01-22-2004 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment

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Staff Report April 22, 2004 Special Exception Request #SE 04-006 Requested by: Rich Rode Construction Inc. (Agent); Deobra Spradlin (Owner) Requested for: Lots 2, part of Lot 3 and South '/s or abandoned Street Block 20, Bayside Terrace Subdivision, Vol. 8, PG 65, H.C.M.R our of the W.P. Harris Survey, A 5, LaPorte, Harris County, Texas Location: 3118 Fondren Ave. Zoning: Low Density Residential (R 1) Backeround: The residence is situated on an irregular shaped lot. The property, because of its shape and position within the block, is a pre-existing "double fronted" lot, fronting on both Hamilton Ave. and Fondren Ave. The current house is positioned where the northwest comer is currently on the building setback line and a portion of the house already protrudes into the northeast building line on that portion of the property that tapers off to the North. The applicant has submitted a Special Exception request that asks for a deviation in the standard front and rear yard setback requirements in order to construct a porch on the northern side 5 feet into the Fondren Ave. setback (matching the current side of the house) and to enlarge the existing southwest portion of the house approximately 10 feet into in setback from Hamilton Ave.. The City's Code of Ordinances, however, prohibits such construction within the setback areas. Staff analyzed the surrounding area, and found that due to the irregular shape of the lots within the block, several existing, non -forming structures are present and the setbacks are not uniform. Currently non -conforming structures (setback) exist at 3118, 3144, 3146 and 3126 Fondren Ave. on front yard requirements, and at 3122, 3135 and 3139 Hamilton Ave. on rear yard setback exceptions. The standard front, rear and side yard setback requirement in residential zoning district is 25'-15'-5' respectively. Because this location is a "double - fronted" lot, however, the front building lines on the survey for this property both exist at 25'. This condition is further complicated by the irregular shape of the lot which severely tapers to the north. A portion of the house already protrudes into the setback along Fondren Ave.