01.26.2023 ZBOA Meeting Packet - Laserfiche WebLink

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Zoning Board of Adjustments January 26, 2023Variance #22-93000007 Analysis: The applicant seeksapproval of a single variance that would allow for the current non- conformingfence located in the front yard to be permitted. The fence locatedwithin therequired front yard isnot permitted perThe fence requirements arein place to ensure uniformity throughoutthe City of La Porte. Section 106 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 beGranting this variance wouldnot have a significant contrary to the public interest.impact on the adjacent residential properties. b.That literal enforcement of this chapter willNo official hardship has been identified at this time. result in unnecessary hardship because of exceptional narrowness, shallowness, shape, topography,or other extraordinary or exceptional 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 actions. c.That by granting the variance, the spirit of thisThe spirit of this chapter willbe upheld if the chapter will be observed.variance is granted. 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 thedecision in the office of the Board of Adjustment. ATTACHMENTS Exhibit A:AreaMap Exhibit B:Zoning Map Exhibit C: Land Use Map Exhibit D:Application 7