09-22-11 Zoning Board of Adjustment

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Staff Report September 22, 2011 Variance Request # 11-9300()09 Re€ uestecl b Barbara and Cletus Sheppard (Property O-vvHers) Reguesteed for: A two foot high deck with handicapped ranip exceeding one foot over the height limits in the front yard of Lot 12, Block 3, Sylvan Beach First Subdivision, La Porte, Harris County, Texas. Location: 217 Sylvan Street Zonis Low Density Residential (R-1) I3acicr oxrritd: Per the Harris County Appraisal District (fICAD) record, this residential single-family house was built in 1950 With land area. of 7,400 S. F. The primary residence is a one story frame house on blocks with a total living area of 1,1.96 S. F. Applicants are proposing a 15'x20' deck with handicapped ramp in front of the house. The deck will be located within 25' front building setback and will be built two foot high abode the height of the exterior finished grade elevation. Per the applicants, the reason for building higher is to have safe access in and out for a confined wheelchair person. As per Section 10 -771 of the Code of Ordinance, deck shall not extend more than one foot above the height of the exterior finish grade. Upon a request for building permit, it is found that the bottom part of the deck is one foot above the height limits and is not allowed by the ordinance. This variance request seeks to allow a two foot high deck with handicapped ramp to build in the front yard. The owners submitted specifications/ plans for a proposed deck and stated that a deck will be a finished out structure with all the trim work matching the house. In addition, it would serve as a safe access for a handicapped person in the house. Arla1 sis: Section 106-192(b)(1), in the Code of Ordinances, defines a vcarianc�e cos ce cle3�ication �°oara the literal provisions of the clualrter, which is gi-o► led by the Inc arfl it'hen strict coglbra dly to the clapper svoulrl cause cin unnece.ssai:y har(lship hecause of the circumstances unique to the l)roper•tjr on rt,hich the wiricancc is grcaavecl. Definition: In general, a deck is a flat surface capable of supporting weight, similar to a floor, but typically constructed outdoors, often elevated fron-► the ;ground, and usually connected to a building. Except as otherwise prohibited, the board is empowered to authorize a variance from a requirement when the board finds that all of: the following, conditions have been met. �,4 That the granting of the variance will not be contrary to the best public interest.