HomeMy WebLinkAbout01-27-10 Special Called Regular Meeting and Public Hearings of the La Porte Zoning Board of Adjustment
Zoning Board of Adjustment
Minutes of January 27, 2010
Members Present:
Rod Rothermel, Charles Schoppe, Chester Pool, T.J. Walker, Lawrence McNeal
(Alt. No.1), and Gilbert Montemayor (Alt. No.2).
Members Absent:
George Maltsberger
City Staff Present:
Masood Malik, City Planner; Clark Askins, Assistant City Attorney; Peggy Lee,
Planning Coordinator.
1. Call to Order.
Vice-Chairman Rod Rothermel called the meeting to order at 6:00 p.m.
2. Consider approval ofthe November 18, 2009, meeting minutes.
Motion by Charles Schoppe to approve the Minutes of November 18, 2009. Second by Chester
Pool. Motion carried.
Ayes:
Rod Rothermel, Charles Schoppe, Chester Pool, T.J. Walker, and Lawrence
McNeal
None
None
Nays:
Abstain:
3. Consider Special Exception Request #SE10-001 for the property located at 47 North
Forrest Avenue, further described by the Harris County Appraisal District as being Lot 14,
Block 19, Sylvan Beach First Subdivision, La Porte, Harris County, Texas. Bayway Homes,
Inc. seeks an exception of 5 feet from a side yard setback requirement of 10 feet for
structures adjacent to public rights-of-way. This exception is being sought under the
terms of Section 106-191 (2) of the Code of Ordinances.
A. STAFF PRESENTATION
Masood Malik, City Planner, presented staffs report.
Six public hearing notices were mailed to property owners within 200' of the subject
property; one was returned undeliverable, no other responses were received.
B. PROPONENTS
Vice-Chairman Rod Rothermel swore in the representative for Bayway Homes, Charles
Anders, of 201 Sunny View, Friendswood, Texas. Mr. Anders requested the side yard
setback requirement be reduced from 10' to 5' to accommodate construction of a one-
story house on a corner lot at 47 N. Forrest Avenue.
C. OPPONENTS
There were no opponents.
D. PROPONENTS REBUTTAL
There were no rebuttals.
Motion by Chester Pool to approve Special Exception #SE1 0-001, for the property located at 47
North Forrest Avenue for an exception of five feet from the side yard setback requirement of ten
feet for structures adjacent to public rights-of-way. Second by Charles Schoppe. Motion carried.
Ayes:
Rod Rothermel, Charles Schoppe, Chester Pool, T.J. Walker, and Lawrence
McNeal
None
None
Nays:
Abstain:
Zoning Board of Adjustment
Minutes of January 27,2010
Page 2 of 3
Chester Pool asked staff to discuss with the Planning and Zoning Commission possible amendments
to the Code of Ordinance sect. 106-333.
4. Consider Special Exception Request #SE10-002 for the property located at 502 & 512 N. 8th
Street, further described by the Harris County Appraisal District as being Lots 9-16, Block 101,
Town of La Porte, Johnson Hunter Survey, A-35, La Porte, Harris County, Texas. GCBSX, LP.,
seeks approval to allow erection of a fence within the front yard setback. 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.
Ten public hearing notices were mailed to property owners within 200' of the subject
property; one was returned undeliverable, three were received in favor.
B. PROPONENTS
Vice-Chairman Rod Rothermel swore in the applicant Jeff Samford, 2022 Willow Wisp,
Seabrook, Texas. Mr. Samford requested a Special Exception to erect a fence in the
required front yard setback.
C. OPPONENTS
There were no opponents.
D. PROPONENTS REBUTTAL
There were no rebuttals.
Motion by Charles Schoppe to approve Special Exception #SE10-002, for the property located at
502 & 512 N. 8th Street to allow construction of a fence within the front yard setback. Second by
Lawrence McNeal. Motion carried.
Ayes:
Rod Rothermel, Charles Schoppe, Chester Pool, T.J. Walker, and Lawrence
McNeal
None
None
Nays:
Abstain:
5. Administrative Reports
· Sylvan Beach project is near completion and scheduled to be open the second week of
February.
· Five Points Plaza is near completion and the grand opening is scheduled February 4,2010.
