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HomeMy WebLinkAbout11-17-10 Special Called Meeting and Public Hearing of the La Porte Zoning Board of Adjustment MINUTES -- Zoning Board of Adjustment Minutes of November 17,2010 Members Present: George Maltsberger, Rod Rothermel, Chester Pool, T.J. Walker, Charles Schoppe, Lawrence McNeal (Alt. No.1), and Gilbert Montemayor (Alt. No.2). Members Absent: City Staff Present: Masood Malik, City Planner; Clark Askins, Assistant City Attorney; Shannon Green, Planning Assistant. 1. Call to Order. Chairman George Maltsberger called the meeting to order at 6:00 p.m. 2. Administer Oath of Office to Reappointed Members; Lawrence McNeal (Alternate 1) and Gilbert Montemayor (Alternate 2). 3. Consider approval of the March 25, 2010, meeting minutes. Motion by Rod Rothermel to approve the Minutes of March 25, 2010. Second by Charles Schoppe. Motion carried. Ayes: Nays: Abstain: George Maltsberger, Rod Rothermel, Chester Pool, T.J. Walker, Charles Schoppe. None None 4. Consider Special Exception Request #SE10-004 for the property located at 110 Bay Oaks Drive, further described by the Harris County Appraisal District as being Lots 13 & 14, Block 12, Bay Oaks, La Porte, Harris County, Texas. Sandra Sanchez, property owner, seeks an exception to allow stairs and deck encroaching 4' 9" into the front setback to remain in place approximately 5' from the property line in the front yard setback. This exception is being sought under the terms of Section 106-191 (b)(2)(a) of the Code of Ordinances of the City of La Porte. A. STAFF PRESENTATION Masood Malik, City Planner, presented staff's report. Twenty-three public hearing notices were mailed to property owners within 200' of the subject property. The City received seven responses favoring. B. PROPONENTS Sandra Sanchez of 110 Bay Oaks Drive, spoke in favor of the SE10-004. Ms. Sanchez provided the Board with a list of facts about her home and the neighborhood and also provided pictures of her property. Pat Booth of 118 Bay Oaks Drive, spoke in favor of the SE10-004. Mr. Booth stated the deck was professionally installed and felt it's an improvement for the neighborhood. C. OPPONENTS There were no opponents. D. PROPONENTS REBUTTAL There were no rebuttals. Motion by Rod Rothermel to approve Special Exception #SE10-004, for the property located at 110 Bay Oaks Drive to allow stairs and deck encroaching 4' 9" into the front setback to remain in Zoning Board of Adjustment Minutes of November 17, 2010 Page 2 of 2 place approximately 5' from the property line in the front yard setback. Second by Charles Schoppe. Motion carried. Ayes: George Maltsberger, Rod Rothermel, Chester Pool, T.J. Walker, Charles Schoppe. None None Nays: Abstain: 5. Administrative Reports . Fairmont Pkwy improvements are scheduled for completion February 2011. . Gateway Project is near completion. . Our next Zoning Board of Adjustment meeting is December 8, 2010. 6. Board Comments There were no comments. 7. ADJOURN Chairman Maltsberger adjourned the meeting at 6:23 pm. Submitted by, ,k~[A0L Shannon Green Secretary, Zoning Board of Adjustment Approved on this ,J, dayof ~~ ,2010. eorge Maltsberger Chairman, Zoning Board of Adjustment #VIO-002 VARIANCE FOR 3219 CREEL COURT EXHIBITS: STAFF REPORT APPLICATION FOR VARIANCE EXHIBIT A - AREA MAP EXHIBIT B - PLOT PLAN EXHIBIT C - SECTION 106-771, CODE OF ORDINANCES EXHIBIT D - PUBLIC NOTICE RESPONSE Staff Report December 8,2010 Variance Request #V10-002 Requested by: Requested for: Location: Zonine: Back2:round: Analysis: Tina Briscoe (Property Owner) Lots 65 and 66, Block 4, Spenwick Place, Section 1, La Porte, Harris County, Texas. 