11-17-10 Special Called Meeting and Public Hearing of the La Porte Zoning Board of Adjustment

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Staff Report December 8,2010 Variance Request #V10-002 Requested by: Requested for: Location: Zonine: Back2:round: Analysis: Tina Briscoe (Property Owner) Lots 65 and 66, Block 4, Spenwick Place, Section 1, La Porte, Harris County, Texas. 3219 Creel Court Low Density Residential (R -1 ) Per the Harris County Appraisal District (HCAD) record, this residential single-family house was built in 1989 with land area of 29,695 S. F. The primary residence is a one story frame house on blocks with a total living area of 1,200 S. F. Prior to the City's annexation in February 1984, Spenwick Place was a MUD district in the unincorporated part of Harris County. A 8'x50' deck with guardrail was recently constructed in front ofthe house. The deck is located within a 25' front building setback and is built more than one foot above the height of the exterior finished grade elevation. In addition, the work was done without a City permit. Per the applicant, the reason for building higher is due to the door height. In addition, the applicant was unaware that a building permit was required for the deck. As per Section 106-771 of the Code of Ordinance, deck shall not extend more than one foot above the height of the exterior finish grade. Upon inspection, it is found that the bottom part of the deck is 6" above the height limits and stands in violation of the current ordinance. This variance request seeks to allow the deck with guard rail to remain in place. The owner states that the deck is a [mished out structure with all the trim work matching the house and should be allowed to remain at the original location. In addition, it would be a safety hazard to lower the deck and may cause a financial loss. Section 1 06-192(b)(1), in the Code of Ordinances, defines a variance as a deviation from the literal provisions of the chapter, which is granted by the Board when strict conformity to the chapter would cause an unnecessary hardship because of the circumstances unique to the property on which the variance is granted. Definition: In general, a deck is a flat surface capable of supporting weight, similar to a floor, but typically constructed outdoors, often elevated from the ground, and usually connected to a building.