01-22-2004 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment

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Board of Adjustment April 22, 2004 Meeting #SE 04-005 Page 2 of 3 replatting makes the South a Street property line as a "rear" setback line, where fences are permitted as per ordinances. The property at 331 Highway 146 South "Boats Etc." received permission to enlarge an existing, non -conforming front yard fence from the City per NCS#02-001. The property in question has a public alley dividing this site into two separate properties. As an o Ion, the applicant could apply to close the alley fi and replat, making South 8 Street the rear property line where a fence can be erected. The standard front yard setback requirement in General Commercial zoning district is 20'. Since the application submittal did not include a site plan showing the location of a proposed fence, but includes a request for "specific" front yard deviation. It should be noted that if the applicant's request is granted, the ZBOA will be determining the deviated or "reduced" front yard setback they feel is appropriate. This exception is being requested under the terms of Section 106- 191(b)(2)(a) of the City's Code of Ordinances. •:• To deviate a front yard setback requirement where the actual front yard setback of any abutting lot does not meet the front yard requirement. 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. Regarding this request, the relief being sought is similar to the circumstance covered by the terms of the Special Exception Section. • Allow construction of a fence with a reduced or absolutely no front yard setback.