9-30-21 Regular Meeting of the Zoning Board of Adjustments

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Zoning Board of Adjustments September 30, 2021 Variance #21-93000004 The required setback is in place to ensure the foundation of the home structure is not compromised during or after the construction of the pool. The applicant has submitted a letter from a licensed PE outlining the safety measures that will be put in place in order to ensure the pool construction does not compromise the integrity of the home structure foundation. Section 106 from the literal interpretation of the code approved by the Board subject to the fact that enforcement of the provisions of the code would cause an unnecessary hardship because of circumstances unique to the subject property. The Board is authorized to grant a variance when the Board finds that a number of criteria are met. The following table outlines those criteria and of those criteria: Criterion:Staff Finding: a. That the granting of the variances will not be Granting this variance wouldnot have a significant contrary to the public interest.impact on the adjacent residential properties. The backyard is adjacent to an existing street and the pool will be setback at least fourteen (14) feet from the rear property line. b. That literal enforcement of this chapter will The literal enforcement of this chapterhas the result in unnecessary hardship because of potential togenerate an unnecessary hardship as exceptional narrowness, shallowness, shape, described in the zoning code, due to the presence topography,or other extraordinary or exceptional of the fourteen (14) foot utility easement running physical situation unique to the specific piece of along the rear of the property. Traditional property in question. "Unnecessary hardship" easements are sixteen (16) feet and are shared shall mean physical hardship relating to the between adjacent property owners (8 feet on each property itself as distinguished from a hardship side). relating to convenience, financial considerations, or caprice, and the hardship must not result from the applicant or property owner's actions. c. That by granting the variance, the spirit of this The spirit of this chapter will be upheld if the chapter will be observed.variance is granted. Appeal Procedure: Sec. 106196. Appeals from the board of adjustment. 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 (10) days after the filing of the decision in the office of the Board of Adjustment. ATTACHMENTS Exhibit A: Area Map Exhibit B: Zoning Map Exhibit C: Land Use Map Exhibit D: Application 7