HomeMy WebLinkAbout05-28-09 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment
Members Present:
Members Absent:
Citv Staff Present:
Zoning Board of Adjustment
Minutes of May 28, 2009
Charles Schoppe, Bob Capen, Rod Rothermel, George Maltsberger, and Gilbert
Montemayor (Alt. No.2).
Chester Pool, and Lawrence McNeal (A It. No.1)
Masood Malik, City Planner; Clark Askins, Assistant City Attorney; Shannon Green,
Secretary and Debbie Wilmore, Chief Building Official.
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 Bob Capen to approve the Minutes of April 23, 2009. Motion seconded by Rod Rothermel.
The motion carried.
Ayes:
Nays:
Abstain:
Charles Schoppe, Bob Capen, Rod Rothermel, George Maltsberger, and Gilbert
Montemayor (Alt. No.2).
None
None
3. Consider Appeal of the Enforcement Officer's Decision #A09-001 for the property located at 11320
North 'L' Street, further described by the Harris County Appraisal District as: 2.031 acres out of
Outlots 268 and 273, La Porte Outlots, Enoch Brinson Survey, Abstract No.5, La Porte, Harris
County, Texas. Carol King, property owner, seeks approval of an awning built within 10 feet of the
property line in violation of section 106-416, Code of Ordinances, special regulations for the Large
Lot (LL) district.
A. STAFF PRESENTATION
Masood Malik, City Planner, presented Staff's Report.
B. PROPONENTS
Carol King of 11320 North L Street spoke in favor of the appeal.
C. OPPONENTS
Amelia Foster and Jack Rains of 11316 North Avenue L spoke against the appeal. Mr. Rains
informed the Board of a property line dispute with his neighbor Carol King.
A brief discussion occurred among the Board and Staff. As neither neighbor has a current survey of the
property, the Board asked the parties to obtain a current survey for staff to review.
Motion by Rod Rothermel to deny the Appeal of the Enforcement Officer's Decision #A09-001 for the
property located at 11320 North 'L' Street for an awning built within 10 feet of the property line in violation
of section 106-416, Code of Ordinances, special regulations for the Large Lot (LL) district. Second by
Bob Capen. The motion carried.
Ayes:
Nays:
Abstain:
Bob Capen, Rod Rothermel, George Maltsberger, and Gilbert Montemayor (Alt. No.2).
Charles Schoppe
None
4. ADMINISTRATIVE REPORTS
* Census 201 0 -The city is a partner with the Census Bureau. Each Councilmember will
nominate two members for the Complete Count Committee.
* Sylvan Beach Re-nourishment & Restoration Project - This project has been delayed due to
Hurricane Ike. The work is in progress and should be completed by later this year.
* Park Drive and South Broadway Bridges will be completed by this fall. South Broadway Bridge
will be a four lane roadway.
5. BOARD COMMENTS
Zoning Board of Adjustment
Minutes of May 2S, 2009
Page 2 of 2
The Board asked when Council Members would announce their nominations for the Census Committee.
City Council will make the announcement at the June OS, 2009 City Council meeting.
6. ADJOURN
Chairman George Maltsberger adjourned the meeting at 6:45 pm.
s;Jt-
Shannon Green
Secretary, Zoning Board of Adjustment
Approved on this JfL day of J~
~~~,
Chairman, Zoning Board of Adjustment
,2009.
#V09-002
VARIANCE
FOR
DOMESTIC LIVESTOCK
AT 10815 NORTH 'L' STREET
EXHIBITS:
STAFF REPORT
APPLICATION FOR VARIANCE
EXHIBIT A - LETTERS OF RECOMMENDATION
EXHIBIT B - AREA MAP
EXHIBIT C - SECTION 106-742, CODE OF ORDINANCES
EXHIBIT D - PUBLIC NOTICE RESPONSE
Staff Report
Reauested by:
Reauested for:
Location:
Zonine::
Backe:round:
June 25, 2009
Variance Request #V 09-002
Lisa Walker
TR 425D, La Porte Outlots, La Porte, Harris County, Texas.
10815 North 'L' Street
Large Lot Residential (LL)
Applicant is requesting a variance to grant permission to keep domestic
livestock at the property which is less than one acre in area prohibited by the
City ordinances. The applicant stated that request is associated with social,
behavioral skills and therapeutic needs of a mentally challenged child
residing at this house.
Zoning Ordinance, Section 106-742, Subsection (a) identifies domestic
livestock (cattle, horses, hogs, sheep, goats, chickens, and geese) as a
"permitted accessory use" on lots in excess of 43,560 square feet (I-acre). It
also requires livestock to be restrained no closer than 25 feet from property
that is not devoted to the keeping of domestic livestock and in concentration
as follows:
. Two cows per acre.
. Two horses per acre.
. Two hogs per acre.
. Two sheep or goats per acre.
The subject property is approximately 0.69 acre (less than 1 acre). The City's
Code of Ordinances permits domestic livestock on large lot residential
(greater than 1 acre). The City Officials informed the applicant of the
requirements of the current ordinance. The applicant stated that she would
comply with the ordinance, but she wanted to keep the domestic livestock
and certain animals to help social interaction of her mentally and emotionally
challenged child.
The applicant has submitted letters of recommendation from the officials of
the Mental Health & Mental Retardation Authority of Harris County in this
regard (see copies attached).
On June 18,2007, City Council directed staff to conduct a review of the
existing provisions of Section 106-742, Code of Ordinances, Chapter 106
(Zoning) regarding the number of animals permitted per acre. Currently
two grazing animals are allowed per acre and an owner must have two
acres if three animals are present.
Board of Adjustment
June 25, 2009
#Y09-002
Page 2 of4
AnaIvsis:
This request was made in conjunction with questions about whether the
City should allow half acre increments after the initial one acre for three or
four grazing animals. On July 19, 2007, the Planning and Zoning
Commission held a workshop where Staff presented an overview of the
provisions mandated by the current City Ordinance and similar approaches
adopted by the neighboring cities regarding domestic livestock.
After a public hearing at the September 20, 2007, meeting, the Planning
and Zoning Commission recommended that animal use requirements as
currently presented in the Zoning Ordinance regarding domestic livestock
allowable numbers remain intact.
At the October 22, 2007 meeting, City Council opted to continue with the
current ratio for keeping of livestock in La Porte.
Section 1 06-192(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 106-1 defines accessory use as "... incidental and secondary to
permitted use on 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. "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.
Regarding this request, the relief being sought to:
Board of Adjustment
June 25, 2009
#V09-002
Page 3 of4
Conclusion :
. Allow concentration of livestock at the property which is less than 1 acre
m area.
In determining if granting the applicant's request would be contrary to the
public interest, Staff recognizes that such development at the property may
create a problem with adjoining properties. A survey of surrounding
properties shows that this non-compliance with the ordinance is not typical
to the area.
The issues to consider are impact on neighboring property and the best
public interest. In this case, it appears that the concentration of domestic
livestock may not be healthy and beneficial to adjacent properties. The
applicant wishes to keep the livestock intact for special treatment of her
child; however, staff will be unable to issue a permit based on the conflict
with the zoning regulations.
In reviewing the specific grounds for granting a variance, however, staff
points out that the condition, as it exists, "...is the result of the applicant or
property owner's own actions. . ." contrary to the provisions of Section 1 06-
192. Staff finds 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." But, mental health, mental retardation, and therapeutic needs of
child may be considered in this regard.
The Zoning Board of Adjustment'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 may not be contrary with the spirit of the
ordinance.
The application merits review by the Board based upon the parameters set by
the Ordinance.
The Board may consider:
~ Granting the variance and allowing certain numbers of chicken,
turkeys, goats and other animals etc. with landscaped fence to the
adjacent property to minimize the impact of domestic livestock. In
addition, the variance is valid as long as the applicant occupies the
premIses.
~ Denying the variance thereby disallowing to keep large number of
animals/livestock at the property which is less than one acre.
Board of Adjustment
June 25, 2009
#V09-002
Page 4 of 4
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.
-:.J.-.:.. \-;-
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
{04 - 0 0 :z.
:5,-;<'0. /)'7
C; '-17 03.
Applicant:
L\ ~ ~ W ~\ \L€-\
Name
\D<gI'6 N. t\'.JQ.., L
Ad dress
LIi~D~~ Tx
11611
1(3 -;J. &9 - qg s /
Phone
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
Street Address
\ l) 8> I:) t\:;.~".t L
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.
b) The type of relief! am seeking (setbacks, lot coverage, etc.).
c) The grounds upon which I am making this request.
* If appli<:ant is NOT the owner, he must provide Authorization to act on the Owner's behalf.
SI~o/oq. ~~-' L<_rlOn~A.
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:
j~ ~S,'L~07
I
Applicant Notified of Date:
Notice to surrounding property owners- Date:
Board's Decision:
Approved ( )
Denied ( )
Notice of Hoards Decision mailed to Applicant/Owner:
I
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 TillS MATTER:
TYPE OF RELIEF BEING SOUGHT:
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GROUNDS FOR THE REQUEST:
S:\CPShare\INSPECI'ION DIVISION\Standanl Forms\ZONING APPEAL OFFICERS DEC.doc REVISION 10/21/03 RYC
May 14,2009
My name is Lisa Walker. I am currently residing and purchasing the property known as
10815 N. AVE L, La Porte, TX. 77571. I am requesting a variance on the City Code of
Ordinance 97-2198; the keeping of domestic livestock on property not less than 1 acre. I am
requesting this variance due to the therapeutic value and valuable life skills that it has helped my 9
year old daughter Baylee Walker with. Baylee is Mentally and Emotionally Ghallenged; she
suffers from a form of Autism known as Pervasive Developmental Delay. From the time Baylee
could make sounds the only way she would communicate with me or anyone else was to growl or
grunt and act in an "animal like manner". With the help of extreme medications she did finally
begin to use some words to communicate, but the drugs did little to help with aggressive and
mostly violent behaviors towards me and then children or other adults she came into contact with..
After moving back home to La Porte where I was born and raised, we got her first chickens.
Baylee has always loved to see and be around animals and I could see that they did calm her and
she would talk to them. As she spent more time with them she would help to take care of them
and named every one of them. I learned fast that I had found a way to reach my Ghild and help her
to relate to the world and to teach her ways to react to and deal with the many different situations
that anyone including children face everyday. As we got different animals that interacted with
Baylee in various ways I noticed she had learned to settle "disputes" among them, She began
learning patience and tolerance, that the animals all reacted to situations differently but they all
managed to get along with out being violent with each other. I noticed that as she spent more time
with them she began to communicate more with me, her teachers, her Doctor along with other
people. Needless to say it will usually only be telling you about her animals or what they did,
but it is talking and not growling or grunting. She has made so much progress since getting the
animals, but still has a very long way to go. I also know that my daught@f will probably neV@f be
able to hold a real job and or be able to coexist in the world the way that we do and also I hope to
be able to teach a way to be able to help provide for herself and learn to contribute to society
when she is an adult and I am no longer here to care for her. I am asking for this variance for only
a 7 1/2 to 8 year time frame or while Baylee resides in the house. My goal is to complete the
purchase of the property in '7 Yz to 8 yrs, and to sell the property and purchase a larger amount of
land where we will be able to have the animals with out any difficulties and where Baylee will be
able to remain and can be a productive member of society.
Thank You for your Consideration,
~~
Lisa Walker
EXHIBIT A
.... Southeast
~I Family Resource Center
5901 Long Dr.
2:J~ Houston, Tx 77087
Office: (713) 970-4300
Fax: (713) 970-4373
MENTAL HEALTH MENTAL RETARDATION
AUTHORITY OF HARRIS COUNTY
May 12, 2009
To Whom It May Concern:
Baylee Walker is currently followed at the Southeast Family Resource Center on
the Children's ACT team for severe mental health issues. She suffers from a severe
autistic spectrum illness, Pervasive Developmental Disorder, with marked social delay,
poor ability to relate to others, extreme difficulty to handle change, problems with anger,
anxiety, depression, and aggression. During the course of her treatment her mother, Lisa
Walker, discovered that she related much better to animals, and we have encouraged this
interaction to assist her in handling the extreme stress she endures from even a typical
day for a normal child. Caring for her farm animals has been a very calming activity,
which also gives her a source of accomplishment she has difficulty achieving in her
relationships with people. Working with animals will also give her the opportunity to be
more self sufficient as an adult, as she is not expected to perform well at any job that
requires social interaction and understanding with people. Her attachment to her animals
has also been a way to help calm her when she is frustrated or having to deal with
changes in her routine, which for her would previously cause severe outbursts and
aggression. Medications alone cannot help with these symptoms, and this experience of
raising farm animals has been an important toll in assisting her. To remove this family's
animals would be extremely detrimental to her emotional well being and mental health,
and could cause a serious regression in the progress she has made. Please consider this
factors as you decide upon this very unique case.
