10-23-1986 Regular Meeting ZBOA - Laserfiche WebLink

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. CITY OF LA PORTE INTER OFFICE MEMORANDUM SUBJECT: Planning &/~ning Mark Lewi~ Special exception Creekview Board of Adjustments TO: FROM: request by Michael & Laura Heinzen for 4921 DATE: October 20, 1986 This request is for a special exception to the residential yard set back requirements for City ordinance 780. Under the terms of this ordinance, the Board of Adjustments may grant a special exception under the following conditions. Section 16-201 (1): [The Board may] permit such modifications of the height, yard area, spacing and parking regulations as may be necessary to secure appropriate development of a parcel of land of such unusual topography or restricted area and shape that it cannot be appropriately developed without such modification. The Heinzen's have installed a hot tub and built a gazebo to cover it. They had this work done without first checking with the City and securing a permit. As they are presently located the hot tub and gazebo encroach into a required side yard set back area. Yard set backs are regulated by Section 13-204 (2) of Ordinance 780-RR. Side yard: the side yard shall have a minimum width of five (5) feet... An accessory building in a rear yard shall not be closer than three feet to a side lot line. Since they are not tied to the house which is the primary structure on the property, the hot tub and gazebo are considered as an accessory structure. The closest side wall of the hot tub is located 34 inches from the side property line. The support posts for the gazebo are located 22 inches from the same property line. This is a clear encroachment into a required yard area.