09-22-11 Zoning Board of Adjustment

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Zoning Board of A( jtistrnent September 22, 2011 Page 2 of 2 Conclusion: d. That literal enforcement of the chapter will result in unnecessary hardship because of exceptional narrowness, slaallo'%vness, 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 caprice, and the hardship roust not result from the applicant or property owner's own actions; and �:• That by granting the variance, the spirit of the chapter will be observed. In determining if granting the applicant's request would be contrary to the public interest, Staff recognizes that the development of the deck may not create a visual obstruction issue with the adjoitring properties. A survey of surrounding properties shores that this non-compliance with the ordinance is common to the neighborhood. In viewing the specific grounds for granting a variance, Staff points out that the condition, as it exists, was the "...result of the applicant or property owner's own actions..." contrary to the provisions of Section 106-192. We also find no grounds to justify "...unnecessary Hardship because of exceptional narrowness, shallowness, shape topography, or other extraordinary or exceptional physical situation unique to the property in question." This property represents a typical example of standard lots on the curare within subdivisions throughout the City. Variance Request #V 11-93000009, which seeks a variance for Pover the height limit, by allowing proposed deck with handicapped ramp to build in the front yard, is contrary to the provisions of the Code of Ordinances. In addition, the parameters for the requested variance appear to meet the provisions established by Section 106-192. While recognizing the circumstances associated with the physical situation of the property owner, the Board could consider: Allowing a deck to be built two foot high, over the height limits (variance granted). Allowing the owner to comply Nvith the requirement of the ordinance (variance denied). Appeals: As per Section 106-1.96 of the Code of Ordinances of the City of La forte: Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment, or any, taxpayer, or any officer, department, board or bureau of the city may present to a court of record a petition for a writ of certiorari, as provided by V.T.C.A., Local Government Code Section 211.011, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten clays after the filing of the decision in the office of the Board of Adjustment.