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HomeMy WebLinkAbout04-28-16 Regular Meeting of the Zoning Board of Adjustment Zoning Board of Adjustment Minutes of April 28, 2016 Board Members Present: Rod Rothermel, Dennis Oian, Nettie Warren, Chester Pool and Charles Schoppe Board Members Absent: T.J. Walker and Doug Martin City Staff Present: Assistant City Attorney Clark Askins,City Planner Eric Ensey,and Planning Technician Ryan Cramer 1. Call to Order. Chairman Rod Rothermel called the meeting to order at 6:00 p.m. 2. Roll call of members. Board Members T.J.Walker and Doug Martin were not present. 3. Consider approval of meeting minutes: March 3,2016. Motion by Charles Schoppe to approve the meeting minutes of the March 3, 2016 meeting. Second by Chester Pool. Motion carried. Ayes: Rod Rothermel, Dennis Oian, Nettie Warren, Chester Pool and Charles Schoppe Nays: None 4. A public hearing to consider Variance Request 16-93000002, a request by Bayway Homes (Charles Anders)for the property located at 530 Dr. Martin Luther King Jr. Drive, legally described as lots 1, 2&3, Block 104,Town of La Porte Subdivision,to allow for construction of a new single family detached house that is set back 0 feet from the side (north) property line, contrary to the provisions of Section 106-333 of the city's Code of Ordinances that requires a minimum 5-foot side setback. Chairman Rothermel opened the public hearing at 6:01 p.m. a. Staff Presentation City Planner Eric Ensey presented staff's report on a variance request by Charles Anders to allow for the construction of a new house that would be set back zero feet from the property line. City Planner Ensey said that this variance is required because the applicant has a large tree in the middle of his property. Unless the tree is removed, its location leaves him unable to build a house with the required five foot setback. Chairman Rothermel asked if the City had any plans to build a street in the right of way to the north, City Planner Ensey said no as the City's Hike and Bike trail is in that right of way. Staff recommended that a stipulation be added stating that no portion of the building could encroach into the right of way. Mr. Ensey confirmed that all requirements for public hearing notification have been met. Notices of the public hearing were mailed to all property owners located within 200' of the subject site. b. Applicant Presentation Chairman Rothermel swore in the applicant Charles Anders. Mr.Anders said that he would have room to build the house if the property did not have a large oak tree. However because it is there, he has to shift his building design over. c. Public Comments There were no public comments. Chairman Rothermel closed the public hearing at 6:23 PM. d. Question and Answer There was no question and answer Motion by Dennis Oian to approve Variance Request 16-93000002, a request by Bayway Homes (Charles Anders)for the property located at 530 Dr. Martin Luther King Jr. Drive legally described as lots 1, 2 &3, Block 104,Town of La Porte Subdivision to allow for construction of a new single family detached house that is set back 0 feet from the side (north) property line, contrary to the provisions of Section 106-333 of the city's Code of Ordinances that requires a minimum 5-foot side setback. Second by Nettie Warren. Motion Carried. Ayes: Rod Rothermel, Dennis Oian, Nettie Warren,Chester Pool and Charles Schoppe Nays: None Assistant City Attorney Clark Askins read from Section 106-196 of the Code of Ordinances: Appeals from the Board of Adjustment. 5. A public hearing will be held to consider Variance Request 16-93000003, a request by S. 16th Street Partners(Joseph Llamas)for the property located at 1401 S. 16th Street legally known as Tracts 1B-3,Abstract 35,Johnson Hunter Survey,to allow for a landscape frontage on S. 16th Street of 14.75 feet and a landscape frontage on the unimproved W. M Street right-of-way of 10 feet for construction of a new warehouse/distribution facility,contrary to the provisions of Section 106-522 of the city's Code of Ordinances that requires a minimum 25-foot landscape frontage along rights-of-way for development greater than 10 acres in size. Chairman Rothermel opened the public hearing at 6:10. a. Staff Presentation City Planner Ensey presented staff's report for variance request 16-93000003 in which S 16th Street Partners is requesting to encroach on the landscaping frontage requirements along S. 16th Street and W. M Street. City Planner said that the City does plan to construct a street in the W. M Street right-of- way but there is no timeline for the project. b. Applicant Presentation Joseph Llamas, 1503 Ridgecrest Drive,Austin,Texas, presented on behalf of S. 16th Street Partners. Mr. Llamas said that his end user for the building would not have room for the trucks to back in and out without the variance. The applicant also noted that they were donating to the City of La Porte a 40-foot portion of right-of-way in order to widen 16th Street in the future. c. Public Comments There were no public comments. Chairman Rothermel closed the public hearing at 6:33 PM. d. Question and Answer Chairman Rothermel asked Assistant City Attorney Clark Askins if there was any way the City could compel the applicants to put in berms on M Street. Assistant City Attorney Askins said that they could add a condition to their approval of a variance. Motion by Dennis Oian to Variance Request 16-93000003, a request by S. 16th Street Partners (Joseph Llamas) for the property located at 1401 S. 16th Street, legally known as Tracts 1B-3, Abstract 35,Johnson Hunter Survey,to allow for a landscape frontage on S. 16th Street of 14.75 feet and a landscape frontage on the unimproved W. M Street right-of-way of 10 feet for construction of a new warehouse/distribution facility, contrary to the provisions of Section 106- 522 of the city's Code of Ordinances that requires a minimum 25-foot landscape frontage along rights-of-way for developments greater than 10 acres in size, subject to the condition that berms be installed along the W. M Street right-of-way at the time of initial construction of the site. Second by Chester Pool. Motion Carried. Ayes: Rod Rothermel, Dennis Oian, Nettie Warren,Chester Pool and Charles Schoppe Nays: None Assistant City Attorney Clark Askins read from Section 106-196 of the Code of Ordinances: Appeals from the Board of Adjustment. 6. Administrative Reports City Planner Ensey said that there is an item on the agenda for next month so the Board can plan on there being a meeting. 7. Board comments on matter appearing on the agenda or inquiry of staff regarding specific factual information or existing policy. There were no board comments. 8. Adjourn Motion by Nettie Warren to adjourn. Second by Charles Shoppe. Motion Carried. Ayes: Rod Rothermel, Dennis Oian, Nettie Warren, Chester Pool and Charles Schoppe Nays: None Chairman Rothermel adjourned the meeting at 6:18 p.m. Respectfully submitted, Rya ram- Secretary, Zoning Board of Adjustment Passed and Approved on Ma) 6, , 2016. Rod Rothermel Chairman,Zoning Board of Adjustment