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HomeMy WebLinkAbout12-08-10 Special Called Meeting and Public Hearing of the La Porte Zoning Board of Adjustment MINUTES Zoning Board of Adjustment Minutes of December 08, 2010 Members Present: George Maltsberger, Rod Rothermel, Chester Pool, and Lawrence McNeal (Alt. No. 1). Members Absent: Charles Schoppe, T.J. Walker, and Gilbert Montemayor (Alt. No. 2). 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 6:02 p.m. 2. Consider approval of the November 17, 2010, meeting minutes. Motion by Rod Rothermel to approve the Minutes of November 17, 2010. Second by Lawrence McNeal. Motion carried. Ayes: George Maltsberger, Rod Rothermel, Chester Pool, and Lawrence McNeal (Alt. No. 1). Nays: None Abstain: None 3. Consider Variance Request #V10 -002 for the property located at 3219 Creel Court, further described by the Harris County Appraisal District as being Lots 65 & 66, Block 4, Spenwick Place, Section 1, La Porte, Harris County, Texas. Tina Briscoe, property owner, seeks to allow the deck with a guard rail built over the height limit to remain in the front yard setback. This 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. Seventeen public hearing notices were mailed to property owners within 200' of the subject property. The City received no responses. The applicant, Tina Briscoe hand delivered nine responses in favor. B. PROPONENTS Melaney Gibbs of 9305 Carlow Lane spoke in favor of the Variance request and commended Ms. Briscoe for the improvements made to the property. Applicant, Tina Briscoe of 3219 Creel Circle, spoke in favor of the Variance and provided the Board with pictures of the current improvements. C. OPPONENTS There were no opponents. D. PROPONENTS REBUTTAL There were no rebuttals. Motion by Rod Rothermel to approve Variance #V10 -002, for the property located at 3219 Creel Circle, to allow stairs and deck with a guard rail over the height limit to remain in the front yard setback. Second by Chester Pool. Motion carried. Zoning Board of Adjustment Minutes of December 8, 2010 Page 2 of 2 Ayes: George Maltsberger, Rod Rothermel, Chester Pool, and Lawrence McNeal (Alt. No. 1). Nays: None Abstain: None Chester Pool inquired about the ordinance requirements pertaining to height limits for decks, more specifically, if the requirements differ for structures that have been elevated from those that have been constructed on slabs. Staff and Clark Askins will meet to review the ordinance and will report their findings to the Board. 4. Administrative Reports There were no reports. 5. Board Comments There were no comments. 6. ADJOURN Chairman Maltsberger adjourned the meeting at 6:16 pm. Su • m' , . d by, Shannon Green' Secretary, Zoning Board of Adjustment Approved Approved on this , day of L i L, / , 2011. °d--- ' George Maltsberger Chairman, Zoning Board of Adjustment VARIANCE #11- 93000001 FOR 920 SEABREEZE AVENUE EXHIBITS: STAFF REPORT APPLICATION FOR VARIANCE EXHIBIT A - AREA MAP EXHIBIT B - SURVEY MAP EXHIBIT C - SKETCH PLAN EXHIBIT D - SECTION 106 -741, CODE OF ORDINANCES EXHIBIT E - PUBLIC NOTICE RESPONSE Staff Report March 24, 2011 Variance Request #11- 93000001 Requested by: Richard L. Sparks (Property Owner) Requested for: Lots 18 -20, Parkway Block, Bay Shore Park, Johnson Hunter Survey, Abstract No. 35, La Porte, Harris County, Texas. Location: 920 Seabreeze Avenue Zoning: Low Density Residential (R -1) Background: The subject property is located in the old Town of La Porte and to the east of the Sylvan Beach Park. Harris County Appraisal District records show the land area as 15,000 sq. ft. with two story frame house built in 1974. The property is zoned low- density residential, where a single- family house is a permitted use. Required building setbacks are front 25', rear 15', and sides 5'. Several years ago, the applicant built a 900 square feet garage in a side yard. Subsequently, the owner applied for a building permit to convert the garage structure into a mother in -law quarter. The building permit request was denied because no accessory building, use or structure shall be located in the side yard per City Ordinances. Section 106 -771 of the City's Code of Ordinances allows accessory buildings, uses, or structures to be located in the rear yard but not in the side yard. However, a detached garage may be permitted in side yard subject to certain provisions of the ordinances. The applicant, subsequent to denial of a building permit, applied for a variance to convert existing structure into mother in -law quarter. Analysis: Section 106- 192(b)(1), of 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 Except as otherwise prohibited, the board is empowered to authorize a variance from a requirement when the board fords 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 Zoning Board of Adjustment Variance #11- 93000001 Page 2 of 2 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 subject structure may not create any aesthetic and visual problems with adjoining properties. The structure was built with City consultation/permit and does not stand in violation of the ordinance. In reviewing 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. Staff does not find any 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 lot represents a typical example of standard lot size within this neighborhood. The Board's final consideration is whether granting this request observes the spirit of the ordinance. Based on the facts, the applicant's request would be contrary with the spirit of the ordinance. However, accessibility for a family member could be considered by the Board while rendering their decision. Conclusion: Variance Request #11- 93000001 to convert existing structure into mother in -law quarter is contrary to the provisions established by 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 (accessibility concerns for wheel chair, handicapped family member) associated with the property, the Board may consider: • Allowing an existing structure to be converted into mother in -law quarter (variance granted). • Disallow an existing structure to be converted into mother in -law quarter (variance denied). 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 VARIANCE REQUEST Application No.: /1— 93 ©0000/ Or'F10E USE ONLY: Fee: $150.00 Date Received: . 3 -1-/-// Receipt No.: 6 931/ Note: This Fee is Non - Refundable Regardless of the Board's Decision Applicant: 1S %C,1OIki b 5QAITS Name 9c:26 SEA aREEZ LA PagTT 743- E5V-' /?7 Address Phone I am the owner of the herein described property. I have authorized to act on my behalf in this matter. Owner *: 1 1 C-R A< S PAg �5 Name ciao sEA $Wei 7/ 3 -SSA 7 Address Phone I am requesting a variance to Sect. of the City Zoning regulations Chapter 106 of the Code of Ordinance. I am requesting this variance for property located at Street 'C. Legal Description () Site Plan () Minor Development Site Plan ( ) Major 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 I 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. / Date Applicant's Signature Office Use Only Site Plan and Authorization (if applicable) attached? Yes 0 ) 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: t 3 TYPE OF RET,TRF BEING SOUGHT: COlUVer4 Sx;S-Vi A? bu. ld i t i Ark) tN - LAO LI Vi 9 altdr- 4-etS, - k-e bu,. !off t4j L3;1 ! ,tv eed To be_ beou 9h t c p + cool -e . M y home 15 hu; 44 r- p i`erS Alva! rU- ACC-eSAble o , 'ChA r For 14+ rdi Uap FArrh (# Meath. rs, Th'e 1 iv L ci forrf.ers i t bL s& tdiAJ R Q3nea I A • • + • n - " , e #16 01 f ed ! E, ♦ Q.. 1-1And i CA p A e ctSA bJ e€ e q4 inf∎l i ntu,K C[334 Com pAreol ? fnod,'Ci.15 ./- us-e ea t) '; tors THE GROUNDS FOR TEE REQUESTS: ,N+.r.1C -e i r.0 0.e AcCe S; b I�e T� �a.