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 3 of 3 Conclusion: The issues to consider are impact on neighboring property and the best public interest. It does not appear that granting the requested special exception will adversely impact the adjacent properties where. such exceptions already exist, nor does it appear that granting this exception would be contrary to the best public interest. Although the circumstance noted in this special exception report is not unusual, staff feels that if the Board grants the Special Exception to the applicant, it be requested that: • Any relief granted should not conflict with the maintenance of public utilities located within the property; and • Approval by the conditional granting of a 10' utility easement to the City. • Ensure that the sight bearing fence does not create any visibility concern for the safety and welfare of the general public and the motorists. Appeals: As per Section 106-196 of the Code of Ordinances of the City of LaPorte: 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.