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HomeMy WebLinkAbout03-25-10 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment Oath of Office d ~ OATH OF OFFICE I, Lawrence McNeal, do solemnly swear (or affirm), that I will faithfully execute the duties of the office of Zoning Board of Adjustment, of the City of La 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 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 confirmation thereof. So help me God. ~~- 0 ~I Sworn to and subscribed before me this 12 day of 8Jt)tettthti. ,2010 ~&JL- f~\ SHAtHlN OODSONGREEN \~.J"}'j MY COMMISSIClN EXPIRES ,~t.w:~ FebMIy 12, 2013 Notary Public in and for the State of Texas y J=S PLEASE TYPE OR PRINT LEGIBLY PROVIDE ALL REQUESTED INFORMA nON STATEMENTOFELECTED/APPOINTED OFFICER (Pursuant to Tex. Canst. art. XVI, *1(b), amended 2001) I, Lawrence McNeal, do solemnly swear (or affirm), that I have not directly or indirectly paid, offered, promised to pay, contributed, or promised to contribute any money or thing of value, or promised any public office or employment for the giving or withholding of a vote at the election at which I was elected or as a reward to secure my appointment or confirmation, whichever the case may be, so help me God. UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING STATEMENT AND THAT THE FACTS STATED THEREIN ARE TRUE. J I J /7 J /0 I Dat'e ~~~ ~~ City and/or County Position to Which Elected/Appointed e. .\ . . . ..... . SHNft:)N DODSoN GREEN MY COMuISsIoN EXPIRES Feu.y 12, 2013 Form No. 2201 ~ ~ OATH OF OFFICE I, Gilbert Montemayor, do solemnly swear (or affirm), that I will faithfully execute the duties of the office of Zoning Board of Adjustment, of the City of La 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 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 confirmation thereof. So help me God. A~~~ Sworn to and subscribed before me this n day of AJo rUJc,~ , 2010 .,~., ~ , -."'- N r\ ;ox ,'J .-ltM~: SHANNON DODSON GREEN MY COMMISSION EXPIRES Febn&y 12, 2013 Notary Public in and for the State of Texas y p PLEASE TYPE OR PRINT LEGIBLY PROVIDE ALL REQUESTED INFORMATION STATEMENT OF ELECTED/APPOINTED OFFICER (Pursuant to Tex. Const. art. XVI, *l(b), amended 2001) I, Gilbert Montemayor, do solemnly swear (or affirm), that I have not directly or indirectly paid, offered, promised to pay, contributed, or promised to contribute any money or thing of value, or promised any public office or employment for the giving or withholding of a vote at the election at which I was elected or as a reward to secure my appointment or confirmation, whichever the case may be, so help me God. UNDER PENALTIES OF PERJURY, 1 DECLARE THAT 1 HAVE READ THE FOREGOING STATEMENT AND THAT THE FACTS STATED THEREIN ARE TRUE. lIlt? jlfJ , Date A~~ Affiant's Signature r )kJ~ J:L ----- City and/or County Position to Which Elected/Appointed Form No. 2201 t ..,~~.~,~. ,.;tt~ ~; \'i.~.:j jl..;'1'.....