02-26-09 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment

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Staff Report April 23, 2009 Special Exception Request #SE 09-001 Requested by: Thomas W. Revak, property owner Requested for: Lot 9; Block 1; Crescent Shore Subdivision Location: 2015 Crescent Drive Zonine:: Low Density Residential (R-l) Backe:round: The subject property is zoned Low Density Residential (R-l). A single- family dwelling is a "permitted" use in this zone. The property is vacant at this time. The property owner has submitted a Special Exception request for a reduction in the standard rear yard setback from 15' to 5' in order to build a house. In this case the front yard is directly adjacent to the shoreline of Galveston Bay and the rear yard is along Crescent Drive, an unimproved 50' right-of-way. The required front, rear, and side yard setbacks are 25', 15', and 5' respectively. The applicant's desired placement of the house will be setback 5' for better utilization of a relatively narrow lot (approximately 40' wide) while remaining consistent with the neighboring properties. The applicant has provided a copy of the property survey in this regard (see Exhibit B). The abutting lot requirement as referenced in Section 106-191(b)(2)(b) of the Code of Ordinances does exist. There are four (4) existing homes within the same block. The setbacks vary between the homes, and none of the residences in the same block meet the rear yard setback requirements under these regulations (see Photos Exhibit C). However, without a property survey of each one, the exact setbacks are unknown. S1:a.ff s inspection of the block found two of the homes have rear yard encroachments, but the front yards directly adjacent to Galveston Bay are wide open. The applicant's proposed rear yard setback for the subject house represents an "average" of the various rear yard setbacks within the same block. This exception is being requested under the terms of Section 106- 191 (b)(2)(b) of the Code of Ordinances (Exhibit D):