~
Michae cGinnis, MD
Medical Director, SEFRC - CAS ACT
~ Southeast
~~ Family Resource Center
@~/ I 5901 Long Dr.
~ Houston, TX 77087
~ /'.-/1. Office: (713) 970-4300
L/lIIIIIIIIlI Fax: (713) 970-4373
MENTAL HEALTH. MENTAL RETARDATION
AUTHORITY OF HARRIS COUNTY
To Whom It May Concern:
We are writing this on behalf of Lisa Walker and her daughter Baylee.
Baylee suffers from a mental health disorder (PDD) and she unfortunately
processes things different than other children her age. An important aspect of
Baylee's treatment is learning how to adapt in society. The animals that Ms.
Walker and her daughter raise play an intricate part in this development. Baylee
learns compassion, they allow her to have a way to calm herself when
overwhelmed, and away of learning a craft. Baylee will struggle in the future
finding a way to produce income for herself. Ms. Walker is teaching her how to
care for animals, grow things and how to sell what the animals produces to
supplement income. The Special Education teacher at Baylee's School utilizes
pictures of Bay lee's animals' to calm her. By forcing Ms. Walker to sell all her
animals would be a detriment to Baylee's progress and the well being of this
family. We implore you make your decision concerning this family a positive
decision and not add to the already up hill battle they fight everyday. rfyou need
anything further please feel free to contact Shea Meadows at 832-489-5133 or
Sharma Joubert at 713-970-4528. Thank you.
,cereIY'
She~~
Parent Partner CAS ACT
MHMRA of Harris County
ZONING
~ 106-744
(h) Reserved.
(i) No accessory uses or equipment except for air conditioning structures or condensers may
be located in a required side yard except for side yards abutting streets where equipment is
fully screened from view.
(j) Large lot district. Refer to section 106-416, special regulations.
(Ord. No. 1501-T4, ~ 6(Exh. F), 10-24-05; Ord. No. 1501-B-5, ~ 6(Exh. F), 5-8-06)
Sec. 106-742. Domestic livestock.
(a) Domestic livestock (cattle, horses, hogs, sheep, goats, chickens, and geese) are a
permitted accessory use on lots in excess of 43,560 square feet, provided that all domestic
livestock as defined above be restrained no closer than 25 feet from property that is not devoted
to the keeping of domestic livestock, and provided further that said domestic livestock be kept
in a concentration that is less than or equal to:
(1) Two cows per acre.
(2) Two horses per acre.
(3) Two hogs per acre.
(4) Two sheep or goats per acre.
(b) In any event, the total for the above referenced grazing animals (i.e. sheep, goats, hogs,
cows, or horses) shall be cumulative. In the event of fowl, no specific concentration is
established herein, but in no event, shall the cumulative concentration of fowl be such as to
create a health hazard. The requirements of section 34-126 et seq. shall apply in any event.
(c) The keeping oflivestock or fowl for the purpose of breeding for sale, whether engaged in
as a primary or accessory activity, shall be considered a conditional use as specified by section
106-331, Table A.
Sec. 106-743. Breeding kennels (dogs and cats only).
Breeding kennels for dogs and cats only, are a permitted accessory use on lots in excess of
43,560 square feet, provided that all of such kennels are licensed according to section 14-81 et
seq., and any amendments or additions thereto. Provided further that all animals must be
boarded in enclosures located no closer than 100 feet from any property line. The requirements
of section 34-126 et seq., and any amendments or additions thereto shall apply in any event.
Sec. 106-744. Bed and breakfast.
(a) A bed and breakfast shall be operated by resident homeowners.
(b) A bed and breakfast shall conform to the requirements of section 106-334.
(c) Parking shall be provided in accordance with the requirements of section 106-839.
Supp. No. 14
CD106:83
EXHIBIT ('
There is Public Notice Reponses
#V09-003
VARIANCE
FOR
ACCESSORY STRUCTURE
AT 11320 NORTH 'L' STREET
EXHIBITS:
STAFF REPORT
APPLICATION FOR VARIANCE
EXHIBIT A - AREA MAP
EXHIBIT B - SURVEY MAP
EXHIBIT C - SECTION 106-416, CODE OF ORDINANCES
EXHIBIT D - PUBLIC NOTICE RESPONSE
Staff Report
June 25, 2009
Variance Request #V09-003
ADDlicant: Carol King, Property Owner
Location: 11320 North 'L' Street
Le!!:al descriDtion: TRS 268 and 273, La Porte Outlots, Enoch Brinson Survey, Abstract No.5, La Porte, Harris
County, Texas.
