HomeMy WebLinkAbout10-27-09 Special Called Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment
Members Present:
Members Absent:
City Staff Present:
Zoning Board of Adjustment
Minutes of October 21, 2009
Rod Rothermel, George Maltsberger, Charles Schoppe, Chester Pool, T.J. Walker, and
Lawrence McNeal (All. No.1).
Gilbert Montemayor (All. No.2).
Masood Malik, City Planner; Clark Askins, Assistant City Attorney; Shannon Green,
Secretary.
1. Call to Order.
Chairman Maltsberger called the meeting to order at 6:01 p.m.
2. Elect a Vice-Chair
Motion by George Maltsberger to nominate Rod Rothermel for Vice-Chair. Second by Chester Pool. The
motion carried.
Ayes:
Nays:
Abstain:
Rod Rothermel, George Maltsberger, Charles Schoppe, Chester Pool, T.J. Walker
None
None
3. Administer the Oath of Office.
Clark Askins, City Attorney administered the Oath of Office to Board Member T.J.Walker.
4 Consider approval of the August 27, 2009, meeting minutes.
Motion by Rod Rothermel to approve the Minutes of August 27, 2009. Motion seconded by Charles
Schoppe. The motion carried.
Ayes:
Nays:
Abstain:
Rod Rothermel, George Maltsberger, Charles Schoppe, Chester Pool, T.J. Walker
None
None
5. Consider Special Exception Request #SE09-003 for the property located at 225 S. 17th Street,
further describe by the Harris County Appraisal District as being lots 10-16, Block 752, Town of La
Porte, Johnson Hunter Survey, A-35, La Porte, Harris County, Texas. Durco Ltd. clo Bryan Moore
seeks approval to allow a fence within front yard setback to remain in place. This exception is
being sought under the terms of Section 106-191 (b) (2) of the Code of Ordinances.
A. STAFF PRESENTATION
Masood Malik, City Planner, presented Staff's Report.
B. PROPONENTS
Brian Moore, property owner's agent, spoke in favor of the Special Exception.
Alton Ogden, applicant's neighbor, spoke in favor of the Special Exception.
C. OPPONENTS
There were no opponents.
D. PROPONENTS REBUTTAL
There was no rebuttal.
Motion by Rod Rothermel to approve Special Exception SE#09-003, for the property located at 225 S.
1 ih Street, to allow a fence within front yard setback to remain in place. Second by Chester Pool.
Motion carried.
Ayes:
Nays:
Abstain:
Rod Rothermel, George Maltsberger, Charles Schoppe, Chester Pool, T.J. Walker
None
None
Zoning Board of Adjustment
Minutes of October 21, 2009
Page 2 of 2
6. Consider Variance Requests #V09-005 & #V09-006 for the property located at 10323 Apple Circle
North, being lot 20, Block 3, Fairmont Park East, Section 12, W.M. Jones Survey, A-482, La Porte,
Harris County, Texas. Bill Herrick, property owner's agent, seeks variances 1) to waive minimum
3' setback adjacent to utility easement in a rear yard and 2) allow additional covered area
exceeding 40% maximum lot coverage for single-family dwelling. These Variances are being
sought under the terms of Section 106-192 (b) of the Code of Ordinances.
A. STAFF PRESENTATION
Masood Malik, City Planner, presented Staffs Report.
B. PROPONENTS
Bill Herrick, property owner's agent, spoke in favor of the Variance.
C. OPPONENTS
There were none.
D. PROPONENTS REBUTTAL
There were none.
Motion by Rod Rothermel to deny Variance Requests #V09-005 & #V09-006. Second by Chester Pool.
Motion carried.
Ayes:
Nays:
Abstain:
Rod Rothermel, George Maltsberger, Charles Schoppe, Chester Pool, T.J. Walker
None
None
7. Administrative Reports
Two building permits have been issued for homes at Retreat at Bay Forest South. Those homes are
currently under construction.
The South Broadway Bridge is expected to be completed before Thanksgiving.
8. Board Comments
There were no comments.
9. ADJOURN
Chairman George Maltsberger adjourned the meeting at 6:28 pm.
I,
Shannon Green
Secretary, Zoning Board of Adjustment
Approved on this J..1.... day of tJ~
,2009.
/J V /ftd:i:d --
~eorge Maltsberger r
Chairman, Zoning Board of Adjustment
#SE09-004
SPECIAL EXCEPTION
FOR
123 S. 17th STREET
EXHIBITS:
STAFF REPORT
APPLICATION FOR SPECIAL EXCEPTION
EXHIBIT A - AREA MAP
EXHIBIT B - SITE PLAN
EXHIBIT C - CODE OF ORDINANCES, SECTION 106-797,
PROPERTY LINE FENCES IN INDUSTRIAL DISTRICTS
EXHIBIT D - PUBLIC NOTICE RESPONSES
Staff Report November 18,2009
Special Exception Request #SE 09-004
ReQuested by:
Oakland Land & Development LLC.