~. .f ....,?:,,:.. t ~. ~. SHANNON DODSON GREEN MY COMMISSION EXPIRES ~ 12, 2013 Minutes Zoning Board of Adjustment Minutes of March 25, 2010 Members Present: Rod Rothermel, Chester Pool, T.J. Walker, (Alt. No.1), and Gilbert Montemayor (Alt. No.2). Members Absent: George Maltsberger, Lawrence McNeal, and Charles Schoppe. City Staff Present: Masood Malik, City Planner; Clark Askins, Assistant City Attorney; Shannon Green, Planning Assistant. 1. Call to Order. Vice-Chairman Rod Rothermel called the meeting to order at 6:00 p.m. 2. Consider approval of the January 27, 2010, meeting minutes. Motion by Chester Pool to approve the Minutes of January 27, 2010. Second by Gilbert Montemayor. Motion carried. Nays: Abstain: Rod Rothermel, Chester Pool, T.J. Walker, (Alt. No.1), and Gilbert Montemayor (Alt. No.2). None None Ayes: 3. Consider Variance Request #V10-001 for the property located at 10833 W. Mulberry Drive, further described as Lot 9, Fairmont Park East Section 3 RIP, W.M. Jones Survey, A-482, La Porte, Harris County, Texas. The variance seeks to allow the construction of a swimming pool with reduced setback to adjacent structures and utility easement in the rear yard. The variance is being sought under the terms of Section 106-192 (b) (2) of the Code of Ordinances of the City of La Porte. A. STAFF PRESENTATION Masood Malik, City Planner, presented staff's report. Twenty-two public hearing notices were mailed to property owners within 200' of the subject property. The City received one response favoring and one response opposed. B. PROPONENTS Julio Cruz applicant, spoke in favor of the variance. C. OPPONENTS There were no opponents. D. PROPONENTS REBUTTAL There were no rebuttals. Motion by Chester Pool to approve Variance #V1 0-001, for the property located at 10833 W. Mulberry Drive to allow construction of a swimming pool within applicable building line setbacks, based on the following: . Allow the water's edge of the pool to be located three feet (3') off the back edge of the house instead of the City's standard six-feet (6') setback, subject to the condition that the water's edge of the pool be located no closer than six-feet (6') from the back door of the house. . Allow the water's edge of the pool to be located one foot (1') off the utility easement instead of the City's standard three-foot (3') setback. Zoning Board of Adjustment Minutes of March 25, 2010 Page 2 of 2 Second by T.J. Walker. Motion carried. Nays: Abstain: Rod Rothermel, Chester Pool, T.J. Walker, (All. No.1), and Gilbert Montemayor (All. No.2). None None Ayes: 4. Administrative Reports . Five Points Plaza grand opening is March 25, 2010. . Census Day is April 1 , 2010. 5. Board Comments There were no comments. 6. ADJOURN Vice-Chairman Rothermel adjourned the meeting at 6:17 pm. ]:YL- Shannon Green Secretary, Zoning Board of Adjustment Approved on this n day of ftJ, iew...Pu.. ,2010. ;?~~,- -/ Rod Rothermel Vice-Chairman, Zoning Board of Adjustment #SEIO-004 SPECIAL EXCEPTION FOR 110 BAY OAKS DRIVE EXHIBITS: STAFF REPORT APPLICATION FOR SPECIAL EXCEPTION EXHIBIT A - AREA MAP EXHIBIT B - SURVEY/PLAT EXHIBIT C - PHOTOS EXHIBIT D - CODE OF ORDINANCES, SECTION 106-791, FRONT YARD AREAS EXHIBIT E - PUBLIC NOTICE RESPONSE Staff Report November 17,2010 Special Exception Request #SE10-004 Requested by: Sandra Sanchez, property owner Requested for: Lots 13 & 14; Block 12; Bay Oaks 110 Bay Oaks Drive Location: Zonin2: Low Density Residential (R-l) Baclmround: The plat of Bay Oaks, a subdivision of29.99 acres ofland out of the W. P. Harris Survey, Harris County, Texas, shows no recorded building setbacks. Plat was recorded with Harris County on June 24, 1929. Later, the subdivision became a part of La Porte. Currently, 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 Section 106-333, Table B, Code of Ordinances, the required front, rear, and side yard setbacks are 25', 15', and 5' respectively. As per Harris County Appraisal District record, a single family house was built in 1960. The land area is 9,500 square feet and total living area equals 1,064 square feet. A survey dated 12-28-92 shows that house encroaching approximately 5' into a 15' building line recorded per Volume 816, Page 467, D.R.H.C. (copy attached). After hurricane Ike, the owner raised the house above base flood elevation and proposed a wooden deck and stairs. Upon inspection, it was revealed that a deck and stairs encroach additional 4'9" into the front yard setback. This leaves only 5' wide front yard and is a deviation from the approved plan as well. The applicant has submitted a Special Exception request for a reduction in the standard front yard setback in order to allow a deck and stairs to remain within the front setback. The applicant is claiming that the contractor did not follow the approved plan in this case. In addition, there are no uniform front setbacks in this section of the subdivision or along Bay Oaks Drive. Board of Adjustment November 17,2010 #SE 10-004 Analvsis: The abutting lot requirement as referenced in Section 106-191(b)(2)(a) 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, staircase, and fences are common in the area. Should the Board consider the applicant's request as submitted, the deck and stairs would remain consistent with the neighboring properties. The applicant is asking the Zoning Board of Adjustment to consider reducing the City's standard twenty-five foot (25') front yard setback requirement and allow the deck and stairs to be remained in the front yard. 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 a deck and stairs 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 house currently maintains no minimum front yard setback of 15'as shown on the survey and per General Warranty Deed No. 436576 recorded November Board of Adjustment November 17,2010 #SE 10-004 Conclusion: Auueals: 26, 1929. In addition, it does not meet current City front yard setback for single-family house and may not impact the validity of the deed restrictions. 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 stafP 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. 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 deck and stairs on the subject property with a reduced front yard setback. ~ Denying Special Exception to uphold the prOViSIOn of General Warranty Deed No. 436576 for Bay Oaks. As per Section 106-196 ofthe 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. (~. ",-,~' c) 21 22! " 23.i 24.i 25,i 'I 26 'I I 27'j " 28: " 29'1 . 