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 Variance Request #VO4-002 Reauested by: Mr. Kevin Martin (Property Owner) Requested for: Lot 7, Block 25, Fairmont Park East Section 3, William M. Jones Survey, Abstract 482, LaPorte, Harris County, Texas. Location: 10912 Linwood Court Zoning: Low Density Residential (R 1) Background: Per the survey, this property is 6,600 S. F. The primary residence is 2,531 S. F. with an existing roofed patio of approximately 294 S.F. The total square footage under root therefore, is 2,825 S. F. This patio was constructed without issuance of a city permit. Per City Ordinance 106-333 Table B. Page CD106.47 (supp. No. 9), the maximum allowable lot coverage for single family detached dwelling units is 40a/a for this type of lot. The allowable coverage for the subject lot is 2,640 S. F.; 185 S F. over the limit. To be in compliance with city ordinance, therefore, the amount of patio allowable to be under roof is 109 S.F. The current structure of 294 S. F. under roof would have to be reduced by 185 S. F. This variance requests seeks to allow the current covered patio of 294 S. F. to remain in place. The owner states that a covered portion of patio only +\ 110 S. F. would not allow enough space for tables, chairs and gas grill to be used while raining nor have enough shade to enjoy. Owner also states that the installed, professional cover adds value to the house and does not encroach on any property lines or easements. Analysis: Section 106-192(b)(1), in the Code of Ordinances, defines a variance as a deviation from the literal provisions of the chapter, which is granted by the Board when strict conformity to the chapter would cause an unnecessary hardship because of the circumstances unique to the property on which the variance is granted Section 106-1 defines lot coverage as "...the area under roof on any given lot." Except as otherwise prohibited, the board is empowered to authorize a variance from a requirement when the board finds that all of the following conditions have been met. ❖ That the granting of the variance will not be contrary to the best public interest. ❖ That literal enforcement of the chapter will result in unnecessary hardship because of exceptional narrowness, shallowness, shape, topography or other extraordinary or exceptional physical situation unique to the specific piece of property in question. "Unnecessary hardship" shall mean physical hardship relating to the property itself as distinguished from a hardship relating to convenience, financial considerations or