3219 Creel Court Low Density Residential (R -1 ) Per the Harris County Appraisal District (HCAD) record, this residential single-family house was built in 1989 with land area of 29,695 S. F. The primary residence is a one story frame house on blocks with a total living area of 1,200 S. F. Prior to the City's annexation in February 1984, Spenwick Place was a MUD district in the unincorporated part of Harris County. A 8'x50' deck with guardrail was recently constructed in front ofthe house. The deck is located within a 25' front building setback and is built more than one foot above the height of the exterior finished grade elevation. In addition, the work was done without a City permit. Per the applicant, the reason for building higher is due to the door height. In addition, the applicant was unaware that a building permit was required for the deck. As per Section 106-771 of the Code of Ordinance, deck shall not extend more than one foot above the height of the exterior finish grade. Upon inspection, it is found that the bottom part of the deck is 6" above the height limits and stands in violation of the current ordinance. This variance request seeks to allow the deck with guard rail to remain in place. The owner states that the deck is a [mished out structure with all the trim work matching the house and should be allowed to remain at the original location. In addition, it would be a safety hazard to lower the deck and may cause a financial loss. 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. Definition: In general, a deck is a flat surface capable of supporting weight, similar to a floor, but typically constructed outdoors, often elevated from the ground, and usually connected to a building. Zoning Board of Adjustment December 8, 2010 #V 10-002 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 deck may not create a visual obstruction issue with the adjoining properties. A survey of surrounding properties shows that this non-compliance with the ordinance is common to the neighborhood. In viewing the specific grounds for granting a variance, Staff points out that the condition, as it exists, was the ".. .result of the applicant or property owner's own actions..." contrary to the provisions of Section 106-192. We also find no 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 property represents a typical example of standard lots on the curve within subdivisions throughout the City. Conclusion: Variance Request #VIO-002, which seeks a variance for 6" over the height limit, by allowing an existing, non-permitted, deck with guardrail to remain in place, is contrary to the provisions of the Code of Ordinances. In addition, the parameters for the requested variance do not appear to meet the provisions established by Section 106-192. While recognizing the circumstances associated with the property and all over the neighborhood, the Board could consider: · Allowing the existing structure to remain in place (variance granted) with the stipulation that a City permit is obtained at double the normal fee as allowed by the building code for a non-permitted work. · Allowing the owner to lower the deck to comply with the requirement of the ordinance (variance denied). Zoning Board of Adjustment December 8, 2010 #V 10-002 Page 3 of3 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 ARlANCE REQUEST \/l(;~~ 007- OFFICE USE ONLY: Application No.: Date Received: Receipt No.: This Fee is Non-Refundable Regardless oftbe Board's Decision Fee: $150.00 II" ~ ..{ 0 I r.~j)r5" Note: Applicant: =.J \ rlQ BzJ ~ oe Name ;1~\ 5~ 1.. 1"\ '-t 0 3~q ~re..<..{ 0Jrcl€.. GLPDv--k.. Te.'lQ~ 1151 ( <=63d.- 4;;1:j 4Gi '0 Address Phone +-16me.. aLi.r-e-seo 'H.p';, ~ Srrvv~c; ~\vt LCL-Pcv-k. '\\f.-1"1S II I am the owner of the herein described property. I have authorized to act on my behalf in this matter. Owner*: Name Address Phone I am requesting a variance to Sect. Code of Ordinance. I am requesting this variance for property located at 3~q ~r~~ Ql r~\-e Street Address of the City Zoning regulations Chapter 106 ofthe Lets In''" ~ U 81\(..4 Se..C- \ Legal Description () 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 tbis request. * rf applkant is NOT the owner, he must provide Authorization to act on the Owner's behalf. Date Applicant's Signature Office Use Only Site Pl:1n 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: 3 TYPE OF RELIEF BEING SOUGHT: :L llina... Bns~oe, \~ re'citesttn<j 0. VD.fIQ;tr)~P, to le.oJJt 4-he Q.\retld~ dee..t- \~ p\au..... ,he de.('~1L 15 hl<jhfY {hQ,~..u,L 121' ru\e. 8eJ'n3 i9nornnte 10 -H.e ('j~IY\\tJa.LUS 1: hi. l+ ~e..de<!.1L oollIlOW;r1<3 r np€.l! e. d ex. per rn " + . THE GROUNDS FOR THE REQUESTS: ~rouncl, ~ ~J.e.~+- o.re.~ ;t I I~nov-a.V'\~~ -\v ~. ~ Dr Lo...fbr+e ~X'()'\\ 1-5. At.r Ta MM~ )J~.\ Cflve.. Me QUnn11 r1S \-\t1Let -r- C..CUY)e.. l m~Jcd"e.ly -tb '\he.i\ 1-'1 a rod rr,e.e 10 cp-a. pe.Y,yi. +-. :r cJSl) ~ 6Jc.EJ her ~ els€... T needed ~frril \-s-to, \Un d'\ isa deMo wndt. :L Dbwne.e!, -for~. JJ- L ~ :t: ~ ~e....r.eeL 't1- lODllkLbe- a. ~ haIOYd en\tr~ v1Cj av\deil +ma -the t\()h\e., Cl.<.e... , ~ 1a.i~ door nesht. ~.3 ~Dt1~ln<3 o-\tle.r ho01e.~ ,'n ~e :ubd.iv'\so() l- SOme.. l)~1he..\(" <iee.ts OYe. h\Sner 4-na.V1 .,(\ne Qrd none avc.. Lv.. ~p\'Q.nce. W\~ ~e. \2'1 n.de.... ;t!tf ,hi. h?Mc.. ~ In -turible. ~ v..he.n :r:. ruush+ ih~ l\QM e. and :Lo') ~ \ ~ -tv I M pr{)v~ '1+. I. Q. sk-d. csere.Y~1 t\A ,h bors nChe.. tr\60 ~~ .{o net ve, a...per~ +- +0 bLi Id d~. S:\CPShare\INSPECTlON DIVISlON\Standard Forms\ZONING BOARD VARIANCE.doc REVJSlON 10/21/03 Rye CREEL COURT ^\I'yo ~/0 k::~ 126.10' ~a :lvo P ^\ 0 7'<o9sr \\ \ ~ LOT 64 LOT 63 .\ \ F -=- - - - ~\ \\ 0'. b.\~Y~ ~_\0(<\\~ V . .~ ~~\ \ \ 0' ~ \ \ ..-> ~~ \\ .~-~ \ \ \ LOT 65 BLOCK 4- LOT 66 ONE STORY FRAME ON BLOCKS LOT 67 :.~ ~ LOT 68 BLDG. 2.2' OVER B.L. ~ \: , l== 75.00 , R==303.15 , L-84.19' R===303. 15' DON BRISCOE DCM=Directional Control Monument Bearings based on subdivision p-Iat. Easements and Building Lines ~B.L.) as provided by Title Company. FLOOD PLAIN INFORMATION: TINA BRISCOE "x" Purchaser DON BRISCOE AND TINA BRISCOE Address 3219 CREEL COURT LA PORTE, TEXAS 77471 ZONE: PANEL: DATE G.F. NO.: 48201 C-0940L 11-6-96 10-25420 Lot 65 AND 66 Block 4 Sec. Survey Area JOB NO.: 10065107 SCALE: 1" = 40' Subd SPINWICK PLACE Vol...1Z...-Pg. 64 M.R. HARRIS COUNTY, TEXAS To LSI TITLE AGENCY The undersigned does hereby certify that this survey was this day made, on the ground of the property, legally described hereon and correct; and that there are no discrepancies, conflicts, shortages in area, boundarY line conflicts, visible encroachments, overlapping of improvements, easements or apparent rights-of-woy, except as shown nereon, and SOld property has access to and from dedicated roadway, except as shown hereon. This document is copyright protected with a production date as delineated below. Dated this day of ROBERT A LaPLANT SURVEYORS, 6th JULY 2010 INC. 17150 BUTTE CREEK #135 HOUSTON, TEXAS 77090 (281) 440-8890 tAX 440-8510 ~ 106-749 LA PORTE CODE (f) No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street. (g) No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal sense off the lot, if the occupation is conducted in a single-family residence. In the case of noise, the level shall not exceed 50 percent ofthe values established in section 106-521(b), footnote G. