01-22-09 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment

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Staff Report February 26, 2009 Reauested by: Reauested for: Location: Zonin2: Back2round: Variance Request #V09-001 Mr. Guy A. Yeary (Property Owner) Lots 79, 80, 81, Block 4, Battleground Estates, Section 1, Enoch Brinson Survey, Abstract 5, La Porte, Harris County, Texas. 11011 San Jacinto Drive Low Density Residential (R-1) Per the Harris County Appraisal District (HCAD) record, this residential single-family house was built in 1960 with land area of 16,500 S. F. The primary residence is a one story brick and frame house with a total living area of 2,319 S. F. A carport in the front 25' building setback was built with the house. The current owner moved to this house in 1990. The carport is considered to be a pre-existing and nonconforming structure as the Lomax area was incorporated to the City of La Porte in 1980. Per the applicant, the carport was damaged by Hurricane Ike and it was being replaced/restructured when work was stopped. A carport with approximately 675 S.F. (24 ~ 'x 28') is tied to the eve and is extended to the front yard setback. In addition, the carport is constructed within the required 25' front yard setback and without issuance of a building permit. Battleground Estates, Section One, a subdivision of 30 acres in the Enoch Brinson Survey, Harris County, was recorded on April 3, 1953. The plat shows 25' building line along all public roadways (copy attached). Per Section 106-4, Code of Ordinances, where the conditions imposed by any provisions of the zoning ordinance are either more or less restrictive than comparable conditions imposed by another ordinance, rule or regulation of the City or private agreement, the ordinance, rule or regulation which imposes the more restrictive condition, standard, or requirements shall prevail. In this case, building line or setback line of 25' shall prevail, which means the closest point to any property line occupied by a structure. However, no building or structure is permitted within 25' building line. As per, Local Government Code, Section 214.133, in the area between a street and a building line established for the street, the erection, re-erection, reconstruction, or substantial repair of a structure is prohibited The owner has completely removed the carport, destroyed by the hurricane and has started to build a new structure at the site. As per ordinance, no structure shall continue to operate as a non-conforming status after the use or structure has been terminated or removed or otherwise brought into compliance with the current ordinance. Therefore, the carport stands in violation of the current ordinance. In addition, it is constructed without a building permit from the City.