10-12-00 Zoning Board of Adjustments minutes

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Board of Adjustment 3/22/01 - #A 01-001 Page 2 on Analysis: In describing the action of appeal, the Code of Ordinances states: In exercising the powers set forth in Section 106-88, the Board of Adjustment may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or may modifY the order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the enforcement officer from whom the appeal is taken. The Board must find the following in order to grant an appeal. a) That there is a reasonable difference of interpretation as to the specific intent of the zoning regulations or zoning map, provided the interpretation of the enforcement officer is a reasonable presumption and the zoning ordinance is unreasonable. Current regulations may be unreasonable and/or ex,cessive based on the typical size of the lots in this subdivision. Staff did a telephone survey of the two cities referenced by the applicant (See Exhibit B) and found their regulations are less restrictive. The information will be utilized in evaluating whether current city's regulations should be reduced. b) That the resulting interpretation will not grant a special privilege to one property inconsistent with other properties or uses similarly situated. Should current regulations be changed, the proposed pool placement would comply with the revised setbacks being considered by the City of La Porte. c) The decision of the Board must be in the best interest of the community and consistent with the spirit and interest of the city's zoning laws and the comprehensive plan of the city. Although the placement of the pool does not comply with current setbacks, Staff believes the placement of the pool with the reduced setbacks proposed by the applicant would not conflict with the best interest of the community and would be consistent with the spirit and interest of the City's zoning laws and the comprehensive plan. of the city. At the October 12, 2000 meeting, the Board considered Appeal of the Enforcement Officer's Decision #AOO-003 which addressed a similar swimming pool situation. The Board was able to grant that appeal.