07-26-07 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment

Browse Search

Staff Report October 25, 2007 Variance Request #V07-006 Requested by: Owner: Requested for: Location: Zonine:: Back2:round: Analvsis: Sherrie Daniels (Phoenix Services) M. D. Evans Lots 1-8,25-32, Block 673, and alley between these lots, T.W. Lee Subdivision, Richard Pearsall Survey, Abstract 625, La Porte, Harris County, Texas. 3020 N. 23rd Street Light Industrial (Ll) Applicant is requesting a variance to relocate a fence within the front yard at a reduced setback line. The property in question has office/warehouse buildings located along North 23rd Street across the City's Public Works Department. The property is currently zoned Light Industrial (Ll) and the City's Code of Ordinances prohibits a fence being erected within the required landscape portion of any yard or the front yard setback in the commercial and industrial zoning districts. Last year, a minor development site plan was approved for proposed industrial equipment storage and a detention pond along North 23rd Street. A chain link fence with slats has been erected at the 20' required setback line. Recently, the applicant has submitted a revised site plan for a proposed 9,000 sq. ft. of building addition to be located along West 'C' Street and has shifted the detention basin 10 ft. inside the required building setback line. The applicant has submitted a variance request that seeks a reduction in the standard front yard setback requirement in order to relocate a fence at 10' off front property line. According to the applicant, the front yard fence at the detention pond is desired for the safe operation of the business in this area. In addition, construction of a detention pond within 10 feet of the property line would be exposed to the public, unless fence is placed. The City's Code of Ordinances, Section 106-797(2), prohibits a fence being erected within the required landscape portion of any yard or 20' front yard setback in the commercial and industrial zoning districts. Section 1 06-192(b )( 1), in the Code of Ordinances, defines 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. Section 106-1 defmes fence as ".. . the manmade structural barrier erected on or around a piece of property."