12-04-08 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment

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Staff Report January 22, 2009 Variance Request #V08-008 Requested by: Requested for: Location: Zonin2: Back2round: Analvsis: William E. Dickerson (Property Owner) Lot 22, Block 2, Spencer Landing Section 2, La Porte, Harris County, Texas. 327 Spencer Landing East Low Density Residential (R-I) The subject property is located at the northwest comer of Spencer Landing East and Spencer Landing Lane in Spencer Landing, Section 2. Harris County Appraisal District records show the land area as 6,500 square feet with a one-story brick and frame house. The primary residence has 1,784 square feet of living area, which was built in 1999. After Hurricane Ike, the applicant constructed a new rear and side yard fence that exceeds the maximum allowable height limits. The applicant constructed the fence in accordance with the Covenants, Conditions and Restrictions for Spencer Landing Subdivision which state," No side or rear fence, wall, or hedge shall be more than eight (8) feet high. All fences must be constructed of ornamental iron, wood, or masonry at least six (6) feet in height." However, Section 106-793 of the City's Code of Ordinances states, "... fences of not higher than six feet excluding six-inch rot board shall be permitted within side yards and rear yards." The applicant, subsequent to a code enforcement violation notice, applied for a variance to allow the current fence with a height of eight (8) feet to remain in place. Section 106-192(b)(I), of 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 106-1 defines fence as ".. . the manrnade structural barrier erected on or around a piece of property." 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. .:. That literal enforcement of the chapter will result in unnecessary hardship because of exceptional narrowness, shallowness, shape, topography or other extraordinary or exceptional physical situation unique to the specific piece of property in question.