11-20-2003 Regular Meeing and Public Hearing of the La Porte Planning and Zoning Commission

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SCU03-004 January 15, 2004 Page 2 of 4 The above constitutes a deviation from the provisions of the Zoning Ordinance. The City's Zoning Board of Adjustment is empowered to determine if a variance would observe the spirit of the law. The applicant approached to the Zoning Board of Adjustment On December 4, 2003, the La Porte Zoning Board of Adjustment met to consider a Variance request for the purpose of constructing an accessory structure in excess of 2,000 square feet of floor area on the subject property. The Board approved Variance #V03-005, with the following provisions in place: ■ Accessory building must be located at the minimum of thirty -feet (301) behind the rear of the primary structure, as required by the City's Code of Ordinances. The building must be set back at least 100 feet from the rear and side property lines. ■ Assure that the proposed structure is not visible from the neighboring residential properties to the south. ■ Ensure that tree line will be preserved for at least 100' from the side and 150' from the rear property line. Analysis: The Zoning Ordinance Section 106-217 establishes the following review criteria and conditions for approval of Special Conditional Use Permits: • That the specific use will be compatible with and not injurious to the use and enjoyment of the other property, nor significantly diminish or impair property values within the immediate vicinity. • That the conditions placed on such use, as specified in each district, have been met by the applicant. • That the applicant has agreed to meet any additional conditions imposed, based on specific site constraints necessary to protect the public interest and welfare of the community. In addition to performance standards, there are a number of development standards that are specified by the Zoning Ordinance. These standards are applicable to all P.U.D. developments. Section 106-659 of the Code of Ordinances establishes the following criteria for review of the development projects within a P.U.D. zoning district: