07-06-95 Regular Meeing and Public Hearing

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• • Page 4 of 6 Zoning Board of Adjustment Minutes of July 6, 1995 Mr. Lewis noted there was an existing corral style front yard fence on the property. The owners removed the old fence and began construction of a new one. This was done without obtaining a permit. A City Inspector discovered the fence under construction. Mr. Lewis noted the debris from the old fence had already been removed and there was no sign there had ever been a previous fence when the Inspector was there. The Inspector informed the Shamlins that they would have to obtain a building permit for the new fence. The applicants provided photos documenting the existence of the previous fence. Staffs opinion is the fence was a legally established nonconforming structure. ~ The exact date the original fence was removed could not be verified. In the Shamlin's application, they stated the fence was removed May 13, 1995. Staff does not doubt that date, however they have no means to document it either. Staffs best determination is that the fence in question was a legally established non-conforming structure that was in place prior to the City of La Porte/City of Lomax incorporation. Subsequently, the applicants applied for a building permit and were denied based on the noted facts. Staff felt the applicants acted in error simply by not being aware of Ordinance requirements. Staff made a recommendation to the Board to grant the appeal subject to conditions. A. PROPONENTS Acting Chairman Sidney Grant swore in David Shamlin. Mr. Shamlin stated he wasn't aware he was required to obtain a building permit for a fence. He simply wanted to make an improvement to his property by constructing a new fence. He showed the Board photographs of the old fence. He asked the Board to rule in favor of the appeal. B. OPPONENTS There were none. A motion was made by Jim Zoller to approve A95-003 with the following conditions: