11-29-12 Special Called Meeting of the Zoning Board of Adjustment

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Board of Adjustment November 29, 2012 #12-93000007 Page 3of 3 In viewing 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. However, staff finds no grounds to justify “…unnecessary hardship because of characteristics unique to the property, such as exceptional narrowness, shallowness, shape,topography, or other extraordinary or exceptional physical situation uniqueto the property in question.” Staff does find that the narrow cross-section of the abutting public roadway, justifies design accommodation. The Zoning Board of Adjustment’s final consideration is whether granting this request observes the spirit of the ordinance. Based on the facts noted in this report, the applicant’s request may not be contrary with the spirit of the ordinance, and may promote the health, safety and welfare of the general public. Conclusion : The application merits review by the Board based upon the parameters set by the Ordinance. The Board may consider: Granting the variance and allowing the 50’ wide drivewaywith 25’ radiusto remain in place. Denying the variance thereby causing reconstruction per the approved site plan. Appeals :As per Section 106-196 of the Code of Ordinances of the City of La Porte; 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 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 filing of the decision in the office of the Board of Adjustment.