HomeMy WebLinkAbout06-25-09 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment minutes
OATH OF OFFICE
I, -=r. '3. W C\. LKer , do solemnly swear (or Elffum), that
I will ~thful1Y e~tcute the duti~Ofthe office of z.{)n'n~
13{)(Lr of f\ ~t.t6+Wle.YI. , of the City of Porte,
State of Texas, and will to the best of my ability preserve, protect
and defend the constitution and laws of the United States and of this
State and the Charter and ordinances of this City; and I furthermore
solernnlyswear (or affirm) that I have not directly or indirectly paid,
offered, or promised to contribute any money, or valuable thing, or
promised any public office or employment, as a reward to secure my
appointment or the confinnation thereof. So help me God.
Sworn to and subscnoed before me' this the
day of
Notary Public in and for the
State of Texas
. '1
MINUTES
Zoning Board of Adjustment
Minutes of June 25, 2009
Members Present:
Bob Capen, Rod Rothermel, George Maltsberger, Lawrence McNeal (Alt. No.1) and
Gilbert Montemayor (Alt. No.2).
Members Absent:
Charles Schoppe, and Chester Pool.
Masood Malik, City Planner; Clark Askins, Assistant City Attorney; Shannon Green,
Secretary.
City Staff Present:
1. Call to Order.
Chairman Maltsberger called the meeting to order at 6:00 p.m.
2. Consider approval of the May 28, 2009, meeting minutes.
Motion by Bob Capen to approve the Minutes of May 28, 2009. Motion seconded by Rod Rothermel.
The motion carried.
Ayes:
Bob Capen, Rod Rothermel, George Maltsberger, Lawrence McNeal (Alt. No.1) and Gilbert
Montemayor (Alt. No.2).
None
None
Nays:
Abstain:
3. Consider Variance Request #V09-002 for the property located at 10815 North L Street, further
described by Harris County Appraisal District as TR 4250, La Porte Outlots, La Porte, Harris
County, Texas. The applicant, Lisa Walker, seeks a variance to retain a concentration of domestic
livestock on a tract of land less than one acre for the purpose of meeting the therapeutic needs of
a mentally and emotionally challenged child. 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 Staff's Report.
B. PROPONENTS
Applicant, Lisa Walker spoke in favor of the Variance. Ms. Walker plans to sell the property in 7%
years to buy a better home.
C. OPPONENTS
There were no opponents.
D. PROPONENTS REBUTTAL
There was no rebuttal.
Motion by Rod Rothermel to approve Variance #V09-002 to allow a concentration of domestic livestock
which exceeds maximum number under Zoning Ordinance, on a tract of land less than one acre located
at 10815 N. "L" Street for a period of time not to exceed seven and one-half ( 7%) years. Second by
Gilbert Montemayor. Motion carried.
Ayes: Rod Rothermel, George Maltsberger, Lawrence McNeal (Alt. No.1) and Gilbert
Montemayor (Alt. No.2).
Bob Capen.
None
Nays:
Abstain:
4. Consider Variance Request #V09-003 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 a variance to keep an accessory structure encroaching 3 feet of setback
from the property line in violation of Section 106-416, Code of ordinances, special regulations for
the Large Lot (LL) district. This Variance is being sought under the terms of Section 106-192 (b)
(2) of the Code of Ordinances.
A. STAFF PRESENTATION
Zoning Board of Adjustment
Minutes of June 25, 2009
Page 2 of 2
Masood Malik, City Planner, presented Staff's Report.
B. PROPONENTS
Applicant, Carol King spoke in favor of Variance V09-003.
C. OPPONENTS
Jack Rains of 11316 North Ave L spoke against the approval of Variance V09-003.
Amy Foster of 11316 North Ave L spoke against the approval of Variance V09-003.
D. PROPONENTS REBUTTAL
Applicant Carol King, spoke again in favor of the Variance.
Motion by Rod Rothermel to approve Variance #V09-003 to allow a 3 foot encroachment into the 10 foot
building setback line for accessory structure on LL zoned property. Second by Lawrence McNeal. Motion
carried.
Ayes:
Bob Capen, Rod Rothermel, George Maltsberger, Lawrence McNeal (Alt. No.1) and
Gilbert Montemayor (Alt. No.2).
Bob Capen.
None
Nays:
Abstain:
5. Administrative Reports
There were no reports.
6. Board Comments
There were no comments;
7. ADJOURN
Chairman George Maltsberger adjourned the meeting at 6:47 pm.
Shannon Green
Secretary, Zoning Board of Adjustment
Approved on this n day of ~
It j/;m1/;if; ~
I George Maltsberger 7
Chairman, Zoning Board of Adjustment
,2009.
