02-23-06 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment Minutes

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Staff Report March 23, 2006 Special Exception Request #SE 06-003 Requested by: Tim E. Schooley (Owner) Requested for: Lot 197 less E 13', Lot 198, Block 11; Spenwick Place, Section 2, La Porte, Harris County, Texas. Location: 9601 Montgomery Lane Zonine:: Low Density Residential (R-l) Backe:round: Applicant is requesting a Special Exception to erect a fence in the front yard setback. Applicant stated that a fence existed at site for over thirty fiye years but it was taken down recently due to removal of a house at 9521 Montgomery Lane. Upon application to replace the fence, the City Officials informed Mr. Schooley of the requirements of the current ordinance. The applicant stated that he would comply with the ordinance, but he wants to replace just the portion of the front yard fence which was there for several years. The applicant submitted a Special Exception request in order to allow construction of a fence in the front yard setback where it borders even with the neighbor's fence. The applicant has submitted photos of the neighboring property fences in this regard. The City's Code of Ordinances, however, prohibits a fence being erected within the front yard setback in the all zoning districts except large lot residential (greater than 1 acre) and lots directly adjacent to the Galyeston Bay. Staff analyzed the surrounding area and based upon site inspections and the pictures submitted by the applicant, the following considerations are noted: · As seen in the photos, the existing block containing the residence has existing fences in the front yard setback (Photos to be presented at the meeting). · The requested fence would join even with the fence of an abutting property owner. · The front portion of the fence in question was an extension of an existing fence constructed in the side setback. The standard front yard setback requirement in residential zones, single family detached is 25'. It should be noted that if the applicant's request is granted, the ZBOA will be determining the deviated or "reduced" front yard setback.