5-27-21 Regular Meeting of the Zoning Board of Adjustments

Browse Search

Zoning Board of Adjustments May 27, 2021 Variance #21-93000002 Section 106192 of the Zoning Ordinance states that the 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 Criterion:Staff Finding: a. That the granting of the variances will not be Granting this variance would not be contrary to the contrary to the public interest.interest of the surrounding single-family homes and would be consistent with other driveways along this nd portion of S. 2St. b. That literal enforcement of this chapter will The literal enforcement of this chapter would not result in unnecessary hardship because of generate an unnecessary hardship asdescribed in exceptional narrowness, shallowness, shape, the zoning code, nor would it prevent the applicant topography or other extraordinary or exceptional from constructing a driveway. physical situation unique to the specific piece of property in question. "Unnecessary hardship" shall mean physical hardship relating to the property itself as distinguished from a hardship relating to convenience, financial considerations or caprice, and the hardship must not result from the applicant or property owner's own actions. c. That by granting the variance, the spirit of this The requested variance does not meet the chapter will be observed.required threshold to consider this a hardship. 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