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J <br />• <br />VARIANCE REQUEST #V90-001 <br />• <br />REQUESTED FOR: Sections I and III; Fairmont Park East <br />Subdivision <br />LOCATION AND <br />LEGAL DESCRIPTION: See Exhibits A and B <br />REQUESTED RELIEF: Three (3) foot variance to the three (3) <br />foot residential sideyard setback <br />requirements of Section 5-700, Table B <br />footnote #3 of Ordinance 1501. <br />ZONING: R-1, Low Density Residential (See <br />Exhibit C). <br />REQUESTED BY: Mr. Decker Mc Kim on behalf of Fairmont <br />Park Joint Venture. <br />BACKGROUND: <br />The Fairmont Park East Subdivision is located east of "Old" <br />• Fairmont Park, between West Main Street (Spencer Highway) and <br />West Fairmont Parkway (See Exhibit C). After receiving approval <br />by the City of La Porte, the Section I subdivision plat was <br />recorded by the Harris County Clerk's office on January 20, 1982. <br />The Section III plat was recorded on May 25, 1985. Both of these <br />recordings took place prior to the adoption of Zoning Ordinance <br />1501 (adopted January 1987) and Development Ordinance 1444 <br />(adopted June 1985). <br />The sole homebuilder in Fairmont Park East is General Homes <br />Corporation. All lots within the subdivision are designed and <br />laid out to accommodate typical General Homes floor plans. In <br />order to achieve maximum property usage, the lot widths were set <br />to allow for minimum sideyard setbacks between homes. <br />At the time during which the City reviewed and approved <br />Sections I and III ~of.the subdivision, subdivision development <br />was regulated by Zoning Ordinance 780 and "Subdivision" Ordinance <br />705. As neither ordinance required any setback adjacent to <br />sideyard utility easements, the five (5) and ten (10)_foot HL&P <br />utility easements contained on several lots were used by the <br />developer to provide the required five (5) foot sideyard setback. <br />(See Exhibit B). <br />• <br />