04-18-1996 Public Hearing and Regular Meeting

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• • to the bay. In short, there is no prohibition (except as to height) as to side fences. With respect to cross fences, the ordinance simply states the specific location where a cross fence is prohibited. The only reference in Section 10-502 as to cross fences states as follows: "However, said fences shall not be permitted on the front lot line directly adjacent to Galveston Bay..." The above cited portion of Section 10-502 clearly prohibits across-fence on the lot line that is directly adjacent to the bay. Conclusion• There is not a reasonable difference of interpretation as cited in Section 10-502, which clearly prohibits a cross fence on the lot line that is directly adjacent to Galveston Bay. The resulting interpretation will grant a special privilege to the property owner in question. The Planning and Zoning Commission and residents of La Porte, through extensive consideration, recommended that fences parallel to Galveston Bay were not in the best interest of the community. The proper channels to have this community standard removed would be a recommendation to the Planning and Zoning Commission for fences that parallel Galveston Bay. Appeals: As per Section 11-610 of Zoning Ordinance 1501: Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment, or any taxpayer, .or any officer, department, board, 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 Board of Adjustment.