06-26-08 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment

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Staff Report July 24, 2008 Variance Request #V08-004 ReQuested by: ReQuested for: Location: Zonin2: Back2"round: Analvsis: Mr. Hershel Buckmiller (Property Owner) Lot 9, 10, 12 & 13, Block 72, Bay Front to La Porte, Johnson Hunter Survey, Abstract 35, La Porte, Harris County, Texas. 217 S. Nugent Street Low Density Residential (R-1) Per the Harris County Appraisal District (HCAD) record, this residential single-family house was built in 1978 with land area of 6,250 S. F. The primary residence with total living area is 1,244 S. F. A carport behind the house and garage to the rear of the house were built with the house. Recently, a carport with approximately 325 S.F. was added within the side yard. The total square footage under roof, therefore, equals almost 40%, the maximum allowable lot coverage for single family detached dwelling units per Section 106-333, Table B, of the Code of Ordinances. In addition, the carport was constructed within the required 5' side setback and without issuance of a City permit. Per Section 106-771 (4), the front and side yard carports shall be permitted for single- family detached houses subject to the following requirements: a. Carports in a required front or side yard shall not be located closer than five feet from any front or side property line. b. Carports located on comer lots shall not be located closer than twenty-five feet an intersection. c. The maximum width of a carport located in a required front or side yard shall be twenty-five feet. In this case, carport is constructed about two feet off the side property line in violation of the Section 106-771 (4)(a). To be in compliance with the City ordinance, therefore, the current structure of 325 S. F. (13 'x25') under roof would have to be reduced by 3' in width (l0'x25'). This variance requests seeks to allow the carport to remain in place. The owner states that a carport built recently would allow a senior resident enough shield from other elements, safe and secure place to get to the ride. Owner also states that the carport is build with big expense out of fixed income and removal of some portion or tear it down may cause him financial loss. Section 106-192(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 EXHIBIT A