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Navasota Board of Adjustment approves variance to legalize porch at 905 Smith St.

2775871 · March 26, 2025
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Summary

On March 19 the Navasota Board of Adjustment approved a variance to allow a covered front patio that was built without a permit to remain at 905 Smith Street, requiring a 13-foot front setback variation from the 25-foot requirement. Municipal court had referred the matter after code enforcement opened a case.

Navasota Board of Adjustment members voted March 19 to approve a variance allowing a covered front patio that had been built without a permit to remain at 905 Smith Street.

The variance authorizes a 13-foot front setback along the eastern property line, varying from the zoning district's 25-foot front setback requirement. The request followed a code-enforcement case that was forwarded to municipal court and gave the property owner the option to seek Board of Adjustment approval to legalize the structure.

Planning staff told the board the encroachment measured 12 feet into the 25-foot front setback and that approving the variance would "bring the whole structure into compliance." Margaret Mary Addison, the property owner (listed on the application as Mary Margaret Garcia), said her family expanded the house to add an apartment for her mother and that the contractor built the extended porch without a separate permit. "We just assumed the porch was done under code," Addison told the board.

Staff also explained the site history: the primary house already sits inside the 25-foot setback, a smaller porch was added previously, and the most recent work extended that porch so the combined structure now encroaches further. Staff said city GIS mapping showed a sewer line under the patio on the map but cautioned the online utility map can be inaccurate in older parts of town and that there is no known utility conflict; staff said the apparent sewer-line placement was a "graphical mapping error." Notices were mailed to 69 adjacent property owners; staff reported one caller who asked only for clarification and said there was no opposition on file.

The board received the matter during a public hearing and heard from Addison and planning staff before Chair (Navasota Board of Adjustment) moved to approve the variance; the motion was seconded by Mr. Phillips and carried. The hearing record lists the property as 905 Smith Street, legally described as S 3460 Davis Subdivision, Block 1, Lots C and D.

Votes at a glance: the board approved the variance request for 905 Smith Street (motion moved by the Chair, seconded by Mr. Phillips; outcome: approved). The board also later voted to accept the November 2024 meeting minutes (motion seconded by Miss Pedatto; outcome: approved).

The Board closed the public hearing at 6:11 p.m. and completed the remaining routine business, including approval of meeting minutes, before adjourning.