#SE09-002
SPECIAL EXCEPTION
FOR
325 S. CARROLL STREET
EXHIBITS:
STAFF REPORT
APPLICATION FOR SPECIAL EXCEPTION
EXHIBIT A - AREA MAP
EXHIBIT B - SURVEY MAP
EXHIBIT C - PHOTOS
EXHIBIT D - CODE OF ORDINANCES, SECTION 106-333, TABLE B,
RESIDENTIAL AREA REQUIREMENTS
EXHIBIT E - PUBLIC NOTICE RESPONSES
Staff Report
August 27, 2009
Special Exception Request #SE09-002
Requested by:
Dottie & Jimmy Kaminski., property owners
Requested for:
Lots 13 & 14; Block 61; Bay Front to La Porte
Location:
325 S. Carroll Street
Zonin2::
Low Density Residential (R -1 )
Back2:round:
The property in question is zoned Low Density Residential (R-l), where a
single- family dwelling is a "permitted" use in this zone. As per Harris
County Appraisal District record, the single family house was built in
1971. The property is located at the northwest comer of South Carroll and
East 'c' Street (unimproved right-of-way). The land area is 6,250 square
feet and total living area equals 1,255 square feet. The required front, rear,
and side yard setbacks are 25', 15', and 5' respectively.
The applicant has submitted a Special Exception request for a reduction in
the standard front yard setback from 25' to 14' in order to build a front porch
or awning within the front setback. The applicant is requesting to place an
11 'x24' roofed-over porch area/wooden deck with a walkway setback 14'
from the front property line along S. Carroll Street. A copy of the property
survey and covered porch specifications are attached.
The abutting lot requirement as referenced in Section 106-191 (b )(2)(b) of the
Code of Ordinances does exist. The required front yard setback of existing
homes within the same block varies, and front yard carports/porches are
common in the area. Should the Board approve the applicant's request as
submitted, the porch would remain consistent with the neighboring
properties.
The applicant has stated that a wooden deck existed at one time; however,
the aerial photography does not reflect this and an old surveyor photographs
do not confirm or substantiate in this case. The applicant further states that
the porch is needed due to a medical situation of the property owner.
Board of Adjustment
August 27, 2009
#SE 09-002
Page 20f 2
Analvsis:
The applicant is asking the Zoning Board of Adjustment to consider
reducing the City's standard twenty-five foot (25') front yard setback
requirement to permit the front porch.
This exception is being requested under the terms of Section 106-
191 (b)(2)(a) of the City's Code of Ordinances.
.:. To deviate a front yard setback requirement where the actual front yard
setback of any abutting lot does not meet the front yard requirement.
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 finds 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 front porch for a single-family dwelling within a reduced front
yard setback.
Staff has determined that several homes within the same block do not
comply with the required twenty-five foot (25') front yard setback and that
types of non-conformities are typical to this area.
When considering this Special Exception request, it should be noted that the
existing house currently maintains a minimum front yard setback of 25'.
However, the drive approach does not meet current City driveway criteria
and is considered pre-existing & non-conforming.
The Board must consider whether decreasing the front yard setback, 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.
Board of Adjustment
August 27,2009
#SE 09-002
Page 30f 3
Conclusion:
Appeals:
Based on the facts outlined in this report, staff feels the applicant's request
deserves consideration by the Board. It does appear that the granting of the
requested special exception under Section 106-191(b)(2)(a) would not be
contrary to the best interest of the public and would not adversely impact the
adjacent properties.
The Board may consider:
~ Approving Special Exception and allowing the front porch on the
subject property with a reduced front yard setback of 14'.
~ 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.
-;:':"-H
CITY OF LA PORTE
ZONING BOARD OF ADJUSTMENT
SPECIAL EXCEPTION REQUEST
Application No.: Si:.oq,oo;t.
OFFICE USE ONLY: Fee: $150.00 Date Received: ... S"o&J
Receipt No.: I?
Note: This Fee is Non-Refundable Regardless of the Board's Decision
Applicant:
l)t? t-t- ;' e
,
kAN/N'sk/
Name
_~ ?.. 5- ~ Cf\1(Yh \ \ ~~
Address
PH:tZA{') ~1UD/~g
I am the owner of the herein described property. I have authorized
to act on my behalf in this matter.
,
Owner"': '\)tlt+'1 f' KJ\t--\ i NS lC t
Name
.s 2~ (~ C-hrrc r / PH: (2-8 1) If 7/-5 tJ 1fT
Address
I am requesting a Special Exception to Sect.
ofthe Code of Ordinance.
