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HomeMy WebLinkAbout02-25-2014 REGULAR MEETING City of Port Arthur Zoning Board of Adjustment Public Hearing February 25 2014 Planning Department City of New 1 P. O. Box 1089 % , t Port Arthur, Texas 77640 4 (409) 983 -8135 o r t r t { tt � (409) 983 -8137 fax T paplannin (aportarthunnet 4' 4 _ CITY OF PORT ARTHUR (a> of . V , ZONING BOARD OF ADJUSTMENTS P.O. Box 1089 - nri rilrr Port Arthur, TX 77641 -1089 Office: 409 - 983 -8135 Fax: 409 - 983 -8137 TO: City of Port Arthur Zoning Board of Adjustment Members FROM: Ronald Burton, Director of Development Services DATE: February 17, 2014 SUBJECT: February 25, 2014 - Zoning Board of Adjustments Meeting The Port Arthur Zoning Board of Adjustments will meet in regular session at 5:30 p.m., Tuesday, February 25, 2014, in the Fifth Floor Conference Room of the City Hall. The February 25, 2014 agenda contains two agenda item. Please make every effort to attend so that we may have a quorum. If for some reason you cannot attend, please contact the Planning Division at 983 -8135. Enclosure Cc: John Comeaux, Interim City Manager Lawrence Baker, Director of Community Services John Tomplait, Assistant Director of Utility Operations Mark Mulliner, Fire Marshall Paul Washburn, Assistant Fire Marshall Derrick Holland, Senior Engineering Technician DELORIS "BOBBIE" PRINCE, MAYOR JOHN A. COMEAUX, P.E. ROBERT E. WILLIAMSON, MAYOR PRO TEM -' INTERIM CITY MANAGER J'8Y City of Cit COUNCIL MEMBERS: ,10 RAYMOND SCOTT, JR. � VALECIA "VAL" TIZENO ELIZABETH "LIZ" SEGLER - 1r CITY ATTORNEY ort MORRIS ALBRIGHT, III rthur ROBERT TROY Texas WILLIE "BAE" LEWIS, JR. SHERRI BELLARD DERRICK FREEMAN CITY SECRETARY KERRY "TWIN" THOMAS AGENDA ZONING BOARD OF ADJUSTMENT FIFTH FLOOR CONFERENCE ROOM, CITY HALL TUESDAY, FEBRUARY 25, 2014, 5:30 P.M. NOTICE OF TIME, PLACE AND SUBJECT OF A REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT AND APPEALS OF THE CITY OF PORT ARTHUR. NOTICE IS HEREBY GIVEN, PURSUANT TO SECTION 211.008 -014, LOCAL GOVERNMENT CODE, AND SECTION 25 OF THE CITY CODE - THAT A REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF PORT ARTHUR, TEXAS WILL BE HELD ON TUESDAY, FEBRUARY 25, 2014 AT 5:30 P.M. AT CITY HALL, COUNCIL CHAMBER, 5TH FLOOR, 444 FOURTH STREET, PORT ARTHUR, TEXAS. I. CALL TO ORDER II. ROLL CALL PUBLIC HEARING III. VARIANCE REQUESTED FOR A. B14 -01 B. B14 -02 REGULAR MEETING IV. MINUTES A. November 21, 2013 V. STAFF REPORT VI. ADJOURNMENT .� RONALD : RTON, DIRECTOR OF DEVELOPMENT SERVICES POSTED ON THIS 19TH DAY OF FEBR _ • RY 20 14 AT 12:00 P.M. / REMOVED ON THIS DAY OF , 20 , BY: P.O. BOX 1089 • PORT ARTHUR, TEXAS 77641 -1089 • 409/983 -8100 INTEROFFICE MEMORANDUM TO: THE CITY OF PORT ARTHUR - ZONING BOARD OF ADJUSTMENT FROM: RONALD BURTON, DIRECTOR OF DEVELOPMENT SERVICES SUBJECT: B14 -01 - VARIANCE REQUESTED FOR - 2810 5TH STREET [A.K.A. W Y2 OF LOT 4 AND E Y2 OF LOT 5, BLOCK 169], CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS DATE: 02/17/2013 BACKGROUND: The Zoning Board of Adjustment is being asked to consider a variance request for the following: Property Address: 2810 5th Street, Port Arthur, TX 77640 Property Location: south of 5th Street and west of Woodworth Boulevard. Current Lot Size: 37.5' X 140' (Width /Depth) Minimum Required Lot 50' X 100' (Width /Depth) Size: Variance Requested For: 12.5' deficiency of Lot width Zoning: "MF" Multi - Family New Construction of Residential Home under the Purpose of Variance: Hurricane IKE Disaster Recovery Program - Round 2. On Friday, February 14, 2014, eighteen (18) notices were mailed to adjacent property owners within a 200 ft. radius and the public notice was published in the Port Arthur News on Thursday, February 13, 2014, more than ten (10) days prior to the ZBA public hearing scheduled for February 25, 2014. Owner /Applicant - Van Thanh "Lucky" Ngo Surveyor /Engineer - Carter Land Surveyors and Planners RECOMMENDATION: Planning Staff recommends approval of this request, due to an unnecessary hardship. The proposed structure will fit on the property with the required setbacks. The granting of a variance will allow for a deviation from the required 50 ft. frontage stipulated in a multi- family zoned district to 37.5 ft. allowing the property owner to rebuild on this legally non- conforming lot. BUDGETARY /FISCAL EFFECT: None STAFFING /EMPLOYEE EFFECT: None SUMMARY: Planning staff recommends approval of this variance. 7 GENERAL NOTES 1. THIS PROPERTY IS SUBJECT TO ADDITIONAL EASEMENTS OR RESTRICTIONS OF RECORD. 2. THIS PLAT IS FOR EXCLUSIVE USE BY CLIENT. USE BY THIRD PARTIES IS AT THEIR OWN RISK. 3. DIMENSIONS FROM HOUSE TO PROPERTY LINES SHOULD NOT BE USED TO ESTABLISH FENCES. 4. THIS PLAT HAS BEEN CALCULATED FOR CLOSURE AND IS FOUND TO BE ACCURATE WITHIN ONE FOOT IN 10,000 FEET. 5. THE FIELD DATA UPON WHICH THIS PLAT IS BASED HAS A CLOSURE PRECISION OF ONE FOOT IN 10,000 FEET AND AN ANGULAR ERROR OF 7 SECONDS PER ANGLE POINT AND WAS ADJUSTED USING THE COMPASS RULE. 6. EQUIPMENT USED: TOPCON APLI TOTAL ROBOTIC STATION. SCALE: 1" = 30' 30' 0' 30' CHIC — FEET 1 ..i rl / kii AREA: 5,398 SF "' 0.12 ACRES MAP VOL. 1, PAGE 50 S , 4'‘' c ( - yy ‘f101 ty N. ° R, / , 4I A8 .9...>, 4 F. 4 � I p J4 . . O a o I' ' C4.t O y \ � ,<,' p � � Py � Q� , S e . ?. - / 0 PP \ l rt O \ ` , s / 5 � v.Q7, .O . .. \��, .. ti\ a a O , ��, • a LEGEND: y 0 RIBS Rebar Set WM vv � REF- Rebar Found �N, Q+ OTF- Open Top Pipe Found O CIF- Crimp Top Pipe Found s.2.# y EL- Building Line h� / DE- Drainage Easement a SSE- Sanitary Sewer Easement / P - Porch 11E- Utitlty Easement o PP- Power pole FP- Fence Post CC PP WM- Water Meter GM- Gas Meter -P- Power Line -X- Fence -D- Drainage Easement -S- Sewer Easement CB Catch Basin OWNER: LUCKY NGO (APP. # SET204232) R/W Right of Way CONC Concrete ADDRESS: 2810 5TH STREET Dk- Deck GOVERNING AUTHORITY: CITY OF PORT ARTHUR Pat- Patio 5- Stoop IN MY OPINION, THIS PLAT IS A CORRECT REPRESENTATION OF THE LAND PLATTED AND HAS BEEN PREPARED WITHIN BM- Benchmark THE MINIMUM