The URL can be used to link to this page

Home My WebLink About05-26-16 Regular Meeting of the Zoning Board of Adjustment Zoning Board of Adjustment Minutes of May 26, 2016 Board Members Present: Rod Rothermel, Dennis Oian, Nettie Warren, Chester Pool, T.J. Walker, Doug Martin and Charles Schoppe Board Members Absent: None 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. All board members were present. 3. Consider approval of meeting minutes:April 28, 2016. Motion by Charles Schoppe to approve the meeting minutes of the April 28, 2016 meeting. Second by Chester Pool. Motion carried. Ayes: Rod Rothermel,T.1.Walker, Nettie Warren, Chester Pool and Charles Schoppe Nays: None 4. A public hearing to consider Variance Request 16-93000004,a request by Frank Ball Realty (Frank Ball)for the property located at the southeast corner of S. Broadway Street and the unimproved E. L Street right-of-way legally described as 115' of Lots 1-6, Lots 17-32,and the abandoned alley, Block 1159,Town of La Porte,to allow for construction of a new single family attached townhouse development with a density of 13.6 dwelling units per acre, contrary to the provisions of Section 106-333 of the city's Code of Ordinances that requires a maximum density of 10 dwelling units per acre. *At this time Chairman Rothermel decided to take the agenda items out of order and hear agenda item number five first as there was no applicant for agenda item number four. Chairman Rothermel opened the public hearing at 6:10 p.m. a. Staff Presentation City Planner Eric Ensey presented staff's report on a variance request by Frank Ball to allow for the construction of new townhouses. City Planner Ensey said this variance is required because the applicant wants to build single family attached townhomes. City Planner Ensey went on to explain "single family attached housing" means each house will be platted on its own lot, allowing a perspective buyer to own their lot. Chester Pool asked if there were any benefits or drawbacks from the City's point of view to allowing a higher density of townhomes. City Planner Ensey said a benefit is more taxable buildings and a possible drawback could be higher crime, but considering these homes would be owned outright,that did not seem likely. b. Applicant Presentation Chairman Rothermel swore in the applicant Baldo Navarette, 908 Azalea Point, League City, Texas. Chairman Rothermel asked if there was any specific hardship with the request. Mr. Navarette indicated the extra density was so they can meet a certain return on investment. Chairman Rothermel then asked how many units there would be per building. City Planner Ensey told the Board there would be two buildings with ten units and one with twelve. c. Public Comments Janet Furlow, 21 N. Forest Avenue, La Porte,Texas spoke in opposition to the proposed extra units because any extra concrete could create a drainage problem for her property. Hal Lawler, 1414 S. Broadway, La Porte,Texas was not sure whether or not he supported the variance as he thought the resulting home ownership would improve the community but the proposed entrances and exits for the development being directly across from the recreation center caused concern for Mr. Lawler. Chairman Rothermel closed the public hearing at 6:27 PM. d. Question and Answer There was no question and answer Motion by Charles Schoppe to deny Variance Request 16-93000004, a request by Frank Ball Realty(Frank Ball)for the property located at the southeast corner of S. Broadway Street and the unimproved E. L Street right-of-way legally described as 115' of Lots 1-6, Lots 17-32, and the abandoned alley, Block 1159,Town of La Porte,to allow for construction of a new single family attached townhouse development with a density of 13.6 dwelling units per acre, contrary to the provisions of Section 106-333 of the city's Code of Ordinances that requires a maximum density of 10 dwelling units per acre. Second by T.J. Walker. 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 16-93000005,a request by Kathleen Lemon for the property located at 401 and 403 Bayshore Drive, legally described as Lots 19& 20, Block 49,Sylvan Beach Subdivision,to allow construction of a single family house with a lot frontage of 45.71'which would result in a lot with a total of 4,571 square feet in area contrary to the provisions of Section 106-333 that requires a 50-foot frontage and a 6,000 square foot lot. Chairman Rothermel opened the public hearing at 6:01. a. Staff Presentation City Planner Ensey presented staff's report for variance request 16-93000005 in which Kathleen Lemon is requesting to replat her residential lot in a manner that would have 45.71' of lot frontage. City Planner Ensey said Ms. Lemon had previously been granted a variance for her lot width and size, amongst others, but because of a mismeasurement of her front property line her initial variance did not approve the distance she needed. b. Applicant Presentation Kathleen Lemon,515 River Birch Dr., Lumberton,Texas,told the Board how she measured the property line before the initial variance and when she got a survey it came back a different length,forcing her to get a new variance. c. Public Comments There were no public comments. Chairman Rothermel closed the public hearing at 6:06 PM. d. Question and Answer Chester Pool asked if there was any way the City could reimburse Ms. Lemon's application fee because Ms. Lemon only had to reapply for a previously granted variance to correct a distance. City Planner Ensey said the City did not charge an application fee for the same reason Mr. Pool was concerned. Motion by Charles Schoppe to approve Variance Request 16-93000005,a request by Kathleen Lemon for the property located at 401 and 403 Bayshore Drive, legally described as Lots 19 & 20, Block 49,Sylvan Beach Subdivision, to allow construction of a single family house with a lot frontage of 45.71' which would result in a lot with a total of 4,571 square feet in area contrary to the provisions of Section 106-333 that requires a 50 foot frontage and a 6,000 square foot lot. Second by Chester Pool. Motion Carried. Ayes: Rod Rothermel,T.J.Walker, 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 the Planning and Zoning Commission has requested a group workshop with the Zoning Board of Adjustment to discuss the new changes to the Zoning Ordinance. 7. Board comments on matters appearing on the agenda or inquiry of staff regarding specific factual information or existing policy. Dennis Oian asked what options the applicant of agenda item number four had now the variance request was denied. Chairman Rothermel and Assistant City Attorney Askins told him the applicant could either build to code or challenge the ruling in court. 8. Adjourn Motion by Chester Pool to adjourn. Second by T.J. Walker. Motion Carried. Ayes: Rod Rothermel,T.J.Walker, Nettie Warren,Chester Pool and Charles Schoppe Nays: None Chairman Rothermel adjourned the meeting at 6:34 p.m. Respectfully submitted, ("elii/ Rya Cramer Secretary,Zoning Board of Adjustment Passed and Approved on �q� J , 2016. Rod Rothermel Chairman, Zoning Board of Adjustment