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HomeMy WebLinkAbout12-13-16 Regular Meeting of the Zoning Board of Adjustment Zoning Board of Adjustment Minutes of December 13,2016 Board Members Present: Rod Rothermel, Dennis Dian, Chester Pool, and T.J. Walker Board Members Absent: Nettie Warren City Staff Present: Assistant City Attorney Clark Askins, City Planner Ian Clowes, 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 member Nettie Warren was not present. 3. A public hearing to consider Variance Request 16-93000011,a request by George Lowery for the tract of land located at 2602 W. Main, legally described as Lots 21-30&Tracts 1-10&12- 20 Block 707&Abandoned Alley and Tract A Town of La Porte Subdivision.The applicant is seeking approval of a variance that would allow him to build a 292.24 square foot sign.This is contrary to the provisions of Section 106-874(a)(3)(b)(1),which caps the size of freestanding on-premises signs in a General Commercial zone at 150 square feet. Chairman Rothermel opened the public hearing at 6:01 p.m. a. Staff Presentation Planning Technician, Ryan Cramer, presented staff's report on a variance request 16- 93000011. The applicant would like to construct a free standing sign in the GC zoning district. The requested sign would be 149 square feet larger than the permitted maximum sign of 150 square feet. Planning Tech. Cramer said that the requested sign variance, if approved,would permit a sign that would be almost double the permitted size and could pose a distraction to motorists along Spencer Hwy. b. Applicant Presentation Chairman Rothermel swore in the applicant George Lowery, 13410 Walmouth, Cypress, Texas and John Mase, 1868 Aspen, Seabrook,TX. Mr. Lowery stated that the variance was necessary in order to allow the sign to be visible due to an existing embankment on the property. Additionally,the speed limit along Spencer warrants a larger sign.The proposed sign will be consistent with the new El Toro branding at other locations and the proposed neon lighting would meeting lighting brightness standards and would not pose a threat to motorists. Mr. Mase added that the sign will be aesthetically pleasing and will meet the standards set at other restaurants. c. Public Comments None Chairman Rothermel closed the public hearing at 6:10PM. d. Question and Answer Chester Pool asked where they sign will be located on the site. Planning Tech Cramer pointed to a location on the site plan near the corner of Spencer and Sens. Chairman Rothermel asked how far away from Sens Rd.will the sign be located. Planning Tech Cramer said that it will be approximately 200 feet off of Sens. Chester Pool asked what the overall dimensions of the sign are. Planning Tech Cramer showed the breakdown of each section of the sign and stated that the overall dimensions will be roughly 249 square feet. Dennis Oian asked if there were any laws that prohibit the construction of this sign. Assistant City Attorney Askins said no, other than the size requirement. Dennis Oian and T.J. Walker stated that they felt this sign was appropriate. Motion by Dennis Oian to Approve Variance Request 16-93000011, a request by George Lowery for the tract of land located at 2602 W. Main, legally described as Lots 21-30&Tracts 1-10& 12-20 Block 707 &Abandoned Alley and Tract A Town of La Porte Subdivision.The applicant is seeking approval of a variance that would allow him to build a 292.24 square foot sign.This is contrary to the provisions of Section 106-874(a)(3)(b)(1),which caps the size of freestanding on-premises signs in a General Commercial zone at 150 square feet. Second by Chester Pool. Motion Carried. Ayes: Rod Rothermel, Dennis Oian, Chester Pool and T.J.Walker Nays: None Assistant City Attorney Clark Askins read from Section 106-196 of the Code of Ordinances: Appeals from the Board of Adjustment. 