ReQuested for:
Lots 15 thru 20, Block 725; Town of La Porte, Johnson Hunter Survey,
Abstract 35, La Porte, Harris County, Texas.
Location:
123 South 17th Street
Zonine::
Light Industrial (Ll)
Backe:round:
Applicant is requesting a Special Exception to allow a fence in the front yard
setback to remain in place. Total land area is 18,750 square feet described as
lots 15 thru 20, Block 725, located at 123 South 17th Street and West 'A'
Street. The property is zoned Light Industrial (Ll). The Code of Ordinances,
Section 106-797(2) prohibits a fence being erected within the required 20'
front yard setback of any commercial or industrial zoning districts.
Previously, the City approved a development site plan for this property that
shows fourteen parking spaces with landscaping around the perimeter
boundary and driveways off South 17th & West 'A' Streets. 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 the front property
line along South 17th Street to remain in place. According to the applicant, a
front yard fence with a rolling gate is desired by the tenant for security and
safety reasons.
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 225 South 17th Street has a chain link fence within
the front yard setback.
The standard front yard setback requirement in the Light Industrial (Ll)
zoning district is 20'. The application submittal includes a site plan showing
the location of the existing fence along with request for "specific" front yard
deviation in order to retain the fence at the existing location.
Board of Adjustment
November 18, 2009
#SE09-004
Page 2 of3
Analvsis:
It should be noted that if the request is granted, the Board will be allowing
the existing fence to remain on the property line or reducing a front yard
setback, and ordering the applicant to move the fence at appropriate location.
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.
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."
Board of Adjustment
November 18, 2009
#SE09-004
Page 3 of3
Conclusion :
Anneals:
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 on the
property line within the front yard setback.
~ Granting the exception with a reduced setback and order to move the
fence to an appropriate location.
~ Denying the variance thereby disallowing the front yard fence to
remain in place.
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
SPECIAL EXCEPTION REQUEST
Application No.: SE tJ9- (JOt.;
OFFICE USE ONLY: Fee: $150.00 Date Received: It- 30 ~o '1
Receipt No.: / () <<7
Note: This Fee is Non-Refundable Regardless of the Board's Decision
Applicant:
OAKLAND LAND & DEVELOPMENT. LLC
Name
123 'SOUTH 17TH ST. LAPORTE, TX 77571PH: 601-442-6648
Address ell 3 ) Y / b -- I.; 1 SlY
I am the owner of the herein described property. I have authorized
to act on my behalf in this matter.
Owner" :
Name
PH:
Address
7 IJ 1A -t:J J..
I am requesting a Special Exception to Sect. 7' 'Te of the City Zoning regulations Chapter 106
ofthe Code of Ordinance.
I am requesting this Special Exception for property located at 123
LOTS 15 -20
S. 17TH ST. LAPORTE, TX
Street Address
, BLOCK 725, CITY OF LAPORTE, HARRIS COUNTY, TEXAS
Legal Description
Q<) 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 be
Office Use Only
Ao/7~/ (!) ,7
Dat
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:
EXHIBIT "A"
F ACTS RELEVANT TO TillS MATTER:
Oakland Land & Development, LLC (Oakland) permitted and constructed a 4800 sq. ft. building
located on six lots at the comer of A and 1 Th streets. The building was substantially complete in
late 2008 and made available to the rental market at that time.
Oakland entered into a rental contract with its current tenant effective January 1,2009. Certain
aspects of the final completion were dictated by the needs of the tenant and the scope of their
business activities. While Oakland constructed the building as a secure premises, some of the
security issues regarding the fenced area were dictated by our tenant's needs.
The fence located on the front side of the property is currently on the property line and extends
from 123 South 1 JIb street to 11 I South I JIb street. Both properties are owned by Oakland and
the location of the current fence affords our tenant maximum security for all of their equipment,
while any other placement of this section of fence would result in equipment being left in an
unsecured area
TYPE OF RELIEF BEING SOUGHT:
Oakland requests a special exception to the front setback rules which would require a 20' setback
for the fence currently located at 123 South 17th street. We request that this short section of fence
be allowed to remain in its current position on the property line between the two buildings owned
by Oakland.
THE GROUNDS FOR THE REQUEST:
The current location of this fence is in no way a hindrance to the use of our own property and has
absolutely no impact on the use of any property that may adjoin ours. The portion of fence in
question is located between two buildings that we own and is on the opposite side of the Block
from any other property owners. The present fence location will have no financial impact on any
adjacent property owners nor will it fmancially affect any property owners in the general vicinity.
Also, there are existing front yard setbacks on our Block that are not uniform with the
requirements of the current zoning ordinance. There are numerous properties that have their
fences located on or about the property line.
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EXHIBIT B
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 123f4-14(c)-(f))
Supp. No. 19
CDI06:88.1
EXHIBlT C