10-27-05 Regular Meeting of the La Porte Zoning Board of Adjustment Minutes

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Board of Adjustment February 23, 2006 #SE 06-001 Page 2 Analvsis: The Planning and Zoning Commission held a few workshops for the proposed Large Lot Zoning District, and discussed citizen's input gathered during the Town Hall Meeting at the Lomax Elementary School. The Planning and Zoning Commission, during its September 15, 2005 meeting, held a public hearing to receive citizen comments regarding creation of a Large Lot District and consider additional regulations for the district and forwarded the Large Lot Committee's recommendations to City Council for approval. A summary of the final proposed changes from the Committee is attached at Exhibit C. The applicant would like to build another house on the subject property. Per Section 106-238 of the Ordinances, one principal building is allowed per lot. In this case, the property needs to be subdivided into two lots. To The Ordinance requires a minimum lot size of one acre and lot width of 90' in order to develop in the Large Lot district. Issues involving minimum lot size and minimum lot width are as follows: Section 106-416(a) - Minimum lot size is 1 acre (43560 sq. ft.). The total subject property is 1.86 acres. With the proposed subdivision, one lot will be approx. 1.35 acres and other lot, with an existing house, will be 0.5 acres; creating a nonconforming lot. Section 106-416(b) - Minimum lot width is 90'. With the current proposal, the existing house has a lot width of approx.140'along North 'P' Street. The proposed lot will have a width of approx. 48' along North 'P' Street, creating another non-conformity. The Code of Ordinances defines a Special Exception as a specified enumerated deviation from zoning regulations. The Board is empowered to grant a Special Exception when it finds the following: a. that one or more lots located in the same block as the subject property are not uniform in terms of shape and/or size so that any further subdivision of the subject property cannot be in accordance with the regulations governing the District; b. it can be demonstrated that the subdivision will not circumvent the spirit of the District regulations, or particularly, the rural character of the District; and, c. granting the special exception will not be injurious to the value or enjoyment of adjacent properties within the District. The applicant's request is based on Section 106-191 b (4) of the Code of Ordinances, which states the following: