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HomeMy WebLinkAbout12-29-11 Special Called Meeting of the La Porte Zoning Board of AdjustmentZoning Board of Adjustment Minutes of December 29, 2011 Members Present: George Maltsberger, Rod Rothermel, Charles Schoppe, T.J. Walker, Lawrence McNeal (Alt. No 1), and Sherman Moore (Alt. No. 2). Members Absent: Chester Pool. City Staff Present: Traci Leach, Assistant City Manager; Tim Tietjens, Director of Planning; Masood Malik, City Planner; Knox Askins, City Attorney; and Shannon Green, Planning Assistant. 1. Call to Order. Vice Chairman Rod Rothermel called the meeting to order at 6:OOp.m. 2. Consider approval of the September 22, 2011, meeting minutes. Motion by Rod Rothermel to approve the Minutes of September 22, 2011. Second by Sherman Moore. Motion carried. Ayes: George Maltsberger, Rod Rothermel, Charles Schoppe, T.J. Walker, Lawrence McNeal (Alt. No 1), and Sherman Moore (Alt. No. 2). Nays: None Abstain: None 3. Consider Variance Request #11-93000011 for the property located at 1718 Roscoe Street, further described as 12.5 feet of Lot 13, all of Lots 14 through 24, Block 27, Bayfront Addition to the Town of La Porte, Johnson Hunter Survey, Abstract No. 35, La Porte, Harris County, Texas. The applicant seeks to construct an accessory structure up to 19 % feet high exceeding the height limit of 151, contrary to the provisions of Section 106-741 of the Code of Ordinances. The variance is being sought under the terms of Section 106-192(b) (2) of the City's Code of Ordinances. Vice Chairman Rod Rothermel opened the Public Hearing at 6:02pm. A. STAFF PRESENTATION Masood Malik, City Planner, presented staffs report. Mr. Malik informed the Board the applicant has been permitted and is developing a new residence with an attached garage and a detached garage on one acre of land located at 1718 Roscoe Ave. The attached garage is for automobiles, while the detached garage is for small, single person watercraft, lawn equipment, and other miscellaneous maintenance equipment. In addition to these two structures, the owner is proposing to build a separate accessory structure to keep a larger boat on the property. The accessory building is intended to house and store the boat from public view. The structure will be located in the rear corner of the lot more than 30 feet behind the main residence and has 10 foot setbacks at the rear and side property lines in an effort to retain the trees in close proximity. The square footage of the structure is 998 and does not occupy more than 25% of the total rear yard. Access to the accessory building will be from Lobit Ave. In order for the owner to use this accessory structure to park his boat, while on the trailer, the door height must clear 14'-4". The accessory building design requires that the roof structure be raised above the door's clear height. Taking into account the framing, roof structure and 5:12 roof slope, the overall average roof height is 19'-6", which exceeds the maximum allowable by 4'6". Nineteen public hearing notices were mailed to property owners within 200' of the subject property. The City received no response and two notices were returned undeliverable. Zoning Board of Adjustment Minutes of December 29, 2011 Page 2 of 3 B. PROPONENTS Owner representative, Mark Atkins of Masa Studio Architects, spoke in favor of the variance. C. OPPONENTS Vance Michael of 755 S. Lobit, addressed the board with concern his view to the bay would be blocked by the accessory structure. He added, he was told the property would be left vacant when it sold last year. D. PROPONENTS REBUTTAL There were none. Vice Chairman Rod Rothermel closed the Public Hearing at 6:19pm. Motion by Charles Schoppe to approve Variance Request #11-93000011 for the property located at 1718 Roscoe Street to construct an accessory structure up to 19 %2 feet high exceeding the height limit of 15'. Second by George Maltsberger. Motion carried. Ayes: George Maltsberger, Rod Rothermel, Charles Schoppe, T.J. Walker, Lawrence McNeal (Alt. No 1), and Sherman Moore (Alt. No. 2). Nays: None Abstain: None 4. Consider Variance Request #11-93000010 for Lots 13-18, 21-24, 29-32, 37-40, and 44-49, Block 2, Lakes at Fairmont Greens, Section 1, W. P. Harris Survey, A-30, La Porte, Harris County, Texas. The property owner seeks a reduction on the front building setback of the cul-de-sac lots from 20' to 15' in order to construct homes in accordance with building plans and specifications. The variance is being sought under the terms of Section 106- 192(b) (2) of the City's Code of Ordinances. A. STAFF REPORTS Masood Malik, City Planner, presented staffs report. D.R. Horton is the designated builder of this subdivision, otherwise known as Lakes at Fairmont Greens, Section 1 located at the intersection of Wharton Weems Blvd. and State Highway 146. The applicant is seeking a variance reduction on the front building setback of the cul-de- sac lots from 20' to 15' in order to construct homes in accordance with building plans and specifications. In addition, building these homes with a variance will allow consistent product and will be more esthetically pleasing. Seven home plans are currently under review with the Inspections Division. Building permits will be issued pending approval of these building setbacks and other cleanup efforts from the developer. Four public hearing notices were mailed to property owners within 200' of the subject property. The City received no response. B. PROPONENTS There were none. C. OPPONENTS There were none. D. PROPONENTS REBUTTAL There were none. Vice Chairman Rod Rothermel closed the Public Hearing at 6:29pm. Zoning Board of Adjustment Minutes of December 29, 2011 Page 3 of 3 Motion by T.J. Walker to approve Variance Request #11-93000010 for Lots 13-18, 21-24, 29-32, 37-40, and 44-49, Block 2, Lakes at Fairmont Greens Section 1, for a reduction on the front building setback of the cul-de-sac lots from 20' to 15' in order to construct homes in accordance with building plans and specifications. Second by Sherman Moore. Motion carried. Ayes: George Maltsberger, Rod Rothermel, Charles Schoppe, T.J. Walker, Lawrence McNeal (Alt. No 1), and Sherman Moore (Alt. No. 2). Nays: None Abstain: None 5. Administrative Reports Tim Tietjens thanked the Board for their service. 6. Board Comments Sherman Moore asked staff to review possible updates to ordinances. Staff will provide a report in the near future. 7. Adjourn Vice Chairman Rod Rothermel adjourned the meeting at 6:36pm. S mitted by, Shannon Green Secretary, Zoning Board of Adjustment Approved on this Z-3 day of2012. Rod Rothermel Vice Chairman, Zoning Board of Adjustment