05-24-07 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment

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Zoning Board of Adjustment June 28, 2007 #V 07-004 Page 2 of4 (10') and the standard conservation area setback shall be reduced from twenty feet (20') to ten feet (10'). This allows a combined 10' rear yard/conservation area setback (building) line from the water's edge. · Provide written authorization from the Army Corp of Engineers stating the project does not require any permitting from the ACE (i.e. Section 10, Waters). · Once the building footprint, along with "mean sea level" is shown on the survey, provide written authorization from the Texas General Land Office stating the project, as proposed, does not require any permitting from them. Special Exception #SE04-00 1 · Reduced setback shall not conflict with the maintenance of public utilities located within the property. · A utility easement shall be granted to the City. · In-ground piles and/or supports shall be located 15' back from the front property line while still allowing the proposed aerial deck to be located 10' from the front property line. However, after reviewing the above decisions, the previous owner found that it would be impossible to build a home and the deck as desired. Subsequently, the property was sold to the current owner. Last year, the applicant requested the Board consider granting a Special Exception for the entire property for reduction in the standard front yard setback requirement in order to construct a single-family dwelling, swimming pool, and detached garage. Unfortunately, due to the designated conservation area and narrow depth of the property, the yard setback reduction previously granted is insufficient for construction of a home and detached garage. The Board approved Special Exception #SE06-007, which reduces the standard front yard setback from 25' to 10'. The proposed house will be over 1,000 sq. ft. in floor area and 10' front setback along the Bayshore Drive and Oak Grove Avenue as well. The proposed house dimensions are 35'x 60' with a detached garage and 5' side yard setback (see plot plan). Now, the applicant has submitted a variance request, which asks for permission to build a detached garage in the side yard. Section 106-741 (c) prohibits placement of a detached private garage in the side yard when it abuts public street right-of-way. While considering this request, the Board may consider the entire property (home, pool, garage) to make the proposed project "viable."