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Staff Report March 27, 2014 <br />Variance Request # 14-93000001 <br />Requested by: Dennis and Rebecca Dorsett <br />Requested for: A Variance to the La Porte Code of Ordinances, Section 106-791 for a <br />perimeter fence constructed within the front yard setback. <br />Location: Lots 1, 2, 17, 18, Block 5; Bay Oaks Subdivision, W. P. Harris Survey, <br />Abstract 30, LaPorte, Harris County, Texas. <br />Zoning: Low Density Single Family Residential (RI) <br />Background: Applicant is requesting a variance to allow a newly constructed fence within <br />the front yard setback to remain in place. Total developed site area of the <br />subject tract is approximately 20,000 square feet consisting of four lots; two <br />of which front Dwire and two front Bay Oaks Drive. There is an <br />unimproved right of way immediately to the west of the subject properties. <br />The property is zoned low density residential and is appropriately being used <br />as residential with a single family unit placed on the northeast lot (lot 2). The <br />City's Code of Ordinances prohibit a fence being erected within the required <br />front yard setback of any residential property. <br />Last year, the City approved a permit to construct a fence. The conditions <br />imposed on the permit required the fence to be built at the front setback line <br />which is 25 feet from the right of way/property line, however the contractor <br />placed the fence at a location approximately 25 feet from the edge of the <br />road. The resulting fence location is within the applicants property, a few <br />feet back from the front property line. <br />This variance request is for a waiver of the standard front yard setback <br />requirement in order to allow a fence constructed forward of the front <br />property lines of both Dwire and Bay Oaks Drives. The City's Code of <br />Ordinances, Section 106-791, prohibits a fence being erected within the <br />required 25' front yard setback in residential zoning districts. <br />Legal Requirements: Section 106-192(b)(1), of the Code of Ordinances, defines a variance as a <br />deviation from the literal provisions of the chapter; which is granted by the <br />Board when strict conformity to the chapter would cause an unnecessary <br />hardship because of the circumstances unique to the property on which the <br />variance is granted. <br />Section 106-1 defines fence as "...a manmade structural barrier erected on or <br />around a piece of property or any portion thereof." <br />