HomeMy WebLinkAbout08-23-12 Regular Meeting of the La Porte Zoning Board of AdjustmentBoard Members Present
Board Members Absent:
City Staff Present:
1. Call to Order.
Zoning Board of Adjustment
Minutes of August 23, 2012
Chester Pool, Charles Schoppe, George Maltsberger, Rod Rothermel,
and Sherman Moore (Alt 2)
T.J. Walker, Lawrence McNeal (Alt 1)
City Planner, Masood Malik; Assistant City Attorney, Clark Askins; and
Office Coordinator, Peggy Lee
Chairman George Maltsberger called the meeting to order at 6:00 p.m.
2. Consider approval of the July 26, 2012, meeting minutes.
Motion by Rod Rothermel to approve the July 26, 2012, meeting minutes. Second by Charles
Schoppe. Motion carried.
Ayes: Chester Pool, Charles Schoppe, George Maltsberger, Rod Rothermel, Sherman
Moore
Nays: None
3. Consider Variance Request #12-93000005 for the property located at 222 South "Y" Street,
further described as Lot 9, Block 2, Oakhurst Subdivision, W.P. Harris Survey, Abstract 30, La
Porte, Harris County, Texas. The applicants seek to allow construction of a one car garage for
a single family dwelling, contrary to the provisions of Section 106-834 (f) of the Code of
Ordinances. The variance is being sought under the terms of Section 106-192 (b) (2) (b) of the
City's Code of Ordinances.
A. Staff Presentation
City Planner Masood Malik presented the staff report.
Public hearing notices were mailed to 26 property owners within 200' of the subject
property. The City received one (1) response in favor of the request and three (3) opposed.
B. Proponents
The applicant, Walt Saldivar of 3115 Bayou Drive, was sworn in by Chairman Maltsberger.
Mr. Saldivar requested a variance for a one -car garage because at the time he purchased the
4,000 SF lot, he was unaware of the code requirement for a two -car garage. Mr. Saldivar
stated there are no other homes on the street with garages, one or two -car, so a one -car
garage would not seem unusual. He noted the house he plans to build has been designed to
meet all other City requirements.
Zoning Board of Adjustment
Minutes of August 23, 2012
Page 2 of 5
Catherine Focke, 111 S. Y Street, was sworn in by Chairman Maltsberger. Ms. Focke
responded to Mr. Saldivar's comment about there not being garages at any of the homes
along the street. Ms. Focke stated there are ten (10) residences, three (3) of which have
single car garages: her house, Freddie Tucker's house across the street, and her brother's
house at 102 S. "Y," which has a one -car garage and a carport. She stated the house
proposed by Mr. Saldivar would upgrade the neighborhood and be a definite improvement
to the street.
C. Opponents
There were no opponents.
D. Proponents Rebuttal
There were no proponent's rebuttals.
Mr. Malik responded to questions from the Board.
Motion by Rod Rothermel to approve Variance Request #12-93000005, for the property located
at 222 South "Y" Street to allow construction of a one -car garage for a single-family dwelling.
Second by Sherman Moore. Motion failed for lack of the four (4) votes required to decide in
favor of the applicant.
Ayes: Rod Rothermel, Charles Schoppe, Sherman Moore (Alt 2)
Nays: Chester Pool, George Maltsberger
Assistant City Attorney Clark Askins read into the record, Section 106-196 of the Code of
Ordinances: Appeals from the Board of Adjustment.
Motion by Sherman Moore to reconsider Variance Request #12-93000005 at a later date.
Second by Rod Rothermel. Motion carried.
Ayes: Sherman Moore (Alt 2), Rod Rothermel, Charles Schoppe (Alt 2)
Nays: Chester Pool, George Maltsberger
4. Consider Variance Request #12-93000006 for the property located at 912 Robinson Road,
further described as Lots 410-412, Block 11, Battleground Estates, Section 2, La Porte Outlots,
Enoch Brinson Survey, Abstract No. 5, La Porte, Harris County, Texas. The applicant seeks a
variance to allow a fence erected in the front yard setback to remain in place contrary to the
provisions of Section 106-791 of the Code of Ordinances. The variance is being sought under
the terms of Section 106-192 (b) (2) (b) of the City's Code of Ordinances.
A. Staff Presentation
City Planner Masood Malik presented the staff report.
Zoning Board of Adjustment
Minutes of August 23, 2012
Page 3 of 5
Public hearing notices were mailed to 16 property owners within 200' of the subject
property; no responses were received.
B. Proponents
The applicant, Samantha Chaplain of 912 Robinson Road, was sworn in by Chairman
Maltsberger. Ms. Chaplain requested a variance to allow a fence, erected within the front
yard setback, to remain in place. When she purchased the house 3-4 years ago, the existing
chain link fence running the entire length of the front yard was grandfathered. According to
Ms. Chaplain, the fence, which was originally constructed in 1976, was dilapidated. Ms.
Chaplain was unaware she could not repair/replace the fence or that a permit was required.
