HomeMy WebLinkAbout04-23-09 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 April 23, 2009
Charles Schoppe, Bob Capen, Rod Rothermel, George Maltsberger, Chester Pool, and
Gilbert Montemayor (All. No.2).
Lawrence McNeal (All. No.1)
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 6:01 p.m.
2. Consider approval of the April 23, 2009, meeting minutes.
Motion by Rod Rothermel to approve the Minutes of April 23, 2009. Motion seconded by Bob Capen.
The motion carried.
Ayes:
Nays:
Abstain:
Charles Schoppe, Bob Capen, Rod Rothermel, George Maltsberger, and Chester Pool.
None
None
3. Consider Special Exception Request #SE09-001 for the property located at 2015 Crescent Drive,
further described by the Harris County Appraisal District as being Lot 9, Block 1 of Crescent
Shores Subdivision, La Porte, Harris County, Texas. Thomas W. Revak, Property owner, seeks a
reduction in the minimum rear yard setback requirement from 15 feet to 5 feet in order to build a
house. This exception is being sought under the terms of Section 106-191 (b)(2)(b) of the Code of
Ordinances of the City of La Porte.
A. STAFF PRESENTATION
Masood Malik, City Planner, presented Staffs Report. The applicant, Thomas Revak, is
requesting a Special Exception for the property located at 2015 Crescent Drive. This request is
for the reduction in the standard rear yard setback from 15' to 5' in order to build a house.
There are four existing homes within the same block. The setbacks vary between homes, and
none of the residences in the same block meet the rear yard setback requirements. Mr. Malik
presented photos of 2015 Crescent and neighboring homes.
B. PROPONENTS
Shar Lynch, of 20 Bay Harbor, spoke in favor of the Special Exception.
C. OPPONENTS
There were none.
Motion by Rod Rothermel to approve Special Exception Request #SE09-001 reducing the minimum rear
yard setback from 15 feet to 5 feet, to build a house on property located at 2015 Crescent Drive. Second
by Chester Pool. The motion carried.
Ayes:
Nays:
Abstain:
Charles Schoppe, Bob Capen, Rod Rothermel, George Maltsberger, and Chester Pool.
None
None
4. ADMINISTRATIVE REPORTS
There were none.
5. BOARD COMMENTS
Vice Chairman Capen requested an update on Quality Inn on Fairmont Pkwy. Mr. Malik replied they have
signed with a third contractor and things are going well.
Zoning Board of Adjustment
Minutes of April 23, 2009
Page 2 of 2
6. ADJOURN
Motion by Charles Schoppe to adjourn the meeting. Second by Rod Rothermel. Motion carried.
Ayes:
Nays:
Abstain:
Charles Schoppe, Bob Capen, Rod Rothermel, George Maltsberger, and Chester Pool.
None
None
,2009.
eorge Maltsberger
Chairman, Zoning Board of Adjustment
#A09-001
Appeal of the Enforcement Officer's Decision
11320 North 'L' Street
Exhibits
A. Staff Report
B. Application
C. Area Map
D. Survey Map
E. Sections 106-416, Code of
Ordinances
F. Public Notice Response
Staff Report
May 28, 2009
Appeal of Enforcement Officer's Decision #A09-001
Applicant: Carol King, Property Owner
Location: 11320 North 'L' Street
Lee:al description: TRS 268 and 273, La Porte Outlots, Enoch Brinson Survey, Abstract No.5, La Porte, Harris
County, Texas.
Present zonine:: Large Lot Residential (LL)
Land Use Map: Residential
Baclmround:
The applicant is appealing the Enforcement Officer's decision to deny a building permit for
the turn out cover or an awning to accessory building located within 10' setback from the
property line. According to the applicant, the structure was rebuilt on existing posts
damaged by hurricane Ike last year. However, existing structure is considered to be a non-
conforming as it encroaches into the setback line. Per Section 106-416, Code of Ordinances,
a minimum 10' setback from the property line is required for accessory building to be
located in the Large Lot (LL) residential district.
Harris County Appraisal District record shows the house was built prior to the City of
Lomax and City of La Porte consolidation in 1980. A survey of the property dated April 06,
1990, shows a metal barn lO'x38' in the rear of the property. The accessory building with
awning is not shown on the survey. In addition, there are several other structures which
seem to be encroaching upon the setback. However, no record was found of any building
permit issued for this accessory building with awning and other structures at this site.
Under zoning regulations, Section 106-741 of the City's Code of Ordinances, accessory
buildings, uses, and structures shall be three feet or more from all lot lines. Large Lot (LL)
residential district was established in 2005. Section 106-416 of the Code of Ordinances
establishes a 10 feet setback from property line for an accessory building. Another reason
for denial of building permit is nonconforming and non-permitted structure which may not
be rebuilt unless it conforms to the provisions of the current ordinance.
The applicant's grounds for request, as the structure is located in excess of five feet from
the nearest property line, is not consistent with the current ordinance, or prior
interpretation. The City's decision and interpretation of the said section is based on the
special regulations per Section 106-416 (i) of the Code of Ordinances approved by City
Council several years ago.
Board of Adjustment
5/28/09 - #A 09-001
Page 2 of3
Analvsis:
In describing the action of appeal, the Code of Ordinances states: In exercising the powers
set forth in Section 106-88, the Board of Adjustment may, in conformity with the provisions
of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement,
decision, or determination as ought to be made, and to that end shall have all the powers of
the enforcement officer from whom the appeal is taken. The Board must find the following
in order to grant an appeal:
a) That there is a reasonable difference of interpretation as to the specific intent of the zoning
regulations or zoning map, provided the interpretation of the enforcement officer is a
reasonable presumption and the zoning ordinance is unreasonable.
