05-24-2001 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment

Browse Search

• • Board of Adjustment July 12, 2001 #SE 01-001 Page 3 Analysis: 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. De.n`/ 'm.o~'on ~- r~a.b c~ ~. ~ r ~-u bah ~~~~ ~eS J p en, ed-~ The Applicant's request is based on two specific sections of the ordinance. The first request is based on Section 106-191(b)(2)(b) which states the following: To deviate the rear yard requirement where the actual rear yard setback of any four or more lots in the same block does not meet the rear yard requirements of these regulations. Staff is not aware of other deviations on four or more lots within the same block and the applicant has not provided evidence to this e, f,~ect. Based on city regulations, the granting of such a yard requirement deviation should not be granted unless the basis for the exception is substantiated. e secon request is based on Section 106-191(3) which states the ~ - ~~-~~ ~ ~ ~'1N' ~l~ c.. (i4-!t.' ayes ) ~p~ces c~,~,1.~1~-~I~ e ~.ls~; P-e- ~q/LS e~n~d~~ following: To waive or reduce off-street parking requirements when the board finds the same are unnecessary for the proposed use of the building or structure for which the special exception request applies. The applicant's use of the building (teen discotheque or club) is unusual. Tlie applicant has requested the board consider one (1) space per 1,000 square foot of building instead of ten (10) spaces per 1,0000 square feet. This would mean the applicant would need to provide nine (9) spaces rather than fifty-six (56) s aces.