07-12-2001 Regular Meeing and Public Hearing

Browse Search

Board of Adjustment 01&/02 - #A 01-002 Page 3 of 3 b) That the resulting interpretation will not grant a special privilege to one property inconsistent with other properties or uses. similarly'situated.. Current regulations are written in a clear manner that enables individuals to understand City Council's . intent. This enables staff to provide the information to others and be consistent in the enforcement of this regulation. This consistency in the enforcement of the regulation ensures no "special privilege" to any one property. Flashing and moving lights have been denied on other sign permit applications. 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: Staff believes the moving lights on the two signs do conflict with the intent of the regulation and would not be in 'the best interest of the community or be consistent with the spirit and interest of the City's zoning laws and the comprehensive plan of the city. Conclusion: Based on the facts and considerations noted in this report, Staff feels the Board should deny granting the Appeal of the Building Official's Decision #A01-002. The denial of this appeal would ensure that a "special privilege" is not afforded to one property. Staff believes the appropriate avenue to address this matter would be for the applicant to approach members of the Planning and Zoning Commission and City Council.and.share his ideas for a proposed ordinance change to the sign regulations. A resulting ordinance change, if it was -determined that.the proposal had merit, would then benefit all residents of La Porte. 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.