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<br />the terms Variance V94-002, some landscaping was planted at the facility. It does not by itself, , <br />however, really satisfy the intent of the Zoning Ordinance to have BI developments maintain <br />"high performance standards". <br /> <br />Staff would recommend that as a condition of granting this appeal, the applicant be required to; <br />provide additional landscape screening. Exhibit C illustrates a recommended planting plan. <br /> <br />Conclusion: <br /> <br />· Staff's decision to deny the requested permit was proper and the only action that <br />could be taken based on ordinance requirements. <br /> <br />· As applied to this specific site, strict application of BI rear setback requirements <br />appears to be unreasonable. <br /> <br />· Granting this appeal would not convey any special privilege to this property. <br /> <br />· Granting this appeal would not violate the spirit or intent of the Zoning <br />Ordinance, or Comprehensive Plan. <br /> <br />Based on these considerations, staff recommends granting Appeal of the Enforcement Officer's <br />Decision #A96-001, subject to the following condition: <br /> <br />· Landscaping be installed as specified by Exhibit "C" to this report. <br /> <br />Appeals: <br /> <br />As per Section 11-610 of Zoning Ordinance 1501: <br /> <br />Any person or persons, jointly or severally, aggrieved by any decision of the Board of <br />Adjustment, or any taxpayer, or any officer, department, board, or bureau of the City <br />of La Porte may present to a court of record a petition for a writ of certiorari, as <br />provided by Vernon's Texas Codes Annotated, Local Government Code, Section <br />211. 0 11, duly verified, setting forth that such decision is illegal, in whole or in part, <br />specifying the grounds of the illegality. Such petition shall be presented to the court <br />within ten (10) days after the filing of the decision in the office of the Board of <br />Adjustment. <br />