Current regulations are written in a clear manner which allows the enforcement officer to
understand the intent of City Council as it relates to an accessory building. These
regulations have been in effect since the January 26, 1987 adoption of the Zoning Ordinance
(Chapter 106) and the special regulations for Large Lot (LL) district since October 24,2005,
have not been proven to be "unreasonable".
b) That the resulting interpretation will not grant a special privilege to one property
inconsistent with other properties or uses similarly situated
Current regulations are written in a clear manner that enables individuals to understand City
Council's intent. This enables Staff to provide the information to others and be consistent in
the enforcement of this regulation. This consistency in the enforcement of the regulation
ensures no "special privilege" to anyone property.
Granting this request may not give the appearance of granting a special privilege to the
property owner.
c) The decision of the Board must be in the best interest of the community and consistent with
the spirit and interest of the City's Zoning Ordinance and the Comprehensive Plan of the
City.
Staff believes it would conflict with the intent of the regulation and would be inconsistent
with the spirit of the City's Zoning Ordinance. The applicant's statement would not be
verified without the current survey of the property, as it is stated that "the structure is
indeed located at more than five feet from the fence line."
The general intent and purpose behind the Zoning Ordinance is to promote public health,
safety, and welfare. The enforcement officer's decision in this case would be in the best
interest of the community and would be consistent with the spirit and interest of the
City's Zoning Ordinance and the Comprehensive Plan of the City.
Board of Adjustment
5/28/09 - #A 09-001
Page 3 of3
Conclusion:
Appeals:
Based on the facts and considerations noted in this report, Staff feels the enforcement
officer's decision is correct in this case.
. Allowing the current structure to be located within ten feet of the nearest property line
and applicant to pay double the permit fee for the work without permit (appeal upheld).
. Disallowing the current structure to be located within ten feet of the nearest property line
(appeal dismissed).
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.
~F ()()/-ooO-.;4J~-I;;"ao
CITY OF LA PORTE
ZONING BOARD OF ADJUSTMENT
APPEAL OF ENFORCEMENT OFFICER'S DECISI
Application No.: ft lfJt..
OFFICE USE ONLY: Fee: $150.00 Date Received: S~
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n 1 2009 W
Applicant:
C(:trO ( \< ftv"[
Name
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Address
L ,U~d2"k.
~ I
PH: 2 <ffi - q 1\- 152.. J \
I am the owner ofthe herein described property. I have authorized
to act on my behalf in this matter.
Owner* :
(l',('A A[t<1 \ K' ~je
\ \ ~ ""2-</ N, A V {i.nu,.p , f
Address
I 2?3;U 6G1_S-IL;Q
Lc.lolt4~
PH: 281-q7/-gt-11
I am appealing the decision regarding or the interpertation of Sect. f 0 & - LJ J 0 of
the City Zoning regulations Chapter 106 of the Code of Ordinances. I am making this
appeal in regards to the property located at:
~",'bUO ~J f+v.~. L.
Street Address Legal Description
(.J) 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 I am seeking (setbacks, lot coverage, etc. ).
c) The grounds upon which I am making this request.
* IT applicant is NOT the owner, he must provide Authorization to act on the Owner's
behalf.
s- 1/- 0 Cj
Date
Cc4~ 'I{~
Applicant's Signature
-------------------------------
OFFICE USE ONLY
Site Plan and Authorization (if applicable) attached?
Yes() No()
Date transmitted to the Board of Adjustments:
Meeting Date: 5- {}..g' -() 9
Applicant Notified of Date: 5" -;z. f -0 tt
Board's Decision:
Approved ( )
Denied ( )
Notice of Board Decision mailed to Applicant/Owner:
EXHIB1T B
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 THIS MATTER:
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TYPE OF RELIEF BEING SOUGHT: C :(, )
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GROUNDS FOR THE REQUEST:
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S:\CPShare\INSPECfION DIVISION\Standanl Forms\ZONING APPEAL OFF1CERS DEe-doc REVISION 10/21103 Rye
~ 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:
Q) 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) of Pri. 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
Service1 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 1. Generally
Sec. 106-441. Table A, Commercial uses.
P (ABC) - Permitted uses (subject to designated criteria established in section 106-444).
Supp. No. 13
CD106:58
EXHIBIT E
Zonin~ Board of Adjustment
(Type of Meeting)
fDJ ~ @ ~ Q \\fl ~ ~I
Ilffi MAY 2 1 2009 W
A Meeting of the La Porte
By
Scheduled for
May 28, 2009
(Date of Meeting)
to Consider
Appeal of the Enforcement Officer's Decision #A09-001
(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~~~. ul~d ~':: ~ ~
t- f/LOf-L b" ,f S /-1- ,rI.Pt~ ~ fl. :J dtdl
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Lu..L ~ (D t'il I 'i II 11 rL,".{4.&J?. (./AO ' ~
~ tJ~c U y~'
I am OPPOSED to granting this request for the following reasons:
CCtIeU/ /(/ hy
Name (please print)
~ '-/~
Signature
/ /32D .IV. Il uc, C.
Address
of/. If.~ ~.~0 7 ?:J'1 /
City, State, Zip
EXHIBIT F