12-14-1989 Public Hearing and Regular Meeting

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~, • VARIANCE REQUEST #V90-001 PAGE -3- 3. That by granting the variance, the spirit of the Ordinance will be observed. The applicant contends that since the subdivision design conformed to all City requirements at the time of plat recording, requiring "strict conformity" to the current setback requirements or Ordinance 11501 would cause an "unnecessary hardship". Shou the Board agree with this argument, granting t e requested variance would be appropriate so long as the variance is also found to observe the "spirit of the Zoning Ordinance" and "not be contrary to the public interest." The best public interest must be determined by the Board based on their knowledge of the City of La Porte and testimony taken from the applicant and concerned citizens. Regarding the "spirit of the Zoning Ordinance," paragraph one of Zoning Adoption Ordinance 1501 states: • "' WHEREAS, the City Council of the City of La Porte deems it necessary in order to lessen congestion on streets; to secure safety from fire, panic, and other dangers; to promote health and the general welfare; to provide adequate ,light and air; to prevent overcrowding of land; to avoid undue concentration of. population; to facilitate the adequate provisions of transportation, water, sewage, schools, parks and other public requirements; to conserve the value of property and encourage the most appropriate use of land throughout the City, all in accordance with a comprehensive plan. This variance, if granted, must not be contrary to any of the stated goals contained within the above paragraph. If the Board finds the above goals to be satisfied by the request, the variance may be deemed to be in keeping with the spirit of the Ordinance. CONCLUSION: The applicant's claim of unnecessary hardship appears reasonable. The requested variance, to reduce setbacks adjacent • to sideyard utility easements to zero (0) feet, is therefore eligible for consideration.