HomeMy WebLinkAbout11-12-13 Regular Meeting of the La Porte Zoning Board of AdjustmentT
Zoning Board of Adjustment
Minutes of November 12, 2013
Board Members Present: Rod Rothermel, Charles Schoppe, T.J. Walker, and Nettie Warren (Alt 1)
Board Members Absent: Chester Pool, Sherman Moore, and Lawrence McNeal (Alt 2)
City Staff Present: City Planner Masood Malik, Assistant City Attorney Clark Askins, and
Office Coordinator Peggy Lee
1. Call to Order.
Vice -Chairman Rod Rothermel called the meeting to order at 6:00 p.m.
2. Elect a Chairman
Motion by Charles Schoppe to nominate Rod Rothermel as Chairman. Second by T.J. Walker.
Motion carried.
Ayes: Charles Schoppe, T.J. Walker, Rod Rothermel, and Nettie Warren
Nays: None
3. Consider approval of the September 26, 2013, meeting minutes.
With no objection presented, the September 26, 2013, minutes were approved as presented.
4. A public hearing will be held to consider Variance Request #13-93000006 for the property
located at 2322 Eagle Lane, further described as Lot 53, Block 2, Lakes at Fairmont Greens,
Section 1, W.P. Harris Survey, Abstract 30, La Porte, Harris County, Texas. The applicant seeks
a variance to allow 3.8 feet encroachment into the rear 15-foot building setback line, which is
prohibited by 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.
A. Staff Presentation
City Planner Masood Malik presented the staff report for Variance Request #13-93000006.
The applicant, Lori Evans on behalf of D.R. Horton, is requesting a waiver of 3.8' from the
City's rear building setback requirement for Lot 53, Block 2, Lakes of Fairmont Greens
Subdivision, Section 1.
Public hearing notices were mailed to three property owners located within 200' of the
subject tract. The City did not receive any response from the mail -out.
B. Applicant Presentation
Zoning Board of Adjustment
Minutes of November 12, 2013
Page 2 of 3
Roger and Melissa Martin, 10119 Shell Rock Rd., La Porte, were sworn in by Chairman
Rothermel. Mr. and Mrs. Martin, while raising their family, have lived in La Porte for 33
years and have plans to remain here as Mr. Martin is now retired. The Martins were
unaware the new home they purchased was a bit larger than would be allowed on the lot
and are now requesting favorable consideration of a variance to remedy the problem.
C. Public Comments
Mark Follis, 831 S. 7th St., was sworn in by Chairman Rothermel. Mr. Follis spoke in favor of
granting the variance, given the unique situation of the property. A detention pond exists
beyond the rear of the subject property; therefore there are no homes that would be
affected. Mr. Follis stated that setback requirements are being looked at by the Zoning
Ordinance Review Subcommittee.
D. Question and Answer
There were none.
Motion by T.J. Walker to approve Variance Request #13-93000006, allowing a 3.8 foot
encroachment into the rear 15' building setback line for the property located at 2322 Eagle
Lane. Second by Charles Schoppe. Motion failed.
Ayes: Charles Schoppe, T.J. Walker, and Rod Rothermel
Nays: Nettie Warren
Motion by Nettie Warren to reconsider the prior motion. Second by Chairman Rothermel.
Motion carried.
Ayes: Nettie Warren, Charles Schoppe, T.J. Walker, and Rod Rothermel
Nays:
Motion by Charles Schoppe to approve Variance Request #13-93000006, allowing a 3.8 foot
encroachment into the rear 15' building setback line for the property located at 2322 Eagle
Lane. Second by T.J. Walker. Motion carried.
Ayes: Charles Schoppe, T.J. Walker, Nettie Warren, and Rod Rothermel
Nays:
Assistant City Attorney Clark Askins read from Section 106-196 of the Code of Ordinances:
Appeals from the Board of Adjustment.
5. Administrative Reports
Mr. Malik reported the Planning & Zoning Chapter 106 Review Subcommittee has completed
converting the commercial and industrial use table from SIC to NAICS.
Zoning Board of Adjustment
Minutes of November 12, 2013
Page 3 of 3
6. Board comments on matters appearing on agenda or inquiry of staff regarding specific factual
information or existing policy.
There were_no comments from the Board.
7. Adjourn
Chairman Rothermel adjourned the meeting at 6:19 p.m.
Res tfully submitted,
Peggy
Secretary, Zoning Board of Adjustment
Passe and Approved on ilk C"7 , 2014.
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Rod Rothermel
Vice -Chairman, Zoning Board of Adjustment