08-26-2004 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment

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Staff Report ~ September 23, 2004 Variance Request #V04-009 Requested bv: Sejal Dimple Patel (Property Owner), Bobby Grisham (Agent) Requested for: A Commercial Reserve 1, Block 1,1.3214 acres (57,560 sq.ft.) situated in the Johnson Hunter League, Abstract No. 35, LaPorte, Harris County, Texas. Location: 401 West G Street (Proposed hoteUmotel site) Zoning: General Commercial (GC) Backsround: The City of LaPorte received a development plan for proposed hotel and suites to be located at the northwest corner of S. 8~' and West "G" Street. The developer /owner is proposing 61 rooms in a 4 story hotel building. Total height of the proposed building with roof top/ridge exceeds the maximum of 45 ft. permitted per Code of Ordinances. The plat of the subject property has already been approved. Access to the proposed facility will be off West "G" Street, barring access to SH. 146 due to narrowness of the commercial reserve along the Highway. Per Section 106-443, Table B, commercial area requirements, the maximum height for all permitted or conditional uses in General Commercial (GC) is 45 feet. This variance requests seeks to allow a relief of the maximum height limit. This issue was first heard on August 26, 2004; receiving 3 votes for and 1 against the variance. By written request from the Chairman of the ZBOA, the variance is brought back before the Board for consideration. Analysis: Section 106-192(b)(2), 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 exceptional narrowness, shallowness, shape, topography or extraordinary or exceptional physical situation unique to the property on which the variance is granted. The subject tract is 1.32 acre (57,560 sq.ft.) with floor area ratio or lot coverage approx. 30%. As per plan, the vertical distance of a building measured from average elevation of the finished grade of the structure to the highest point of the roof exceeds 45 ft. 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 wnvenience, financial considerations or