08-28-2003 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment

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IdMk Staff Report DecembeM, 2003 Variance Request #V03-005 Reauested bv: . Scott Rodriguez, Property Owner BMuested for: Construction of 'a Large Lot Residential Accessory Structure in Excess of 2,000 Square Feet of Floor Area Location: Mc Cabe Road (Tracts 5G &-5H, Abst. 30, #. P. Harris) Zoning: Planned Unit Development (PUD) Background: The property in question is an undeveloped 5.89-acre site located on the south side of Mc Cabe Road. (See Exhibit A).. Although the property is zoned PUD, the applicant has provided the City with a sketch plan which indicates his proposal to build a single-family dwelling and a 60' X 100' (6,000 square foot) accessory structure (detached garage). (See Exhibit B). Utilizing the applicant's sketch plan, Staff reviewed the plan and identified it as "large lot residential" development. Based on Section 106-1, the definition of large lot residential is a home site for a single-family home that is comprised. of at least one (1) acre (43,560 square feet) in size and a minimum lot width of one hundred feet (100'). (See Exhibit Q. Please note that the definition does not address the zoning of the land in question. Once identified as a large lot residential development, Staff considered regulations that were applicable to the size of the proposed accessory (garage) structure. Zoning Section 106-741(ex2) states: "Accessory buildings in single-family residential large lots may not exceed 2,000 square feet of floor area. Accessory buildings with a floor area in excess of 1,000 square feet must be located at least thirty -feet (30) from any property line and thirty -feet (30') behind the rear of the primary structure". (See Exhibit D). The result of Staff' review identified two (2) areas of concern. The first issue deals with the applicant's request for a 6,000 square foot accessory structure when the zoning regulations identify a maximum of 2,000 square feet. The second issue addresses the placement of the structure. Based on the sketch plan provided, the over -sized accessory is not located the minimum of thirty-foot (30) behind the primary structure as required by the city's zoning regulations.