11-06-08 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment

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Staff Report December 04, 2008 Variance Request #V08-007 Requested by: Requested for: Location: Zonine:: Back2round: Analvsis: Sheila and Clayton Verdin (Property Owners) Lot 19, Block 2 of Spencer Landing Section 1, Amending plat, Film Code No. 411005, M. R. H.C., La Porte, Harris County, Texas. 326 Spencer Landing West Low Density Residential (R-l) Harris County Appraisal District (HCAD) records show that this property was developed for a single-family residence in 1998. This is a two story brick and frame house with a total living area of2,147 sq.ft. Total land area equals 7,123 sq.ft. and lot is located at the southeast of Spencer Landing West and Spencer Landing Lane adjacent to the detention basin. The lot has a 5'x20' Aerial Easement plus a 16' Utility Easement in the rear yard. The applicants have submitted a construction plan for a patio slab (30' wide and 25'deep) in the rear yard to the City's Inspection Division. Upon inspection, a City of La Porte violation was issued as the patio slab was extended into the 16' utility easement within the property's rear yard. Based on the information received from the applicant, it was initially determined that cement slab/patio would stop by the building line shown on the survey. Additional survey work/inspection was done to determine if the slab/patio encroaches into the utility easement. After checking the frame work and measuring distances, it was determined that the patio/slab encroaches 6' 3" on the 16' utility easement in the rear yard. Per City's Code of Ordinance, Section 106-771, yard requirements (2) (3), see Exhibit C "no portion of any terraces, decks, and patios shall encroach into any utility easement". This variance requests seeks to allow the current construction of patio slab to remain at the 6' 3" line encroachment into the 16' utility easement in the rear yard. Section 1 06-1 92(b )(1), in the Code of Ordinances, defines a variance as a deviation from the 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 to the property on which the variance is granted Section 106-771 states that any encroachment of the utility easement shall be prohibited. Except as otherwise prohibited, the board is empowered to authorize a variance 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.