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.. • <br />Staff Report <br />Page 2 <br />ANALYSIS: <br />• <br />Zoning Ordinance, Section 11-604.3 empowers the Board of Adjustment to grant <br />appeals only when it finds that all of the following conditions have been met. <br />That there is a reasonable difference of interpretation as the specific intent <br />of the zoning regulations or zoning map, provided the interpretation of the <br />enforcement officer is a reasonable presumption and the zoning ordinance is <br />unreasonable. -. <br />That the resulting interpretation will not grant a special privilege to one <br />property inconsistent with other properties or uses similarly situated. <br />The decision of the Board must be in the best interest of the community and <br />consistent with the spirit and interest of the City's zoning laws and the <br />Comprehensive Plan of the City of La Porte. <br />Regarding the first of these conditions, there is no reasonable difference regarding <br />interpretation of Zoning Ordinance intent. The requirements regarding setbacks are clearly <br />spelled out. The Building Official's decision to deny the permit was based on the clear <br />intent of the Zoning Ordinance to prohibit setback encroachments. The question to be <br />examined is whether the Zoning Ordinance intent, as applied _to this specific request is <br />reasonable. <br />Regarding this question, staff would note the following. <br />. Except for one corner, the slab meets all setback requirements. <br />. The portion of the slab encroaching is intended for a garage. The <br />setback from property line is adequate to accommodate an adequate <br />driveway, that in conjunction with the garage will satisfy all off street <br />parking requirements. <br />The actual distance from the corner of the slab to the edge of <br />pavement is approximately 35 feet. <br />. The slab has been inspected and certified as sound by a registered <br />engineer. <br />