11-07-1989 Meeting - Laserfiche WebLink

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Board of Adjustment Minutes of 11-7-89 Page 2 of 5 • back on the lot in an area that's approximately even with the construction of the other barns in the neighborhood, so that this barn does not exist closer to the road than the house. It is our No. 1 fear that the construction of this 2,000 sq. ft. metal building in a zoned residential area will invite the encroachment of commercial activity in the area because it is a commercial adaptable building, much more readily commercial adaptable than the residents in the neighborhood. We also fear because of the type of equipment, the type of other things that could be stored in this building that it could create afire hazard because it is to be built according to the permit very close to another building. We also fear that it will cause additional drainage problems in the neighborhood, specifically to a neighbor who fears that the construction of this building will cause the water to sheet across this property and into his garage. There is a letter, that I' m sure you are aware of , written by your Fire Marshall , that states "the building violates the fire code for the City of La Porte because it would be built more than 500 ft. from the existing fire hydrant" and would be then unprotected and would be in violation of specific illegality under the ordinances of the City of La Porte. We would offer this compromise, we feel that building it in the rear of the lot would accomplish a number of things, No. 1, it would not be built in such an area that would adversely affect at least as much of the drainage in the neighborhood, it would not be the fire hazard that it would be if it was built next to the house and further it would not invite the commercial encroachment into this neighborhood as it would if it were built close to the road. I would suggest that if the Board would amend the building permit to allow Mr. Couch to build this building on the back of his lot that we would have no objection to it at that point." Assistant City Attorney John Armstrong stated that the Board of Adjustment in dealing with situations has the authority and power to reverse, alter or affirm the decision of the Building Official, in exercising that power the Board of Adjustment has no greater power or authority than the Building Official. The Board of Adjustment could only approve a compromise that would put the building further back than it is. The Building Official does not have the authority to require a building be set back beyond the limits of our ordinance. However, if the permit applicant, Mr. Couch, were to agree to such a move the Board could enter that on the record and accept the compromise.