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Board of Adjustment Meeting <br />August 25, 2016 <br />First Assembly of God Variance <br /> <br /> <br />Criterion: Staff Finding: <br />a. That the granting of the variance will not be The granting of the variance would allow the <br />contrary to the public interest applicant to <br />front property line. Most of the buildings along <br />East Fairmont are non-conforming in they do not <br />the worship building already on the property and <br />the accessory building to be torn down to allow <br />room for the new building. <br />b. That literal enforcement of this chapter will The building that the applicant desires is <br />result in unnecessary hardship because of approximately a they want <br />exceptional narrowness, shallowness, shape, to place it is <br />topography or other extraordinary or to abide by both front and rear <br />exceptional physical situation unique to the setbacks. That being said, there are areas on the <br />specific piece of property in question. property the building could fit in without need for <br />"Unnecessary hardship" shall mean physical a variance. The applicant could also redesign the <br />hardship relating to the property itself as structure to comply with the setbacks. <br />distinguished from a hardship relating to <br />convenience, financial considerations or <br />caprice, and the hardship must not result from <br />the applicant or property owner's own actions. <br />c. That by granting the variance, the spirit of this forming provisions <br />chapter will be observed. are to bring structures into compliance over time. <br />In this case, a nonconforming building would be <br />torn down and the intent of the code would be to <br />bring any new structures into compliance with <br />the setback requirements. <br /> <br />Appeal Procedure: <br /> <br />Any person or persons, jointly or severally, aggrieved by any decision of the board of adjustment, or any <br />taxpayer, or any officer, department, board, or bureau of the city may present to a court of record a <br />petition for a writ of certiorari, as provided by V.T.C.A., Local Government Code § 211.011, duly verified, <br />setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such <br />petition shall be presented to the court within ten days after the filing of the decision in the office of the <br />board of adjustment. <br /> <br />ATTACHMENTS <br /> <br />Exhibit A: Application, pictures and a conceptual site plan <br />Exhibit B: Area map <br /> <br />