· Retreat at Bay Forest South; two building permits were pulled.
· Lakes at Fairmont Greens; will soon submit plans for a model home.
6. Board Comments
There were no comments.
7. ADJOURN
Motion by Chester Pool to adjourn. Second by Charles Schoppe. Motion carried.
Ayes: Rod Rothermel, George Maltsberger, Charles Schoppe, Chester Pool, T.J.
Walker
Zoning Board of Adjustment
Minutes of January 27,2010
Page 3 of 3
Nays: None
Abstain: None
Vice-Chairman Rothermel adjourned the meeting at 6:23 pm.
Shan on Green
Secretary, Zoning Board of Adjustment
Approved on this J.f' day of '1U~
&&i~
Vice-Chairman, Zoning Board of Adjustment
,2010.
#VIO-OOl
VARIANCE
FOR
10833 W. MULBERRY DR.
EXHIBITS:
STAFF REPORT
APPLICATION FOR VARIANCE
EXHIBIT A - AREA MAP
EXHIBIT B - SURVEY MAP
EXHIBIT C - PLOT PLAN
EXHIBIT D - SECTION 106-748, CODE OF ORDINANCES
EXHIBIT E - PUBLIC NOTICE RESPONSE
Staff Report
March 25, 2010
Variance Request #V10-001
Requested by:
Requested for:
Location:
Zonin!!::
Back2round:
Mr. Julio Cruz, property owner
Block 26, Lot 9; Fairmont Park East, Section 3 RIP
10833 W. Mulberry Drive
Low- Density Residential (R -1 )
Harris County Appraisal District (HCAD) record shows that the house was
built in year 1984. This is a standard subdivision lot with land area
(66'x11O') equals 6,600 square feet and total living area of the house is
1,440 square feet.
The swimming pool design proposed by the applicant, if placed on the lot in
question, does not comply with the City's Code of Ordinances.
Subsequently, the building permit was denied. The design of the proposed
pool itself does not present a problem. The conflicts deal with placement of
the pool with relationship to the house and utility easement in the rear yard.
The applicant believes reducing the size of the pool would leave it
inadequate for his family's needs.
The applicant contends amending the size of the pool is not feasible and
practically it will encroach upon the required setbacks. So, the property
owner is requesting the Board to consider granting a variance to alleviate the
problem.
Based on the City's ordinances, minimum setbacks for a swimming pool are
as follows:
.
Measuring from the water's edge of the pool, a 6' setback from any
adjacent structure is needed.
Measuring from the water's edge of the pool, a 3' setback from a utility
easement is needed.
Measuring from the water's edge of the pool, a 5' setback from the side
property lines is needed.
A deck (walking area) around the pool may abut a utility easement but
may not encroach.
.
.
.
Board of Adjustment
March 25,2010
#VIO-OOl
Page 2 of3
Analvsis:
The pool proposed by the applicant complies with the required side
setbacks and deck placement requirement; however, it does not comply
with the required setback from the house and/or utility easement in the rear
yard. The applicant is requesting the following:
D Allow the water's edge of the pool to be 3' off the house instead of the
City's standard 6' setback. (Allow a 3' reduction.)
D Allow the water's edge of the pool to be l' off the utility easement
instead of the City's standard 3' setback. (Allow a 2' reduction)
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 zoning ordinance 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.
a) That the granting of the variance will not be contrary to the public
interest;
b) 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
c) That by granting the variance, the spirit of the chapter will be observed.
The Board must decide if the applicant's request for constructing a
swimming within three feet of the house is reasonable. The Board is charged
with deciding whether all of the above conditions have been met.
Staff s review of the case does not indicate an "unnecessary hardship"
relating to the property itself. Staff finds no extraordinary or exceptional
physical situation unique to the specific piece of property in question.
Board of Adjustment
March 25, 2010
#V 10-00 1
Page 3 of3
Conclusion:
ADDeals:
While the reasons for the variance relating to the size and shape of the
pool do not strictly conform to "physical hardship relating to the property
itself', however, a narrow backyard may be taken into consideration when
rendering a decision.
The Board may consider:
. Allowing proposed pool to be 3' off the house instead of the City's
standard 6' setback.
