04-18-1996 Public Hearing and Regular Meeting

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• • cause an unnecessazy hazdship because of the circumstances unique to the property .... " This section also chazges the Board to grant vaziances only .when it finds that all of the following conditions have been met. 1. ~ That the granting of the vaziance will not be contrary to the public interest. 2. -That literal enforcement of the Ordinance will result in unnecessary hazdship because of exceptional narrowness, shallowness, shape, topography or other extraordinary or exceptional physical situation unique to the specific piece of property in question. "Unnecessazy hardship" shall mean physical hazdship relating to the property ~ itself as distinguished from a hazdship relating to convenience, financial considerations or caprice, and the hazdship must not result from the applicant or property owner's own actions; and 3. That by granting the vaziance, -the spirit of the Ordinance will be observed. Conclusion: In regazds to Item 1, granting this vaziance would not be contrary to the public ~ interest. The literal enforcement of the ordinance would result in unnecessary hazdship for the applicant due to the physical situation of the property in question. Moreover, granting this vaziance protects the spirit of the ordinance while protecting public interest. - Anneals: 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 certiorazi, 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.