She noted the fence is needed to ensure the safety of her two young children from heavy
traffic along Robinson Road. An uncontrollable flea problem from livestock on the property
adjoining the rear of the property prevents the children from playing in the backyard.
Amy Pearson, 10911 San Jacinto Drive, was sworn in by Chairman Maltsberger. Ms. Pearson
addressed the Board in favor of the variance request, citing speeding traffic concerns.
Gwen Arredondo, 11025 Monument, was sworn in by Chairman Maltsberger. Ms.
Arredondo spoke, neither in favor nor in opposition to the request. She wanted to make the
Board aware that the resident at 805 Santa Anna was required to remove a three-foot (3')
vinyl fence that was installed without a permit, approximately one year ago.
C. Opponents
There were no opponents.
D. Proponents Rebuttal
There was no proponent's rebuttal.
Mr. Malik responded to questions from the Board.
Motion by Chester Pool to approve Variance Request #12-93000006, for the property located at
912 Robinson Road to allow a fence erected in the front yard setback to remain in place.
Second by Charles Schoppe. Motion carried.
Ayes: Chester Pool, Charles Schoppe, George Maltsberger, Rod Rothermel,
Sherman Moore
Nays: None
Assistant City Attorney Clark Askins read into the record, Section 106-196 of the Code of
Ordinances: Appeals from the Board of Adjustment.
5. Consider Appeal of the Enforcement Officer's Decision #12-95000002 for the property located
at 1911 West Main Street, further described as Lots 5-9, 11-28, TRS 4, 10, 29, Block 727, Town
of La Porte, Johnson Hunter Survey, Abstract 35, La Porte, Harris County, Texas. The applicant
Zoning Board of Adjustment
Minutes of August 23, 2012
Page 4 of 5
is seeking approval to erect an off -premise advertising sign within 1,000 ft. of an existing sign,
which is prohibited per Section 106-875 (h) of the Code of Ordinances. The appeal is being
sought under the terms of Section 106-89 (3) of the City's Code of Ordinances.
A. Staff Presentation
City Planner Masood Malik presented the staff report.
Public hearing notices were mailed to four (4) property owners within 200' of the subject
property; no responses were received.
B. Proponents
The applicant, Brett Gilbreath of 601 Park Lane, was sworn in by Chairman Maltsberger.
Mr. Gilbreath provided Board members with a packet of information relevant to the
request. At issue is the radial spacing standard he believes La Porte has only recently begun
to use to determine spacing for off -premise signs. According to Mr. Gilbreath, the highway
department and other cities he has worked with use a linear measurement on the same side
of the roadway. Mr. Gilbreath used Google Earth to locate five (5) existing signs in La Porte
located closer than 1,000 feet from other off premise signs.
Gus Brieden, 222 Bayshore, was sworn in by Chairman Maltsberger. Mr. Brieden owns the
property where the sign would be located. Mr. Brieden stated he had visited local
businesses and collected responses favoring the request.
C. Opponents
Larry Haller, business owner at 122 S. 17th Street, was sworn in by Chairman Maltsberger.
Mr. Haller opposes any city approval that would allow the property owner to profit from
leasing a sign when his property has not been developed properly.
D. Proponents Rebuttal
There was no proponent's rebuttal.
Mr. Malik responded to questions from the Board.
Motion by Sherman Moore to uphold the decision of the Building Official to disallow an off -
premise advertising sign to be erected on the property located at 1911 West Main Street, within
1,000 ft. of an existing sign. Second by Chester Pool. Motion carried.
Ayes: Sherman Moore, Chester Pool, Charles Schoppe, George Maltsberger, Rod
Rothermel
Nays: None
Assistant City Attorney Clark Askins read into the record, Section 106-196 of the Code of
Ordinances: Appeals from the Board of Adjustment.
Zoning Board of Adjustment
Minutes of August 23, 2012
Page 5 of 5
The Board directed staff to work with the Planning and Zoning Commission to determine
whether the intent of the ordinance is for all off -premise signs to be spaced at intervals of not
less than 1,000 feet by radial measurement, and if so, should verbiage be added to the
ordinance for clarification.
6. Administrative Reports
Mr. Malik reported the model home at Lakes at Fairmont Greens should be complete by September
ft, and several new coffee shops are opening in town.
6. Board comments on matters appearing on agenda or inquiry of staff regarding specific factual
information or existing policy.
Chairman Maltsberger suggested additional training to ensure the Board is aware of specific
criteria that must be followed when considering requests. Rod Rothermel spoke on the
importance of maintaining the spirit of the Zoning Ordinance.
7. Adjourn
Motion by Sherman Moore to adjourn. Second by Rod Rothermel. Motion carried. Chairman
Maltsberger adjourned the meeting at 7:35 pm.
Respectfully submitted,
Peggy L
Secretary, Zoning Board of Adjustment
Passed and Approved on August 23, 2012.
George Maltsberger
Chairman, Zoning Board of Adjustment