03-27-2003 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment

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Mar 05 03 12:02p Mar 04 03 04:54p • p.3 p.3 lil y03-2003 HPI 110:36 9jl a A variance b a "deviution from the literal provisions of the Zoning Ordinance." The City's Board of Adjustments may NOT grant a variance ' that does not meet all of the following conditions: 1.) 7*110 variance mud not be contrary to the public interest. 2) Literal enforcement of the Zoning Ordinance must result in a hardship. This hardship must be unique to the property in question. Property that is undevelopable due to its unusual shape, narrowness, shallowness, or topography constitutes the primary example of hardship. Hardships that are financial in nature or due to the owner's actions cannot be granted. 3) Crsnting tho variance roust not violate the spirit of the Zoning Ordinance. 4) No variance that allows a use that is prohibited within the Use zone in question may be granted. For cNample, a variance allowing a commercial is not allowable. use in a residential zone Please remomber it is the Applicant's responsibility co prove that a variance will meet the above conditions. If there is not adequate room on the remainder of this force to list all pertinent information, plcasr feel free to attach an additional letter or any information and exhibits You feael the )hoard should consider. FACTS RELEVANT TO THIS MATTER: Undue hardship will result from requiring strict: compliance of. this ordnance. We plan to apply for a.F1UD 221(d) 4 loan through Davis Penn Mortgage Company for the planned 180 unit apartment -complex to bE:i)uilt on property at the corner of Fairmont and Luette. The requirements of the HUD 2.21(d) 4 loan will require that the owner mako a monthly payfaent to a reserve for replacement account which will be held by the Lender. The average amount: for a monthly deposit is Y250:00 pwr• unit per year. Strict annual proper y'inspec ions in3ure tl,al.-LIee project will be properly maintained ovFr the 40 term ' of the loan. See attached letter from Davis Penn Mort-.g,Ue Company.