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• <br />LJ <br />Tvne of Reg_uest: <br />Requested For• <br />~eLq. ste Bv: <br />Property Zon e <br />Background- <br /> <br />Appeal of Enforcing <br />Section 5-700, Table <br />Ordinance ~~1501 <br />• <br />Officer's Decision regarding <br />B (side yard setbacks) of <br />525 South 7th Street <br />Block 115, Lots 11-16, La Porte Tract <br />R. T. Sims, owner <br />R-1, Low Density Residential <br />Mr. Sims has constructed a carport that is attached to the side <br />of his house located at 525 South 7th Street (see Exhibit A). As <br />indicated on Exhibit A, the carport not only exceeds the ten feet <br />(10') side yard setback required by ordinance, (see Exhibit B), it <br />also encroaches four feet, six inches (4.5') into the adjacent West <br />"E" Street right of way. The City did not permit the construction of <br />this carport. <br />On May 16, 1988, after inspecting this structure, City Inspector <br />Mark Lewis contacted Mr. Sims and advised him regarding the problems <br />relating to this job, specifically, no building permit and failure to <br />meet zoning ordinance setback requirements. At Mr. Lewis' request, <br />the City's survey field crew verified the West "E" Street right of way <br />boundaries in relation to this structure (Exhibit A). <br />On May 19, 1988, Mr. Lewis mailed the attached notices of <br />violation and explanatory letter to Mr. Sims (see Exhibits C-1, C-2, <br />C-3). The notices of violation gave Mr. Sims ten days to abate the <br />violation by removing the carport and obtaining a building permit for <br />any remaining portion of the structure that complied with setback <br />requirements. <br />On May 25, 1988, Mr. Sims applied for a building permit (see <br />Exhibit D) for the total structure. This permit application was <br />denied by Mr. Lewis. Subsequent to denial, Mr. Sims filed this appeal <br />as provided for by Section 11-604 of Ordinance ~~1501. <br />Appeals to the Board of Adjustment are provided for as follows: <br />Section 11-604 Appeals to Board of Adjustment <br />• <br />Appeals to the Board of Adjustment may be taken by any person <br />aggrieved or by any officer, department or board, of the City <br />of La Porte affected by any decision of the enforcement <br />officer. Such appeal shall be taken within thirty (30) days <br />as provided by the rules of procedure of the Board of <br />Adjustment, by filing with the enforcement officer from whom <br />the appeal is taken specifying the grounds thereof. The <br />enforcement officer from whom the appeal is taken shall <br />forthwith transmit to the Board of Adjustment all papers <br />