. Allowing the pool to be l' offthe utility easement instead of the City's
standard 3' setback. (Variance granted)
. Deny the variance for the pool to be located within 3' from adjacent
structure and l' off utility easement as prohibited by the ordinance.
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 oftbe Board's Decision
v'1 () -00 )
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Applicant:
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Name
l0033 \tV, v1!lulbe.-v0 Di2... l..APcL~ T'f
Ad dress
2.Rl- ~ 1-3U1t..{
Phone
I am the owner of the herein described property. I have authorized
to act on my behalf in this matter.
Owner*:
j W /.' (") Ct.(,,( 1
Name
10833 W. fU.A-.J1vorry [)e, l_~t-e.l7C
Address
76f-tJ7r- ?Jc..,~'t.{
Phone
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I am requesting a varinnce to Sect. (, of the City Zoning regulations Chapter 106 ofthe
Code of Ordinance.
I am requesting this variance for property located at JDlb33 W. flA..u.(ber:y l'e.. LM..~Tf., 11
Street Address
Legal Description
/,-
(.() Site PIa n
() Major Development Site Plan
( ) Minor Development Site Plan
() General Plan
A Site Plan of the property is attached. Also, I have li~ted 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 ofreliefl am seeking (setbacks, lot coverage, etc.).
c) The grounds upon which I am making this request.
* If applitant is NOT the owner, he must provide Authorization to act on the Owner's behalf.
(J
3-l-/CJ
Date
Office Us . nly
Site Pl:1n and Authori2.ation (if applicable) attached? es () 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:
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An agreement with B.L. & P. recorded under Clerk's File No. J564572.
A Zero Lot Line Access Easement for the purposes of maintenance,
reconstruction, and repair of the exterior wall and roof recorded
under Clerk's File No. J493739.
Provisiobs for zeroo-lot lines recorded under Clerk's File No. J493739.
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NOTE:
NOTE:
NOTE:
BUYER
JMUli~ crcuz Rodrigues and, 10833 West Mulberry Drive
arnJ.e ruz
DESCRIBED PROPERTY EXHIB11 B
Lot 9, in Block 26, of FAIRMONT PARK EAST, SECTION 3, REPLAT, a
subdivision in Harris County, Texas, according to the map or plat
thereof, recorded in Volume 327, Page 52 of the Map Records of
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~ 106-744
LA PORTE CODE
(d) A bed and breakfast shall be allowed one sign, not exceeding three square feet in area
and nonilluminated. This sign may be either mounted on the building or located in a
landscaped portion of the yard. Yard signs shall be located in accordance with the provisions
of article VII of this chapter.
Sec. 106-745. Commercial-industrial accessory structures and uses.
Structures and buildings accessory to commercial or industrial principal uses shall meet all
setback and height requirements of the district they are in as if they were principal structures.
Accessory buildings or structures shall not exceed 30 percent of the gross floor area of the
principal use.
Sec. 106-746. Location of truck terminals restricted.
Truck terminals, as defined in section 70-211, shall only be located in areas directly adjacent
to the right-of-way of the truck routes specifically designated in section 70-231.
(Code 1970, ~ 25-84)
Sec. 106-747. Coin-operated machines.
All sites for coin-operated machines as defined in section 10-31 must be greater than 300
feet from any public or private school, any hospital or any church.
(Code 1970, ~ 4Jh-4(b))
Cross reference-Coin-operated machines, ~ 10-31 et seq.
Sec. 106-748. Swimming pools, spas, and hot tubs.
No swimming pools, spas, or hot tubs shall be erected or located in any required yard except
in accordance with the following provisions:
(1) Setbacks.
Pumps,
Filters,
Spas/Hot Heating
Pools Tubs Decks Equipment
Separation from adjacent structures 6' N/A N/A N/A
Side setback 5' 5' 2' 2'
Rear setback 5' 5' 2' 2'
Setback from utility easement 3' May not May not May not
encroach encroach encroach
Front setback See section See section See section See section
106-771(2) 106-771(2) 106-771(2) 106-771(2)
(2) Fences. Swimming pools, spas, and hot tubs shall be enclosed within a fence at least
four feet in height. Fences shall comply with all requirements of the currently adopted
Supp. No. 14
CD106:84
EXHIBIT D