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Home My WebLink About08-27-09 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment Oath of Office ,'I .' .' OATH OF OffiCE I, --=r. :I. Wa LKer ,do solemnly swear (or affIrm), that I will ~rhfullY ~ the ~Of the office of ZDnm~ 160cu of:A '/16+m. , 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 solemnly swear (or affinn) 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. -4--/~} - -_.-/ ! . Sworn to and subscnoed before me' this the DC!.. kb~ { i20tJ 9 2/ day of ~......~ f.. ~\ \~ i.J ....,w.:. "lIt.t~<r z c ~ ~d~~~_ !;eL- . Notary Public in and for the State of Texas SHANNON DODSON GREeN MY COMMISSION EXPIRES FtbnJIry 12, 2013 I I t I t I I I I t I I I I t I ) I I I t t i I I I I I I I I I I I I I t t I I t I t I I J I I I , i i I I I r I r J t I I I I I I I I , I i I I r i 1 I I i I 1 r I t I J I I I I ~ ~ tn ~ e f -\&.(^~ '.j'Z~o a ~ 2,- \'> r~ ~ I~ a I I~ 8 . > ld 0- 'e. ~ 1)..L. i (I' t='" ~ .. ) 1 0 1 5- C1) :E o :I:I Z ...., o m ;:j e- el) c:: c- O) Q i" c- e- m 0- Q1 3 en ~ m = 6i' ::l - o ;:j == oJ W )N -. ,.. Q '<; 2. ~ n~ ;z ~J [J") ......~ 5l -+- ;:: ~ ~ :: ~ -=+=- ~ ~ - U\ N~ D ::::: - ~. ~ 0,.. :J g ~ .. m ii: ::: ~. :::; ~ '!:to ~~ =-- _c.... 01 - g.~ ~E' '='0 ~? ~ a -:-\ O;;'y -""t =:~ ~. a '0 ~ "'6 (\1_ ::J::: ~ ;; ~ ~ -(Q - ~~^ ~o ~ ~ ~ ..., . -= f:IJ" ellS CP _ a~ :e- ~I o~ CII""'t ga ~~ -cr> = ~.. "<:0..0.. ~oo ~t')t =gn;- --- 3 ::.. g ~ C"_ :c'C: --ca oCE ~ec> SOi;J; a3~"'" -0 ::!::r =CDDIt I>>oc;- g5i:~ .....=."- ==- =- . CIl-- ~ii=- ~2.~ - - ~~. 0- <) =-~ =a;~ ts), - :c~~ i ~ ~ ~ Q - Co - . "C r:n. ~ ~ c+ e .~ cr; ~ ~~ ~5t >~ ~ Q I U t-"t'\ o .... ~ ~~ ~a. o ~ ~. (j CO ~ I t I t 1 I I I I I ) I , I I I I I I i I I I , I , , I , I , I i , I I I I I 1 I I I I , I I , I I I I I . I I I I I I I I I I I I I . I I . t t I I I I I I I I I I , I I I I I I I I I I I I MINUTES Zoning Board of Adjustment Minutes of August 27,2009 Members Present: Rod Rothermel, George Maltsberger, Charles Schoppe, Chester Pool, Lawrence McNeal (Alt. No.1) and Gilbert Montemayor (Alt. No.2). Members Absent: Citv Staff Present: Masood Malik, City Planner; Clark Askins, Assistant City Attorney; Shannon Green, Secretary. 1. Call to Order. Chairman Maltsberger called the meeting to order at 6:03 p.m. 2. Administer the Oath of Office. Clark Askins, City Attorney informed the board; Mr. T.J. Walker will not be eligible to take the Oath of Office until after August 31, 2009. At this time, Mr. Walker was asked to sit in the audience. 3. Consider approval of the June 25, 2009, meeting minutes. Motion by Rod Rothermel to approve the Minutes of June 25, 2009. Motion seconded by Charles Schoppe. The motion carried. Ayes: Nays: Abstain: Rod Rothermel, George Maltsberger, Charles Schoppe, Chester Pool, Lawrence McNeal. None None 4. Consider Special Exception Request #SE09-002 for the property located at 325 S. Carroll Street, further describe by the Harris County Appraisal District as being lots 13 & 14, Block 61, Bay Front to La Porte, Volume 1, Page 27, MR.H.C., La Porte, Harris County, Texas. Dottie & Jimmy Kaminski, property owners, seek approval to build a front porch deviating the minimum front yard setback requirement. This exception is being sought under the terms of Section 106-191 (b)(2)(a) of the Code of Ordinances. A. STAFF PRESENTATION Masood Malik, City Planner, presented Staff's Report. B. PROPONENTS There were no proponents. C. OPPONENTS There were no opponents. D. PROPONENTS REBUTTAL There was no rebuttal. Motion by Rod Rothermel to approve Special Exception SE#09-002, for the property located at 325 S. Carroll Street, to build a front porch deviating the minimum front yard setback requirement. Second by Chester Pool. Motion carried. Ayes: Nays: Abstain: Rod Rothermel, George Maltsberger, Charles Schoppe, Chester Pool, Lawrence McNeal. None None 5. Consider Variance Request #V09-004 for the property located at 410 Bay Colony Drive, further described by the Harris County Appraisal District as lot 24 and E 31ft. of lot 23, Block 1, W.P. Harris