301 C:-;lI 32 ! J 33i 34 I' c",',l!1l '~-"~Ji 36: 37i 381 ,I 39 I I 40 ; 4d i 42' O~ "~~H44 i! 47' I 48i .w r , ,;~>j1:,,- "h-'~i~.~-';'"""-- 4&'7 I~ i 11 2 ; .1 3 j , .-:.... .'.. _ .--'.----- ..--.-.-.-"....---,- -" --...----.----. -. - _._. __ u. _ per8Q~,wboseDB.lllllis subscribed te the within 'instrument, and acknowledged to"me" that he executed t:ne same. li:iooJlmtission ex~ires August 5.' 19}O. lIitness my hand. and oi'ficial seal. Ruby: Dimon'; Notar:y:'Public, in and for Los AngelesOountr, ( S J:4,1. ) 41, 51 ;, 6' Filed for reoQrQ NoV. 2.3, 1929'at-9:ll-5 o'alook A. M, Reoorded Nov. 25; 1929 at 1:55 o'Glcok P.M. d/~~ ~b?-rr/ \. Olerk OountyCourt, Ha.rrisoounty; Texas, Bt- (i~~ Deputy 7; ;1 8,1 j 9 ~ ~ 10:; ~ 11 Q n !low 436516 To WIll. G. :rarrington. Wln. A. Stone. (leneral'-warra.nty' !leed,: " ~ Ii Ii ( I aoknowledgedand oonfessed, have granted, ,sold,and oonveyed, and by these presents do grant, sell ii and oonvey, un1;o thesaidWm. ~. Farrington, of the county o1'1larris, in the state of Texas, to-wit: ~ bot thirteen (13) 1n block,twelve (12}, of Bay oaks, a SUbdiviaion, out of the Wm. p. Harris Survey ~ ~ 1: The ata t e of Texas i Oountyof Harris.; lnow::all menW theEle preeents: 'l'hat I,b. A., Stone, of 'the Oounty, of Hai'risj State::of,'l'exaii; for and in oonsiaeratlon of the BUDlof E'ight gun\iredand 11:0(100' ($g-oo.OO) dolial"tl, 1;olll6inhand paid, by WIll. G.l'anillg'ton, the receipt of 'llhicih is hereby 12:1 13 ~ 14 ~ r: " 15 i 1 161 .. Ii' 18, 19 j 'f 20: ,f on OalvEistonllaY, in Harris county, 'l'l!%as ,acoordiIig to tb-e,Ywor Plat of sa,.-fd. Addition, recorded in VGIU111e 9 page 10, of the Map or Plat Records'of'Harris County,Texas, to whioh reference is berein made, for all pUrpoeee, together with all improvements thereon. To have and t8 hold, the 'aOovedesoribedpremises, together w1'thall,and singular the rights ,and .'appurtenanoes thereto inany,rlse balOIlging, unto the said, ,b. G. farrington, .his ,heirs or assigns forever; and I do here-by bind myself. my heirs, exeoutors m:u;l '-ariminil'ltrators to 1l8.1'rant -and forever defend, all and singular the said premises, unto the said, Wm. G. Farrington, his heirs and ass~gns, against I The property herein described, shall be subj eot to the follClwiog restriotions: l.!ier buildingl exoept for residenQ8 pll'poses and garage and other outl:luildings, necessary t-o be used in OOllIleot1on ! with the l' esidenoe , shall be erected on any building site', herein conveyed. 2. Only ODe , ""residence shall: be ,erected on i;l1e property herein cO!lvey~, and -the-residenoe shall front in-a every person whomsoever lawfullY- olaiming, or to claim the, same,' or any'part thereof. Southerly direction ~n Bay Oaks !:lrive. , 3. 'h. boilding ,in. ,f tho ,... h.,.in ,.,,,,,, .hol' I i ! be at least fifteen (.l5) feet from and paraUelwith the front ',property line, and no building or any' part there,of, shall-be erect ed or -plaeed upon the spaOlt between the said building end the said properly line. It is provided however, that an' open or screen poroh in front of anybuildiIig tb.ereonmay extend to within eight (el) feet' of the front property line ot' within three (3) feet of any side strest property line. ~. No garage shall bs ereoted on said building site to be permanently used as Ii rl;lsidenoe, and in no case shall be garage ,be used as a res iaBnce to exceed '12 months from the datedf the beginning of the erection of said garage. 5. The cost of the imprGVcme-nts, oonsilltiDg tllre'sidence, gaxage.sen-am 's roCllllS, ete,. on said propertyehall not, be less tblln Fifteen hundred ($1,500.00) dollars; it being understood and agreed that the cost of painting is included in the amount named, andtbat no residence or outbuilding'shall be left unpainted. 6. There sha:).l be a ;:ermanent easement 5 feet in width provided for in the deed on the'rear end of the lot, on which oommunityimprov81!lentslllliyube oonstructed and maintained. 7. liQ)'IUd toilet sllall be erected ~n"the said: building site and the purchaser specifically agrees to oonstruot B. oesspool or install septic tank Qr'similar contr ivanoe for sewerage d hposal whioh must be of deSign approved by seller, to whioh toilet, shall' be oonnected~ 45. 46 el. The property. bereinooIlveyed shall never 'be oocupied, sold, rented or leased to any person other than of the f I Oauoasian raoe, exoept iog servant's house or room, lfhiah my be oocupied by domest ie servant s while l t I in the employ of grantee. 9. All pIers that axe now or might hereafter be ereoted upon or extending .into the,waters of the, bay are for the exolus.ive use of the property owners, of the sub- division or their bona fide !ll1ests, and gi'antor shall not be liable!or any injury that might be i.J .1 f ,. "":,~"""",.",,,,,~~,_,,,,,:,,,,",,.=,"",:,-,.,-:,,,''''';'':;~~'~.....o=='..:;,.:.;;~,."-'-.':'"",,,,,"~,:J.=:=.::o...:..;=~.'-,,,,,....:...;::....-....'.,,,..a...,,,,,,,,,'~---4."',-=---,,,;:==-~__~=,,,,,--=,,,-,,, ....--...,- --,,----. ,-,.-- ',,-,,..,.~ 14:68 t. reo"Uled.b1 Il.tl'1lina w11:Ue u.sing said pi~orpie:rs. 10. 'That eXcept for bu.i1ding..po.r.po.seB.tlle 2 Granteel! shall not aut any trees or t1.llIber off the herein.described prOpe:r:tY'i nOl'in.anywise.,injure 3 sa~until purchase price has.. bsem ful1y:paid. 11.. Nospiritous;vinouE1 or malt liquors 0'1' ) . ..... .... 4 l!Iedicated bitters caPable of produ.cing intoxication; shall be sold Dr offered' for sale, on said & 7 ~ 8 i 9 ! 10 I i 11 ~ 12 . :: \ \6 ~ 17 18. 19 20 21 22 23 24 ?" ~) i.261, 27 ! I .28 29 30 I 31 >2 I:B I }4 35 .36 37 . i 38 I 39 40 41 42 43 i 144 ! 145 ' \46 47 premises,. or any part thereof. 12. G:r~es and weeds on the herein . described prcrpel't-ymust () c') ,,,,,,I ~i /~...' \.1.#' (f1'\ :~li1 . . lll.ld eay each for himsHf: Tbsyare brfilthers being respeotively thirty and twenty-two years of 48 Ii age; that their father was qhristian weber, and ~'heir mother, Hadel1neieber, who eaoh married onoe ,,, . !.: S....ll~ .~~~:=~rt. ;~-;:;~~~~~=~~=~.'~'m.~_~="=====~'=="""~""..'''~'''=''=~~==~~~~=-'""'.