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Zoning Board of Adjustment <br />March 27, 2003 <br />#V 03-001 <br />Page 3 <br />provide relief, their applicants are requesting a variance and providing a Reserve Fund in <br />lieu of the bond. <br />As the Planning and Zoning Commission reviews the zoning and development <br />ordinances, Staff will encourage the Commission to explore amendments to the bonding <br />requirements. In the interim, Staff recommends that the Board consider adding one or <br />more of the following as a condition(s) to the variance: <br />• Lower the dollar value of the bonding requirement; and/or <br />• Add a covenant that continues after the 40-year mortgage and Reserve Fund <br />ends. Upon receipt of the Reserve Funds, the applicant must establish a new <br />maintenance fund that continues with annual deposits for the life of the project. <br />Conclusion: The applicant offers an alternative to the bond/letter of credit requirement that is not <br />contrary to the general public and that meets the spirit of the ordinance. While he has not <br />demonstrated a "physical hardship", the City's bonding requirement does create an <br />"unnecessary hardship." Staff recommends that the Board grant the applicant's variance <br />request but only if one or all of the above conditions are added. <br />Appeals: Asper Section 10 -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 Board of <br />Adjustment, or any ftrpayer, or any officer, department, board or bureau of the city may <br />present to a court of record a petition for a writ of certiorari, as provided by Y. T. CA:, <br />Local Government Code Section 211.011, duly verified setting forth that such decision is <br />illegal, in whole or in part, specifidng 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 office of the <br />Board of Adjustment. <br />