03-27-14 Zoning Board of Adjustment Meeting

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Staff Report March 27, 2014 Variance Request # 14-93000002 Requested by: Analytic Stress Relieving Inc. Requested for: A Variance to the La Porte Code of Ordinances, Section 106-662 for an encroachment into the building setback requirements within a Business Industrial Zone. Location: Southwest corner of N. 17t' and Polk Streets, Lots 25-30, Block 715; Town of La Porte, Johnson Hunter Survey, Abstract 35, La Porte, Harris County, Texas. Zoning: Business Industrial (BI) Backeround: The applicant is requesting a variance to allow for an encroachment of 30 feet into the 50 foot front setback and an encroachment of 20 feet into the 30 foot side setback requirement in order to allow for construction of a proposed two-story office building. The total site area of the subject tract is approximately 0.4307 acre, (18,750 square feet) consisting of five lots fronting N. 17t' Street just south of Polk Street. The property is zoned Business Industrial (BI) and is currently vacant after the recent demolition of a smaller industrial structure that was setback approximately the same distance as the building being proposed in this application. This proposed office is a General Commercial use, but because it is within a Business Industrial zone, the Code of Ordinances currently requires a greater setback of 50 feet in the front and 30 feet on the side. Both General Commercial (GC) and Light Industrial (LI) currently allow for 20 foot front and 10 foot side setbacks. While a great majority of the blocks fronting West Main Street between SH 146 and Sens Road are commercially zoned, there is a small segment (five blocks immediately west of 16t' Street and north of West Main) that are zoned Business Industrial. Most of the existing buildings in this small BI area are pre-existing, non -conforming and therefore, do not conform to the BI setbacks. The City's Code of Ordinances, Section 106-662, prohibits a building from being erected within the required 50 foot front setback and within the 30 foot side yard setback in BI zoning districts. Legal Requirements: 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.