==.,"=".==~=~~- '. cnrm be kept mowed.and c\!.t atsuoh.regular . intervalS as may be neoessary to !!lalntainthe property il;l. a. neat and attraetible manner until a home is bullttbereon, an.d if tj1e Grantees .fail to Qomplywitb this restriction, Grantor may at his option, have the -grass mowed and the weeds cut, and tbe Grantee are h~eby obligats~ t~ pay Grantor the'oost of s~ob work. 13. No trash, 8shes or other refU8~ may be thrO'lVll on any vaeant lot, easement; 01' Iiltreet in this add1t ion. '"Neitber eha];l any" vaoant lot in this add it ion be used for storagepurpo.ses. except for mater lals to beueed in 111lp1'oVS- ments, to be made thereon, the oonstruction of which 1mpl'ovements shall oGlll1llSooe .within thirty (30) d!tye from the date said materials were placed on the 10t. 14. No livestock may .be pastured all any vacant lot in the Addition. l5.l'l0 btlUdingcmaterial of any k:l.nd or oharaoter shall be Pla.ced 1n the streets, or easements or between the aurh and property line,..it being distinctly tmlierstodd and agreed that all building material to beused1nthe oonetrui;ltion of building on the herein described premises, shall be ple,oed within the property line of said premises, UPGIl delivery and for aperiGd of time not longer than thirty(30) day!;' prior to the oommencement 'of the OODstruQ- i the period .of time that the restr lotions set .forth are in effect , shall 'oe ueed only for residence I purposes, lIliththe fol1owtng exceptions: . That the sener~f thePToperty hel'e1nconveyed, shall i reta.in the -privilege of setting aside oertain paroe1.s af' :PreJ;lertyfo:r Oountry C1,ub,patkS., lJlay- I. , groufids, ba~eballparks, tennis oourts, or otherparoe1s of ground t~t may be used for recreational I pleasure er GOl!llllWlity purpo'ses, an.1i the SElller sl):al1r-etain the privi1ege filf setting aside paroe1s \. '. . . . '. . ! 'of ground for restaurants, schools, gas fil1ing statlens, gar~es or stores; the selection of sites ~ i ii ii :1 Ii ., 1 Witness my hand at Houston, tion of the lJuild:l.ngs. 16. Ashereinabllve stated, pl"CHlerty (lonveYed in Bay Oaks during for suoh}:W'poses sha~l be made for the.:oonve.'lienoe ofpurohas~rs in the l;Iaid !!ubdivil!iGnof. Bay oaks, and theseper speoificaUy:re'tain.stheprivilege of .~ssing upon the plans and methods of construotion .of any buildings to _be .ereot.,ejlon 'lo'ts s'e1eoted for suoh purposes. 17. A'll restriotions-herein set forth shall be deemed oovenants running with the soil, and shall be .void on and aftsr January I, 1950. Ha we ver , at that time, 7.5% oftbe then property OwIlers shall .<'. have the right to extend said restrictions to 1'un to a later date, i Texas, this the 23rd~.a;r of November, A. D. 1929. 1\'Ill. A. Stone. I The state of Texas, \~punty of Harris. Before me, the unde:rs~ed authority, a Notary J'ublio, f in anC! fer Harris Oounty, Texas, on this day personally appeared, WIll..A. stone, kno1i!:l 'to me to be thel ~r13on whose name is subsoribed to the foregoillginstrwaent, ~dacknol'l'ledged to me, that he execut-l ed tlle s8Jlle, for the purposes 8lld oonside:ration therein expressed. 1 Given under my hand and seal of offiee, this the 23 day _of November, A. D. 1929. Barbara Stockton,Notary Pub1io, in and for Harris Oounty, Texas. (SEAL) Filed for reoord Nov. 23, 1929 at 10:10 o'clook.A. Y. Reqorded Bov. go. 1929 at 5:25 a'o1oak 1. lA. I1QA.l..J-, ,~/,;\ (Af~ aleric County Court, garris Oounty, Texas, By t? ~ Deputy No. '+36650 Frflli ,.. Weber, lilt a!. To J.Uidavits. Staj;eofTexas, oc;>untyof aalholln. Before me,tbe untiereigned authorities, as bereinaf1;erset .out, ~rso!)allyappeared, Fr~d pi Weber, and August W~1:ler.,. who haVing been aeve.rallY sworn on oath depose .......... - CITY OF LA PORTE ZONING BOARD OF ADJUSTMENT SPECIAL EXCEPTION 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 /()- VO'! /(J-;t/;.-/O q,77 Applicant: 5 Q Y\ct. y-'q S C).. YI ch-e2- Name J I D bo.~ oo..ks Ket. PH: d-~ I ~ 1 (Js-S?'<2oLf Address ~ Po~-e)TX 11s:J I I am the owner of the herein described property. I have authorized to act on my behalf in this matter. Owner" : So. Y\d l~q S C\ V\ch~? Name \ \ () ~~i o~ks RJ ~ f~t(;tx 11':;;1 ( PH: d..-~) -'OS" ~ ~ ~OLf Address I am requesting 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 \ 0+ \~ 0.';\<:\ \ '-1 b \ 0 c.-K \ ')... Legal Description \ \ D b~~ Oa-Ks \2-d , Street1Address ~ 9C\t-e;n II S;l \ ( ) 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 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. __~3-L ( ~ App 1 ant's SIgnature Office Use Only lol~IIO Date Site Plan and Authorization (if applicable) attached? Yes 0 No 0 Date transmitted to the Board of Adj ustments: 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. a) Exceptions to front yard req uirements 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 req uirements 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 of a building or piece of property. Please remember it is the Applicant's responsibility to prove that a Special Exception 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: h\:)\.-X~ l:::h__,,'\ \f '\V\ \ ~ '}bl-S ~t bC\cL fo(' Y\~\ 5 ,~b D\'ho\J d s '-TS \ D ( \ V\ -r, J'y""+ of \ S ( ~+ bC\ L\Z , Th::: "'3\ +5 \rJ \/\-Q ~ €- 'C-tw C\ S '0 '-"-- '\ IT- f\J~' S h ,'DC) ( ho u ,1 N 0 ~\<\ --t't" \'"V\ \~ tJ 'v\5R 3 TYPE OF RELIEF BEING SOUGHT: - 0\ \ \ n V0 C~ ck- G-V\d StE~5 +0 C\ -Ie , I~ Y".,\Q \ y\ os +-~~ CDY\+rCA cfo, +V'\Q+ V'\J q ~ S ~ f () (, -€-c\ -tn b,-^-- \ \ d d ~cK O(v'-d st~?S J\J Y"\.o-t P\y'\\s~ JO\?, n\~:J .JV\ST r Q" ~ Y-Y'j ho\A.. ~ Q \"\.6, \f\~ \j~{' (<^ VV\ -e ba c,t::., , \--\~d 1-0 \0\ ve \'\e\-A.) ~+'f'C\ c--tor- +0 -~=\ VI \ '5\\ \\::l \? ' --J l\' o...k.z . I h.Qd LU ~+'rQ C+D-\ C\ d. d \ +'{ 6Y"Cl- \ Y'V\,~~j +0 'I V\ \ sh S+-cf-5 ~ ~ ~-€- e-K . -=t + \ ",,;(),,,, \J +n \( Q Y\'\~\~ YV~~S--(\~j +0 m ~ ,-\- J 0 '\N y\ ,-r -t \J.,J Ch_A-\d be \"'\~ ~ '\ C7\, \ \ 0 <; S , THE GROUNDS FOR THE REQUESTS: Th L- f-c "s ,(\ C) ~ ,(\ ~\ -f'arYV\ ~ ba.. L K. \ Y\ YV\ '-\ ~ .~\ cs; '0- 'Dol ~o 0 d Q \"'","\6<;+ 0+ +he. ,,\) "^- ~s s~ t .-J C\o~ +0 1-~<2- 'S1-'{~~+. so, yy\ \ \ Q'(' +-o~\ Vj-Q " - . ~Il'\e \r\\::)~ ~'-.JC\S b'v--\ ~ \ Y\ \~ ~ 0\ S Qv"d reW,iH'\S \.N~ ( \\ \..