07-22-2004 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment

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Now Staff Report August 26, 2004 Variance Request #VO4-007 Requested by:.. - Mr. Leroy Marchan. (Property Owner) Requested for: Lot 27, Block 8 of Fairmont Park East Section 1 A; Vol. 306, Pg. 69, W. M. Jones - Survey, Abstract 482, LaPorte, Harris County, Texas. Location: 3853 Pecan Circle. Zoning;. Low Density Residential (R 1) Background: Per the survey, this property was developed'for a single-family residence which included a patio slab. constructed in the back yard setback The owner states that prior to -construction of an additional room on the slab, the patio slab was extended in width, not . depth The construction of the room was done without permit and the structure did not conform to code.. On June 7, 2004, a City of La Porte violation was issued. It was assumed that the patio slab, in its original state, was poured abutting the 16' utility. easement within the property's back yard setback:' It was initially determined, however, that the slab/room encroached into the easement. Additional survey work was done to determine if the slab actually encroached or merely abutted the. stated easement. After. uncovering. the pins and measuring distances,. it was determined that the slab and corresponding room abut the easement. Prior to this hearing, the room was made to conform to the building code. Per City Ordinance 106-333 Table B. Page CD106.49 (supp. No. 9), foot note #3, 'The minimum setback adjacent to any utility easement located in rear yard, shall be, three feet. No portion of any building including projections of any nature' shall encroach into any utilityeasement or vertical projection of the easement boundary." This variance requests seeks to .allow the current patio slab and corresponding room to remain within the Moot setback and abutting -to the 16' utility easement. Analvsis: 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 Section 106-333. states. that any structure: -must remain. at least 3' from any and all easements. Except as otherwise prohibited, .the board is empowered to authorize a variance from a requirement W. hen 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.