4. A public hearing will be held to consider Variance Request 16-93000012, a request by Donna Eckels for the tract of land located at 402 W. E Street, legally described as Lots 30,31&32, Block 129 Town of La Porte Subdivision.The applicant is seeking approval of a variance that would allow her client to replat one lot(East)to be 5,625 square feet and the other(West)to be 3,750 square feet in size. Both of these lot sizes are contrary to the provisions of Section 106-333(a),which requires single family detached lots to be a minimum of 6,000 square feet in size. Chairman Rothermel opened the public hearing at 6:15. a. Staff Presentation Planning Tech. Cramer presented staff's report for variance request 16-93000012. Planning Tech. Cramer said that the site currently is occupied by two separate homes, which is an existing nonconformity with current zoning codes.The applicant is requesting to replat two residential lots that will each be smaller than the required 6,000 square foot minimum in the R-1 zoning district. b. Applicant Presentation Donna Eckels, 2111 Laurel Dr., Friendswood, TX, told the Board that the property owner recently purchased the site with hopes of creating two residences on two separate lots, and selling off one or both of the homes in the future. Chairman Rothermel asked if both homes are currently livable. Ms. Eckels stated that they were. Chester Pool asked what the square footage of the smaller home is. Ms. Eckels stated that it is 28' by 28'or approximately 900 square feet. c. Public Comments There were no public comments. Chairman Rothermel closed the public hearing at 6:20 PM. d. Question and Answer Dennis Oian stated that he was not sure if he approves of them being two separate properties. He worried that this could be opening a can of worms,allowing for a lot of small lots throughout the city. Wants to look at the long term plans of the neighborhood. T.J. Walker stated that the lot was conforming now. Granting this variance would create two new non-conforming situations. Chester Pool agreed with Walker,there are reasons to keep the minimum square footage at 6,000 square feet. Motion by Dennis Oian to approve Variance Request 16-93000012, a request by Donna Eckels for the tract of land located at 402 W. E Street, legally described as Lots 30,31 &32, Block 129 Town of La Porte Subdivision.The applicant is seeking approval of a variance that would allow her client to replat one lot(East)to be 5,625 square feet and the other(West)to be 3,750 square feet in size. Both of these lot sizes are contrary to the provisions of Section 106-333 (a),which requires single family detached lots to be a minimum of 6,000 square feet in size. Second by T.J. Walker. Motion Failed. Ayes: Dennis Oian Nays: Rod Rothermel,T.J.Walker, and Chester Pool 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 16-93000013, a request by Jose Gonzalez for the tract of land located at 324 W. Main Street, legally described as Lots 11, &12 Block 58 Town of La Porte Subdivision.The applicant is seeking approval of a variance that would allow his client to place a freestanding sign in the Main Street District that is 50 square feet in size, and is 24 feet in height for an existing building that is not setback.This is contrary to Section 106-874(a)(4)(c)which requires that new freestanding signs can only be used when the building is setback and cannot exceed 24 square feet in size or 14 feet in height Chairman Rothermel opened the public hearing at 6:25. a. Staff Presentation Planning Tech. Cramer presented staff's report for variance request 16-93000013. The applicant is moving into an existing building on Main St.and would like to erect a free standing sign. New free standing signs in the Main Street Overlay District are only permitted when the building is setback off of the road. This building is not. b. Applicant Presentation The applicant was not present. c. Public Comments There were no public comments. Chairman Rothermel closed the public hearing at 6:29 PM. d. Question and Answer Rod Rothermel noted that there is an existing pole but that the business address in question was not on the list of previously existing poll signs along Main St. Chester pool stated that he was not happy with the proposed height but was okay with the proposed size of the sign cabinet. Motion by Chester Pool to approve the proposed size but not the proposed height stated in Variance 16-93000013, a request by Jose Gonzalez for the tract of land located at 324 W. Main Street, legally described as Lots 11, & 12 Block 58 Town of La Porte Subdivision.The applicant is seeking approval of a variance that would allow his client to place a freestanding sign in the Main Street District that is 50 square feet in size, and is 24 feet in height for an existing building that is not setback.This is contrary to Section 106-874(a)(4)(c)which requires that new freestanding signs can only be used when the building is setback and cannot exceed 24 square feet in size or 14 feet in height. Second by TJ Walker. Motion Carried. Ayes: Rod Rothermel,T.J.Walker,Chester Pool and Dennis Oian Nays: None 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 will be held to consider Variance Request 16-93000014, a request by Charles Pfeiffer for the tract of land located at 202% N. 16th St., legally described as Block 686,Lots 1- 16&17-32&Abandoned E 1/2 N. 14th St,Town of La Porte Subdivision.The applicant is seeking approval of a variance that would allow him to forego installation of planters in a parking area;contrary to the provisions of Section 106-800(c)(1)(c),which requires a minimum ratio of one planter for every ten parking spaces. Chairman Rothermel opened the public hearing at 6:01. a. Staff Presentation Planning Tech. Cramer presented staff's report for variance request 16-93000014. Planning Tech. Cramer explained that planters are required with trees throughout the proposed parking lot expansion. In lieu of the planters, the applicant would like to plant the required trees around the perimeter of the property. b. Applicant Presentation Charles Pfeiffer, 3410 Arden Oaks Dr., Houston,Texas, told the Board how the proposed parking area is not visible from the road or other surrounding properties. The trees would make more of an impact on the perimeter of the property. Additionally, this is an industrial area and parking lot planters make it difficult for truck to maneuver. c. Public Comments There were no public comments. Chairman Rothermel closed the public hearing at 6:36 PM. d. Question and Answer Rod Rothermel stated that Pfeiffer is a good corporate partner in La Porte and requested that they add additional landscaping to the front of the property. Chester pool asked if there was any space in front for landscaping. Rod stated that it wasn't required in this zoning district. Dennis Oian stated that the proposed perimeter landscaping will act as screening. Motion by Chester Pool to approve Variance Request 16-93000014, a request by Charles Pfeiffer for the tract of land located at 202%2 N. 16th St., legally described as Block 686,Lots 1-16&17-32 & Abandoned E%2 N. 14th St,Town of La Porte Subdivision.The applicant is seeking approval of a variance that would allow him to forego installation of planters in a parking area; contrary to the provisions of Section 106-800(c)(1)(c),which requires a minimum ratio of one planter for every ten parking spaces. Second by Dennis Oian. Motion Carried. Ayes: Rod Rothermel,T.J.Walker, Chester Pool and Dennis Oian 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 will be held to consider Special Exception Request 16-94000001, a request by Mark Hutfless for the tract of land located at 201 N. 18th Street, legally described as Lots 17- 32 and the east 75'of Lots 1-16 Block 691 Town of La Porte Subdivision.The applicant is seeking approval of a special exception that would allow his company(Imerys)to expand a preexisting non-conforming use. Chairman Rothermel opened the public hearing at 6:39. a. Staff Presentation Planning Tech. Cramer presented staff's report for special exception request 16- 94000001. The applicant is requesting to expand an existing non-conforming use on his property. The use will be in a new structure proposed for the site. Chester Pool asked why this was a non-conforming situation? Planning Tech. Cramer stated that the use was classified as Heavy Industrial(HI)while the property is zoned Light Industrial (LI). b. Applicant Presentation Mark Hutfless, 9702 Crestview Dr. Mont Belvieu,Texas,told the Board that the proposed building is a warehouse for existing production. The new facility will allow them to discontinue use of a rented facility off site. No expansion of production on site is proposed. Dennis Oian asked if the warehouse will create any hazardous conditions. Mr. Hutfless stated that it would not. c. Public Comments There were no public comments. Chairman Rothermel closed the public hearing at 6:44 PM. d. Question and Answer Rod Rothermel asked if this is considered a non-conforming situation, isn't this a matter of zoning? Assistant City Attorney Clark Askins stated that this is not a use variance but rather a special exception request to all for a building expansion with a non-conforming use. Chester Pool asked if the applicant had enough room for the building and if permits would need to be approved. Rod Rothermel said that the size of the lot will dictate the allowable size of the building and that they would need to apply for permit approvals. Motion by Chester Pool to approve Special Exception Request 16-94000001, a request by Mark Hutfless for the tract of land located at 201 N. 18th Street, legally described as Lots 17-32 and the east 75'of Lots 1-16 Block 