Survey, Abstract 30, La Porte, Harris County, Texas. Susan Crippen, property owner, c/o Altura Homes, seeks a variance to allow stairs encroaching 6'9" into the front setback to remain in place approximately 15' from the property line in the front yard setback. This Variance is being sought under the terms of Section 106-192 (b) (2) of the Code of Ordinances. Zoning Board of Adjustment Minutes of August 27, 2009 Page 2 of 2 A. STAFF PRESENTATION Masood Malik, City Planner, presented Staffs Report. B. PROPONENTS Applicant, Susan Crippen of 410 Bay Colony Drive, spoke in favor of Variance V09-004. C. OPPONENTS There were none. D. PROPONENTS REBUTTAL There were none. Motion by Rod Rothermel to deny Variance Request #V009-004. Second by Charles Schoppe. Motion carried. Ayes: Nays: Abstain: Rod Rothermel, George Maltsberger, Charles Schoppe, Lawrence McNeal. None Chester Pool 5. Administrative Reports There were no reports. 6. Board Comments There were no comments. 7. ADJOURN Chairman George Maltsberger adjourned the meeting at 6:35 pm. Submitted by, ,j Ja~- Shannon Green Secretary, Zoning Board of Adjustment Approved on this 2L day of DJ,~ d/,( /4.,~r- George Maltsberger Chairman, Zoning Board of Adjustment ,2009. _.~~..".<-----,.,_.~_._--~-- #SE09-003 SPECIAL EXCEPTION FOR 225 S. 17th STREET EXHIBITS: STAFF REPORT APPLICATION FOR SPECIAL EXCEPTION EXHIBIT A - AREA MAP EXHIBIT B - SITE PLAN EXHIBIT C - PHOTOS EXHIBIT D - CODE OF ORDINANCES, SECTION 106-797, PROPERTY LINE FENCES IN INDUSTRIAL DISTRICTS EXHIBIT E - PUBLIC NOTICE RESPONSES Staff Report October 21,2009 Special Exception Request #SE 09-003 Requested by: Requested for: Location: Zonine:: Backe:round: Durco Ltd., through Bryan Moore (agent) Lots 10 thru 16, Block 752; Town of La Porte, Johnson Hunter Survey, Abstract 35, La Porte, Harris County, Texas. 225 South 17th Street Light Industrial (Ll) Applicant is requesting a Special Exception to allow a fence in the front yard setback to remain in place. Total area of the tract in question is 21,875 square feet described as lots 10 thru 16, Block 752, located at 225 South 17th Street and West 'B' Street. The property is zoned Light Industrial (Ll) and the City's Code of Ordinances prohibits a fence being erected within the required front yard setback of any commercial or industrial zoning districts. Earlier, the City approved a development site plan for this property. The development site plan shows twenty one parking spaces with landscaping around the perimeter boundary and driveways off South 17th Street. The building setbacks in Ll zone are Front 20', Rear 10', and Sides 10'. During the planning process, the applicant did not propose a fence for this property. This Special Exception request is for a waiver of the standard front yard setback requirement in order to allow a fence located at 3' inside the front property line along South 17th Street. According to the applicant, a front yard fence with a rolling gate is desired for security and safety reasons. The City's Code of Ordinances, Section 106-797(2), prohibits a fence being erected within the required 20' front yard setback in the commercial and industrial zoning districts. Staff analyzed the surrounding area and based upon site inspections and the pictures submitted by the applicant, the following considerations are noted: · A storage/warehouse building at 200 S. 16th Street has an existing fence along S. 17th Street. · The property at 123 South 17th Street has a chain link fence within the front yard setback. The standard front yard setback requirement in the Light Industrial zoning district is 20'. The application submittal includes a site plan showing the location of the proposed fence along with request for "specific" front yard deviation. It should be noted that if the request is granted, the ZBOA will be Board of Adjustment October 21, 2009 #SE09-003 Page 2 00 Analvsis: determining the deviated or "reduced" front yard setback they feel IS appropriate. This exception is being requested under the terms of Section 106-191 (b )(2) 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 circumstance covered by the terms of the Special Exception Section. · Allow a fence to remain in place within the front yard setback. Staff has determined that several properties within the same block do not comply with the required twenty foot (20') 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 building currently maintains a minimum front yard setback of 20'. However, the erected fence does not meet current City ordinance. 