}-.) C\S ~ ~\ \ + . \h-c 'J D'D CT'(\ c\~ c'h. ~\,,--d S1-----G\0S \ 0 t.l LS""/'€-/'lj '1\ y-\ \ CE' ~ ~. \( \ 0-\ e s s\ ~ ~ \ . S:\CPShare\INSPECTION DIVISION\Standard Forms\ZONING SPECIAL REQUEST.doc REVISION 10/21/03 RYC N W+E S ~~ It' ~ ;~L6;iJCrRHI:~I' ..2: !i .... .sIO. roo .sf ~'Il_ IiAAlJ:TON I ~: I ~~ :!:;o ~" :;:1: I~ ::1 " g~ q rr.~ \(,; :t:l.&.! ~ ~... () " >- '" ~ Q 1j .. ~ i ~~ :i ~~ r,;:. ;SOl ~ @~ ~.., ... iii C ~ :;.<l> :..p ;, i... ~\ \ 100' 2.5' q_.= .~---==-=--'":. . "'::::_'= 1-+- . r I oj CH.1{Ji~ .'N' '~"CF . '7 J' /.- ;.. n I' : L i .. ... '.-11 . d ,. " l! [I _"-:"_:..;J I-STY. FRM. '3 ~~ 0) ..,~ tC) 0\ , # rs .4 \() III f"71 '.' I . , '"' :. '" " "o.r I" 8 J., 1 '" '" <: '" '" ;.. ... .., I I-STY. FRM. :5' B.!.. T- I I 34' 50' SO' EAST 100' SA Y OAKS 50'R.O. W. DRI VE ~4 TO THE UENHOLDERS AND I OR THE OWNERS OF THE PREMISES SURVEYED AND TO TEXA S AMERICAN rrnE: The undersigned does hereby certily lhal this survey was this clay made on the ground of the property legally desaibed hereon and is correct. and that r!1ere are no o=epandas. eflGfOa<:hmenllL, overlapping of improvements. eas&me:'llS or right of way, except as shown hereon. and that $llJd property ha$ """'""" '" and ltorn a _ roadway. Oate<llhls 1he 28 day of OcCE:l(8ER , lS~. /----;~~~.~ ~, '.~-' SIGNeD:' /' ,.,.-/~t =<-.. . /::::-1 ...-c ~__-;~,..r~:_' NEAL 0 WiU..3IGHAM. RPl..S NO ~ /~/~,. .,Y" . NOTE: THE SVRVEYOR HAS NOT ABSTRACTEO THIS SURVEY S.L DENOTES BUILDING UHE. U.E. DENOTES UTlLfIY EASEMENT. ADDRESS: LA PORTE LOT: /5 AND I" BLOCK: It ~f.!s;j~; .~:r~~ci~i.i=i'<><ai~.~~~~~~~:kit~;t~f,~ii~~~~~~l~~~~f.*~ EXTERIOR PILINGS INTERIOR PILINGS ~ WALL CRACKS X PREVIOUS WORK (AlC) NC UNIT IGJ GAS LINE AERY BROTHERS" FOUNDATION & STRUCTURAL SOLUTIONS SINCE 1840 1.800.STRUCTURAL · www.abrybros.com "Settingstandaros through three centuries and six generations." v Cfctw\ s(JC\Ce rOv. ~\J IJ')~~L\L \- It" 2.lJ '- NAM E <>, ''10, ~ (,1 S c\ (} eJ\ e. ~ ADDRESS 1\ 0 I)e\ 01, Oc~~ Or I TEL 2- ~ \ l 0 C; - '7.1, 0 '1 WK TEL DATE i 0 - l\ - 0 1 MAP# BUILDING DESCRIPTION STORY I BREAK-OUTS_ BRICK NO POST TENSION- FOOTER DEPTH _ CRAWUCONV_ I ( ~ Reb'\>" , o DffD o D o o D 10 I o D o o o D o o D 'I, :1 II -=:. - - - - -- ....)1. '( 1- \A., I I (1r'l \; ( t\r. D -=- ~i~zilof\ S 1 D D D oci>~ ~~ -;1~ ~ 0,;; 20 <<' 0,;;% 0^-;1~ % 01..1'0 ~o w~oj ~~r~-;1~'~A cltc~ <%- ~~ ~& 4/1, r&a /;p~ 6& r~ ~C3 <:/ A ~~ - - ... j- ~17o. ~ , '7A,-:p . '1;' ""0 '~1"~' - - 0 - /l./ ~ SCALE 1"=10' ~ 11-$-/0 S<:P Scheduled for NOV (I 8 A Meeting of the La Porte Zonin~ Board of Adjustment (Type of Meeting) ~ovember17,2010 (Date of Meeting) to Consider Special Exception #SEIO-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; ~..r ...... '.,C _.p\ ~'J - . 't~'-1> r, 1/7';-1;1' ~ ((lI)~r il ___ ~;J '. /.) i ' N'fuA-\- , .. ~r.eJ ~ ~tu:l~1;jtw...-' I am OPPOSED to granting this request for the following reasons: c ..-)) -----loG~ .,~ ent'-~L- )\1"\:) ! Name (plea,s~print) . j \. ....' /x, ,/, ) .~ CA.../ ,1. .. .....~~ -r~ h ~t - . 'SignaMe ~JLC:~ "~b r:~::?E \"'\/~ \ k .r-.jl- 1,:, at,~E~1p r-MI