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<br />Chairman Wilson and~mbers of the Commission 4t <br />Ci ty of LaPorte . " <br /> <br />Page 18 <br /> <br />City Council of the City of La Porte, and the proposed ordinance. <br />Removal of this section from the Ordinance would not remove the <br />requirement, since this ordinance section correlates Zoning <br />ordinance requirements to existing building code requirements, <br />so that builders will have every opportunity to know that the <br />requirement exists, and so our zoning regulations are clear and <br />consistent with our building code regulations. <br /> <br />ANALYSIS: Leave this section of the ordinance as is. <br /> <br />35) Section ll-606(2)(c)(2): <br /> <br />Citizen comments indicate that the definition of lIunneccessary <br />hardships II, as defined, be changed to include economic hardship <br />as well as physical hardship. State law and court cases clearly <br />and repetitively specify that lIunneccesary hardshipll shall mean <br />physicial hardship relating to the property itself as distinguished <br />from hardship relating to convenience, financial considerations <br />or caprice and that the hardship must not result from the applicant <br />or property owner's own actions. The City of La Porte would <br />adopt an ordinance that is not consistent with State Law and <br />court decisions if this definition was changed to include mere <br />economic hardship. <br /> <br />ANALYSIS: This section of the ordinance should remain as is. <br /> <br />36) Section 11-612: <br /> <br />Citizen comment recommends that an applicant who is denied a <br />variance, special exception or appeal would not be able to reapply <br />for a new variance, special exception, or appeal from a determina- <br />tion of the zoning administrator from the board of adjustment <br />for a period of six months after the original denial. This <br />would change the proposed zoning requirement that would deny <br />reapplication for a period of one year from the date of the <br />original denial. Current Ordinance 780 provides that there <br />should be no reapplication for a period of one yea~ from the <br />date of original denial. This provision has not caused difficulty <br />and has not been a problem in the past. Shorting the period <br />from one year to six months might make this ordinance section a <br />problem due to increased work load on the board of adjustment <br />and city staff. <br /> <br />ANALYSIS: Leave this section of the ordinance as is. <br /> <br />37) R-3 Zone: <br /> <br />Citizen input indicates that the high density residential zone <br />in the proposed Ordinance is not necessary, particularly since <br />there might be cases in which these districts would be adjoining <br />traditional low density single family detached residential zones, <br />