I am requesting this Special Exception for property located at
; -/91 of the City Zoning regulations Chapter 106
3 2.S ~ (UA-YYO \ ~
Street Address
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 ofreliefI 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.
Date
Applicant's Signature
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.
@ Exceptions to front yard requirements 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) Waiving or reduction of off street parking and loading requirements if the Board feels
they are unnecessary for the proposed use of a build ing or piece of property.
Please remember it is the Applicant's responsibility to prove that a Special Exception will meet
the above conditions.
Ifthere is not adequate room on the remainder ofthis 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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THE GROUNDS FOR THE REQUESTS:
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#8E 09-002
-----
SURVEY PLAT
TO JiLL PARTIES INTERESTED IN PREMISES SURVEYED:
Th1t 1.110 certtfy thai I have, this clale, made a careful and accurate IUryer on
No. 32G" 5.C AR RilL LAvE. ,in the city of LA POATE
. lI' follow. :
LoI No. /3 AND /4
ofe,A'''(.P.-99ft.T.",..." ," /;',
Teus, according 10 the MAP
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, TUlII, delcribed
. Block No. ...~.1...._ Cty Block No...................
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EXHIBIT B
EX\i\B\1 C
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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.F mum Develop- Mini-
mum Mini- FR.S. Site ment mum
Lot mum 2,3,4,5, Areal Open Land-
Area I Lot 6,10, Maxi- Unit Space I scaping
Uses D.U. Width 11, 12, 13. mum S.F Unit Required
8 S.F L.F. 14,15 Height 7 S.F. 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%/NI A
lot line 6.0 #1
DU/A
Duplexes 6000 60 25-20-20 45 Ft. 8.0 Footnote 60%/NI A
DU/A #1
Single-family converted to 6000 50 20-10-5 35 Ft. N/A N/A 50%/N/A
multifamily
Townhouses, 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%/6%
6.0 #1
DU/A
Manufactured housing subdivi- 100 of N/A N/A N/A N/A N/AIN/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/A/6%
6) and day care homes
Supp. No. 13
CD106:47
EXHj~JT LJ
Zonin~ Board of Adjustment
(Type of Meeting)
~~~~u~
\\1\\ !lUG 1 1 2009 W
A Meeting of the La Porte
Scheduled for
By--
:::
August 27, 2009
(Date of Meeting)
to Consider
Special Exception #SE09-002
(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:
~t9r heClJ"Th reOstJ/1
cJf)
. r,b-, m v K Cl. n? /',rJ 51.., / ~
I
I am OPPOSED to granting this request for the following reasons:
PI9 YJu/t:! ~ au,
, Name (please print)
B~~ff /Z,~<;
Signature
32h 5 C!.o.Y'l"v// sT
Address
L(J PeJr1 e I r '/ ~ /:/'7/
City, State, Zip
EXHIBIT ~
A Meeting of the La Porte
Zonin Board of Ad "ustment
(Type of Meeting)
li { L~L.~T!l
f:d '.
AUG 1 ., ZGGS i.'
--~.""! I
Scheduled for
By
August 27, 2009
(Date of Meeting)
to Consider
Special Exception #SE09-002
(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:
tJ A.lL -'Y!-fr ,/1.M<J f}1U -J::o ~ _~h 'Itpt. A0/JJ1j~
j.2 nOAIl"lif ItM1Jd) A-,'4/JJ.J.lkJ <{,4 ~ .tJ.Li.LL lulju
f1 j4fl))Av MU( lO()Jj jJ itfrt a U/ i &/L ,;.17.
I am OPPOSED to granting this request for the following reasons:
J;J--I:LA 6JGiH !+. ~A.9T k,EL
Name (please print)
~jJ~alJ.iJJlL (l (1AlnQ;
S1gI1ature
,8 ()q J~ C.a~
Address
~fJJl'k/~. '776 7 /
City, State, ziP
A Meeting of the La Porte
Scheduled for
Zonin Board of Ad'ustment
(Type of Meeting)
August 27, 2009
(Date of Meeting)
to Consider
Special Exception #SE09-002
(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:
'11 fi D ~
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dU.YI NG- wet LueNth1:' r
I am OPPOSED to granting this request for the following reasons:
f ' Ffj , b'
~ rM H II~ ,ltlLfi illS;
Name (please print)
~E~
S1g11ature
_32.S ~ (~n~ II 'Sf-:
Address
) ~)O ) --
Lf-f . r\12r:e. JeX45" 77c;7 /
City, Sta'te, Zip
Scheduled for
A Meeting of the La Porte
Zonin Board of Ad "ustment
(Type of Meeting)
August 27, 2009
(Date of Meeting)
to Consider
Special Exception #SE09-002
(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:
::r: l~ e-:---CU,-a-\o-
Name (please print)
, . r\
9--~ c-. ~~
Signature
4:0d- S;. C.o-"D~ \. Sr-t.
