09-23-2004 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment

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• • Staff Report _ November 23, 2004 Variance Request #V04-011 Requested bv: Mr. William A. Benson Jr. Requested for: Waiver from the City's front building setback requirements Location: 519 N. Broadway Block 108, and lots 17 thru 23 & S. 15 ft. of lot 24 J. Hunter Survey, Abstract - 35, La Porte, Harris County, Texas. Zoning: General Commercial (G.C.) Background: The property in question was built originally in 1967 per the HCAD record. Total area of the site is 23750 sq.ft. (0.55 ac.) with 125' along West Madison Street and 190' along N. Broadway. The structure is an existing pre- engineered metal building ~of approximately 8,000 s.f. with encroachment issues under the current Code of Ordinances. The structure, as built, is described as "pre-existing, non-conforming, and is in violation of the Section 106-262(h) of the Ordinances. To our knowledge, the non-conformities have been abandoned for over 180 days. T'he Zoning Ordinances state that abandoned non-conforming structures and uses revert to present. zoning regulations and must be modified to comply with the current regulations in the General Commercial district. On December 6, 2001, staff received a site plan for the development. On December 21, 2001, staff mailed and faxed written comments to the developer about items that needed to be addressed. A major issue involved building setback in that the non-conforming structure, adjacent to North Broadway, encroaches into the 20' front building setback. In addition, existing fence encroaches into the landscape portion and front yard setback. Fences can only be placed at the property line on the sides and rear. (See pictures showing structure and fence at site.) Section 106-443 Table B -Commercial area. requirements stipulate minimum setbacks of 20' on the front, 10' on the rear, and 0' on the sides. Total lot coverage cannot exceed 40% maximum in GC district. Therefore, staff applied the same standards for the said protect. Using the City's setback standards, the submitted site plan does not meet the requirements. Staff offered the following options to the applicant: • Using N. Broadway as the dedicated front setback means building encroachment of 17-1$' & front yard fence encroachment as well. Staff suggested to utilize Madison as front setback in an effort to reduce the amount of non-conformities/encroachments; or