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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