Board approves barndominium and accessory-dwelling petition with 40-foot setback near Walker Lake

The La Porte Board of Zoning Appeals approved two related petitions Thursday from property owner Roy Regalado to build a large accessory building (a barndominium) with living quarters, but the board rejected the request to shrink the east side setback to 7 feet.

Regalado, represented by attorney Dave Pampers, asked for four things: (1) an increase in the maximum accessory building area to 2,550 square feet; (2) an increase in maximum detached accessory-building height from 18 feet to 28.5 feet; (3) a reduction of the east-side minimum yard setback from 40 feet to 7 feet; and (4) a use variance to allow living quarters (an accessory dwelling unit) inside the detached accessory building. The site lies within the Waterfront View Protection Overlay District, which sets side-yard setbacks as a percentage of lot width and aims to preserve adjacent properties’ lake views.

Planning staff recommended approval of the requested building size (2,550 sq ft) and increased height (28.5 feet) and recommended approval of the accessory-dwelling use variance, but staff recommended denial of the requested 7-foot east-side setback. Staff’s suggested condition was that the accessory building be no closer to the lake than the house on the adjacent property to the east and that exterior materials match residential standards listed in section 14 o 1 a 1 b.

Caleb Regalado spoke for the family and described the neighbors’ concerns: privacy impacts, direct sight into living areas and the master bathroom from an east-side building, and potential loss of west-facing sun and lake views. He said the family was willing to accept the staff compromise — approving building size and height while maintaining a 40-foot setback — to preserve privacy and views.

Staff and the petitioner discussed siting alternatives; staff said the applicant could still build a similarly sized structure on the property if it met the 40-foot setback, noting the parcel is roughly 12.63 acres (approximately 2.5 acres of upland). The board agreed with staff’s recommendation to preserve the 40-foot side-yard setback to protect the neighbor’s view corridors, and then voted separately to approve the development-standard requests (size and height) with the 40-foot setback and to approve the use variance allowing a dwelling within the detached accessory building.

Approval conditions recorded during the hearing required that the accessory building not be located any closer to the lake than the adjacent house to the east and that exterior materials be customarily used on site-built residential dwellings (per section 14 o 1 a 1 b). The board also made clear that the applicant must comply with standard building-permit review and siting requirements before construction.