04-23-1991 Public Hearing and Regular Meeting ZBOA

Browse Search

page 2 of 3 Analysis: The applicant's request is based on the presence of other existing front yard fences on Canada street including one located on the "abutting lot (See Exhibit B)." The fences indicated on Exhibit B appear to be legally established non-conforming uses. They appear to have been in existence prior to annexation of this area. They have certainly been in existence since 1986. This is when the aerial photo in Exhibit B was taken. In the strictest sense, a front yard is defined as: ...a yard extending along the whole of the front line between the side lot lines and being the minimum horizontal distance between the front lot line and the front of the principal building or any projection thereof...(Section 3- 100, Definitions). The first determination to be made by the Board is whether an exception to fence setbacks is a reasonable application of Section 11-605. If the Board feels this is an appropriate use of the special exception provisions, the applicant's request does appear, due to the presence of an abutting front yard fence, to satisfy the condition of Section 11-605. The next consideration deals with impact on "value and use of neighboring property" should this request be granted. The Board must determine, based on testimony, public notice replies and knowledge of the Zoning Ordinance, what, if any, impact granting this request will have on the neighborhood. Staff's only comments regarding this issue, or the "best public interest" are one; that as noted on Exhibit B, the majority of homes on Canada Street already have front yard fences and two, the type of fence constructed by the applicant is very similar to other existing Canada Street fences. Conclusion: It must be noted that, should the Board grant the requested special exception, the applicant will still be obligated to obtain a building permit and meet all other applicable City of La Porte code and ordinance requirements.