08-22-13 Zoning Board of Adjustment Meeting

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Board of Adjustment August 22, 2013 Page 3 of 3 Conclusion: The issues to consider are impact on neighboring property and the best public interest. In this case, it appears that the fence will serve to provide a uniform setback of adjacent properties and should not be injurious to the public. The applicants wish to construct the fence by obtaining a City building permit; however, staff is unable to issue a permit based on the conflict with the zoning regulations. In reviewing the specific grounds for granting a variance, however, staff points out that the condition, as it exists, "...is the result of the applicant or property owner's own actions..." contrary to the provisions of Section 106- 192. Staff finds 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." Security and safety of the property may be considered in this regard. The Zoning Board of Adjustment's final consideration is whether granting this request observes the spirit of the ordinance. Based on the facts noted in this report, the applicant's request may be contrary with the spirit of the ordinance, and may not compromise the health, safety and welfare of the general public. The application merits review by the Board based upon the parameters set by the Ordinance. The Board may consider: ➢ Granting the variance and allowing the fence to be constructed on the property line in the front yard setback. ➢ Denying the variance thereby denying placement of the fence in the front yard setback. Appeals: As per Section 106-196 of the Code of Ordinances of the City of LaPorte: 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 days after the filing of the decision in the office of the Board of Adjustment.