STANDARDS AND REQUIREMENTS OF LAW. SURVEY FOR: CARTER LAND SURVEYORS S.E. TEXAS REGIONAL AND PLANNERS '40. , Ea D 4,, , PLANNING COMMISSION 2780 Peachtree Industrial Boulevard / i / • SUBDIVISION: CITY OF PORT ARTHUR Duluth, GA 30097 i' LOT: PART OF 4 & 5 BLOCK 169 Ph: 770.495.9793 Vitli n f. `s ';311111110% CITY OF PORT ARTHUR Toll Free: 866.637.1048 7IY �'r r r P JEFFERSON COUNTY, TEXAS www.carterland.com o90 00 P. FIELD WORK DATE: 01 /27/2014 Atlanta • Charlotte • Houston • Dallas 4.0 s upvtto 2014010596 SETRPC URS Galveston •Beaumont ilfPil S:\SU \Texas \2014 \14010596.dwg,1:30 hp 2 O �� ^� SX31'N(1V39 o il. ,.,,,, • . ,V 1N0 X31 . 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LOT 4, BLOCK 57], CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS DATE: 02/17/2013 BACKGROUND: The Zoning Board of Adjustment is being asked to consider a variance request for the following: Property Address: 1401 9th Street, Port Arthur, TX 77640 Property Location: northeast corner of 9th Street and Nashville Avenue. Current Lot Size: 40' X 140' (Width /Depth) Minimum Required Lot 50' X 100' (Width /Depth) Size: Variance Requested For: 10' deficiency of Lot width Zoning: "MF" Multi- Family Purpose of Variance: New Construction of Residential Home under the Hurricane IKE Disaster Recovery Program - Round 2. On Friday, February 14, 2014, twenty -three (23) notices were mailed to adjacent property owners within a 200 ft. radius and the public notice was published in the Port Arthur News on Thursday, February 13, 2014, more than ten (10) days prior to the ZBA public hearing scheduled for February 25, 2014. Owner /Applicant - Alice Jackson Surveyor /Engineer - Carter Land Surveyors and Planners RECOMMENDATION: Planning Staff recommends approval of this request, due to an unnecessary hardship. The proposed structure will fit on the property with the required setbacks. The granting of a variance will allow for a deviation from the required 50 ft. frontage stipulated in a multi- family zoned district to 40 ft. allowing the property owner to rebuild on this legally non- conforming lot. BUDGETARY /FISCAL EFFECT: None STAFFING /EMPLOYEE EFFECT: None SUMMARY: Planning staff recommends approval of this variance. 2 GENERAL NOTES 1. THIS PROPERTY IS SUBJECT TO ADDITIONAL EASEMENTS OR RESTRICTIONS OF RECORD. 2. THIS PLAT IS FOR EXCLUSIVE USE BY CLIENT. USE BY THIRD PARTIES IS AT THEIR OWN RISK. 3. DIMENSIONS FROM HOUSE TO PROPERTY LINES SHOULD NOT BE USED TO ESTABLISH FENCES. 4. THIS PLAT HAS BEEN CALCULATED FOR CLOSURE AND IS FOUND TO BE ACCURATE WITHIN ONE FOOT IN 10,000 FEET. 5. THE FIELD DATA UPON WHICH THIS PLAT IS BASED HAS A CLOSURE PRECISION OF ONE FOOT IN 10,000 FEET AND AN ANGULAR ERROR OF 7 SECONDS PER ANGLE POINT AND WAS ADJUSTED USING THE COMPASS RULE. 6. EQUIPMENT USED: TOPCON APLI TOTAL ROBOTIC STATION. SCALE: 1" = 30' 30' 0' 30' N / MHIC SIT FEET I c g a a AREA: 5,600 SF — 0.13 ACRES V Cc� a / MAP VOL. 1, PAGE 50 /k a ti REVISION# DATE REVISION A ∎ :. �� P• . 