10-24-2002 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment

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Staff Report November 20, 2002 Variance Request #V02-002 Requested bv: Mr. William Helm representing First National Bank of Bellaire. Requested for: Waiver from the City's 180-unit maximum for multi-family complexes Location: ~ ~ Luella at Fairmont Pazkway - 22.355 acres in the William M: Jones . ~ Survey, Abstract No. 402, Harris County ' Zoning: High Density Residential 3 (R 3) 20.355 acres and General Commercial (GC) 2 acres . Background: The project is proposed on approximately 20 acres zoned R-3. The boundaries of the property are. Luella on the west, Venture Lane on the north, Willow Spring Gully on the . east, and on Fairmont Parkway on the south. (See Exhibit A.) Two hundred units aze proposed~giving the project a density of ten (10) units per acre. On June 2002, Mr. Helm inquired about the development and zoning regulations for multi-family units. Staff informed Mr. Helm that City Council placed a moratorium on the construction of mid to high density residential development to create new regulations. On October 14, 2002, Council adopted Ordinance 1501-XX. Among the new regulations established was a 180-unit maximum on all multi-family. complexes. This change is found in Section 106-333 Table B. (See Exhibit B) On October 18, 2002, Mr. Helm met with Staff and presented a conceptual rendering of the proposed 200-unit development. (See Exhibit C.) This proposed build-out exceeds the City's 180-unit maximum. ~ . Citing Section 106-192 B (2) b, the applicant is seeking a variance from the 180-unit maximum. As an attachment to his application, Mr. Helm notes several major hardships that affect the property. First, "a lot of the land is in flood zone AE and is unusable; a higher density is needed in the area that is useable." The applicanrt also noted that the requirement that the 3-story buildings be built away from the adjacent residential subdivision poises another hazdship. To keep the density that the development needs, the applicant believes he must build 20 additional units. This will give the complex approximately 10.4 units per acre, which is below the required 14 units. Mr. Helm also noted that securing a "strong" financial institution could be .difficult which could ultimately affect the maintenance of the property. Finally, the increase in the number of units will allow a better unit mix. Analysis: Section 106-192 B (1), in the Code of Ordinances, defines a variance as deviation from the literal provisions of the chapter which is granted by the Board when strict conformity to the chapter. would cause an unnecessary hardship because of the circumstances . unique to the property on which the variance is granteaC 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. ~ .