06-27-13 Zoning Board of Adjustment Meeting

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Staff Report June 27, 2013 Variance Request # 13-93000002 Requested by: Oakland Land & Development, LLC (represented by Bill Campbell) Requested for: A perimeter fence constructed within the front yard setback Location: 1801 West M Street, TRS 3 & A, Block 1176; Town of La Porte, Johnson Hunter Survey, Abstract 35, LaPorte, Harris County, Texas. Zoning: Light Industrial (LI) Background: Applicant is requesting a variance to allow a newly constructed fence within the front yard setback to remain in place. Total developed site area of the subject tract is 130,400 square feet with a lay down yard and storage facility. The property is zoned Light Industrial (LI) and the City's Code of Ordinances prohibit a fence being erected within the required front yard setback of any commercial or industrial zoning districts. Last year, the City approved a development site plan for a proposed storage yard for Oakland Land and Development Co. The development site plan shows a 130,400 sq. ft. of improved area to be used as a storage yard to the west of an office/warehouse located at 1410 South le Street. Landscaping is shown along front (West M Street) and side property lines. The building setbacks in LI zone are Front 20', Rear 10', and Sides 10'. During the planning process, the applicant proposes a fence for this property, which is shown at 20' setback from the front property line. This variance request is for a waiver of the standard front yard setback requirement in order to allow a fence constructed on the front property line along West M Street. According to the applicant, a front yard fence was built in confusion as the property pins were difficult to locate. In addition, it was placed in line with the adjacent property to the east. It further adds that there is no building on premises so it leaves approximately 6,000 sq. ft. of space unusable and unsecured by the occupant/tenant. A fence is desired for security and safety reasons as well. The City's Code of Ordinances, Section 106-797(2), prohibits a fence being erected within the required 20' front yard setback in the commercial and industrial zoning districts. Staff analyzed the surrounding area and based upon site inspections, the following considerations are noted: • A storage/warehouse building at 200 S. le Street has an existing fence along S. 17t' Street.