05-25-1989 Public Hearing and Regular Meeting

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® • ® APPEAL TO THE ENFORCING OFFICER'S DECISION Appeal ~A89-00~ Requested for: 1023 Hackberry (See Exhibit A) Legal Description: Blk 10; Lot 4; Shady River, Sect III Requested Bv: .. ~~Wil~liam Herrick, Owner Background• On may 25, 1989, the City of La Porte rejected a building permit application from Mr. William Herrick (See Exhibits B & C). The permit, for construction of a new single family home, was rejected for failure to meet the rear setback requirements of the zoning ordinance. Section 5-700, Table B of the ordinance requires rear yard setback of fifteen (15) feet. As originally proposed, a two car garage was to be attached to the house by means of a covered patio/breezeway (See Exhibit D). There is a five (5) foot utility easement located at the rear of this property. The garage was to abutt this utility easement. Mr. Herrick believes the City is misinterpreting the zoning ordinance by considering the garage and patio to be part of the primary structure and therefore subject to the fifteen (15) foot rear setback requirement. He contends that the garage/patio should be considered as a detached accessory structure. Detached accessory structures only reouire a rear setback of three (3) feet and may be located immediately adjacent to utility easements. Mr. Herrick also contends that under the guidelines of the Standard Building Code, the .garage/patio should be considered as detached. Analysis• In answering Mr. Herrick's points of contention, the Standard Building Code will be considered first. Mr. Herrick is apparently referring to Section 412.4 of the code. This section which deals with private 'garages, specifies requirements for fire wall separation between attached garages and the remaining portions of a building. This section does not seek to distinguish between attached and.; detached garages and is in any case irrelevant as this appeal is to interpretation of zoning requirements and. not to Building Code ® provisions.