12-19-1996 Public Hearing and Regular Meeting of the La Porte Planning and Zoning Commission

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• • 2 1) The Planning and Zoning Commission of La Porte, as appointed and established by the City Council of La Porte, is designated the Appeal Board and shall hear and render judgement on requests for variances from the requirements of this ordinance. 2) The Appeal Board shall hear and render judgement on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforecemnt or a~minict~hon of this Ordinance. 3) Any person or persons aggrieved by the decision of the Appeal Board may appeal such decision in the courts of competent jurisdiction. 4) The Floodplain Administrator shall maintain a record of all actions involving an appeal and shall report variances to the Federal Emergency Management Agency upon request. 5~ Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this Ordinance. ~ Variances may be issued for new construction aad substantial improvements to be erected on a lot of one-half acre or less in size continuous to and surrounded by lots with exsting structures constructed below the base flood level, providing the relevant factors in Section C (2) of this Article have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases. 'n Upon consideration of the factors noted above the intent of this Ordinance, the Appeal Board may attach such conditions to the granting of variances at it deems necessary to further the purpose and objective of this Ordinance (Article 1, Section C). - 8) Variances shall not be issued within any designated flovdway if any increase in flood levels during the base flood discharge would result. 9) Prerequisites for granting variances: a. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. b. Variances shall only be issued upon, (i) showing a good and sufficient cause; (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or Ordinances. c. Any application to whom a variance is granted shall be given written notice that the structwre will be permitted to be built with the lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting rom the reduced lowest floor