05-27-2004 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment

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Staff Report ~ ~ June 24, 2004 Variance ReQUest #V04-006. Requested bv: ~ Mr. Michael Dee Forrister (Property Owner) Requested for: Lot 15, Ike's Addition, Vol. 166, Pg. 87, H.C.M.R., La Porte, Hams County, Texas. Location: 1421 Lemon Way Zonin~i ~ Low Density Residential (R-1) Background: Lot 15 is 22,610 S.F. (+1/2 acre) located in the Lomax area and fronts in the west on Lemon Lane. This section of Lemon Lane has extended front yazd setbacks established by covenants (35'.), and the back yard setbacks are increased by a 30' Gulf Pipeline Easement. The lot also has greater width than depth. . ~ Per City ~ Code of Ordinances, Section 106-741 (a), no accessory buildings, uses or . structures shall be erected or located in any required yard other-than reaz yazd. An exception is made only for detached private garages and accessory buildings on a skid foundation, no lazger than 120 S.F. Section 106-741 (e) (1) further states that no accessory building, or carport garage for a single-family dwelling shall occupy more than 25% of a reaz yazd; nor exceed 1,000 S.F. An exception is made for lazge lot residential tracts to have accessory buildings up to 2,000 S.F. but by defuution, this exception is for tracts one (1) acre or greater. This variance requests seeks to allow the construction of an accessory building in the side yard of the lot, and to allow the building to be 30'x40', or 1200 S.F. which is 200 S.F. over the limit. Ana sis: Section 106-192(b)(1), in the Code of Ordinances, defines a variance as a 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 granted The subject tract is less than 1 acre: Section 106-741 prohibits the proposed construction of the accessory building in the side yard and limits the size of the building to 1000 S.F. 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: • That the granting of the variance will not be contrary to the best public interest. • That literal enforcement of the chapter will result in unnecessary hardship because of exceptional narrowness, shallowness, shape, topography or other extraordinary or exceptional physical situation unique to the specific piece of property in question. "Unnecessary hardship" shall mean physical hardship relating to the property itself as distinguished from a hardship relating to convenience, financial considerations or