+ti, y b'erS cisp,b,li4s• ✓,S,4 rvty [10 rK -c Gdncztoi A pprec e ycr1P' h.e!p Pe, / AS5;34 -A /►c- 1» nti4K; i h: s P.ec 4- poSS. bl- • V ta qN; ahArd ' PA2KS • • S:1CPShare\Th SPECTION DIVISION\Standard Forms\ZONINC BOARD VAR IANCE.doc REYISION 10/21/03 RYC ' . � :s„.;'.2,4..',- ' „ N / y` I 'yfi '' 14.d y ,y' - ` ra s.' y,'+ � a+� w - ds R ' fir 3 F � i. W ' � g i „A- A 7 �, dpi'" 'N. +�';. ' �J 4, "'\ ; S 'din \ W-4 . .''' ,. ."', ,.: . 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DP 1 PARpVAY •U) E .t ii ∎ 1 4' , . � '- fir i �, 7 �-. . 11 - OLOCL. 4 m` .. • 1 p ' • LOT' I6 - - i. LOT 19 if l • • ' 2.i W 119 1 : *c• % • • m W'sS�, l l. a • r • • — • 55I ° 08'00 "E 150,00 ^ '° a.''m,o :.ii "+ M , r`' J.R. CI r. fs' - EABREEZE AVENUE . . • • • (.40' • R.O,W.) _ •T�, ,.I d • •• • • TO r TOTAL LOT SIZE - - / $ av J -- % MAX _ �i do • • �ROP09ED COVERAGE LOT _ COVERAGE S3 _ • ' • • REMAINING BUILDABLE AREA - • ' • • alEzt• TO 1HE 1 k1ING WAGES NDR IN FOICE IN•T1IE GT' of J ,flea. !‘' NOTE, • • -DA pOR EERRN65' A75 A6 fl+ATnID TPR= MCM AND STIPULATIONS OF LA PCRiE ROA RATER AUTHORITY • D - TAN1 3 S ARe G 30Wl D DISTANCES CREI#ED BY ORUUTANCE HO. 1296. A COPY Of *RCN NAB 111331 FILED FCR RECORD ' ft ' - ALL AOOJRAcn NE DE 6Y TREE PAN EE c0Y UNDER NAM UR COMITY cuszrs nu No L- 616773. \-‘ . • LEND, , ILE. - unLITY•EASEMENT. ACCORDING TD FL.O00 11 RATE MAP ,,}} S 2 0 1 c 0 9.A S ,j A.E. - U !{b RU 631CTED AERIAL EA'RMEIT DATED THIS TRXCf. HBREBY SURVEYED LJES WITHIN LONE D.L. - - 61J1LDIN(. LINE . ")<(" AND IN THE 100 YEAR PLOOb PLAIN. THIS • .C.I.R. - CAPPED IRON ROD 5YATE14 lT 10 8 ON sCAUNd THE LOCATION OF SAID 3URVEr ON ' (NJ- A6 PER. RL'c0RDED PLAT OF SUSDIYISION) THE ABOVE I+' , b 44P AN s' FL D 15 Fes' INSURANCE RATE5 UNDER, PNC MORTGAGE —S 4TODD FENCE ONLY Amu NOT 1 MO TO IDENTIFY SPECIFIC ri.000 NG CONDITIONS. . - A-- CNN. UNK FENCE S/p, ' • . COf2P• AMERICA. • • • CHARLES E.' BATES • ` �i e, .19 .20 T - • . 4 . � 1 p , . I IwmnT1uI� *NO►RSmartF 'Apt •llatr<roR Y'' t*w r • 3116DI VISION MEa r u Elaw wrdi uE .agt .,t.6 ;tea, T7R�0 • 9is- ,•....% 574.1, , .'1 y '` :e' oor�ro•�olY rwi - u jam e. PARKWAY BL.UGK OF • CH ARLES E. SATES . BAS' SHORE PARK ••• 41 T 0 v . / � R EGOKDI G y yt uu ate, /1CJa1 • • 94,' ti- ES�: RICHARD L. SPARKS N • O SISR� J VOL 10 PAGE 22 • . We • ADDRESS, 920 SEABREEZE AVENU SURVEY $ A315TRACT • ' • • . - • - : . ._.._.• WT • SCALE: DATE' DRAMs, #14C10:0■ JOHNSON HUNTER SURVEY, A =35 • n¢ UNO6p6ICRD. 3- $17 -99 4 SUNNY CIAO /KOK ON Tat GROUND �. SUPERVISIO4 b T MPLAT •• - r{ Ij •' `w . c� /44TrOt • 03/71.4 C.'T • TTOLFACTS . AT , •n �,. � .. ° ,. f,'', 19-01'. C1TY COUNTY STATE . �.e. j /! �. �1 //. '. - : j tG.F. N�JMBEk JOTS N0. A g !z� p . . 99 C5 394151 - LA PORTS HARRIS TEXAS "• *411lN7ML u+c,or'rnu '1C a"o • " 2 001 A65 ,. • RICAN' TITLE COM i,oT). '14 yf,d d-) 5 �'� , 7757 4 3 , , 1\ ice - 1\ .- .3 �' _ fir X ti % \ \ I - • l . _ 1 .' \.•••■••• w " .. " ....1111.11 . 11".....1.1.111.1..."... . 1 i1 O ff,, . 1 t 1ECEIVE 1 . _ 0/1618 JAN 3 1 2011 t fi a✓ i 4�^"`�ri w l N� wtj4det § 106 -741 LA PORTE CODE DIVISION 2. ACCESSORY BUILDINGS, USES AND EQUIPMENT Sec. 106 -741. General provisions. (a) No accessory buildings, uses or structures shall be erected or located in any required yard other than the rear yard except: (1) A detached private garage as defined, may be permitted in side yards, provided: a. It complies with all the requirements of this section; b. It shall be five feet or more from side lot lines; and c. The side yard does not abut a street right -of -way. (2) Accessory buildings built on a skid foundation, no larger than 120 square feet and no more than one story in height may be located in utility easements in required rear yards, except that they may not be located closer than three feet from a side or rear property line or closer than six feet from any other structure. (b) Accessory buildings, uses and structures shall not exceed 15 feet in height, shall be three feet or more from all lot lines, shall be six feet or more from any other building or structure on the same lot, and shall not be located upon any utility easement. (c) Private garage structures with vehicular access doors facing public alleys, as defined in (' the public improvement construction policy and standards, shall be 20 feet or more from the \ _ alley right -of -way. Detached garages located in rear yards of corner lots shall be set back a minimum ten feet from the property line abutting the side street right -of -way. (d) Detached private garages, as defined, may be 20 feet in height, or the height of the principal structure, whichever is less. (e) Floor area. (1) Generally. No accessory building, or carport garage for single- family dwellings shall occupy more than 25 percent of a rear yard, nor exceed 1,000 square feet of floor area. (2) Large lot residential only. Accessory buildings in single - family residential large lots may not exceed 2,000 square feet of floor area. Accessory buildings with a floor area in excess of 1,000 square feet must be located at least 30 feet from any property line and 30 feet behind the rear of the primary structure. (f) No permit shall be issued for the construction of more than one detached private garage or carport structure for each dwelling. (g) Wind generators, for producing electricity or other forms of energy shall not be located in any yards other than the rear yard and must be set back 150 feet from all property lines or the height of the structure, whichever is greater. • CD 06 :82 The City of La Porte Planning and Zoning Commission /Zoni g Boa •f 1 ! a public hearing on March 24, 2011, to receive `�Feques To Co :(1 MI M, V I M N p g public inp� =t on V. �� ce Request To Co Garage Into In -Law Quarter Project Number -11- 93000001 B 1 FAVO - granting this request for the following reasons: I OPPOSE granting this request for the following reasons: • . _ ,6 plea a pri nt) dress 1/1 (2.0 j - 4/ ;7/.--67. /Z.044 ‘ "Itel ), 2a_22 Signahire t :ity, State, Zip Please use the enclosed envelope to return your comn - ents to the City of La Porte Planning Department. M AR f1'' The City of La Porte Planning and Zoning Commission/Zoning Board of ' djustment w ccondu a public hearing on March 24, 2011, to receive public input on Varian I e uest To Conve Garage Into In -Law Quarter Project Number -11- 93000001 I FAVOR granting this request for the following reasons: \CS.,>V- �Y G� ma , NVIK si ttbk C41 4-Nv \—\ .\z<zn1/44cst ‘14% ‘(N 111161.`_ , _ te • 1 OPPOSE granting this request for the following reasons: \b,.■ N. me (please print) Address Signature ` \ City, State, Zip Please use the enclosed envelope to retum your comments to the City of La Porte Planning Department. The City of La Porte Planning and Zoning Commission/Zoning Board of Adjustment will conduct a public hearing on March 24, 2011, to receive public input • • - % _ • _ _ - - i • Convert Garage Into In -Law Quarter Project Number -11- 93000001 j 1 - MAK. 1 b.Luti J I FAVOR g rr nting this request for the fol owing reasons: By 4 .- \ YC \IA 1 ) rYk_P i 1? A ty I OPPOSE granting this request for the following reasons: PC),Q_A C f ,. ((,) ()4 G .../ is Name (please print) AdIres3 ot, '4 771 Signature Cit State, Zip Please use the enclosed envelope to return your comments to the City of La Porte Planning Department.