11-06-08 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment

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Board of Adjustment December 04, 2008 #SE 08-003 & 004 Page 2 Analvsis: · The original Harris County Flood Control District (HCFCD) drainage easement running north-south is 40'wide. A 100' wide strip was added to the west for future 140' wide channel system. Similarly, existing drainage easement of 60' runs east-west, now is 130' drainage channel for F 1 0 1-06-0 1 drainage system. · The City sold the adjacent surplus property and divided the property into its present configuration. · Sulzer/Hickham Inc., adjacent land owner and a company located at 11518 Old La Porte Road, is the successful bidder of Tract 1 (2.9651 ac.) and Tract 2 (0.4594 ac.) adjacent to the F-101 channel. The company will purchase an easement from the City to cross the drainage channel (See Exhibit D). · There is an additional tract 1.2754 acre to the west of the above referenced tract, which has a 23' wide ingress/egress easement along North P Street. · In October 2005, City Council adopted regulations and boundaries governing the creation of a Large Lot Zoning District. All of the properties previously zoned Low-Density Residential (R-1) and Medium Density Residential (R-2) in the former Lomax area are now classified as the Large Lot District (LL). · A minimum lot size of 1- acre (43,560 sq. ft.) and lot width of 90' is required to develop in the Large Lot District (See Exhibit E). Issues involving minimum lot size and widths are as follows: Section 106-416(a) - Minimum lot size is one acre (43560 sq. ft.). Tract 2 equals 0.4594 ac., creating a nonconforming lot size. Section 106-416(b) - Minimum lot width is 90'. Tract 2 (0.4594 ac.) has a lot width of23 ft. along North 'P' Street. The additional tract (1.2754 acres) to the west also has 23 ft. of ingress/egress easement along North 'P' Street. (Non-conforming lot widths). The Code of Ordinances defines a Special Exception as a specified enumerated deviation from zoning regulations. The Board is empowered to grant a Special Exception when it finds the following: a. that one or more lots located in the same block as the subject property are not uniform in terms of shape and/or size so that any further subdivision of the subject property cannot be in accordance with the regulations governing the District; b. it can be demonstrated that the subdivision will not circumvent the spirit of the District regulations, or particularly, the rural character of the District; and,