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

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.. ;" . . Zoning Board of Adjustment May 27, 2004 #V04-003 ~age 2 of2 Conclusion: Appeals: ..... A survey of surrounding properties shows that this non-compliance with the ordinance is not typical to the commercial entities. " . The ZBOA's fmal cOIl$ideration is whether granting of this request, observes the spirit of the ordinance.. . The New Life Christian Fellowship installed the fence without notice or permit The applicants cite that the fence, in part, prevents the heavy truck traffic from damaging curbs, parking lots and landscaping caused by trucks using the parking lot as a turnaround. They also state that the. fence is painted the same color .as the .buildings, is non-obtrusive in the ROWs and will have.additionaJ landscaping added to the front. The . front yard fence is not typical of the surrounding establishments nor is it in a pre-existing status and, therefore is in violation of City ordinance. Request #V04-003 seeks a variance for the applicant to retain a 4' wrought iron fence installed within a front yard setback. . Safety is cited as a pnmary issue since the adjacent street conveys heavy truck 1ni:ffic. . The City received. a telephonic complaint about the fence and finds th8;t the Fellowship erected the fence without notice or permit. . The . parameters for the requested variance, .given the history of the property "and the safety issues involved may meet the provisions established by Section 106-192. Variances. While recognizing the circumstances associated with the property, the. Board could consider: . Allowing the existing fence, put in at the. owner's expense, to remain in place (variance granted). . Should the Board deny the variance, the fence. should be removed. It is noted that a gate across the driveway and proper landscaping could be put.in place of the fence to. serve a similar.purpose. As per Section 106-196 of the Code of Ordinances of the City of La Porte: .Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment, or spy 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 211.0~ 1, 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.