05-28-09 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment

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Staff Report June 25, 2009 Variance Request #V09-003 ADDlicant: Carol King, Property Owner Location: 11320 North 'L' Street Le!!:al descriDtion: TRS 268 and 273, La Porte Outlots, Enoch Brinson Survey, Abstract No.5, La Porte, Harris County, Texas. Present zonin!!:: Large Lot Residential (LL) Land Use MaD: Residential Back2:round: Harris County Appraisal District record shows the applicant's house was built prior to the City of Lomax and City of La Porte consolidation in 1980. The current survey of the property dated June 04, 2009, shows a metal barn with an overhang built in the rear of the property. 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 an accessory building with awning and other structures at this site. The applicant appealed 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. On May 28,2009, the La Porte Zoning Board of Adjustment voted to support the Enforcement Officer's decision to deny a permit for a structure located within ten feet of the property line at 11320 North 'L' Street. At issue was a property line dispute between the neighbors and exact measurements due to lack of a current survey of the property. According to the applicant, the overhang/tin structure (20'x35') was rebuilt on existing posts damaged by Hurricane Ike. However, existing structure is considered to be non-conforming as it encroaches 3 feet 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. This variance request seeks to allow the overhang/tin structure to remain in place. The owner states that a structure was damaged and replaced with new tin and should be allowed to remain at the original location. In addition, it would allow protection to the animals and provide a safe and secure place for them to move around the barn area. The owner also states that the structure was expensive and tearing it down would cause him financial loss.