04-28-11 Zoning Board of Adjustment

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Staff Report April 28, 2011 Variance Request #11-93000002 Requested by: Mr. Kenneth R. McCurry (Property Owner) Requested for: Lot 24, Block 12, Fairmont Park East Section 2, William M. Jones Survey, Abstract 482, LaPorte, Harris County, Texas. Location: 10804 Mesquite Drive Zoning: Low Density Residential (R-1) Background: Per the HCAD records, this property is 6,900 S. F. The primary residence is 2,132 S. F. with an existing roofed house area of 1368 S.F. There is an existing pool and cool deck in the back of the house. The total impervious coverage with concrete, decking, and house under roof equals 3,890 S. F. or 56.3% impervious cover factor. The pool with cool deck was constructed without issuance of a City permit. Per City Ordinance 106-333 Table B, the maximum allowable lot coverage for a single family detached dwelling unit is 40% for this type of lot. Several years ago, the City approved an ordinance to allow patio cover of up to 900 sq. ft and accessory building of 200 sq. ft. exempted from 40% lot coverage for single-family detached. However, the impervious cover factor of 55% for the total site for drainage purposes remains intact. Recently, the applicant has added more concrete to an existing driveway and extended it all the way to the back up to the pool decking. With this move, an existing coverage for the subject lot equals 3,890 sq. ft. (56.3%) or 95 sq. ft. over the maximum allowable of 3,795 sq.ft. (55%). To be in compliance with the City ordinances, existing impervious/concrete would have to be reduced by 95 sq. ft. This variance requests seeks to allow the current impervious coverage of 3,890 sq. ft. to remain in place. The owner states that excess coverage was not intentional and it would be expensive to saw cut and j ackhammer out reinforced concrete. The City is working diligently to mitigate any adverse impact of flooding in town. Several drainage projects including one in the Fairmont Park East subdivision are underway at this time. The City's Public Improvement Criteria Manual allows impervious factor of 55% for total site drainage. In this case, an additional impervious coverage may impact to an outfall and capacity of the storm sewer in the area. Analysis: Section 106-192(b)(1), in the Code of Ordinances, defines a variance as a deviation from the literal provisions of the chapter, which is granted by the Board when strict cogf)r'iuiry to the chapter irould cause an unnecessary hardship because of the cir'culustances unique to the property on irhich the variance is granted Section 106-1 defines lot coverage as "...the area under roof on any given lot."