12-08-10 Special Called Meeting and Public Hearing of the La Porte Zoning Board of Adjustment

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Staff Report March 24, 2011 Variance Request #11- 93000001 Requested by: Richard L. Sparks (Property Owner) Requested for: Lots 18 -20, Parkway Block, Bay Shore Park, Johnson Hunter Survey, Abstract No. 35, La Porte, Harris County, Texas. Location: 920 Seabreeze Avenue Zoning: Low Density Residential (R -1) Background: The subject property is located in the old Town of La Porte and to the east of the Sylvan Beach Park. Harris County Appraisal District records show the land area as 15,000 sq. ft. with two story frame house built in 1974. The property is zoned low- density residential, where a single- family house is a permitted use. Required building setbacks are front 25', rear 15', and sides 5'. Several years ago, the applicant built a 900 square feet garage in a side yard. Subsequently, the owner applied for a building permit to convert the garage structure into a mother in -law quarter. The building permit request was denied because no accessory building, use or structure shall be located in the side yard per City Ordinances. Section 106 -771 of the City's Code of Ordinances allows accessory buildings, uses, or structures to be located in the rear yard but not in the side yard. However, a detached garage may be permitted in side yard subject to certain provisions of the ordinances. The applicant, subsequent to denial of a building permit, applied for a variance to convert existing structure into mother in -law quarter. Analysis: Section 106- 192(b)(1), of 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 Except as otherwise prohibited, the board is empowered to authorize a variance from a requirement when the board fords that all of the following conditions have been met. ❖ That the granting of the variance will not be contrary to the best public interest. ❖ That literal enforcement of the chapter will result in unnecessary hardship because of exceptional narrowness, shallowness, shape, topography or other extraordinary or exceptional physical situation unique to the specific piece of property in question. "Unnecessary hardship" shall mean physical hardship relating to the property itself as distinguished from a hardship relating to convenience, financial considerations or