08-25-11 Zoning Board of Adjustment

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Staff Report August 25,2011 Variance Request #11 -93000007 I e rested by : Richard L. Sparks (Property Owner) Reguested lor Reduction of the rear building setback, Section 106 - 333, Table B, Code of Ordinances. Location 916 Seabreeze Avenue Lot 20, Parkway Block of Bay Shore Park, Johr - rson Hunter Survey, Abstract No, 35, La Porte, Harris County, Teas. oa�i Low Density Residential (R - aek round The subject property is located in the old Town of La Porte and to the cast of the Sylvan Beach Park. Farris County Appraisal District records showy the land area as 15,000 s ft, with two story frame house built in 1974. The property is zoned low -density residential, where a single - family house is a pern use. Required building setbacks are front 25', rear 15 and sides 5'. Section. 106-741 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 oftlre ordinances. Several years ago, the applicant built a 900 square feet garage in a side yard,: Subsequently, the owner applied for a building pernnit to convert the garage structure into a living quarter. The building pern - tit request was decried because no accessory building, use or structure shall be located in the side yard per City Ordinances. The applicant, subsequent to denial of a building permit, applied for a variance to convert existing structure into a living quartet. The Board considered the Valiance Request 411- 93000001 at the March 23, 2011, meeting and denied it. Later on, the applicant divided the property and finnished survey of lot 20, which shows existing structure does not meet the required building setback of 15' in the rear yard. Per attached survey, it is 13.5' wl - deb.. is shy of 1'J2. Analysis Section 106- 192(b)(1), of the Code of Ordinances, defines a variance as a deNationfi -Drag the fiterad provisions of the chapter, i4 is granied by the Board r-i)hen strict conformity to the chapter r-ij uld coarse an unnecessaiJy hardship because of this circumstances unique to the property on ivhich the variance is granted, Except as otherwise prohibited, the board is empowered to authorize a variance from a requirement when the board finds that all of the following conditions have been met. �� That the granting of the variance will not be contrary to the best public interest.