of all the members of the city council. 3. Streets and alleys shall be included when computing the area of land from which a protest may be filed. (8) Vote to overrule. The affirmative vote of at least three-fourths of the city council is required to overrule a recommendation of the city planning and zoning commission that a proposed change to this chapter or boundary be denied. (Ord. No. 1501-05, ~ 6(Exh. F), 3-19-07) Sees. 106-172-106-190. Reserved. DIVISION 6. SPECIAL EXCEPTIONS AND VARIANCES* Sec. 106-191. Special exceptions. (a) Application for special exceptions. All applications for special exception to the terms of this chapter shall be in writing and shall specify the facts involved, the relief desired, and the grounds therefor. Each such application shall be filed, along with the appropriate fees, with the enforcement officer who after investigation shall transmit such application together with his report to the board of adjustment within ten days after the filing of the application with the enforcement officer. (b) Special exceptions to be reviewed; finding of facts. The term "special exception" shall mean a deviation from the requirements of this chapter, specifically enumerated herein, which shall be granted only in the following instances, and then only when the board finds that such special exception will not adversely affect the value and use of adjacent or neighboring property or be contrary to the best public interest: (1) To reconstruct, enlarge or extend a building occupied by a nonconforming use on the lot or tract occupied by such building, provided that the reconstruction, extension, or enlargement does not prevent the return of the property to a conforming use. (2) To deviate yard requirements in the following circumstances: a. Any exception from the front yard requirements where the actual front yard setback of any abutting lot does'not meet the front yard requirement. b. A rear yard exception where the actual rear yard setback of any four or more lots in the same block does not meet the rear yard requirements of these regulations. c. A yard exception on comer lots. *Editor's note-See also section 106-89 for additional rules for hearings in front of the zoning board of adjustment. Supp. No. 16 CD106:32 EXHIBIT 0 ZONING ~ 106-333 Sec. 106-333. Table B, residential area requirements. . (a) Table B, residential area requirements. Maxi- Mini- mum mum Lot Yard Mini- Cover- Setbacks Mini- mum agel Mini- L.R mum Develop- Mini- mum Mini- RR.S. Site ment mum Lot mum 2,3,4,5, Area I Open Land- Areal Lot 6,10, Maxi- Unit Space I scaping Uses D.U. Width 11, 12, 13, mum S.R Unit Required 8 S.R L.R 14,15 Height 7 S.R 9,19 Single-family detached 6000 50 25-15-5 35 Ft. 9100 - 40%/NI A 4.8 DU/A Single-family large lot 43560 90 25-15-5 45 Ft. 43560 - 40%/N/A 1.0 DU/A Single-family special lot line, 0 4500 40 20-10-0 35 Ft. 7300 Footnote 60%/N/A lot line 6.0 #1 DU/A Duplexes 6000 60 25-20-20 45 Ft. 8.0 Footnote 60%/N/A DU/A #1 Single-family converted to 6000 50 20-10-5 35 Ft. N/A N/A 50%/NI A multifamily 'lbwnhouses, quadraplexes 2000 20 25-20-20 45 Ft. 4400 Footnote 75%/25% (10,000 s.f of site area 100 ft. 10.0 #1 wide) DU/A Multifamily 20000 100 25-20-20 45 Ft. 1600 Footnote 60%/25% 14 #1 DU/A Manufactured housing 4500 40 20-10-5 25 Ft. 7300 Footnote 60%16% 6.0 #1 DU/A Manufactured housing subdivi- 100 of N/A N/A N/A N/A N/A/N/A sion or parks (5 acre min.) front road frontage Group care facilities (less than 25-20-10 25 Ft. N/A N/A N/N6% 6) and day care homes Supp. No. 13 CDI06:47 EXH,'BIT E No public responses were received.