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Planning commission denies 0-foot setback variance for carport at 1212 Andrews Street

3626397 · May 29, 2025
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Summary

After public comment from the applicant describing medical and family hardship, the commission voted to deny a variance request that would have allowed a carport to remain at the property line in the Fourth Ward.

The Planning Commission denied a development-plat variance request for 1212 Andrews Street that would have allowed an attached carport to remain at the property line instead of meeting the 20-foot garage building-line requirement.

Staff recommended disapproval, citing the Fourth Ward's narrow historic street dimensions, the building-line purpose of protecting pedestrian safety and the conclusion that the applicant had not demonstrated mitigating improvements or hardship beyond self-imposed circumstances. Malcolm Oliver of the planning department presented the staff position.

Applicant Boris Sanchez addressed the commission and described medical and family reasons for keeping the carport, saying the structure had been used to shield a pregnant spouse and a medically vulnerable child from Houston heat and storms. "This carport became, more than just a cover for our cars. It became a shield for my family," Sanchez said. He appealed to the commission for compassion and argued that nearby new townhome developments had received variances that altered the neighborhood character.

Commissioners questioned the scope of the encroachment and whether the structure had been permitted; staff confirmed the carport extended to the property line and that construction had not complied with current garage-portal standards. After discussion, the commission voted to follow staff's recommendation and deny the variance.

Why it matters: The decision preserves the city's building-line standards in a historic, walkable neighborhood and underscores that medical hardship arguments do not automatically justify variances when they conflict with established ordinance safety goals.

Details and context: Staff said the existing home had a previous 17-foot setback for a garage-portal standard in place when built, but the current request would result in no setback. Oliver described the justification as largely self-imposed and said staff recommended disapproval. The applicant noted the house had been used to shelter the family during extreme weather and that his daughter is undergoing testing for a medical condition affecting temperature regulation.

The commission recorded a motion to disapprove the variance; the transcript records the vote as a voice vote with the chair calling for "All those in favor, say aye."