1 12 -6 -2013 REVISED Bt. ON NASHVILLE LN I N �p / M0 F� A et o s O " \ Q 9a e e l 2 • ` F 1 A O tiQ92 se .. 4III •$p S )(y.,,, " N ,e, lip • 0 � \ Q / ti . o 9/..„ � �� � e` e �o ti G, 5 No LEGEND: zs • <,0 RBS Reber Set RBF- Rebar Found OTT- Open Top Pipe Found CIF- Crimp Top Pipe Found BL- Building Line DE- Drainage Easement SSE- Sanitary Sewer Easement P- Porch UE- Utility Easement PP- Power pole FP- Fence Post WM- Water Meter GM- Gas Meter -P- Power Line -X- Fence -D- Drainage Easement -S- Sewer Easement CB Catch Basin OWNER: ALICE JACKSON (APP. # SET204160) STM STR Storm Structure ADDRESS: 1401 E 9TH STREET RAW Right of Way GOVERNING AUTHORITY: CITY OF PORT ARTHUR CONC. Concrete Dk- Deck Pat- Patio S- Stoop IN MY OPINION, THIS PLAT IS A CORRECT REPRESENTATION OF THE LAND PLATTED AND HAS BEEN PREPARED WITHIN BM- Benchmark THE MINIMUM STANDARDS AND REQUIREMENTS OF LAW. SURVEY FOR: CARTER LAND SURVEYORS = F r SOUTH EAST TEXAS AND PLANNERS y .0. 4,, TE Eo qi/: REGIONAL PLANNING 2780 Peachtree Industrial Boulevard i i7� SUBDIVISION: CITY OF PORT ARTHUR UR Duluth, GA 30097 i ,G, LOT: 4 BLOCK: 57 Ph: 770.495.9793 1,47I14 ZCTi11 CITY OF PORT ARTHUR Toll Free: 866.637.1048 \7P ,� JEFFERSON COUNTY, TEXAS ! www.carterland.com /.� e ,o••` O P, FIELD WORK DATE: 07!26/2013 Atlanta • Charlotte • Houston • Dallas \ ryo s u t i E 2 013070724 (SETRP) Galveston • Beaumont "_w g-64-5 L_ s o V* o Yy' " ° . 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CITY HALL - 5TH FLOOR COUNCIL CHAMBERS Roll Call - Chairman, George Boutte, Jr. convened the meeting at 5:30 p.m. Commissioners present: John Clayton, Dr. Rosalind Queen, Rev. Donald R. A. Toussaint and Deral Segler were present to constitute the necessary quorum. Staff Members present: Ronald Burton, planning director, Paul Brown, senior planner and Pamela Langford, administrative aide II. B13 -01, B13 -02 AND B13 -03 (PUBLIC HEARING) A. B13 -02 - VARIANCE REQUESTED FOR - 1427 W. PROCTER STREET [A.K.A. LOT 26, BLOCK 12, ROOSEVELT ADDITION], CITY OF PORT ARTHUR, JEFFERSON COUNTY. TEXAS [PROPERTY LOCATED NORTH OF WEST PROCTER STREET AND WEST OF WELFORD AVENUE. Chairman Boutte introduced the above - mentioned variance request. Ronald Burton gave an overview of the above - mentioned request. The Board opened the meeting to hear from anyone present in the audience who wished to speak regarding the above - mentioned request: SPEAKING FOR: None SPEAKING AGAINST: None Upon the motion of D. Seglar, seconded by D. Toussaint and carried unanimously, the Zoning Board of Adjustments closed the Public Hearing. B. B13 -03 - VARIANCE REQUESTED FOR - 1033 WEST 5TH STREET [A.K.A. LOT 27, BLOCK 5, ROOSEVELT ADDITION]. CITY OF PORT ARTHUR, JEFFERSON COUNTY. TEXAS (PROPERTY LOCATED NORTH OF WEST 5TH STREET AND WEST OF DUNBAR AVENUE) Chairman Boutte introduced the above - mentioned variance request. Ronald Burton gave an overview of the above - mentioned request. The Board opened the meeting to hear from anyone present in the audience who wished to speak regarding the above - mentioned request: SPEAKING FOR: Jannetta Ned, 1033 W. 5th Street, Port Arthur, Texas 77640 Martha Parker, 1026 W. 5th Street, Port Arthur, TX 77640 SPEAKING AGAINST: None Upon the motion of J. Clayton, seconded by D. Segler /D. Toussaint and carried unanimously, the Zoning Board of Adjustments closed the Public Hearing. C. B13 -01 - REQUEST BEING MADE TO THE ZONING BOARD OF ADJUSTMENT TO - APPEAL THE DECISION BY THE CITY OF PORT ARTHUR CITY COUNCIL ON JULY 9, 2013, ORDINANCE NO. 13 -32, GRANTING THE PROPERTY LEGALLY DESCRIBED AS A 15.25 ACRE TRACT OF LAND OUT OF THE LAMBERT ADDITION SUBDIVISION, 3501 12TH STREET (FORMERLY EDISON MIDDLE SCHOOL). TO REZONE THE ABOVE PROPERTY FROM TWO - FAMILY (2F) TO PLANNED DEVELOPMENT DISTRICT NO. 36 (PD -36). Chairman G. Boutte introduced the above - mentioned request for repeal. Ronald Burton gave an overview of the above - mentioned request. The Board opened the meeting to hear from anyone /present in the audience who wished to speak regarding the above - mentioned request: REPRESENTATIVE (ON BEHALF OF CITY): L. Scott Bounds, Olson & Olson, LLP, Attorneys at Law, Wortham Tower, Suite 600, 2727 Allen Parkway, Houston, Texas 77019 SPEAKING FOR: Reginald Trainer, 3514 12th Street, Port Arthur, Texas 77642 Harold Doucet, Sr., 5810 Cambridge Avenue, Port Arthur, Texas 77640 William Terrell, 3330 12th Street, Port Arthur, Texas 77642 SPEAKING AGAINST: None Upon the motion of J. Clayton, seconded by D. Segler /D. Toussaint and carried unanimously, the Zoning Board of Adjustments closed the Public Hearing. III. REGULAR MEETING (MOTION REQUIRED) A. MOTION (B13 -02 AND B13 -03) Ronald Burton recommended that variance requests B13 -02 and B13 -03 be approved. The motion was made by J. Clayton, seconded by D. Toussaint to accept the Planning Staffs recommendation to approve variance requests R13 -02 and R13 -03. Voting Yes: All Voting No: None The motion was made by J. Clayton, seconded by Rev. D. Toussaint to accept the Planning Staffs recommendation to approve variance requests R13 -02 and R13 -03. B. MOTION (813 -01) L. Scott Bounds recommended that the request for repeal the decision made by the Port Arthur City Council to rezone property formally known as the "Edison Middle School" Tract be denied due to the Board not having the authority to undo City Council's decision and no permit application being on file in the Department of Code Enforcement. The motion was made by Dr. R. Queen, seconded by Rev. D. Toussaint to repeal the decision of the Port Arthur City Council to rezone. Abstain: G. Boutte, Jr. Voting Yes: J. Clayton; Rev. D. Toussaint; Dr. R. Queen; and D. Segler Voting No: None C. Minutes - January 19, 2012 D. Segler moved to accept the minutes of January 19, 2012; Dr. R. Queen seconded the motion. Vote: All Yeas - Motion Passed IV. Meeting Adjourned J. Clayton moved to adjourn the meeting; Dr. R. Queen seconded the motion, which passed unanimously. George Boutte, Jr., Ronald Burton, Chairman Secretary to the Commission Minutes Approved: