11-12-13 Zoning Board of Adjustment Meeting

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Board of Adjustment November12, 2013 Page 3 The Board is charged with decidingif the applicant’s request to have rear building setbacks at 11.2’ instead of 15’ per Code of Ordinancesis reasonableand whether all of the aboveconditions have been met. The applicant believes that imposing current setbacks will voidthe contract and may cause potential lossof these homes in the subdivision.The applicant requests that the Board recognize this as a hardship. Conclusion :Variance Requestseeksreduction of 3.8’rearbuilding setback for Lots 53, Block 2,Lakes at Fairmont Greens, Section 1, contrary to the City’s Code of Ordinances. The circumstances, however, for the requested varianceisdue to the property owner’s own action.Physical shape, width and depth of these lots do not present any situation unique to the property. The applicant’s variance request does not appear to meet the spirit of the Zoning Ordinance. The Board mayconsider: Granting the variance and allow a reduction of 3.8’ on the rear building setback line. Denying the variance thereby denying constructionof the building encroaching upon the rear buildingsetback. 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.