05-26-05 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment Minutes

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Staff Report July 28, 2005 Variance Request #V05-003 Requested by: Requested for: Location: Zonin2: Back2round: Analvsis: Charles Berdon Lawrence (Property Owner) Lot 1 thru 32, Blocks 1218 and 1255, Town of La Porte, Lot 1, Block 1, Crescent Shores, Vol. 8, Pg. 58, H.C.M.R., 13.50 acres out oflot 23 of the W.B. Lowrance Subdivision, J. Hunter Survey, Abstract - 35, La Porte, Harris County, Texas. 1800 Block ofS. Broadway (Old Highway 146) 777 S. "R" Street High Density Residential (R-3) The property in question is formerly Vista Baywood Apartments, a multi-family residence built originally in 1972 per the Harris County Appraisal District (HCAD). Total area of the subject site is 435600 sq. ft. (10 acres) adjacent to the City of La Porte's Little Cedar Bayou Park East. Another 3.30 acre tract is located along South Broadway. The main entrance to the property is along South R Street off S. Broadway (Old Highway 146). The property also abuts Park Avenue (unimproved ROW) to the West and the Crescent Shore Subdivision to the East and South of the complex. The complex, known as the Vista Baywood Apartment Homes, has been demolished recently by the current owner. The applicant wants to build an 8' high wood fence around the entire property, which also encloses Park Avenue right-of-way. The City has agreed to close this part of Park Avenue. The Zoning Ordinance allows fences of not higher than six feet excluding six-inch rot boards. As per survey, this property was developed for a multi-family residence (subsidized housing) with a pre-existing 8' high chain link fence on the portions of the east property and corrugated metal fence along north property lines. Per Section 106-791 of the Code of Ordinances, no fences shall be permitted within any front yard areas. Per Section 106-793, fences of not higher than 6' shall be permitted within side yards and rear yards. This variance request seeks to allow 8'high wood fence around an entire property for security purposes. As per copy of the survey provided by the applicant, the proposed fence is shown to be erected along the perimeter boundary of the entire tract abutting South Broadway (Old Highway 146). Section 106-192, 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 106-797 (2) prohibits fences in front yard setback. 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.