08-26-1999 Regular Meeing and Public Hearing

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Board of Adjustment August 26,1999 #SE 99-003 Page 2 of 3 The Board must determine if this request is within the spirit of Section 105- 191(bx2)(a) of the Code of Ordinances of the City of La Porte. Anal is: The Code of Ordinances defines a special exception . as a specified enumerated deviation from zoning regulations. The Board is empowered to grant a special exception when it finds the following: ❖ Granting the exception will not adversely affect the value, or use of neighboring property. ❖ Granting the exception will not be contrary to the best public interest. Regarding this request, the relief being sought is covered by the terms of the Special Exception Section. ❖ Installation of a front yard fence across the front of Lots 4 and 5 with a front setback of five feet off the property line. Based on the existing fence location on the adjoining lots, staff believes the request is eligible to be considered for the exception. The following two issues should be considered: impact on neighboring property and the best public interest. The applicants do not feel their request will adversely impact the value, or use of neighboring property or be contrary to the best public interest based on the following reasons: These lots are only eighty foot in depth, which is less than many lots around town. The fence currently in place across Lot 5 encroaches 6.2' into the Y Street right-of-way. This encroachment would be eliminated with the installation of the new fence. Illegal dumping often occurs on Lots 4,5. They feel the fence would eliminate this problem. Based on the information provided in this report, the Board will decide if granting this special exception will adversely impact the adjacent properties or be contrary to the best public interest.