Present zonin!!:: Large Lot Residential (LL)
Land Use MaD: Residential
Back2:round:
Harris County Appraisal District record shows the applicant's house was built prior to the
City of Lomax and City of La Porte consolidation in 1980. The current survey of the
property dated June 04, 2009, shows a metal barn with an overhang built in the rear of the
property. 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 an accessory
building with awning and other structures at this site.
The applicant appealed 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. On May 28,2009, the La Porte Zoning Board of Adjustment voted to
support the Enforcement Officer's decision to deny a permit for a structure located within
ten feet of the property line at 11320 North 'L' Street. At issue was a property line
dispute between the neighbors and exact measurements due to lack of a current survey of
the property.
According to the applicant, the overhang/tin structure (20'x35') was rebuilt on existing posts
damaged by Hurricane Ike. However, existing structure is considered to be non-conforming
as it encroaches 3 feet 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.
This variance request seeks to allow the overhang/tin structure to remain in place. The
owner states that a structure was damaged and replaced with new tin and should be allowed
to remain at the original location. In addition, it would allow protection to the animals and
provide a safe and secure place for them to move around the barn area. The owner also
states that the structure was expensive and tearing it down would cause him financial loss.
Board of Adjustment
6/25/09 - #V 09-003
Page 2 of3
Analvsis:
Section 1 06-192(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 106-1 defines accessory structure as "... a detached, subordinate structure, the use of
which is clearly incidental and related to that of principal structure or use of the land, and
which is located in the same lots as that ofthe principal structure or use."
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 accessory structure 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
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 thepLarge Lot district ofthe City.
Board of Adjustment
6/25/09 - #V 09-003
Page 3 of3
Conclusion:
Appeals:
Variance Request #V09-003, which seeks a variance for a 3' setback of an accessory
building (hangover/tin structure) on a large lot residential lot by allowing an existing, non-
permitted structure to remain in place, is not contrary to the provisions of the Code of
Ordinances. In addition, the parameters for the requested variance may 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 encroaching 3' into the setback line 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 structure to clear 10' setback from the property
line (variance denied).
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.
~h
CITY OF LA PORTE
ZONING BOARD OF ADJUSTMENT
VARIANCE 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
VDq"'ODb
~-/l'O '1
/otJ/',f
Applicant:
Ca~,() /0n1
Name
I J 3Jvo II 1I~/nu.[, L
Ad dress
~j)- q1/-?2/1
Phone
I am the owner of the herein described property. 1 have authorized
to act on my behalf in this matter.
S.e / ;=
Owner*:
~/UlL '1(c n ;1
r
Name
; /370 A/.Ilv<-t!"d~Ud, L
Address
;; g) - 1/1/- g 2 I(
Phone
I am requesting a variance to Sect.
Code of Ordinance.
I am requesting this variance for property located at
of the City Zoning regulations Chapter 106 ofthe
I j 3:1 0 AI -' If J/.efl a. ~
Street Address
L
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 ofthis 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.
* If applicant is NOT the owner, he must provide Authorization to act on the Owner's behalf.
(,-1/- 01
Date
Ct~~ y~~
Applicant's ignature
Office Use Only
Site Pl:1n 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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THE GROUNDS FOR THE REQUESTS:
S:\CPShare\INSPECTION DIVISION\Standard Forms\ZONING BOA1ID V ARlANCE.doc REVISION 10/21/03 RYC
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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:
(D 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
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 106-7 41(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)
DMSION 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
EXHlBll C
A Meeting of the La Porte
Zoning Board of Adjustment
(Type of Meeting)
Scheduled for
June 25, 2009
(Date of Meeting)
to Consider
Variance Request #V09-003
(Type of Request)
I have received notice of the above referenced public hearing.
I am in F AVO R of granting this request for the following reasons:
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I am OPPOSED to granting this request for the following reason~ 'lQVl ~ rY\.{. -+ h. C.s V Cl X" ((I'1.C& , Q.i'\ tt
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Name (please print)
l!32CJ # 4f/<..L.
Address
Signature
LCt-I'o.<-/-f.. 7y
City, State, Zip
7707 /
EXHIBIT D