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Board of Adjustment Meeting <br />May 24, 2018 <br />Variance Request #18-93000001 <br />Applicable Code Provisions: <br />Section 106-791, stipulates the front yard area guidelines The following is an excerpt from that <br />section as applicable to this variance request (see highlighted): “No fences, structures, grading, <br />or barrier hedges shall be permitted within any front yard areas except in the case of <br />residential large lots, or in the case of lots with a front yard directly adjacent to the shoreline <br />of Galveston Bay, as provided in Section 106-792 (Residential large lots and lots adjacent to <br />Galveston Bay). <br />Analysis: <br />Section 106-192 of the Zoning Ordinance states that the term “variance” represents a deviation <br />from the literal interpretation of the code approved by the Board subject to the fact that <br />enforcement of the provisions of the code would cause an unnecessary hardship because of <br />circumstances unique to the subject property. The Board is authorized to grant a variance when <br />the Board finds that a number of criteria are met. The following table outlines those criteria and <br />staff’s analysis of those criteria. <br />Criterion: Staff Finding: <br />a.That the granting of the variance will notThe granting of permission for this fence <br />be contrary to the public interestnegatively effects the adjacent home’s <br />visability due to the obstruction that the <br />fence will cause. Site lines along street <br />frontage will be negatively impacted. <br />b.That literal enforcement of this chapterThere would be no hardship encoured from <br />will result in unnecessary hardship becausethe literal enforcement of Chapter 106-791. <br />of exceptional narrowness, shallowness, <br />shape, topography or other extraordinary or <br />exceptional physical situation unique to the <br />specific piece of property in question. <br />"Unnecessary hardship" shall mean physical <br />hardship relating to the property itself as <br />distinguished from a hardship relating to <br />convenience, financial considerations or <br />caprice, and the hardship must not result <br />from the applicant or property owner's own <br />actions. <br />c.That by granting the variance, the spirit ofBy definition, this request opposes the <br />this chapter will be observed.requirements of this chapter completely and <br />should be considered in the form of a waiver, <br /> <br />