04-22-2004 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment

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; <1 . Zoning Board 'of Adjustment Minutes of April 22, 2004 Page 2 . standard front yard setback as shown on the attached drawing. Conditions of approval are as follows: 1. Special Exception- shall not conflict with the maintenance of public utilities located within the property. . . 2. A ten-foot (10') utility easement shall be granted to the City along 8th Street & "C" Street right- 'of-way. 3. Fence shall not be sight bearing so as not to create any visibility concern for the safety and welfare of the general public and motorists. . (25' x 25' visibility triangle from the edge of the street.) . Second by Charles Schoppe. The motion carried. Ayes: Nays: . Abstain: ' Capen, Schoppe, Maltsberger, Legrand, and Gr~nt . None, None 4. CONSIDER SPECIAL EXCEPTION REQUEST #SE04-006 FOR 3118 FONDREN AVE., FURTHER DESCRIBED BY THE HARRIS COUNTY APPRAISAL DISTRicT AS VOL. 8, PG 65, H.C.M.R., OUT OF tHE W.P. HARRIS SURVEY, A-5, BLOCK 20, LOT 2, PART OF LOT 3, AND. THE SOUTH %. OF' ABANDONED STREET, BAYSIDE TERRACE' SUBDIVISION LA PORTE, HARRIS COUNTY, TEXAS. THE APPLICANT, RICH RODE CONSTRUCTION ON BEHALF 9F DEOBRA SPRADLIN, SEEKS TO DEVIATE FROM THE FRONT AND. REAR 'YARD SETBACK REQUIREMENTS IN ACCORDANCE WITH SECTION 106-191 (B)(2)(A&B) . OF TI:IE CODE OF ORDINANCES. ' A. STAFF PRESENTATION Mr. Finan presented staffs report for Special Exception Request #SE04-006. The applicant, Rich Rode Construction, on behalf of D~obra Spradlin, ha~ requested an . exception for property located at 3118 Fondren Ave. The house is situated on an irregular" shaped lot and is a pre-existing "double fronted" lot, fronting on both Hamilton Ave. and Fondren Ave. The northwest corner of the house sits on the building setback line and a portion of the house already protrudes into the northeast building line on the portion of property that ,tapers off to the north. The applicant has requested an exception to the standard front and rear yard setback requirements in order to qonstruct a, porch on the northern side fiVe;! feet into the Fondren Ave. setback (matching the current side of the house) and to enlarge the existing southwest portion of the house approximately 19 feet into setback from HaJ11i1ton Ave. Public hearing notices were mailed to 16 nearby property owners. One response was received in favor and none in opposition. B. PROPONENTS Chairperson Grant swore in Rich Rode, of Rich Rode Construction, 2211 Catalina, . Pasadena, TX. Mr. Rode noted the applicant want~ to extend: out 10 feet for a kitchen. Mr. Rode presented a drawing sealed by Surveyor John P. Horn. C. OPPONENTS Ms. Spence, previously sworn in, believes the corner of the property with the garage, is on her property. She showed a survey from a consulting engineer indicating such. Mr. Legrand questioned the City's liability if ownership is uncertain. Attorney Clark Askins stated the Board shoul~ only rule on the request for the porch and kitchen for the house.