12-29-11 Zoning Board of Adjustment

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Zoning Board of Adjustment December 29, 2011 Page 3 of 3 The final test is the most difficult and involves unnecessary hardship. Staff does not find the applicants request meets the physical hardship test, as there is nothing unique about his property. While safety should be paramount public interest, preserving historical character should also be considered. In order to conform to the current regulations, the fence along Roscoe and Lobit Streets need to be improved. Driveway along South Lobit shall be in conformance with the City's Driveway criteria and landscaping shall be installed to cover loss of green space near the Bay. Conclusion Variance Request seeps relief from building height for proposed accessory building in the rear yard, may not appear to be contrary to the City's Code of Ordinances. The circumstance, however, for the requested variance needs to be re- evaluated in that the request is not due to physical hardship imposed by the uniqueness of the property concerned. While the reasons for the variance relating to the height of the building do not strictly conforin to "physical hardship relating to the property itself" the building's intended use to parr boat, while on trailer otherwise be committed to open storage may be taken into consideration when rendering a decision.. The applicant's variance request appears to meet the spirit of the Ordinance. While recognizing the grounds for the request associated with the property, the Board could consider: Allowing an accessory building to be 19'6" in height, in excess of the 15' allowed by ordinance, to accommodate intended private storage of boat trailer (variance granted). Deny the variance for an accessory building to be 19'6" in height, over the limit allowed by the ordinance. ppe�als As per Section 106 -196 of the Code of `Or Ordinances of the City erf'La Porte: Any person or persons, Jointly or ser aggrieved by any decision cif the Board (rf Adjirstrraent, or any taxpayer, or any officer, departinent board or bureau of the city may present to a court of'record ea petition a vw t of cer•tiorar°i, as provided bj) V T.C.A., Local Government Code Section 11.011, drily verified, settingforth that such decision is illegal, in ivhole or in part, specifying the grounds of the illegahty% Vlach petition shall be presented to the court within tern clays after the filing of the decision in the office of the Board ofAdjustinent.