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

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• • Board of Adjustment July 12, 2001 #SE 01-001 Page 4 Conclusion: Based on the facts outlined in this report, staff believes the request for a rear yard exception should be denied since evidence supporting the eligibility was not provided. Also, it does not appear that granting the requested special exception under Section 106-191(2)(b)(2) would be in the interest of the public interest and could adversely impact the adjacent properties. In regards to the second portion of his request, staff feels the teen club use does vary from an adult club and may deserve some consideration by the board. However, we would recommend improving the parking lot to a dust- free, striped surface in consideration for a reduction of the off-street parking requirement. It does appear that the granting of the .requested special exception under Section 106-191(3) would not be contrary to the best public interest or adversely affect the value and use of adjacent or neighboring properties. Based on the facts and considerations noted in this report, staff suggests the Board consider only granting part of the applicant's request under Special Exception #SE01-001.- Staff suggests the following conditions be made as part of the approval of #SE01-001. • In exchange for a reduction of required off-street parking spaces the on site parking lot be improved to a dust-free, striped lot. • Identification of the Special Exception information (permit number, date of passage and any conditions) be noted on the minor development site plan that must be submitted to the city prior to approval and issuance of a building permit. Appeals: As per Section 106-196 of the Code of Ordinances of the City of La Porte: Any person or persons, jointly or severally, aggrieved. by any decision of the Board of Adjustment, or any taxpayer, or any officer, department, board or bureau of the city may present to a court of record a petition for a writ of certiorari, as provided by V.T.C.A., Local Government Code Section 211.011, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten days after the filing of the decision in the office of the Board of Adjustment.