691 Town of La Porte Subdivision.The applicant is seeking approval of a special exception that would allow his company(Imreys)to expand a preexisting non-conforming use. Second by Dennis Oian. Motion Carried. Ayes: Rod Rothermel,T.J.Walker, Chester Pool and Dennis Oian 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 will be held to consider Special Exception Request 16-94000002,a request by Wayne Vinson for the tract of land located at 801 N. 16th Street, legally described as Tracts A&1A of Block 1 Nebraska Syndicate.The applicant is seeking approval of a special exception that would allow his company(Lhoist)to expand a preexisting non-conforming use. Chairman Rothermel opened the public hearing at 6:48. a. Staff Presentation Planning Tech. Cramer presented staff's report for special exception request 16- 94000002. The applicant is requesting to expand an existing non-conforming use on his property. The use will be in a new structure proposed for the site and will expand overall production on site. b. Applicant Presentation Wayne Vinson,752 CR 6512, Dayton,Texas,told the Board that the facility has been there since 1984. The product is a lime slurry that is not hazardous. The expansion on site will allow them to expand overall production and produce a higher quality product. Rod Rothermel asked why this was a non-conforming situation? Planning Tech. Cramer stated that the use was classified as Heavy Industrial(HI)while the property is zoned Light Industrial (LI). c. Public Comments There were no public comments. Chairman Rothermel closed the public hearing at 6:52 PM. d. Question and Answer None Motion by Ti Walker to approve Special Exception Request 16-94000002, a request by Wayne Vinson for the tract of land located at 801 N. 16th Street, legally described as Tracts A& 1A of Block 1 Nebraska Syndicate.The applicant is seeking approval of a special exception that would allow his company (Lhoist)to expand a preexisting non-conforming use. Second by Chester Pool. Motion Carried. Ayes: Rod Rothermel,T.J.Walker, Chester Pool and Dennis Dian Nays: None Assistant City Attorney Clark Askins read from Section 106-196 of the Code of Ordinances: Appeals from the Board of Adjustment. 9. A public hearing to receive public input on Special Exception Request 16-94000003, a request by Charles Anders for the tract of land legally described as Lot 1 of Block 15 Sylvan Beach Subdivision.The applicant is seeking approval of a special exception that would allow his company to build a house with a side setback of 5' instead of the required 10'from street right-of-ways. Chairman Rothermel opened the public hearing at 6:53. a. Staff Presentation Planning Tech. Cramer presented staff's report for special exception request 16- 94000003. The applicant is requesting to build a home on a corner lot with a side setback of five (5) feet as opposed to the required ten (10)feet. b. Applicant Presentation Applicant was not present. c. Public Comments There were no public comments. Chairman Rothermel closed the public hearing at 6:56 PM. d. Question and Answer Chester Pool stated that he did not see how granting this would create any type of traffic hazard due to less visibility. Rod Rothermel agreed. Motion by Dennis Oian to approve Special Exception Request 16-94000003, a request by Charles Anders for the tract of land legally described as Lot 1 of Block 15 Sylvan Beach Subdivision.The applicant is seeking approval of a special exception that would allow his company to build a house with a side setback of 5' instead of the required 10'from street right-of-ways. Second by Chester Pool. Motion Carried. Ayes: Rod Rothermel,T.J. Walker,Chester Pool and Dennis Oian Nays: None Assistant City Attorney Clark Askins read from Section 106-196 of the Code of Ordinances: Appeals from the Board of Adjustment. 10. Administrative Reports Planning Tech. Ryan Cramer introduced new City Planner, Ian Clowes. 11. Board comments on matters appearing on the agenda or inquiry of staff regarding specific factual information or existing policy. Rod Rothermel asked that a message be passed onto council to work on an absentee policy for the ZBOA. 12. Adjourn Motion by Chester Pool to adjourn. Second by T.J. Walker. Motion Carried. Ayes: Rod Rothermel,T.J.Walker,Chester Pool and Dennis Oian Nays: None Chairman Rothermel adjourned the meeting at 7:05 p.m. Respectfully submitted, lan owes Secretary, Zoning Board ofAAdjj/u(sttme1n Passed and Approved on '^`'` °` , 2017. Rod Rothermel Chairman, Zoning Board of Adjustment