11-15-06 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment Minutes

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Staff Report January 25, 2007 Variance Request #V06-003 ReQuested by: ReQuested for: Location: Zonm!!:: Back2:round: Analvsis: Mr. William C. Badeaux (Property Owner) Lot 6, Willow View Subdivision, Vol. 79, Pg. 46, H.C.M.R., Enoch Brinson League, Abstract No.5, La Porte, Harris County, Texas. 1603 Willow View Street Low Density Residential (R -1 ) The property in question, Lot 6 (21,200 sq. ft.) is located in the Willow View Subdivision along North 'P' Street. Willow View is a 60' wide public right-of-way intersecting at North 'P' Street. The subject lot, currently undeveloped, has a 15' drainage easement and a 10' utility easement in the rear yard, and is adjacent to the City's Northwest Park in Lomax area. The applicant's design for a proposed residence shows an accessory building to be 1200 sq. ft. and located 30' from the primary structure in the rear yard. A principal structure is setback 35' from the front property line along Willow View Street with a 5' side yard setback. Code of Ordinances, Section 106-741 (e) (1) further states that no accessory building or carport garage for a single-family dwelling shall occupy more than 25% of a rear yard, nor exceed 1,000 S.F. An exception is made for large lot residential tracts to have accessory buildings up to 2,000 S.F. but by definition, this exception is for tracts one (1) acre or greater. This variance request seeks to allow construction of an accessory building for storage and other utility purposes in the rear yard allowing the building to be 30'x 40', or 1200 S.F., which is 200 S.F. over the limit. Section 1 06-l92(b)(1), in the Code of Ordinances, defmes 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 The subject tract is less than one acre (approx. 0.48 ac.) Section 106-741 prohibits the proposed construction of the accessory building in excess of 1000 S.F. Except as otherwise prohibited, the Board is empowered to authorize a variance from a requirement when the Board fmds that all of the following conditions have been met: .:. That the granting of the variance will not be contrary to the best public interest.