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in the line voltage off the premises. Sec. 106-750. Office trailers. Office trailers as defined are only allowed subject to the following conditions: (1) Office trailers may be used as construction offices or temporary storage buildings only on construction sites. (2) No office trailer shall be moved on to a construction site until the required building permit has been issued. (3) All office trailers shall be removed from a construction site once work is completed or abandoned. (4) In no case shall an office trailer be used for overnight sleeping purposes. Sec. 106-751. Shipping containers. Shipping containers may be used as temporary material storage facilities on construction sites in all zoning districts except residential (R-I, R-2, and R-3). In addition, commercial construction allowed in residential zoning districts may use shipping containers as temporary material storage facilities. (Note: Certificate of occupancy shall not be issued until shipping container is removed from the site.) (Ord. No. 1501-II, ~ 7, 3-27-00; Ord. No. 1501-NNNN, ~ 6(Exh. F), 4-25-05) Sees. 106-752-106-770. Reserved. DIVISION 3. AREA REQUIREMENTS Sec. 106-771. Yard requirements. The following shall not be considered as encroachments on yard setback requirements: (1) Chimneys, flues, belt courses, etc. Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, omamental features, cornices, eaves, gutters, steps, stoops, and the like, provided they do not project more than four feet into any front or rear yard, and two feet into any side yard. Bupp. No. 21 CDI06:86 ZONING S 106-772 G (3) Terraces, decks, patios, etc. Terraces, decks, patios, or similar features, provided they ~o not extend more ~~Il~ f2gL~pov~,,1~~E~J&1.L2Lt~......[I.~<LE; ~levation, or to a distance less than two feet from any lot line, or encroach upon any utility easement. Further, pools shall not be considered as an encroachment on a front yard setback, provided that such pools are located in a front yard adjacent to Galveston Bay, and provided further that such pool does not extend more than one foot above the exterior finish grade elevation, or to a distance less than two feet from any lot line or encroach upon any utility easement. Rear yards only. An unenclosed, attached patio cover, awning, or canopy, provided that no portion of such patio covers, awnings, or canopies shall encroach into any utility easements, or any vertical projection thereof, and provided further that no portion of such patio covers, awnings, or canopies shall be located at a distance less than five feet from the side property line or three feet from therear property line, or any vertical projection thereof. Front and side yard carports. Front and side yard carports shall be permitted for single-family detached homes subject to the following requirements: a. Carports in a required front or side yard shall not be located closer than five feet from any front or side property line. b. Carports located on corner lots shall not be located closer than 25 feet from an intersection. This distance shall be measured from the intersection of property lines common with street right-of-way lines. c. The maximum width of a carport located in a required front or side yard shall be 25 feet. (4) (5) Recreational areas, facilities and open space. Trails, playgrounds, and detention areas located within multi-family residential developments are permitted provided they do not encroach into any utility easement. (Ord. No. 1501-JJ, S 8, 10-14-02) Sec. 106-772. Height requirements. The building height limits established in this chapter for distances shall not apply to the following except if they are located within an airport height restriction area: (1) Belfries; (2) Chimneys or flues; (3) Church spires, not exceeding 20 feet above roof; . (4) Cooling towers; (5) Cupolas and domes which do not contain usable space; (6) Elevator penthouses; (7) Flagpoles; Supp. No. 21 CDI06:87 --...---.,