04-22-2004 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment

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': <!' . . ...... .,. Staff Report May 27, 2004 Requested by: Requested for: Location: Zonine::, . Backe:round: Analvsis: Variance Request #V04-004 Mr. T~ Buchanan & Ms. Teresa Buchanan (Property Owners) Lot 2, Block 3 of Summer Winds Section 3, W. B. Lawrence Subdivision, William M. Jones Survey, Abstract482, La Porte, Harris County, Texas. . 9501 Dry Desert Way . Low Density Residential (R-I) Per the survey, this property is 8,288 S. f. The primary residence alone is 3,314 S. F. , with the addition of an existing roofed patio of approximately 387 S.F. The total square footage under roof, therefore, is 3,701 S. F. This patio was const:rll:cted without issuance of a city permit. -Per City Ordinance 106-333 Table H. 'Page CD106.47 (supp. No.9), the maximum allowable lot coverage for single family detached dwelling units -is 4.0% for this type of lot. The allowable coverag~ for the subject lot is 3,315 S. F. With the patio cover, the residence is 386 SF. over the limit or at 44.65% coverage. To be in compliance with city ordinance, therefore, the patio, cover would have to be removed. - lIDs variance requests seeks to allow the current.covered patio of387 S. F. to remain in pl~e. The owner states, that they were unaware of the 40% requirement and were not informed by the builder at closing. They also intended, in the future, to build a storage . shed in their back yard;' Staff recogmzes that the patio cover was done in a professio~al , manner, enhances the appearance of the property and does not protrude beyond the house itself. they state that it would take 'a good sum of money to tear the patio cover down and repair the roof on the house. They further ask relief .from the provision of the Section 106-333 to enjoy their investment. . Section 106-192(b)(I), in the Code of Ordinances, defines a variance as a deyiationfrom t~e 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. tt;) the property on wh!ch the variance is granted -Section I 06~ I defines lot coverage as "... the 'area under rqof on any given lot." Except as' otherwise prohibited, the board is empowered to authorize a varimce 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 win result in unnecessary hardship beCause of exceptional narrowness, ~halloWness, shape, topography or other extraordinary or