06-25-09 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment minutes

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Staff Report August 27, 2009 Variance Request #V09-004 Reauested by: Reauested for: Location: Zonine:: Backe:round: Analvsis: Susan Crippen (Property Owner) c/o Altura Homes Lot 24 & E 31 ft. oflot 23, Block 1, W. P. Harris Survey, Abstract 30, La Porte, Harris County, Texas. 410 Bay Colony Drive Low Density Residential (R -1 ) The subject property is located in southeast La Porte in the vicinity of the Houston Yacht Club. Harris County Appraisal District records show the land area as 10,602 sq. ft. The property is zoned low-density residential, where a single-family home is a permitted use. Required building setbacks are front 25' , rear 15', and sides 5'. Altura Homes is building a home for the applicant at 410 Bay Colony Drive as per original floor plan and elevations submitted and approved by the City. However, the front stair system erected at site was not represented on the original plot plan. In fact, as built stair case is extended 10'9" into the front yard setback. Section 106-771 of the City's Code of Ordinances allows steps/stairs up to four (4) feet into front yard setback. The stair case, as erected, is 6'9" beyond the permitted front yard requirement, leaving only 15' wide front yard along Bay Colony Drive. The applicant, subsequent to a violation notice, applied for a variance to allow the stair case to remain in place. Section 1 06-192(b)(1), 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 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. "Unnecessary hardship" shall mean physical hardship relating to the property itself as distinguished from a hardship relating to convenience, financial considerations or