04-23-09 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment

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Staff Report May 28, 2009 Appeal of Enforcement Officer's Decision #A09-001 Applicant: Carol King, Property Owner Location: 11320 North 'L' Street Lee:al description: TRS 268 and 273, La Porte Outlots, Enoch Brinson Survey, Abstract No.5, La Porte, Harris County, Texas. Present zonine:: Large Lot Residential (LL) Land Use Map: Residential Baclmround: The applicant is appealing the Enforcement Officer's decision to deny a building permit for the turn out cover or an awning to accessory building located within 10' setback from the property line. According to the applicant, the structure was rebuilt on existing posts damaged by hurricane Ike last year. However, existing structure is considered to be a non- conforming as it encroaches into the setback line. Per Section 106-416, Code of Ordinances, a minimum 10' setback from the property line is required for accessory building to be located in the Large Lot (LL) residential district. Harris County Appraisal District record shows the house was built prior to the City of Lomax and City of La Porte consolidation in 1980. A survey of the property dated April 06, 1990, shows a metal barn lO'x38' in the rear of the property. The accessory building with awning is not shown on the survey. In addition, there are several other structures which seem to be encroaching upon the setback. However, no record was found of any building permit issued for this accessory building with awning and other structures at this site. Under zoning regulations, Section 106-741 of the City's Code of Ordinances, accessory buildings, uses, and structures shall be three feet or more from all lot lines. Large Lot (LL) residential district was established in 2005. Section 106-416 of the Code of Ordinances establishes a 10 feet setback from property line for an accessory building. Another reason for denial of building permit is nonconforming and non-permitted structure which may not be rebuilt unless it conforms to the provisions of the current ordinance. The applicant's grounds for request, as the structure is located in excess of five feet from the nearest property line, is not consistent with the current ordinance, or prior interpretation. The City's decision and interpretation of the said section is based on the special regulations per Section 106-416 (i) of the Code of Ordinances approved by City Council several years ago.