Address
L 0..... \;b~ ) \'t- -rt S-"1 \
City, State, Zip
#V09-004
VARIANCE
FOR
410 BAY COLONY DRIVE
EXHIBITS:
STAFF REPORT
APPLICATION FOR VARIANCE
EXHIBIT A - AREA MAP
EXHIBIT B - PLOT PLAN
EXHIBIT C - FLOOR PLANS & ELEVATIONS
EXHIBIT D - SECTION 106-771, YARD REQUIREMENTS
CODE OF ORDINANCES
EXHIBIT E - PUBLIC NOTICE RESPONSE
Staff Report
August 27, 2009
Variance Request #V09-004
Reauested by:
Reauested for:
Location:
Zonine::
Backe:round:
Analvsis:
Susan Crippen (Property Owner) c/o Altura Homes
Lot 24 & E 31 ft. oflot 23, Block 1, W. P. Harris Survey, Abstract 30, La Porte,
Harris County, Texas.
410 Bay Colony Drive
Low Density Residential (R -1 )
The subject property is located in southeast La Porte in the vicinity of the Houston Yacht
Club. Harris County Appraisal District records show the land area as 10,602 sq. ft. The
property is zoned low-density residential, where a single-family home is a permitted use.
Required building setbacks are front 25' , rear 15', and sides 5'.
Altura Homes is building a home for the applicant at 410 Bay Colony Drive as per
original floor plan and elevations submitted and approved by the City. However, the front
stair system erected at site was not represented on the original plot plan. In fact, as built
stair case is extended 10'9" into the front yard setback.
Section 106-771 of the City's Code of Ordinances allows steps/stairs up to four (4) feet
into front yard setback. The stair case, as erected, is 6'9" beyond the permitted front yard
requirement, leaving only 15' wide front yard along Bay Colony Drive. The applicant,
subsequent to a violation notice, applied for a variance to allow the stair case to remain in
place.
Section 1 06-192(b)(1), 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
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
Zoning Board of Adjustment
August 27,2009
#V09-004
Page 2 of2
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 stair case may create aesthetic and visual problems with
adjoining properties.
A survey of surrounding properties shows that this non-compliance with the ordinance is
not typical to the neighborhood. The stair system 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 this neighborhood and other 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 #V09-004 to allow stair case, which is encroaching 6'9" into the front
yard setback, 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 stair case to remain in place (variance granted).
. Require the applicant to redesign & reconstruct stairs (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.
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 ofthe Board's Decision
OECEIVEn
n AUG 0 7 2009 U
Applicant:
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Name rr- I
AID 'Bo.( Coloo.t Dr $32-70l5-WxfA
Address Phone
I am the owner of the herein described property. I have authorized IJ / fu rCll.- Ho I'Vl e5
to act on my behalf in this matter.
~.<)lm L. Cr ~~
L Name I I l
!:illL'&y rDhIDY D.
Address
Owner*:
1)')2- 7;7)-l12loq
Phone
I am requesting a variance to Sect. (cJ& -- 77 I of the City Zoning regulations Chapter 106 of the
Code of Ordinance.
I am requesting this variance for property located at t/ / r!J 1> fA 1 C <J ( \) f) Y Dr;
, Street Addn!ss
L..,/ Z if of :=flS/" 51 I of t?-3 [5LflC-l'- I
,
Legal Description
(1'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) AU 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 Author~ion to act onfhe Owner's behalf.
?/~/01 rJ~.-/cf{~(41t:~ lY-viWJ
Date Applicant's Signature
Office Use Only
Site Phn 2nd Authorization (if applicable) attached? Yes () No ()
Date transmitted to the Board of Adjustments:
M eetin g 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
A variance is a "deviation from the literal provisions of the 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 of the 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 ofthe 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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410 Bay Colony Drive
#V09-004
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30' UTILITY & DRAINAGE EASEMENT
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OT 24 & EAST 31' OF 23
BLOCK 1
2~5'..L19/32"
52'-2"
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15'-2 13/32"
GARAGE
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3'-2 13/32"
25' BUILDING LI E
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410 BAY COLONY DRIVE
PLOT PLAN
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10 15 20 30
SCALE: 1" = 20'
40
BUILDERIOEVELOPER IS FULLY RESPONSIBLE FOR ADHERING DESCRIPTION: SQ. FT.
TO ANY AND ALL BUILDING LINES OR EASEMENTS OF LOT AREA: 10,602
RECORD OR THAT MAY BE NOTED ON THE RECORDED PLAT FOUNDATION AREA: -
BAY COLONY REPLAT % LOT COVERAGE: 24%
LOT: #24 & EAST 31' OF #23 BLOCK: 1 FLATWORK CuYd: -
ADDRESS:410 BAY COLONY DRIVE FLATWORK: SOD SqYd:
-
CITY: ROCKWALL COUNTY: HARRIS STATE:TX AREAS: SqFt SOD PALLETS (66):
PRINTED: Auaust 04, 2009 01 :52 PM DRAWN BY: JTK PATIO: - FENCE LENGTH (FT):
-
PLAN: CUSTOM BUILDER: AL TURA HOMES A.C. PAD 4'x4': - <BUYER>
NOTE: LEAD WALK: - SLAB & FRAMING OPTIONS:
CJty sidewalks, driveway approaches, and other improvements inside !he City's DRIVEWAY: - - NONE-
right of way are provided for dem_on purposes only. Consull!he
development plans tor actual construction. CITY WALKS: -
The builder confinns lhaI the property this layout desaibes has APPROACH:
l no confticts with utility structures or drainage inlets. TOTAL FLATWORK:
EXHI~'1 B
48'..4"
14'.2"
13'-3"
20'.11"
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SUSAN CRIPPEN
410 BAY COLONY DRIVE
LaPORTE, TX
AALTURA
HOMES
2S29WATBRSTONELANE- ROCKWALL, TEXAS 75032
VOICE.: 1.214-771-08U - FAX: J-214-771-0899
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~ 106-751
LA PORTE CODE
Sec. 106-751. Shipping containers.
Shipping containers may be used as temporary material storage facilities on construction
sites in all zoning districts except residential (R-l, R-2, and R-3). In addition, commercial
construction allowed in residential zoning districts may use shipping containers as temporary
material storage facilities. (Note: Certificate of occupancy shall not be issued until shipping
container is removed from the site.)
(Ord. No. 1501-II, ~ 7, 3-27-00; Ord. No. 1501-NNNN, ~ 6(Exh. F), 4-25-05)
Sees. 106-752-106-770. Reserved.
DMSION 3. AREA REQUIREMENTS
Sec. 106-771. Yard requirements.
The following shall not be considered as encroachments on yard setback requirements:
(I) Chimneys, flues, belt courses, etc. Chimneys, flues, belt courses, leaders, sills, pilasters,
lintels, ornamental features, cornices, eaves, gutters, steps, stoops, and the like,
provided they do not project more than four feet into any front or rear yard, and two
feet into any side yard.
(2) Terraces, decks, patios, etc. Terraces, decks, patios, or similar features, provided they
do not extend more than one foot above the height of the exterior finish grade
elevation, or to a distance less than two feet from any lot line, or encroach upon any
utility easement. Further, pools shall not be considered as an encroachment on a front
yard setback, provided that such pools are located in a front yard adjacent to Galveston
Bay, and provided further that such pool does not extend more than one foot above the
exterior finish grade elevation, or to a distance less than two feet from any lot line or
encroach upon any utility easement.
(3) Rear yards only. An unenclosed, attached patio cover, awning, or canopy, provided that
no portion of such patio covers, awnings, or canopies shall encroach into any utility
easements, or any vertical projection thereof, and provided further that no portion of
such patio covers, awnings, or canopies shall be located at a distance less than five feet
from the side property line or three feet from the rear property line, or any vertical
projection thereof.
(4) Front and side yard carports. Front and side yard carports shall be permitted for
single-family detached homes subject to the following requirements:
a. Carports in a required front or side yard shall not be located closer than five feet
from any front or side property line.
Supp. No. 12
CDI06:86
EXHlbl f ~
A Meeting of the La Porte
Scheduled for
August 27 t 2009
(Date of Meeting)
to Consider
Variance Request #V09-004
(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:
V I am OPPOSED to granting this request for the following reasons:
'"Tlv S T 1\4 (t C A 5 Ii.. \. SAT ..t.-(UL. I.:, ~ e"f JL :$ tJ(2A;
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City, State, Zip
EXHIBIT E
Scheduled for
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A Meeting of the La Porte
Zonin Board of Ad "ustment
(Type of Meeting)
August 27, 2009
(Date of Meeting)
to Consider
Variance Request #V09-004
(Type of Request)
Ih
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I am OPPOSED to granting this request for the following reasons: