07-24-2003 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment

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1 Staff Report gust 28, 2003 Variance Request #V03-003 Requested by: Mr. Jack Phillips, owner Requested for: Waiver from Business Industrial building setbacks that require a "landscaped only" area when adjacent to a residential district. Location: 1426 Sens Road 3.918 acres out of Outlots 341 & 342 Enoch Brinson Survey, A 5 Zoning: Business Industrial (BI) .- . Background: The Sens Road Office/Warehouse is proposed on 3.918 acres. Forty-four. (44) lease spaces in 2 buildings (approximately 60,500 square feet) of warehousing with office space: will be developed. While reviewing the submitted site plan, a major issue surfaced involving insufficient number. of parking spaces, - (see SE#03-006 Staff Report.), and parking in the rear- building setback when adjacent to a residential district. Business Industrial (BI) building setbacks are 50' front, 40' rear, and 30' sides. Section 106-522 Table B. of the City's zoning ordinance is discussed below: Section 106-552 Table B footnote 2 — When Business Industrial (BI) is adjacent to residential, no buildings, parking area, loading docks outside storage, or refuse containers are allowed in the setback areas. These areas are to be landscaped with trees, shrubs and ground cover, with a planting plan required to be submitted and approved by the enforcement officer. In the applicant's case, his rear setback is adjacent to Monument Estates, which is zoned Residential —1. . Citing Section 106-192 B (2) b, the applicant is seeking a variance from the 40' rear setback . requirements to allow parking in the building setback adjacent to residential and provide only 9' of screening. On the variance application, the owner. stated that the parking requirements are excessive. Although 235 parking spaces are required by ordinance, his site plan shows only 214 parking spaces. The applicant argues that 214 is the maximum number of parking spaces that he can show provided he is allowed to use the "landscape only" setback area. Without the variance, he will lose an additional 33 spaces and only show 181. The applicant requests that the Board recognize this as a hardship. However, Staff believes that if the Board grants Special Exception SE#03-006 and sets the parking requirement to a minimum of 179 spaces, the parking spaces in the setback can be eliminated and tree and shrubs would be planted to provide a buffer for the adjacent residential units. Analysis: Section 106-192 B(1), in the Code of Ordinances, defines a variance as deviation from the literal provisions of the chapter which is granted by the Board when strict conformity to the .chapter would cause an unnecessary