12-04-2003 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment

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Staff Report January 22, 2004 Variance Request #VO4-001 Requested bv: . W. Allen Moses (Property Owners) Reauested for: Lot 12 & E. '/z of Lot 11; Oak Grove Block, Bayshore Park Addition AND Tract 7; Abst. 35, J. Hunter Survey Luca 'on: . 941 Oak Grove Avenue Zonin : Low Density Residential (R 1).and Mid -Density Residential (R 2) Background: According to the-City's current zoning map approved on March 24, 2003, the property in question is located within two zoning classifications. The portion of land located within the Oak Grove Block is zoned as Low Density Residential (R-1) while the tract located in the J. Hunter Survey is zoned as Mid Density Residential (R 2): The construction of a single-family dwelling is a "permitted" use in each zone. (See Exhibit A). The Zoning Board of Adjustment (ZBOA) may recall previously hearing a- Variance (#V03-002) and a Special Exception (SE#03-003) request from the same applicant. Both of the applicant's requests were granted at the July 24, 2003 meeting. This enabled the applicant to build a home on the portion of the property known as Lot 12 and the E. V2 of Lot 11. However, after reviewing the Board's approval, the applicant found -he would be unable to build a home and the deck area he preferred. At this meeting, the applicant is asking the Board to consider Variance Request #VO4- 001 for the portion of the property identified as Tract 7; Abst. 35, J. Hunter Survey. (See Exhibit B) The request asks for a reduction in the rear yard, side yard and the standard designated conservation area requirements in order to construct a single-family dwelling. Unfortunately, due to the property size, the reduction in these three area requirements alone would not enable a home to be built. The survey/site plan exhibit identifies the various issues. (See Exhibit B) Therefore, while considering this request, the Board needs to note that they are being asked to consider a second property request (special exception) as well. Approval of each request will be necessary to.make the proposed project "viable". Staff has included a copy of Table B; Residential Area Requirements and Footnote #2 that identify the standard 15' rear yard setback requirement and the minimum 20' landscape setback requirement from a -conservation area. (See Exhibit C) In addition, the definition of a conservation area has been provided as well. (See Exhibit D).