03-03-16 Special Called Zoning Board of Adjustment Meeting

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Board of Adjustment Special Called Meeting March 3, 2016 Lemon House Variance b. That literal enforcement of this chapter will These lots have been platted in their current state result in unnecessary hardship because of since 1911 as part of the Sylvan Beach First exceptional narrowness, shallowness, shape, Subdivision Final Plat. Lots 19 and 20 were topography or other extraordinary or platted and comply with the minimum exceptional physical situation unique to the requirements in terms of lot width and area. specific piece of property in question. However both lots are platted to front Grove. The "Unnecessary hardship" shall mean physical exceptional hardship that could be argued is the hardship relating to the property itself as location of the house and accessory building on distinguished from a hardship relating to the southern portion of the lot. The location of convenience, financial considerations or these structures dictate the placement of the caprice, and the hardship must not result from property line, which does not allow for the the applicant or property owner's own actions. applicant to comply with the minimum lot size and area for the northern lot. Additionally, as it currently exists, there are two primary structure on the lots that both front Bayshore. The proposed variance package would allow the applicant to demolish one of the structures (and its accessory building) and construct a new house in its place. c. That by granting the variance, the spirit of this nonconforming provisions chapter will be observed. are to bring structures into compliance over time, but due to the depth of these lots they will never be compliant without the purchase of extra property or rearranging the current configuration of existing primary and accessory buildings. Appeal Procedure: 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 § 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. ATTACHMENTS Exhibit A: Application and site plan for the proposed improvements Exhibit B: Area map