07-28-11 Zoning Board of Adjustment

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Board of Adjustment July 28, 2011 . Page 3 of 3 ,, , t In reviewing the specific grounds for granting a variance, however, staff points out that the condition, as it exists, "...is the result of the applicant or property owner's own actions..." contrary to the provisions of' Section 106- 192. Staff finds no grounds to ,justify "...uiuneecssaiy hardship because of exceptional narrowness, shallowness, shape topography, or other extraordinary or exceptional physical situation unique to the property in question." Security and safety of the children & property may be considered in this regard. The Zoning Board of Adjustment's final consideration is whether granting this request observe the spirit of the ordinance. based on the facts noted in this report, the applicant's request may be contrary with the spirit of the ordinance, but may promote the health, safety and welfare of the users of these lots. The application merits review by the Board based upon the parameters set by the Ordinance. The Board may consider: 1. Variance Request i #11 -93{100044 Granting the variance and allowing the fence on the property line in the front yard setback. Denying the variance thereby denying construction of the fence in the front yard setback. 2. Variance Request #11- 93000005 Granting the variance and allowing the fence on the property line in the front yard setback. Denying the variance thereby denying construction of the fence in the front yard setback:. Tpeals As per Section 106_.196 of the Code of Ordinances of the City of LaPorte: 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 wait of certiorari, as provided by .T.C.A., Local Govern nnent Code Section 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 tiling of the decision in the office of the Board of Adjustment.