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. In this case, it appears that the fence will serve to provide safety and security of the existing facility with parking lot for the employees and visitors of the Durco Ltd. at 225 South 17th Street. Board of Adjustment October 21, 2009 #SE09-003 Page 3 of3 Conclusion: Appeals: ~ Section 106-191 (b) (2) (a), of the Code of Ordinances states that a special exception may be granted if "Any exception from the front yard requirement where the actual front yard setback of any abutting lot does not meet the front yard requirement." The application merits review by the Board based upon the parameters set by the Ordinance. The Board may consider: ~ Granting the exception and allowing the fence to remain within the front yard setback. ~ Denying the variance thereby disallowing the erection of the front yard fence. 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. r--",-~ c:c OFFICE USE ONLY: CITY OF LA PORTE ZONING BOARD OF ADJUSTl\1ENT SPECIAL EXCEPTION REQUEST Application No.: OCI- 003 Date Received: 1-1 q- Ot Receipt No.: Lf' f) q This Fee is Non-Refundable Regardless of the Board's Decision j. ;:----.. I. I_'~ i r-~ ft,.,.-,. ~;-'-i!j I~;.-- .~. ~.< .~ ~ r. ....p 1 b "0'" ~ ~ ~t e L uS l.. N .~ fJ-Y i t i [II. Fee: $150.00 Note: c::trcr 0 . .J,/-D , Name +A. L?J. 57) --Z:Z~ >. J b ,)vl1ror/et" 7f 77 PH: Address I am the owner of the herein described property. I have authorized ~...J 7I h. ~ d r <- to act on my behalf in this matter. / ' Applicant: Owner'" : Vt<yc-O , l., If? I Name zzS- ~r/6 t-h h9/f:A -7;'. 7777 r r. , Address _ PH: L $1 / g-,6 7 ) J '-- ~ I am req uesting a Special Exception to Sect. of the Code of Ordinance. I am requesting this Special Exception for property located at of the City Zoning regulations Chapter 106 ~~';7 1/-1/"2- ,~ f3y '/'7'2..- Legal Description '2- '2.. 5' ;;, ) 7 f-t, Street Address ( ) 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. f-/I-oC; . d/-4_~~ . Date IV/V ~~t'~ignature Office Use Only Site Plan and Authorization (if applicable) attached? Yes () No () Date transmitted to the Board of Adjustments: -- -- -~Meeting.-Date:- _u --uApplicant 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 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 red uction of off street parking and loading req uirements if the Board feels they are unnecessary for the proposed use ofa building 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 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: ; 0", f'" Jp C P -;:Z../i 4 19 Ie. ,,/ A. J_ f"' orf h -r7. 1/ f" '/;; h /:;?.(? 0 ./ 7-1-'A -fJ),,? -kdl t?o ;,fa' ~ 7 f;/~ :..., $ -;;., e e f to CJ):7' e h II? ,'de ..L ..1.- II"'P.p 1 ~ lip)? .. t/~ 5' Gi~i '" Oh 11 V; d C1'1k / . /~~ ~t~.1? d rh @?)'".. p:'yoltPpylv I: YJ P on ,. , . I 5..tJ Y'1f? 7t 5> C; t4,Y'q, " 'Tit- r-:ferlc (' 10 C 'JlPcI .5'/;ee f aVl d ~If} rl /7 'z-. i.j; ~ fe n CoL (/ ~f- Yl/J ~ fA tP h f-l (:) I,,;?Yr.l.t?~ r- Ij . . . I I {7( Jf1bt:it.-. f '3 " J? '7 /d e J 7 rh c: ,1- t: .-ti.-/ . ___77re'f!'" 7 /#E:' .2 /7 fh ;7 r J-je /0 c "'l/~j C c)r 11 er- CJ;> fh-e on i I . L L ) +h -i- . -f.. )) ,iP~;r"'oJ/.e),"7y //r7€ 6Y/ /7 7/rcopl ~d ~/;;:6 f" I)~;;/ -t t: , 1.::9 ;1 / IS/I'" e ~ I ; . 4. fA,,- I'e",,'" e 1!)Y1 fhe r>","p-erlj ilCl-',,~ ~ iThe $fre-ef I:? Off Or )?e-ar ;-,4(::. rhoYlT V ro/er7 //' J/J e for !-he whc~ b/'ck-" i , ! I 3 TYPE OF RELIEF BEING SOUGHT: .?t/e fI Y'~ Y' ~ r bt. e} 1: ~~ -;J (IEOYJr- Y"'1lrd ~p f h19c,k.. / . ?/~~ .'''d J eK C epCt;Y) .~ 1-), e 'I' . THE GROUNDS FOR THE REQUESTS: . Vl.1r Y'e9fAe,r-fhf}?;/d be CJr7)"1/JI-..p) b€c':1q:;e /kyr; t ./ 2(71) ~ d -'2-rc!) dY'P Y??~7: f;,p ~ene 'I!'-- .; PI d C'?r/ i, en Ii of' O!dJ';c ~{//! /?/'OY::?~r'~ ".. . ./ . f f r to /-k nor}i /5 4'Nh'1-P t),',,71Y7Ce a/I z:?re}?fI'J..--rJ. . .. . (/ / / II h ~ C)y) ):7 +-1, 6 fr-p.p t '11 j Ot1 Y $- '~A-"? d f-A fJ ~~C e ..j.. ~j jI -I-'h -t':. / ! II 1/ 11/ TN C ()" n e r t>r:r .I 7 5 .r (!' ,'" r -;;;(0".y ,14 /' S OP~ ;/-11-1:;;> ~r-" #~r f/ / h P A:17 kJ~J/ '25 fj, Q ft.n ce tf( ~ /" '-I . 11 Crt),; rh~ She p t. , S:\CPShare\INSPECTION DIVISION\Standard Forms\ZONING SPECIAL REQUEST.doc REVISION 10/21/03 RYC rj; 1-/0 q J" tll1/--j~r;Z- e. fi/-a~ ~t'//€ 1'; (fer 1:9 I-? ;-k f!/ to n ~ h ''5 k e h-:t /..(l /n /leJ t( 11;- d$ ~ ~ 7~ c- ,P -:!l J E xc{!~f; ~ ~ !let t( <<'ft- /01" ~h~ rr~/"f'rl; /0 c ~ h d 1..)- Z 2- ~ 5: /7 I h f! Frr f~ I ~ ,pl\rco( L.t [7 '277 9,/b r4 /- 'd. t:r tf I r:; '77:77! - :kIll, (h- , %d jll, C-ot/I-cz- I C. F. D Il' W MAIN 51 , 19 ;4 "" ~ ;,;..., '\ .. 1'-.. . , , . - ~ ~ AREA MAP SE09-003 EXHIBIT A . '"--"'~-~"~"'~'~"'-'-"""""'''-'''''''''____'''_ro_'''_' ','w o '" ~g ........ mo: ) ~ SOUTH 17TH STREET (60' R.O.W.) m x en .... z G) " ~ 0: -< !5 ,. ~ o o ,. ~ O'~o- ____ /' llr~~ ( j% 50! . ----"1--------- ~:' .~ ',"'" --------- U> ~ 7'~' '" '" .... o rrl X ~ru V)ru -iUl ~3:- CJ'--tz(,/J ~rCi~ ~~<-O~ "'1t::::1~ ~Q - x--..J -i ",:r: Ul '.::. '-""':. .~ ::~ ~:~~ ~ f'l (J) -----i - ~ rn~ -= '" l. ~ / '" ~ IillYl1OSE\)-ClIlttW<<:!:l!O.2O:lI-2*1 I oWlUlIRYZ2.1!lll1 _ to) 503'05'32'E SO' ,. It;~~~. ,/;~;~iin~UHjit I ;i "'::,.';;L.'.t,-,,~ j" ::::( --Vi: i~,~.i"l \H.J'i"1 ,::>';;""1::,=.1 i./" _~E ........ ::':;:':'II;;~ ..jL I i~ I I t-x ~~E ~~~ g",i!; 0( (J) ~- -----i ::::0 f'l f'l -----i m q ;;0 c::> "" ( rrlru i':Sru V) CO ~3:-i W--t_(,/J r\)rzO 2St:l::jC'l::; v), :r: -",=,CO '-"C'lC2~ ~:1 ~j!; R~ ~ ( ( ~ DO ~ ~ ~ ;; ~... ~~ ~~ ~ ~ ~ 6. EXIST. S" WATER UNE S 03' OS' 32" E 50' EXIST. 6" SANITARY UNE +~ SOUTH 16TH STREET (60' R,O.W,) ....... ~ ....,qI.' -~- E~~~ Mj!; j!; 16'-ll' ( ~* ~! ( ~ '0' ~ ~pp~ "'*8~ / -x- EXIST. 6" SANITARY UNE JO'-' .... '""'-- JO'-~ " ~;:; ~ N .; iD ~ __Jo',RfAJl $..6+-_____ _ - ( ~~ R! " ( X-x 20'FRQNTs'B "'" {. ];! ~~ ~g Ii( \ U lJ')r-r<1 ~ Ox ~~~~ ~ 0,", 0> .;c::Zz::!J CDOrrl~ ;;;~8:::: ~ >:~~ (;)(/);:0:>- ~~~ r::oco :~~~ . _Zro"l ~~~~ ."7k5~~ 52bR<'=:I ^S~~ ~I<:Z a~1=0 ~I-Vn '" DO '" --! 0; .... D. EXHIBIT " -<~ ~~ ~~ ~ \. ~ ~ ~ ~. >..l ~ ~ ~ -~ ~ \i (:) ~ ~ ~ .~ '-\ ~~ \ - ..::) ~ ~~r ~ " ... '\) ~, Q ~ ~ .h., '~' ': ~ ... ~~ .... ~ ~ ~:t ~" {) ~~ ~ ' ~ "\-- ... "'" '\1 ~ ..... ~~ "'" ..... ~ \( ~ ~ ~ ~ ... " ~~ 'a ~ ~ i-- f'\. '" \f\ ~ o ~ ~ I\.- ~ ::f "\ ~ \f ~ ~ \'d r "', ~ ~ \l ~ ~ ~ ~ ~, '- 'k \i tJ ~ V\ { ,""" " ..r Qj ~ y v\ , t'\ ~ ~ ~ ,,~ Jf>1 j 0 ~ ~ ~ \J\ t 1'\ '" \" ~ ~ .!' \J V) .~ " '\! I:J o \j ZONING S 106-798 Sec. 106-797. Property line fences in industrial districts. Property line fences in any industrial district shall not exceed eight feet in height except that: (1) Fences erected along a property line in common with a residential district shall be subject to the provisions herein described in residential district fences; and (2) Fences in commercial and industrial zones which are primarily erected as a security measure may have arms projecting into the applicant's property on which barbed wire can be fastened commencing at a point at least seven feet above the ground, and such fence shall not be erected within the required landscaped portion of any yard or the front yard setback of any commercial or industrial establishment. Sec. 106-798. Fencing and wall requirements for automotive wrecking, salvage yards, junk dealers, etc. (a) General requirement. Every automotive wrecking and salvage yard/junk dealer/scrap metal processor yard with the city shall be completely surrounded and enclosed by a solid fence or wall which is at least eight feet in height. (b) Construction, maintenance of fence or wall. Every fence or wall herein shall be constructed and maintained as follows: (1) All fences shall be constructed of wood, masonry, corrugated sheet metal, chain link