03-23-95 Regular Meeing and Public Hearing

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• • Requested By: Doris and David Shamlin, property owners. Requested For. 823 Mossy Drive, which is further described as Lot 355; Block 8; Battleground Estates, Section II. Zonin R-1, Low Density Residential Purpose of Appeal• Applicants are appealing the decision of the Building Official to deny a building permit to allow construction of a residential front yard fence. Bac und• The property in question is a residential homesite located in the Battleground Estates Subdivision. Based on photographs submitted by the applicants it has been established that there was, for a number of years, a "corral" style front yard fence at this location. As far as staff has been able to determine, this was a legally established non-conforming structure that was in place prior to the City of La Porte/City of Lomax incorporation. The original fence has been removed by the applicants, apparently with the intent of installing a comparable replacement. On June 7, City Inspector, Robert Stoddard discovered a new fence at this location. It was under construction, but still incomplete. The original fence had been completely removed and all debris had been removed from the property. There was no sign that there had ever been a previous fence. Section 10-502 of Zoning Ordinance 1501 states that: In the case of large lot residential lots [homesites comprised of one or more acres], six foot (6) perimeter fences are permitted as an accessory use. The applicant's homesite is a fairly typically sized subdivision lot that is comprised of well under one acre. Based on this consideration, Mr. Stoddard informed the applicants that the new fence would have to be removed.