04-22-2004 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment

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.. . . ; Staff Report May 27, 2004 Requested by: Requested for: Location: Zonine:: . Backe:round: . Analvsis: Variance Request #V04-003 Gregory L. -Holly (Property Owner), Deborah Johnson (Agent) . . . Harris County Appraisal District, TR 451A, La Porte Outlots, Harris County, Texas. 2104 Underwood ~oad (New Life Christian Fellowship) General Commercial (GC) The City of La Porte received a complain~ concerning a 4' wrought iron railing fence in the front yard of the New Life Christian Fe~lowship building. The church, subsequent to the City's inquiry, applied for a City permit on April 8, 2004. Permit was denied by the Building Official for being in violation of Section 106-797 '(2) City Code o( Ordinances~ Per Section'106-7.97 (2), "...and such fence shall not be erected within the required landscaped portion of any' yard or the front yard setback of any 'commercial or industrial establishme~t." This variance requests seeks to allow the current fence to. remain. in the front yard setback. . Section 1 06-192(b)(1), in the Code of Ordinances~ defines a variance as a deviation from the literal provisions of the chapter, which is granted by the' Board when strict conformity' to the 'chapter would cause an unnecessary hardship because of the circumstances unique to the property on which the variance is granted. . . Section 106-797 (2) prohibits fences in front yard setback. . . Except as otherwise prohibited, the board is empowered to authorize a variance from a , requirement when the board finds that all of the following conditions have been met; .:.: That the granting of the variance will not be contrary to the best public interest. .:. That literal enforcement of the chapter will result in unnecessary hardship because of exceptional narrowness, shalloWness, shape, topography or other extraordinary or exceptional physical situation unique to the specific piece of property in question. "Unnecessary hardship" shall mean physical hardship relating to the property itself as distinguished from a hardship relating to convenience, finandal considerations or caprice, and the hardship must not result from the applicant or property owner's own acti~ns; and . . . .:. That by granting the variance, the spirit of the chapter will be observed. . . .. In determining if granting the applicant's request would be contrary to the public interest, Staff recognize~ that the development of the property may create .a problem with adjoining properties.