or any combination thereof; provided, however, that anyone side of an automotive wrecking and salvage yard/junk yard/scrap metal processing yard shall be bounded by a fence or wall constructed of only one of the above materials. (2) Chain link fences shall be constructed of galvanized chain link fencing with wood or metal slats or strips run through all links of the chain link fence. (3) All fences or walls shall extend downward to within three inches of the ground and shall test plum and square at all times. (4) All fences or walls shall be constructed in compliance with all applicable provisions of the building code of the city. (c) Use of wall, door or building as part offence or wall. Any part of a fence or wall required by subsection (a) of this section may consist in whole or in part of a solid wall and door, or walls and doors of any completely enclosed building on the premises, if such wall or door meets all construction requirements set forth in this section. (d) Gates at openings in enclosure. Openings in the prescribed enclosure which are necessary to permit reasonable access to said automotive wrecking and salvage yards/junk yards/scrap metal processing yards shall be equipped with a solid gate or gates, constructed and maintained in accordance with the requirements for a fence or wall set forth in this section. Such gates shall be closed and securely locked at all times except during normal daytime business hours. (Code 1970, S 123/4-14(c)-(f)) Supp. No. 19 CD106:88.1 EXHIBIT D. #V09-005 & #V09-006 VARIANCES FOR 10323 APPLE TREE CIRCLE EXHIBITS: STAFF REPORT APPLICATION FOR VARIANCES EXHIBIT A - AREA MAP EXHIBIT B - SURVEY MAP EXHIBIT C - PLOT PLAN EXHIBIT D - SECTION 106-333, TABLE B, RESIDENTIAL AREA REQUIREMENTS EXHIBIT E - PUBLIC NOTICE RESPONSE Staff Report October 21, 2009 Variance Requests #V09-005 &006 Requested by: Requested for: Location: Zonine:: Back1!round: Analvsis: William Herrick (Property Owner's agent) Lot 20, Block 3, Fairmont Park East Section 12, William M. Jones Survey, Abstract 482, La Porte, Harris County, Texas. 10323 Apple Tree Circle North Low Density Residential (R-l) Per the survey, the land area of this lot equals 6,720 square feet as lot is 60' wide and 112' deep. Minimum yard setbacks for single-family dwelling are front 25', rear 15', and sides 5'. As per plat of the subdivision, 7' and 10' wide utility easements in the rear and a 10' wide utility easement in the front yard are delineated on the subject lot. Per City Ordinance 106-333, Table B, residential area requirements, a minimum setback adjacent to any utility easement located in the rear yard shall be 3 feet. While, the maximum allowable lot coverage for single family detached dwelling unit is 40% for this type oflot. The allowable coverage for the subject lot is 2,688 sq.ft. In order to build an oversized house, the applicant is requesting to consider the following variances on the lot: 1. To waive minimum three feet setback adjacent to utility easement in a rear yard. 2. To allow additional covered area exceeding the maximum lot coverage of 40%. The variance requests seek to allow the house with maximum lot coverage of 52% or approximately 3,500 sq.ft. of roofed area exceeding 812 sq. ft. from the allowable lot coverage. The owner wants to build a 1 ~ story house with two bedrooms downstairs. As per applicant, a second bedroom would accommodate his grandparents, who have trouble with stairs. In addition, a reasonable garage size is desired to have cars and storage place. 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 lot coverage as "... the area under roof on any given lot." While, utility easement is self explanatory. Zoning Board of Adjustment October 21, 2009 #V09-005 & 006 Page 2 of3 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 property may create a problem with adjoining properties. A survey of surrounding properties shows that this non-compliance with the ordinance is not typical in the subdivision. In viewing the specific grounds for granting a variance, Staff points out that the conditions, as specified herein, is the" . . . result of the applicant or property owner's own actions..." contrary to the provisions of Section 106-192. Staff finds some 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 property within subdivisions throughout the City and very typical of the spirit of the City's Code of Ordinances. The Board's fmal consideration is whether granting of these requests, observe 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 in that all properties, by allowing only 40% coverage, would present an open appearance and promote the health, safety and welfare of the general public. Conclusion: Variance Requests #V09-005 & 006, seek a waiver of 3' setback from the utility easement in the rear yard and greater than 40% coverage of a standard lot respectively are contrary to the provisions established by the Zoning (Chapter 106), Section 106-333, Code of Ordinances. Furthermore, the parameters for the requested variance do not, in our opinion, appear to meet the provisions established by Section 1 06-192. Variances. While recognizing the circumstances associated with the property, the Board could consider: Zoning Board of Adjustment October 21, 2009 #V09-005 & 006 Page 3 of3 >- Approving requested Variances and allowing the house to be built on the subject property as follows: #V09-005 - waiving 3' setback adjacent to utility easement in the rear yard. However, no portion of any building including projections of any nature shall encroach into utility easement or vertical projection of the easement boundary. #V09-006 - allowing 52% lot coverage exceeding 40% and with an additional 812 square feet of covered area. >- Denying Variances and therefore applicant shall comply with the provisions of Section 106-333, Table B, residential area requirements, Code of Ordinances. 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 V ARJANCE 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 Vo1---0VS g ..J 1-(") 7 1,??Sttcf Applicant: (J)1/;~;41 /';K~/21 ~I Name 3 //}:J- c~v.eect;; Ad dress ?? 3~--';:2? 5" - ? 7 CPr Phone I am the owner of the herein described property. I have authorized to act on my behalf in this matter. - E;e J,p-J hi / (;Yffn, #€~I d Owner*: M/?/2/ ci Name Address ~ 3A'- 35i- :5/ /3 Phone I am requesting a variance to Sect. of the City Zoning regulations Chapter 106 of the Code of Ordinance. I am requesting this variance for property located at Street Address ,,- L 0)-;;;'0 .(;Z8d:-,3 () Site Plan () Major Development Site Plan Legal Description 5~/:l.. p~)-- f/ #/CK EI4-51 ( ) 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. th7~9 ~ ~ I Da"te . . Applicant's Signature Office Use Only Site Phn and 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: 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 of the Zoning Ordinance. 4) No variance that allows a use that is prohibited within the Use zone in question may be granted. For example, a variance allowing a commercial use in a residential zone is not allowable. Please remember it is the Applicant's responsibility to prove that a variance will meet the above conditions. If there is not adequate room on the remainder of this form to list all pertinent information, please feel free to attach an additional letter or any information and exhibits you feel the Board should consider. FA CTS RELEVANT TO THIS MATTER: fr) ;:J;J/ICAA/Y 15 , L 0, COl/p/2/l-6k VS / &l Ej:-,FPc"f" OLIJA/J:/(.) 012-51(()76 rD ~uJL-J) ;19- lA/ I~#- .~ 812.fl /lDDf\1 5 a9CllV~. /?-6du!E 5"T/A/6 cfu% s~f/; o 12-/~,J /~ - N;> ~/2 (c'zEA//LV , / AlE~/dld I / 5 J-o"Q V /Yc?~E ( W-L 5'.e CCJ1-/L) 8~ [) ILoOt^Y1 ol2-/J-1.JiJ ~4/2e~ / S~(i//2-s ~#~ - /4 ;2 51 ~E?-/34J /) €JwrJ ( "JC)(JL--JP #c co /1-7 O/J 4- 't1E:- /<1' 15 tu#o /;/4 )/~ r-~oU6W 0 I ;if t" . / Lc:JT- 15 60 K / ! ;;-- p(/ / ~/,.z ~ ft-c)~ /l- .-J.cJ A- , o,J Cf-/,t~ ~.E-#R- 0/1/ 9--// L IS / I{;,/J- ,5~0 h~ CITY OF LA PORTE ZONING BOARD OF ADJUSTl\1ENT V ARlANCE REQUEST Application No.: V D 9. ..... () O"-{ OFFICE USE ONLY: Fee: $150.00 DateReceived:C1-"2..S-c4 Receipt No.: j ~ ~ L.O~ Note: This Fee is Non-Refundable Regardless of the Board's Decision Applicant: /J-iL/t/V1-O ~K/ jl.J . Name '3?