04-27-06 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment Minutes

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Staff Report November 15,2006 Reauested by: Reauested for: Location: Zonine:: Back2round: Special Exception Request #SE06-004 & 005 Bayway Homes, Inc. Lots 7 & 12, Block 14, Sylvan Beach 1 sl Addition, Johnson Hunter Survey, Abstract No. 35, La Porte, Harris County, Texas. 221 and 201 Forest Ave. Low Density Residential (R-1) In July 2005, the applicant received a property survey that identified the size of this property (50'x125') 6,250 square feet for each lot. The property is further described as Lots 7&12, Block 14, Sylvan Beach 1 sl Addition, Volume 3, Page 72, Map Records of the Harris County, Johnson Hunter Survey, Abstract No. 35, La Porte, Harris County, Texas. (See Exhibit B). The subject lots are located at the northeast comer of Forest Avenue at Oregon A venue (a.k.a Willow Ave.) and northwest comer of F orest Avenue at Park Drive. Due to comer lots, total area of each lot equals 6,202 sq. ft. In reviewing the survey, there was no mention of building lines and/or required yard setbacks. The applicant proceeded with selecting a home design and the development of construction plans. The proposed house plans provided to the City allowed a five-foot (5') setback for both side yards. (See Exhibit C). In developing a comer lot, zoning regulations require a minimum ten-foot (10') setback on the side that adjoins a public right-of-way (Oregon Avenue). (See Exhibit D). To develop in the Low-Density Residential (R-1) zoning district, the City's minimum 50' lot width and minimum lot area of 6,000 sq. ft. are needed. In addition, minimum yard setbacks are Front 25', Rear 15', and Sides 5' (adjacent to public right-of-way 10'). The lots meet these requirements; however, as a comer lot, it cannot meet the required 10' side lot setback when adjacent to the public right-of-way. The plan is to build a 1958 sq. ft. and 2,199 sq.ft. area with a width of approximately 40'(Exhibit B). After the required 5' setback is added to the east side of the property, the 10' side setback requirement at Oregon Avenue and Park Drive cannot be met. Therefore, the developer is requesting a 5' yard exception to the side yard setback requirement on these comer lots.