12-29-1994 Regular Meeing and Public Hearing

Browse Search

• • Page 2 of 6 Zoning Board of Adjustment Staff Report of 1/26/95 V95-001 The Zoning Ordinance empowers the Board to grant a variance only when it finds all the following conditions have been met: That the granting of the variance will not be contrary to the public interest. That literal enforcement of the Ordinance will result in unnecessary hardship because of exceptional narrowness, shallowness, shape, topography or other extraordinary or exceptional physical situation unique to the specific piece of property in question. "Unnecessary hardship" shall mean physical hardship relating to the property itself as distinguished from a hardship relating to convenience, financial considerations or caprice, and the hardship must not result from the applicant or property owner's own actions; and That by granting the variance, the spirit of the Ordinance will be observed. The Ordinance also states that "the applicant shall have the burden of proving to the Board that the foregoing conditions have been met". The following review of this request will include three components. They are as follows: Reasons for lot coverage limits. Nature and scope of the business proposed for the location in question. Conditions for variance approval as they apply to this request. Lot Coverage: The City's Comprehensive Plan was adopted for the purpose of providing long term goals and guidelines for development in a manner that will best serve the needs and interests of La Porte. The plan was developed over the course of several years. Development and adoption were done publicly in a manner that actively sought questions and comments. The documents that resulted from this process can be viewed as blueprints and tools for serving the best public interest of the City and citizens of La, Porte. A specific goal of the Comprehensive Plan is the "Fostering of Attractive and Convenient Development" (Vol. II, pp 2-13).