03-23-06 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment Minutes

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Zoning Board of Adjustment Minutes of March 23, 2006 Page 2 Motion by George Maltsberger to approve Special Exception #06-003 to allow construction of a front yard fence within the front yard setback of the property located at 9601 Montgomery Lane. Second by Rod Rothermel. The motion carried. Ayes: Nays: Abstain: Maltsberger, Rothermel, Schoppe, Montemayor, and Grant Assistant City Attorney, Clark Askins, read aloud from Section 106-196 of the Code of Ordinances, which addresses Appeals. 4. CONSIDER APPEAL OF AN ENFORCEMENT OFFICER'S DECISION #A06-D03 FOR PROPERTY lOCATED AT 303 S.IOWA STREET, FURTHER DESCRIBED BY THE HARRIS COUNTY APPRAISAL DISTRICT AS lOTS 4,5, S % OF 3, AND N % OF 6, BLOCK 216, TOWN OF lA PORTE, JOHNSON HUNTER SURVEY, ABSTRACT 35, lA PORTE, HARRIS COUNTY, TEXAS. THE PROPERTY OWNER, RANDAll W. CERNOSEK, SEEKS APPROVAL TO REBUilD SECOND FLOOR ON EXISTING DETACHED GARAGE AND ENLARGE FLOOR AREA FROM 480 SQ. FT. TO 720 SQ. FT. PROHIBITED PER SECTION 106-262 (C) OF THE CODE OF ORDINANCES. THIS APPEAL IS BEING MADE UNDER THE PROVISIONS OF SECTION 106-89(3) OF THE CITY'S CODE OF ORDINANCES. A. STAFF PRESENTATION Masood Malik presented Staffs Report. The applicant, Randall Cernosek, has appealed the enforcement officer's decision regarding construction of a two story detached garage at property he owns at 303 S. Iowa. The existing detached garage was a two story nonconforming structure with the garage height exceeding the principal one story structure. The second story of the garage was removed in August 2005 and a carport was added to the front. Mr. Cernosek would like to rebuild the second floor and roof of the existing garage and carport and enlarge the area of the nonconforming structure from 480 sq. ft. to 720 sq ft., extended over the carport. He has estimated the cost to rebuild the second floor to be less than 50% of the total cost. City Staff contends the cost exceeds 50% of the total cost. 16 property owners located within 200 feet of the subject tract were sent notification of the public hearing. Four responses were received favoring the appeal. Mr. Maltsberger noted the estimate should be based on the replacement cost for two stories rather than one; therefore the cost to rebuild would not exceed 50%. B. PROPONENTS Chairman Grant swore in Randy Cernosek, of 514 S. Blackwell and owner of 303 S. Iowa. Mr. Cemosek wants to rebuild the second story of a garage that had been damaged by the elements. The proposed height is 20' from ground level to the ridge of the roof. The height of the principal structure is 18', According to Mr. Cernosek, the construction cost to replace the second story is estimated at $7,996.80, based on the ACE 2003 Construction Cost Guide. He showed photographs depicting the existing structures, as well as a view of the surrounding properties. Mr. Cernosek discussed options available to him. Mr. Cernosek answered questions from the Board. He wants to enhance the existing structure. The second floor will be used for storage. C. OPPONENTS There were none.