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<br />Board of Adjustment <br />February 24, 2000 <br />#A 00-001 <br />Page 3 on <br /> <br />Conclusion: <br /> <br />Anneals: <br /> <br />c) The decision of the Board must be in the best interest of the community <br />and consistent with the spirit and interest of the city's zoning laws and <br />the comprehensive plan of the city. <br /> <br />Although the placement of the pool does not comply with current <br />setbacks, Staff believes the placement of the pool with the reduced <br />setbacks proposed by the applicant, would not conflict with the best <br />interest of the community and would be consistent with the spirit and <br />interest of the City's zoning laws and the comprehensive plan of the <br />city. <br /> <br />Based on the facts and considerations noted in this report, Staff feels the <br />Board may wish to consider granting the Appeal of the Building Official's <br />Decision #AOO-OOl. Although staff plans to submit changes to the Planning <br />and Zoning Commission and City Council, the time involved would delay <br />this project. If the Board chooses to grant #AOO-OOl, this action would allow <br />the applicant and owner to proceed with the construction of the pool at this <br />time. <br /> <br />As per Section 106-196 of the Code of Ordinances of the City of La Porte: <br />Any person or persons, jointly or severally, aggrieved by any decision of the <br />Board of Adjustment, or any taxpayer, or any officer, department, board or <br />bureau of the city may present to a court of record a petition for a writ of <br />certiorari, as provided by V.T.c.A., Local Government Code Section <br />211.011, duly verified, setting forth that such decision is illegal, in whole or <br />in part, specifying the grounds of the illegality. Such petition shall be <br />presented to the court within ten days after the filing of the decision in the <br />office of the Board of Adjustment. <br />