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Staff Report August 26, 2004. <br />Special Exception Request #SE .04-007 <br />Requested by: Anthony Martin/A&M Construction (Agent) . <br />Requested for: Texas Sports Bar and Grill; Tract 8C, .05510 acres; Tract 8A 1, .09954 acres <br />out of W.M Jones Survey A-482, City of LaPorte, Harris County, Texas <br />Location: 10003 Spencer Highway <br />Zoning: General Commercial (GC) <br />Backcround: The applicants are constructing a business "Texas Sports Bar and Grill <br />located at 10003 -Spencer Highway with a projected opening date in <br />September. 2004.. This project is adjacent to the Arbor Bay Apartments and <br />the La Petite. Academy (Day Care Center) to the West and a vacant lot to the .. <br />East.. The site fronts on Spencer Highway to the South. <br />The applicant submitted a Special. Exception request that. asks for a reduction . <br />in the standard. front yard setback. requirement in order to allow a constructed <br />fence along the Western portion of the site in the front yard setback, where it. <br />borders the Day Care Center, to remain.• The City's Code of Ordinances, <br />however, prohibits a fence being erected within the required landscape <br />portion of any yard or the front yard setback in the commercial. zoning <br />districts: <br />Staff analyzed the surrounding area and based upon site inspections and the <br />pictures. submitted by the City Inspectors, the following considerations are <br />noted. . <br />• As seen in the attached photos, the existing block containing the <br />project has an irregular front yard setback with the existing apartment <br />complex, front yard fences of existing facilities and the Day. Care <br />Center. <br />• The requested fence is already in place. Applicants state that their <br />understanding was that the fence was an extension of their approved <br />site plan; therefore, a permit, while required, was not obtained. <br />Applicants have agreed to obtain the necessary permits and. pay . <br />appropriate fees. <br />• The .front portion of the fence in question was an extension' of an <br />existing fence constructed in the side setback. . <br />