05-23-1996 Regular Meeting - Laserfiche WebLink

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Page 4 of 8 Zoning Board of Adjustment Minutes of May 23, 1996 • written into Ordinance 1501. Several amendments were made at a later date that pertained to Galveston Bay. Provisions were made to allow side lot line fencing, however, the crossing fence or front lot line fence would not be permitted for purposes of bay access, visual appeal, and safety. Mr. Armstrong read the definition of a front yazd as "a yard extending along the whole of the front lot line between the side lot lines and being the minimum horizontal distance between the front lot line and the front of the principle building or any projections thereof, other .than stairs, unenclosed balconies, or unenclosed porches. In the case of the lots directly adjacent to the shoreline of Galveston Bay, the front yazd shall be the yazd extending along the whole of the lot line directly adjacent to the shoreline of Galveston Bay and along the horizontal distance between the front lot line and the front of the principle building or any projections thereof other than steps, unenclosed balconies, or unenclosed porches". A. PROPONENTS Chairman Bernay swore in John Cardenas, the applicant. Mr. Cazdenas explained how his two yeaz old daughter needed protection from the bay, and that is why he constructed the fence. He was not awaze he needed a permit to do so, however on the same day it was brought to his attention that he needed one, he visited City Hall where he was denied a building permit. At that point he filed for an Appeal. Mr. Cardenas does not agree with the City's interpretation of the Zoning Ordinance. He feels that he is in complete compliance with the Ordinance. Mr. Cardenas, on the dry erase boazd, illustrated for the Boazd his interpretation of several sections of the Ordinance that pertain to his Appeal. With respect to property values, Mr. Cazdenas believes the wooden fence has a more favorable impact on the value of the properties in the area than if he had built chain link fences all the way to the bay. With respect to special privilege, he does not feel he would be granted a special privilege because he.feels he is in compliance with the Ordinance. During a random search along Galveston Bay, Mr. Cardenas found eight homes with cross fences. He presented photographs of the fences to the Board and asked that they be included in the record. Mr. Cardenas noted that disallowing him to place the fence at its present location jeopazdizes the health, safety, and welfaze of young children. To comply with the Ordinance, Mr. Cazdenas offered to replace the wooden fence with a chain link fence.