03-13-1986 Regular Meeting ZBOA (2)

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.. .. .. CITY OF LA PORTE INTER-OFFICE MEMO TO: Planning and Zoning Board of Adjustments FROM: D. A. Paulissen, Zoning Administrator DATE: 03/10/86 SUBJECT: Front yard fence request B. G. Contreras Jr. The City has received a request for a variance to build a front yard fence from Mr. Bennie G. Contreras Jr. of 11803 Plainbrook in La Porte. The property is described as lots 11, 12, 27, & 28 Pinegrove Valley Subdivision. The request does not meet the hardship requirements for a variance and should be denied. Mr. Contreras has actually a two part request outlined below: 1. Allow a front yard fence on the property facing Plainbrook adjacent to his home; 2. Allow a fence to be built to the rear property lines that in the case of this through lot situation front on Sunset Ridge. Both of these situations are prohibited by the current ordinance. Item 1 above is prohibited under section 13-205-(3) Fences: "Front yard fences will not be permitted,...." Item 2 is prohibited by section 7-159 Lot, Through. A "through lot" is a building lot not a corner lot, both the front a rear lot lines of which adjoin street lines. On a "through lot" both street lines shall be deemed front lot lines. The zoning ord inance language tracks State law spec ifically in this s i tua t ion and requ i res the proof of a ha rd ship before a variance may be granted. A hardship is a situation where the parcel of land is of such unusual topography or restricted area and shape that it cannot be appropriately developed without such modification. Self imposed or financial hardships may not be considered as grounds for a variance. The front yard fence issue has and will be discussed in the adoption process of the new proposed zoning ordinance. Based on the above discussion, staff must recommend the denial of this request.