07.28.2022 ZBOA Meeting Packet - Laserfiche WebLink

Browse Search

Zoning Board of Adjustments July 28 , 2022 Variance #22-93000003 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 e criteria: Criterion:Staff Finding: a.That the granting of the variances will not beGranting this variance wouldnot have a significant contrary to the public interest.impact on the adjacent residential properties. The backyard is adjacent to an existing detention pond and amenity trailand the pool will be setback at least fourteen (14) feet from the rear property line. b.That literal enforcement of this chapter willThe literal enforcement of this chapterhas the result in unnecessary hardship because ofpotential togenerate an unnecessary hardshipas exceptional narrowness, shallowness, shape,described in the zoning code, due to the presence topography,or other extraordinary or exceptionalof the fourteen (14) foot utility easement running physical situation unique to the specific piece ofalong 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 thebetween adjacent property owners (8 feet on each property itself as distinguished from a hardshipside). 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 thisThe 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