The URL can be used to link to this page

Home My WebLink About01-27-10 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 ) ~,.')..'( D k1~ ?- Applicant: 0uJ \ () c. Q.. Ll2 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 ;; 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: l:.~~~~~,~~~ I~:, c::t:::~;;~,~~ ~. 3:, THE GROUNDS FOR THE REQUESTS: DLu" r e€ UfS L -Rx- CL ('llrl'\ ~ ; {- l1 '.r,:;, de" j ~, rl t, . "- S:\CPShllre\INSPECTlON DIV1SlON\Standard Form~\ZONING BOARD V ARIANCE.doc REV1SION 10/2]/03 RYC N W~ ~ S 2~40 ?G.%O .~SL______-----,__",_,,______,____,______:.___,__:,~,r:-C~en R FEB \ 9 20\0 U BY: i(,"-;- .....::"" ~'- :S,& VI'-.. -/ /r;;~ v ~ I' II ~{~~ teAs! . OCO' Co. f 8uC- . , , ~ '-.. I ( '7 :>< /& --- A&2JAL 4'-t{ 8 \~ ~ . (i ~\ S-10~ V-['I.[. :')' r- -----..... r-> ( cJG... ~,~ ""- R\ · ~ -1' L-O-( 8 ~'t\ 1~ I)' 8~ 5- ~ 't: ; [3 )~ J ~. .' ~\ N a ~ cP~C/ 0 \f) 'y '1 'Z { , to-( 1u <)01 -f!- .. {p' vi (f/b V) ppcf- N .. ~ct: 8 L-O{ (0 (4G.5& ( ~ /1\ / \ ,\,1 f-!~ /" W E- S I 60 ~ c:f:) (0833 Wt:c;-I MuLLBfRRY tJR\vf (S-O ~pwj 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. '- ,..--- 1/ ~( r1e..(z.. 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 I I -- ;sJ 11 0,00' ~. 374 rn ~/ )> nU' V\ 'f-~; ~ ~~~ (J\ ~ l ~'- 0 ~ - '\.- ~. + . ~" 0 ~ 28~ """ 0 ..... ~ ~ ~~fC;L 1 ~O~O' . } i5' ~..;,,;. s:: \ ~ 11\ NVli'> VI r '" \0' '1'\ D -:l \)l - ' ,.., "'" 'OJ:,...,. r" r. \'\ t;~V.";. v ~ ~ " ,E ~ '2S< 6"'""....J -_'\.' {~ C$ flIf\ )> .,1.,(: y' J.: N ~ v"'\ 0 r." f- C"''':'':, ..." M~ rn 0' l:\j . ~~) t~ ;sJ ~ :;::: ,.;.~ ~ ..-- ~ ---..-.... tv '-J ~ ~ ~ >< (X) ~ ~ 0\ C ~ rn EXHIB,IT C .... ~ 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