11-29-07 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment

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Staff Report February 28, 2008 Variance Request #V08-001 Requested by: La Porte Petroleum Corp. (owner) Naved Anwar c/o Geo Environmental Consultants (representative) Requested for: Waiver from the City's current commercial area requirements Location: 3209 South Broadway (Old Highway 146) Lee:al Descriotion: Lot 15 & 57.9' oflot 16, Block 2, Bay Oaks, W. P. Harris, Abstract -30, La Porte, Harris County, Texas. Zonine:: Neighborhood Commercial (NC) Backe:round: This is an existing convenience store and gas station located at the northeast of Bay Oaks Drive and South Broadway. Harris County Appraisal District (HCAD) records show that a 2,000 sq. ft. building was built in 1973. This area was annexed to the City of La Porte as a part of Municipal Utility District (MUD). The subject property has pre-existing and non-conforming lots of records. The City's Code of Ordinances direct staff to reduce/eliminate non-conformities as individuals request changes or redevelopment of project sites. Initial request is for a pre-existing and non-conforming fuel canopy to be enlarged from 500 square feet to 1,000 sq. ft. The proposal to replace pre- existing, non-conforming gas canopy with a larger canopy would increase the degree of non-conformities rather than reducing. The larger canopy would encroach minimum ten feet into the required front setback and the existing canopy is encroaching four feet into front setback. In addition, the larger canopy would also create a new traffic situation for existing insufficient parking at site. The pre-existing convenience store building is adjacent to residential area in the rear. Keeping in view of all these non- conformities including landscaping and driveway issues, staff is unable to authorize the initial request. On January 23, 2008, staff received a preliminary site plan for the proposed development. Using the City's commercial area regulations, the submitted site plan does not meet the requirements. Staff offered the following options to the applicant: 1. Rearrange the parking layout at front of the store from head-in parking to angle (450 or 600) parking. As cars parked in the existing spaces will not be able to back out of a space if the City allows an installation of larger canopy at site. A car parked at the gas dispenser shall prevent an individual in the head-in space from backing out of the parking space safely.