03-25-10 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment

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Staff Report November 17,2010 Special Exception Request #SE10-004 Requested by: Sandra Sanchez, property owner Requested for: Lots 13 & 14; Block 12; Bay Oaks 110 Bay Oaks Drive Location: Zonin2: Low Density Residential (R-l) Baclmround: The plat of Bay Oaks, a subdivision of29.99 acres ofland out of the W. P. Harris Survey, Harris County, Texas, shows no recorded building setbacks. Plat was recorded with Harris County on June 24, 1929. Later, the subdivision became a part of La Porte. Currently, the property in question is zoned Low Density Residential (R-l), where a single-family dwelling is a "permitted" use in this zone. As per Section 106-333, Table B, Code of Ordinances, the required front, rear, and side yard setbacks are 25', 15', and 5' respectively. As per Harris County Appraisal District record, a single family house was built in 1960. The land area is 9,500 square feet and total living area equals 1,064 square feet. A survey dated 12-28-92 shows that house encroaching approximately 5' into a 15' building line recorded per Volume 816, Page 467, D.R.H.C. (copy attached). After hurricane Ike, the owner raised the house above base flood elevation and proposed a wooden deck and stairs. Upon inspection, it was revealed that a deck and stairs encroach additional 4'9" into the front yard setback. This leaves only 5' wide front yard and is a deviation from the approved plan as well. The applicant has submitted a Special Exception request for a reduction in the standard front yard setback in order to allow a deck and stairs to remain within the front setback. The applicant is claiming that the contractor did not follow the approved plan in this case. In addition, there are no uniform front setbacks in this section of the subdivision or along Bay Oaks Drive.