O-2005-1501-LLLL 40% lot coverage

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RE~ST FOR CITY COUNCIL AWNDA ITEM Agenda Da.. Reques'ed::if125. 2005 Requested By: Wavne 5d / Department: Plannine Aoorooriation: N/A Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: Report: _Resolution: _Ordinance: X Exhibits: Ordinance P&Z staff report SUMMARY & RECOMMENDATION The City's Zoning Board of Adjustment (ZBOA) had several hearings for variances to the maximum lot coverage rule as stated in the Zoning Ordinance and there are several cases pending to date. At issue are houses that are built close to, or at the maximum allowable lot coverage (40%) leaving little or no room for patio covers, accessory buildings, sheds, etc. These homes are built with uncovered patio slabs that homeowners, eventually, desire to cover in order to gain maximum use and value of their homes. Covering the patios with a roof adds to the square footage of cover for the lot and inevitably pushes the house beyond the 40% threshold. The Board, in most cases, has authorized the variances. Staff analyzed the situation with all of the pending cases to determine an equitable way to possibly alter the zoning criteria to maintain the intent of the ordinance while alleviating the need for the Board to hear additional cases for variances. The City's Public Improvement Criteria Manual (PICM) uses a 55% coverage factor for drainage. The criteria, however, take into account the roofed structures and all impervious cover created by driveways, carports, sidewalks and slabs. Applying these criteria alone to pending cases did not resolve the issue in that all properties remained in violation of roof coverage requirements. Staff looked for other possible avenues and considered elevating the coverage criteria to a higher percentage of the lot. But, it is anticipated that builders would tend to simply construct the homes to a larger size thereby presenting the same challenges. The International Residential Code exempts a detached accessory structure of not more than 200 S.F. from permit requirements. Placement issues, however, does require the City of La Porte to require a permit regardless of size. The City could choose to exempt this type of structure from the 40% lot coverage rule and leave the maximum 25% rear yard coverage requirement without adversely affecting the open area. Drainage requirements are not changed by this proposal in that imperious cover remains the same. Patio Covers are a major issue for the most homeowners. To solve the issue of coverage, Staff recommends exempting from the 40% rule patio covers of up to 900 S.F. This will allow the City to limit the total square feet of the primary structure and still be sensitive to the needs of the citizens. The Planning and Zoning Commission, at their meeting on March 17, 2005, voted unanimously to recommend City Council amending the Code of Ordinances Chapter 106, Section 106-333, Table B, Residential Area Requirements for changing the maximum lot coverage of 40% for single-family dwellings. Action Required bv Council: 1. Conduct public hearing. 2. Consider taking action on recommendation for approval by P&Z on Zoning Ordinance amendments related to the Maximum Lot Coverage of 40% for single-family dwellings. Approved for City Council Ae:enda D~~~~t~ ~ .2lJ-iJ~ Date