04-18-1996 Public Hearing and Regular Meeting

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n TO: Zoning Board of Adjustment FROM: John and Debra Cazdenas Re: Supplemental Argument : Zoning Ordinances 114 Bay Colony/ Fence PermitApplication ~~~~~ ~-aa-g ~ BACKGROUND My wife, Debra, and I live on bay front property on Galveston Bay just south of the Houston Yacht Club. We have requested a permit to construct a decorative see-through wooden fence to enclose a portion of our yazd that fronts the bay. The purpose of the proposed fence is to provide a safe azea in which our two (2) yeaz old daughter, Emily, can play outdoors without the danger of wandering into and drowning in the bay. Additionally, the fence will also protect other small children, such as house guests and Emily's friends, who frequently visit our house. The safety of our daughter and other small children visiting our house is our number one concern and primary purpose for constructing the fence. ZONING ORDINANCES Section 1- 200 -Purpose This section of the Zoning Ordinance sets forth the purpose of the zoning ordinances and provides a basic guideline to which we should adhere in interpreting the various ordinances the City has adopted Section 1-200 states in pertinent part that: "The zoning regulations...as herein established have been made... for the purpose of promoting health, safety, morals, and the general welfare of the City of La Porte. They have been designed to... secure safety from fire, panic, and other dangers...They have been made to reasonable consideration..." Accordingly, we should bear in mind that the express purpose and intent of the ordinances is to make sure that the City in which we live is a safe place that protects us from as many dangers that is reasonably possible. To this end, we should apply and consider the intention of Section 1-200 in analyzing the subsequent zoning ordinances, including Section 10-502. Section 10-502 -General Fencing and Landscaping Requirements This section sets forth the allowable locations in which a fence may be constructed on a bay front lot as well as the type of materials which must be used With respect to the location of the fence the ordinance sets out the boundaries by defining the allowable side fence locations and by defining the prohibited cross fence location. To be specific, and with respect to side fences the ordinance states: "In the case of lots with a front yard directly adjacent to the shoreline of Galveston Bay, four feet (4') front yard fences are permitted parallel and adjacent to the side lot lines..." This section cleazly and unequivocally allows side fences on the lot line or in a location, for example, neaz the lot line and extending from the house the entire distance of the lot to the bay. In short, there is no prolnbition (except as to height) as to side fences.