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HomeMy WebLinkAbout08-25-16 Regular Meeting of the Zoning Board of Adjustment Zoning Board of Adjustment Minutes of August 25,2016 Board Members Present: Rod Rothermel, Dennis Oian, Nettie Warren, Chester Pool, T.J. Walker and Doug Martin. Board Members Absent: Charles Schoppe City Staff Present: Assistant City Attorney Clark Askins, Planning Director Tim Tietjens, 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 Oian, Warren, Pool, Walker, Martin and Chairman Rothermel were present for roll call. 3. Consider approval of meeting minutes: May 26, 2016. Motion by Chester Pool to approve the meeting minutes of the May 26, 2016 meeting. Second by Nettie Warren. Motion carried. Ayes: Rod Rothermel,T.J. Walker,Nettie Warren,Chester Pool, Doug Martin Nays: None 4. A public hearing to consider Variance Request 16-93000006, a request by Pastor Shane Klinkerman on behalf of the First Assembly of God Church for a tract of land located at 316 E. Fairmont Parkway legally described as Blocks 1112 and 1113 of the Town of La Porte Subdivision.The applicant is seeking approval of a variance to allow for a new building to be placed 10' from the front property line, contrary to the provisions of Section 106-343(a) of the Code of Ordinances that requires a minimum front setback of 20' in a General Commercial zone. Chairman Rothermel opened the public hearing at 6:02 p.m. a. Staff Presentation Planning Technician Ryan Cramer presented staff's report on a variance request by Shane Klinkerman to allow for the construction of a new worship building set 10' back from the property line. Planning Technician Cramer said there was not enough room to build a building of this size where the applicant wants to without getting a setback variance. He also noted the building in the surrounding area were less than 20 feet back from the front property line. Planning Technician Cramer finished by bringing attention to the public responses received by the City. First, the sent in by the owner of Shaterra Properties at 410 E. Fairmont Parkway stating he was against the variance as it would reduce visibility to his strip center as well as visibility for those entering and exiting.The letter also stated that no hardship existed for the property to require a variance. Second, a letter sent by La Porte ISD in support of the variance b. Applicant Presentation Chairman Rothermel swore in the applicant Shane Klinkerman.The applicant echoed the sentiments from staff's presentation. c. Public Comments There were no public comments. Chairman Rothermel closed the public hearing at 6:07 PM. d. Question and Answer There was no question and answer Motion by Doug Martin to approve Variance Request 16-93000006, a request by Pastor Shane Klinkerman on behalf of the First Assembly of God Church for a tract of land located at 316 E. Fairmont Parkway legally described as Blocks 1112 and 1113 of the Town of La Porte Subdivision.The applicant is seeking approval of a variance to allow for a new building to be placed 10'from the front property line, contrary to the provisions of Section 106-343(a) of the Code of Ordinances that requires a minimum front setback of 20' in a General Commercial zone. Second by Chester Pool. Motion Carried. Ayes: Rod Rothermel,T.J.Walker, Nettie Warren, Chester Pool, Doug Martin 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 to receive public input on Variance Request 16-93000007, a request by Bayway Homes for tracts of land legally described as Lots 1-8, Block 108 and Lots 24-32, Block 107,Town of La Porte Subdivision.The applicant is seeking approval of multiple variances as follows: 1. A side setback of 5'for Lot 32, Block 107 and Lot 1, Block 108;contrary to the provisions of Section 106-333(a)of the Code of Ordinances that requires a minimum side setback of 20'for a townhouse/quadraplex project. 2. A density of 12.5 units per acre;contrary to the provisions of Section 106-333(a) of the Code of Ordinances that allows a maximum of 10 units per acre for townhouse/quadraplex projects. 3. A spacing between driveways of 4'; contrary to the provisions of Section 106-835; Figure 10-2,which requires a minimum of 10' between residential driveways. 