--?2- ~Lov M/J11?-~ 9'),"-- - /75- ??79:; Address J. / - v.:.,/U (j) ........ Phone I y-o ,/r~'"" f 0 /7 tJ;J-.5. / / . / I am the owner of the herein described property. I have authorized U./ ;/~'/i-/II') /"Vt"c:./2/2-1 Lie to act on my behalfin this matter. Owner*: 6/L/~N Name ~ }//3/2-/2 I ck Address I am requesting a variance to Sect. Code of Ordinance. I am requesting this variance for property located at 3 I 5M-/:!;/}-c!- I~ 12f2r~~o!::ne /ff2t) t"J, IE.. of the City Zoning regulations Chapter 10 ofthe Lo~ ?-c'J AL C> c)( 2- 51Z.c IJ- Legal Description Street Addres~ L ~ 112~ O-vr-r"!l- JM-S~ (D-Bfie PIa n () Major Development Site Plan ( ) Minor Development Site Plan ( ) Cen eral 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 applicant is NOT the owner, he must provide Authorization to act on the Owner's behalf. ~5/0/ ~-~ Date . Applicant's Signature Office Use Only Site Phn 2nd Authorization (if applicable) attached? Yes () No () Date transmitted to the Board of Adjustments: Meeting Date: Applicant Notified of Date: Notice to sunounding property owners- Date: Board's Decision: Approved ( ) Denied ( ) Notice of Iloards Decision mailed to Applicant/Owner: 3 TYPE OF RELIEF BEING SOUGHT: . /()-- p p I, C-~ I'-' r . /210-#)- L/jJ TO u/ I 7F-#- f'V D Db- ,5/ (Ch) 10 5k:-}- J/ov5}- /' I 7' VI-ILl 1-G-/ /i#5~6"/V'J- /' 3( /. _ S~~ ~c-I'[ THE GROUNDS FOR THE REQUESTS: tyL//itV /,IIU/lid 08--.>/t~J 9-0 II-#I/~ :;- <tJ&PI2t5J?~S cYA/ /5}- ,FL-C7VR.. FoR.. &~EF/~ ();C ALI5" 6"e~IV/J/.A/2h/f/"3 U/#~~ 9#A Y ~~ 1.-) v.L W / ",/.,- AI rm. IJ-p~ J/'C-'i/V)--- L/.&-~/ /d~ f , ,!-O II1lV1L 1(-I;,,5t:;?/V4#L_h >/2--~ ?/{j/ZA6/Z FOIL G4 fl 5' -r ~ )>-0;2.116 E . - S:\CPShare\INSPECTlON DIVISIONlStandanl FormslZONING BOARD V ARIANCE.doc REVISION 10/21/03 RYC AREA MAP V09-005 & 006 EXHIBIT A , ^~-".~~.~-...._",......._~",~~_~c~_.."... MAP OR PLAT llCORDED IN COUNTY llCORDS. DECLARATION IS MADE TO: ORlGlllAL PURCHASER OF THE SURVEY. :IT IS NOT TRANSFERAB~E TO ADDITIONAL C\ t:NSTITUTIONS OR StrnSEQUIDlT OWNERS., .. ..,~' -, --=: ~ ~\ __, :Gi SURVEY IS VALID ONLY IF PRINT HAS ORlGlllAL SEAL AJilTl SIGNATURE OF THE SURVEYOJi." '." ,-" ~ BEARINGS BASED ON llCORDED PLAT. FOlJND OR SET IRON RODS AT ALL CORNERS. ~ . !;;j o N .; .,j n BY: SEP 2 4 2009 t=. x FAIR-/V)oIl/7 PARk ~I/S"'" T~D @ <l1 ~ 57/'" "'-? j 4'-OIIG" .2' "0 ,O~ .~ \. ~. ~... ^ II " ~. -..... v 7'V.€. 2' . ..J EJ ~ ~ Cl "'. .~ ~ EJ ~ :t. o ~ ; ~ ~ i ~ ~ \. ~. 0' IO'VIE, I 9 2.0 <../ ~ o N \) t) N t.!l ~ <l1 .~ ~ o >Q U :.J' ~ 3 ,s ~u "'''' I'-<~ t:i ~ 8?i;;:l Ii 0 ~ ~g~ 0; ~ o ,","'Vl OH e:lHU H~~ SO~ H~ 0 t3 H ~g8 HOU (~~ ~Vlf3 HVl ~ISVl 'J~H ""Vl~ H~ U ~0~ s~s -- ..... 2. 5 J B,I.., ~ ~. ~ 10' V.c~ ';L. XJ' S 7/' 4-'" '4-0'/ t;- ~O.oc) 3 10)12.3 A-??c..~ 7ltGG CI/2.C(f!" NoR""/! SURVEY OF LOCK 3, FAIRMONT PARK EAST, SECTION 12, HARRIS COUNTY, TEXAS ~ 1"=20' 9/18/09 or TaTS PUT IS AN ACCURATE REPRESENTATION OF THAT '\ (.000000000 (- SURVEY MADE ON THE GRDinm ffilDER MY SUPERVISION. ., ,,:~o(,\ S T [4;'''0-::1 THERE All NO APPARENT ENCROACHMENTS OR CONFLICTS /A lQ;-'" "#ir '~\ v' ACROSS PROPERTY LllIES AT THE TlllE OF Tins SURVEY 'f,/ 0 , 0 !'XCEPT AS S1':IOWN HEREON. 1!S1 BiLLY 1.. 5BANXS : W Q~ lq21 -..JO \. \~OO -0 u 7: 00" ,,-! \\, \ 0 , 0 '" 0 '< ': :1/1o,"Oo[,[ S S \'Y,/~0 ~ . v 1'\ OOoaoc,.uo I <: ~~,gJ;;'// 11;f~~ t lIL",-~L 49028 BILLY L SHANKS BILLY L. SHANKS 1414 WAVECllST lANE ~US10~. TEXAS 77062 RPLS NO. 1821 FAX 281 488 1486 281 488 5526 EXHIBIT B f _I>. t 1 I......, ~ - lrrW...lI1 Ill....l....... I~..r'~ ....... .,.,. 11 wlI'~r" 1Ll "UP' ~ ~1I...~""~~~__IIIi1.~ I MAP OR PLAT RECORDED IN COUNTY RECORDS. i DECLARATION IS MADE TO' ORIGINAL PURCHASER OF THE SURVEY. IT IS NOT TRANSFERABLE TO ADDITIONAL it2 iNSTITUTIONS OR SUBSEQUENT OWNERS. . :~ SURVEY IS vAiIn ONLY IF PRINT HAS ORIGINAL SEAL A}\lD SIGNATURE OF THE SURVEYOk. ~I'~ BEARINGS BASED ON RE~ORDEDPLAT. FOUND OR SET IRON RODS AT ALL CORNERS. . I~ . I . I (X I~ !