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Zoning Board of Adjustment <br />February 27, 2014 <br />Page 2 of 3 <br /> Except as otherwise prohibited, the Board is empowered to authorize a <br />variance from a requirement when the Board finds that all of the following <br /> <br />conditions have been met: <br /> <br /> <br />That the granting of the variance will not be contrary to the best public <br />interest. <br /> <br /> <br />That literal enforcement of the chapter will result in unnecessary <br />hardship because of exceptional narrowness, shallowness, shape, <br />topography or other extraordinary or exceptional physical situation <br />distinguished from a hardship relating to convenience, financial <br />considerations or caprice, and the hardship must not result from the <br /> <br /> <br /> <br />That by granting the variance, the spirit of the chapter will be observed. <br /> <br />Analysis <br />: Staff analyzed the surrounding area and based upon site inspections, the <br />following considerations are noted: <br /> <br /> <br />The subdivision in question was constructed many years prior to <br />annexation into the City of La Porte in 1989. Because Harris County <br />did not require front yard fence setbacks, several homes in the <br />subdivision are constructed with fences on or about the front <br />property lines. <br /> <br /> <br />The City is not aware of any restrictive covenants applicable to the <br />subdivision that would otherwise require fence setbacks. <br /> <br /> <br />The department has verified the claim of the applicant that numerous <br />homes within the subdivision have existing fences forward of the <br />front yard setback lines, including adjacent units. It appears to be a <br />common form of development circumstance within the subdivision. <br /> <br />In determining if granting the appl <br />public interest, Staff recognizes the family has issues related to previous <br />criminal activity occurring in the vicinity of the property. It is also <br />acknowledged that such activity when analyzed in connection with a special <br />needs individual, results in a unique need for additional security. <br /> <br />In viewing the specific grounds for granting a variance, however, staff points <br />-192. <br />of exceptional narrowness, shallowness, shape topography, or other <br />extraordinary or exceptional physical situation unique to the property in <br /> <br />