4. A distance from the driveway to the property line of 2'; contrary to the provisions of Section 106-835; Figure 10-2,which requires a minimum distance between the driveway and side lot line of 3'. Chairman Rothermel opened the public hearing at 6:10. a. Staff Presentation Planning Technician Cramer presented staffs report for variance request 16-93000007. Planning Technician Cramer said the driveway regulations from the City made it impossible for a townhouse development to meet all of the proper setbacks. While on the other hand there was not a true hardship for going over density requirements or needing a side setback variance. Staff recommended use of architectural features to distinguish one townhome unit from the one it is connected to. b. Applicant Presentation Jon Skeele, Friendswood, Texas, was sworn in by Chairman Rothermel. The applicant noted the Northside, where his tracts are, is under developed and creating a higher desnity use is a good transition from the commercial uses on Broadway. Being adjacent to the City's Hike and Bike Trail to the north gives their development the buffer the code was pursuing when they wrote the section they are asking for a variance from. c. Public Comments There were no public comments. Chairman Rothermel closed the public hearing at 6:22 PM. d. Question and Answer Chester Pool asked how the City came up with its density requirement. Planning Technician Cramer indicated, as had been told to him,when the changes to Chapter 106 were being made, staff looked at the surrounding communities and used a number they thought was good. Nettie Warren noted she felt the project was a lot of development on such a small amount of land. Variance 1. Motion by Doug Martin to approve a side setback of 5'for Lot 32, Block 107 and Lot 1, Block 108; contrary to the provisions of Section 106-333(a) of the Code of Ordinances that requires a minimum side setback of 20'for a townhouse/quadraplex project. Second by Chester Pool. Motion Carried. Ayes: Rod Rothermel,T.J.Walker, Chester Pool, Doug Martin Nays: Nettie Warren Assistant City Attorney Clark Askins read from Section 106-196 of the Code of Ordinances: Appeals from the Board of Adjustment. Variance 2. Motion by Chester Pool to approve a density of 12.5 units per acre; contrary to the provisions of Section 106-333(a) of the Code of Ordinances that allows a maximum of 10 units per acre for townhouse/quadraplex projects. Second by Doug Martin. Motion Carried. Ayes: Rod Rothermel,T.J. Walker,Chester Pool, Doug Martin Nays: Nettie Warren Assistant City Attorney Clark Askins read from Section 106-196 of the Code of Ordinances: Appeals from the Board of Adjustment. Variance 3. Motion by Doug Martin to approve a spacing between driveways of 4'; contrary to the provisions of Section 106-835; Figure 10-2, which requires a minimum of 10' between residential driveways. Second by Chester Pool. Motion Carried. Ayes: Rod Rothermel,T.J. Walker, Chester Pool, Doug Martin Nays: Nettie Warren Assistant City Attorney Clark Askins read from Section 106-196 of the Code of Ordinances: Appeals from the Board of Adjustment. Variance 4. Motion by Chester Pool to approve a distance from the driveway to the property line of 2'; contrary to the provisions of Section 106-835; Figure 10-2, which requires a minimum distance between the driveway and side lot line of 3'. Second by Doug Martin. Motion Carried. Ayes: Rod Rothermel,T.J.Walker, Chester Pool, Nettie Warren, Doug Martin Nays: Assistant City Attorney Clark Askins read from Section 106-196 of the Code of Ordinances: Appeals from the Board of Adjustment. 6. A public hearing to receive public input on Variance Request 16-93000008,a request by Robert Goebel for the tract of land located at 11230 N. P St., legally described as Lots 1-6 of Block 1 of the Greendale Subdivision U/R.The applicant is seeking approval of a variance that would allow him to build a 1,144-square foot garage;contrary to the provisions of Section 106-741(e)(2),which allows detached garages on lots less than an acre in size to have a maximum floor area of 1,000 square feet. Chairman Rothermel opened the public hearing at 6:40 p.m. a. Staff Presentation Planning Technician Cramer gave staff's presentation for variance request 16-93000008. Planning Technician Cramer brought the Board's attention to the three response letter received by staff in regards to this variance from Fredrick Goines, Chris Rains and Robert Goebel, all in support of the variance. b. Applicant Presentation Robert Goebel gave the applicant presentation. He said he needed a larger garage because he did not have enough storage space. c. Public Comments There were no public comments. Chairman Rothermel closed the public hearing at 6:43 d. Question and Answer There were no questions. Motion by T.J. Walker to approve Variance Request 16-93000008, a request by Robert Goebel for the tract of land located at 11230 N. P St., legally described as Lots 1-6 of Block 1 of the Greendale Subdivision U/R.The applicant is seeking approval of a variance that would allow him to build a 1,144-square foot garage; contrary to the provisions of Section 106-741(e)(2), which allows detached garages on lots less than an acre in size to have a maximum floor area of 1,000 square feet. Second by Nettie Warren. Motion Carried. Ayes: Rod Rothermel,T.J.Walker, Nettie Warren, Chester Pool, Doug Martin Nays: None Assistant City Attorney Clark Askins read from Section 106-196 of the Code of Ordinances: Appeals from the Board of Adjustment. 