05-23-1996 Regular Meeting - Laserfiche WebLink

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_ Page 2 of 8 • Zoning Boazd of Adjustment. • Minutes of May 23, 1996 A. PROPONENTS Chairman Bernay swore in the applicant, Rudy Hikary. Mr. Hikary asked the Board to grant an additional 10 feet for drives to his property on Fairmont and 4th Streets. B. OPPONENTS There were none. A motion was made by Sidney Grant to grant Variance V96-001. The motion was seconded by Ruben Salinas. All were in favor and the motion passed. IV. CONSIDER APPEAL OF THE ENFORCEMENT OFFICER'S DECISION #A96- 003 TO DENY A BUILDING PERMIT FOR CONSTRUCTION OF A FRONT YARD FENCE TO BE LOCATED AT 114 BAY COLONY DRIVE. Mr. Rankin began staff's presentation for Appeal of the Enforcement Officer's Decision #A96-003 by showing a video of the fence/location of the fence in question. Mr. Rankin noted the fence was built without the applicant obtaining a permit for its construction. Ten (10) Public Notices were mailed to surrounding property owners. Two (2) replies were returned in favor of the Appeal and two (2) were returned against the Appeal. Nine (9) notices against the Appeal were received from local residents who were not on the Public Notice mailout list due to their distance from the location in question. Mr. Rankin noted that the Appeal was requested by John Cazdenas (owner), for the property located at 114 Bay Colony Drive. He informed the Board that the applicant started construction of a residential front yard fence, made of wood, without first obtaining a building permit from the City of I.a Porte. A complaint was filed with the City of La Porte, construction of the fence was halted by the building official, and Mr. Cardenas, thereafter, applied for a building permit for his fence. Upon inspection of the fence by staff, and application of the Zoning Ordinance to the situation, the applicant was denied a building permit for construction of a residential front yard fence directly adjacent to the shoreline of Galveston Bay. The permit was denied under the provisions of Sections 10-501 and 10-502, and the definition of "front yard" as contained within the City's Zoning Ordinance, which prohibits a fence within a front yazd adjacent to Galveston Bay and also limits construction materials of said fences to chain link. Staff's review of the request found that there is not a reasonable difference in interpretation of Zoning Ordinance Sections 10-501 or 10-502. In addition, Mr. Rankin noted that if Staff granted the applicant the fence, then the applicant would have a special privilege since the City of La Porte has permitted no other front yard fences directly adjacent to the shoreline of Galveston Bay or anywhere else in La