~ I~ ! Q~ '~ DG. - - v. R H <Q ;.:::! ~ . ~ e ~ ~ () tf.l \J Q ~ ~ H ...0 H :to ~ ~ .~ @ ~ i ~ o H ~ < sa ~ o ~ U ~' ~ tf.l ~ . S ..c~u Htf.l tf.l ~~ 8 ;.:::! 8~~ , ~~~ S~ @ O~H o ""'Ztn OH [:;lHU H~~ ~o~ , !j ~ ~ ;.:::!. ~OH HOU ~~~ ~tf.lg; "Htf.l ~~tf.l ~ ~ H b~~ SlrL p ~,()/1J FAIIl,/V)oA/7 PARk e-IfS"T \- ~. 0' l 9 ~ o . N .... ...., I S \1- . \. ~. /~ . '( 5 7 / ~ 4L7 I "'1-0116- 2.' c. (;), (.J'G) '-o--eor >,' . ~",;'-' ~,1 . SEP 2 4 2009 . . .:: t..U 0 c-_ tI.-.-.-------.-.----- ~. \. b' xJ> 2.' 7 'V~I::.-. 10' (),t;... 2.0 C- "'" Cr, C>/LIII Jt <..1 ~ t\ . l\J -- .... I b 'J-. X.tob' 10;23 APPLe "TIU;;G cllU('~ ,voR7"'1I EXH\b\l C ZONING ~ 106-333 Sec. 106-333. Table B, residential area requirements. , (a) Table B, residential area requirements. / \I7Maxi- 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. Areal Open Land- Area I 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%/N/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%/NI A DU/A #1 Single-family converted to 6000 50 20-10-5 35 Ft. NIA NIA 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 NIA NIA NIA NIA NINNIA sion or parks (5 acre min.) front road frontage Group care facilities (less than 25-20-10 25 Ft. NIA NIA NI A/6% 6) and day care homes Supp. No. 13 CD106:47 EXHIBIT D ZONING ~ 106-333 v3. The minimum setback adjacent to any utility easement located in a rear yard, shall be three feet. No portion of any building including projections of any nature shall encroach into any utility easement or vertical projection of the easement boundary. 4. Where adjacent structures within the same block have front yard setbacks different from those required, the front yard minimum setback shall be the average of the adjacent structures. If there is only one adjacent structure, the front yard minimum setback shall be the average of the required setback and the setback of only one adjacent structure. In no case shall the minimum front yard setback exceed 30 feet. 5. All side yards adjacent to public R.O.W.'s must be ten feet. 6. In the case of zero lot line housing, the side setback opposite the zero lot line must be ten feet. 7. D.U.A. is an abbreviation for dwelling units per acre, or the maximum density permitted. 8. All structures except slab on grade, shall be placed on a foundation system described as: An assembly of materials constructed below or partially below grade, not intended to be removed from its installation site, whiCh is designed to support the structure and engineered to resist the imposition of external forces as defined by the Standard Building Code, or in the case ofindustrialized housing, the requirements of the TDLS. Such foundation system shall be skirted or enclosed with wood or masonry to give the appearance of a solid foundation, if one is not provided, compatible with the appear- ance of adjacent housing, and subject to the requirements of the Southern Building Code. 9. See article V, division 4 of this chapter for additional requirements. 10. No sign shall be located in a sight triangle so as to obstruct traffic visibility at a level between three feet and six feet as measured above adjacent road grade. 11. In the case of multifamily residential developments with 50 or more units, said complexes must be located at least 1,000 feet from other multi-family residential developments of 20 or more units. 12. Within the building setback, there must be a ten-foot opaque screen consisting of shrubs and fencing. (See section 106-334(i) for screening and fencing requirements.) 13. Residential developments that are townhouses, quadruplexes, or multi-family dwell- ing units must have a minimum of 25 percent landscaping. 14. Multifamily residential developments adjacent to single-family residential develop- ments must establish a 25-foot buffer between the two developments. This buffer is in addition to the setback as established by this table. 15. In the case of multifamily residential developments, no off-street parking shall be placed within the required setback, or within the required additional 25-foot buffer Supp. No. 13 CD106:49