07-28-05 Regular Meeting and Public Hearing Meeting of the La Porte Zoning Board of Adjustment MInutes

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Board of Adjustment October 27,2005 Meeting #SE 05-002 Page 2 of 4 The applicant's Special Exception request includes two choices: either central stairs or side stairs, subject to the Board's approval. In the first option, the central stairs will necessarily encroach on the 25' front building setback and approximately 5' of the new porch encroaches upon the front building setback. In addition, a 4' wide portion of the house and porch encroach the rear yard setback. The second option, with side stairs, shows 5' of porch necessarily encroaching upon the front building setback, and the stairs will be located to the south side. The situation in the rear yard will be the same as the first option. In reviewing the site plan, staff notes the proposed house is 28'5" back from the front property line (See Exhibit C). At this time, the applicant is asking the Zoning Board of Adjustment to consider reducing the City's standard twenty-five foot (25') front yard setback and fifteen foot (15') rear yard setback requirements to allow placement of the house and the construction of a 7'x 28'roofed-over front porch, stair and walkway in the front building setback (See Exhibit C). As per Section 106-771 of the City's Code of Ordinances, projection of stairs up to four feet into any front or rear yard shall not be considered as an encroachment. (See Exhibit D). Should the Board approve the applicant's request as submitted, the stairs will be located 7' off the front property line. The abutting lot requirement as referenced in Section 106-191(b)(2) does not exist; however, there are three (3) existing homes within the same block. The setbacks vary between the homes, and without a property survey of each one, the exact setbacks are unknown. The nearest house has a front yard encroachment. Staff s inspection of the entire block found two of the homes possessing a small front porch. Of these homes with front porches, one is approximately 10'-4" from the front property line, and the other is 12'-5" from the front property line. The remaining home on the block is approximately 13' back from the front property line. The applicant's proposed setbacks for the subject house represent an "average" of the various yard setbacks within the same block (See Exhibit E ). This exception is being requested under the following terms of Section 106- 191(b)(2) of the City's Code of Ordinances: .:. To deviate a front yard setback requirement where the actual front yard setback of any abutting lot does not meet the front yard requirement.