03-23-95 Regular Meeing and Public Hearing

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• ~ Page 4 of 4 Boazd of Adjustment Staff Report of 7-6-95 #A95-002 The final consideration is the Boazd's mandate to protect the best public interest and to maintain the spirit and intent of the City's Zoning Ordinance and Comprehensive Plan. In regazds to this, staff would note the following: The fence and the applicant's home aze in keeping with the existing and intended chazacter of the surrounded neighborhood. The fence, as constructed will not prevent the applicant from maintaining his property in a manner that complies with applicable City Ordinance. The fence should have no detrimental effect on surrounding homes or properties. Based on these considerations, staff feels that this final criteria has also been satisfied. Conclusion: Based on the facts and considerations noted in the preceding report, staff finds that all ordinance prerequisites have been satisfied. We therefore recommend Boazd's approval of appeal of Enforcement Officer's Decision A95-002. Staff would however note that the fence was constructed without permit. Should the Boazd grant this appeal, a building permit must be obtained by the applicant. Staff would request that it be stipulated as a condition of approval, that the permit be obtained within ten (10) days of the rendering of the Board's decision. Staff would also note that because the fence was constructed without permit, the permit fee, as provided for by the Standard Building Code, will be doubled. Anneals: As per Section 11-610 of Zoning Ordinance 1501: Any person or persons, jointly or severally, aggrieved by any decision of the Boazd of Adjustment, or any taxpayer, or any officer, department, boazd, or bureau of the City of La Porte may present to a court of record a petition for a writ of certiorari, as provided by Vernon's Texas Codes Annotated, Local Government Code, Section 211.011, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten (10) days after the filing of the decision in the office of the Boazd of Adjustment.