05-22-2003 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment

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Staff Report ~ July 24, 2~3 Variance Request #V03-002 Requested bv: ~ W. Allen & Ligia Moses (Property Owners) Requested for: Lot 12 & E: '/z of Lot 11; Oak Grove AND Tract 7; Abst. 35; J. Horner Survey. I:ocation: 941 Oak Grove Avenue Zoning: ~ Low Density Residernial (R 1) and Mid-Density Residential (R 2) Baclg*round: ~ According to the City's currern zoning map approved on March 24, 2003, the property in question is located within two zoning classifications. The portion of land located within the Oak Grove Block is zoned as Low Density Residential (R 1) while the tract located . in the J. Horner Survey is zoned as Mid Density Residernial (R 2). The construction of a single-family dwelling is a "permitted" use in each zone. (See Exhibit A). The applicant has submitted Variance request #V03-002 which asks for relief from the standard rear yard setback and standard designated conservation area. The request is based on his desire to construct asingle-family dwelling. Unfortunately, due to property size, the reduction in these two area requiremerns alone would not enable a home to be built. Staff has prepared an exhibit to identify the various issues. (See Exhibit B) .Therefore, while consideration is given to this request, the Zoning Board of Adjustment (ZBOA) also needs to note that they are being asked to consider a second property request (special exception) as well. Approval of each request will be necessary to make the proposed project `liable". Staff has included a copy of Table B; Residernial Area Requirements and Footnote (2) that idernify the standard 15' rear yard setback and minimum 20' landscape setback from the conservation area (See Exhibit C) In addition, the definition of a conservation area has been provided as well. (See Exhibit D). In accordance with Section -106-192(b~2)(b), the applicarn is asking the ZBOA to grant relief to ~ the "unnecessary hardship" resulting from -the shallowness, creek and conservation area unique to this property. The application submittal did not include a site plan showing the location of the proposed home nor did it include ~a request for "specific" reductions. Therefore, if the applicant's request is grarned, the ZBOA will be determining the deviated or "reduced" requirements they feel is appropriate.