7. A public hearing to receive public input on Variance Request 16-93000009, requested by Oakland Land & Development for the tract of land located at 905 S. 14th St., legally described as Lots 1-32&Tract A, Block 866,Town of La Porte Subdivision.The applicant is seeking approval of a variance that would allow him to keep his current irrigation system of hose bibbs and soaker hoses; contrary to the provisions of Section 106-800 (c);4; b.,which requires properties larger than one acre to have an automatic irrigation system. Chairman Rothermel opened the public hearing at 6:45 p.m. a. Staff Presentation Planning Technician Cramer gave staff's presentation for variance request 16-93000009. Planning Technician Cramer said there is an approved site plan on file that shows an automatic irrigation system. Chairman Rothermel asked why the code required an automatic irrigation system. City Planner Eric Ensey said in the latest round of Chapter 106 changes the Planning and Zoning Commission wanted to give some leeway to developers. b. Applicant Presentation Jeff Burkhalter, Natchez, MS,was sworn in by Chairman Rothermel.The applicant noted their hose system was in fact automatic and was within 50' of all vegetation. c. Public Comments Bill Campbell, Cypress,TX,was sworn in by Chairman Rothermel. He said the landscaping was drought tolerant. Chairman Rothermel closed the public hearing at 6:56 p.m. d. Question and Answer There were no questions. Motion by Chester Pool to approve Variance Request 16-93000009, requested by Oakland Land & Development for the tract of land located at 905 S. 14th St., legally described as Lots 1-32 & Tract A, Block 866,Town of La Porte Subdivision. The applicant is seeking approval of a variance that would allow him to keep his current irrigation system of hose bibbs and soaker hoses; contrary to the provisions of Section 106-800 (c); 4; b., which requires properties larger than one acre to have an automatic irrigation system. Second by Nettie Warren. Motion Carried. Ayes: Rod Rothermel,T.J.Walker, Nettie Warren,Chester Pool, Doug Martin Nays: None Assistant City Attorney Clark Askins read from Section 106-196 of the Code of Ordinances: Appeals from the Board of Adjustment. 8. A public hearing to receive public input on Variance Request 16-93000010,a request by Richard Sparks for the tract of land located at 920 Seabreeze, legally described as Lots 18& 19, Parkway Block, Bayshore Park Subdivision.The applicant is seeking approval of a variance that would allow him to build a 1,080-square foot garage;contrary to the provisions of Section 106-741 (e)(2),which allows detached garages on lots less than an acre in size to have a maximum floor area of 1,000 square feet. Chairman Rothermel opened the public hearing at 7:01 p.m. a. Staff Presentation Planning Technician Cramer gave staff's report for variance request 16-93000010. After his presentation Planning Technician Cramer brought the Board's attention to the three response letter received by the City.Two, from Virginia Groda and Edgar Reed were in favor while one from Jacqueline Fowler was in opposition. b. Applicant Presentation Richard Sparks, La Porte,TX, was sworn in by Chairman Rothermel. He said he needed the extra room to fit his RV. c. Public Comments There were no public comments. Chairman Rothermel closed the public hearing at 7:06 p.m. d. Question and Answer Chairman Rothermel said he would like to see the two storage sheds moved off the property and have that be made as a condition of approval. The applicant asked if he would be able to keep one of the sheds and the Board agreed. Motion by Chester Pool to approve Variance Request 16-93000010, a request by Richard Sparks for the tract of land located at 920 Seabreeze, legally described as Lots 18 & 19, Parkway Block, Bayshore Park Subdivision.The applicant is seeking approval of a variance that would allow him to build a 1,080-square foot garage; contrary to the provisions of Section 106-741 (e)(2),which allows detached garages on lots less than an acre in size to have a maximum floor area of 1,000 square feet. With the condition one of the two sheds currently on the property be removed. Second by Doug Martin. Motion Carried. Ayes: Rod Rothermel,T.J.Walker, Nettie Warren,Chester Pool, Doug Martin Nays: None Assistant City Attorney Clark Askins read from Section 106-196 of the Code of Ordinances: Appeals from the Board of Adjustment. 9. Administrative Reports Planning Technician Cramer noted every day is a great day in the City of La Porte. 10. Board comments on matters appearing on the agenda or inquiry of staff regarding specific factual information or existing policy. There were no Board comments. 11. Adjourn Motion by Doug Martin to adjourn. Second by T.J. Walker. Motion Carried. Ayes: Rod Rothermel,T.J. Walker, Nettie Warren, Chester Pool, Doug Martin Nays: None Chairman Rothermel adjourned the meeting at 7:11 p.m. Respectfully submitted, Ryan Cramer Secretary, Zoning Board of Adjustment Passed and Approved on , 2016. Rod Rothermel Chairman, Zoning Board of Adjustment