05-27-2004 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment

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• Zoning Board of Adjushnent June 24, 2004 #V04-006 Page 2 of 3 . caprice, and the hardship must not result from the applicant or property owner's own actions; and .. • That by granting the variance, the spirit of the chapter will be observed. A review of the site survey for the property shows the existence of the Oulf Pipeline easement in the rear yard of the lot. This easement comes within 9.5 feet of the residence and, therefore allows no room for the construction of an accessory building. The total square footage of the lot may easily accommodate an accessory building but given the unique character of the lot's dimensions of width verses depth, and the presence of the pipeline easement upon which no construction is permitted, an additional building may only be constructed in the side yard (north) .portion of the lot. As sited on the plan, the building, when constructed, would be set back 20' from the side lot line and from the residence thereby allowing for access by emergency vehicles. In addition, the applicant wants to construct a 30'x 40' building that is 200 S. F. over the limit allowed by the Ordinance. The applicant states that the additional size is required due to: • Hobbies include ~ metal fabrication and woodworking, large tools and equipment. • A 16' boat, motor and trailer as well as two utility trailers to store: • Two motorcycles and three vehicles to store. The ZBOA's final consideration~is whether granting of this request, observes the spirit of the ordinance. Conclusion: _ Variance Request #V04-006 seeks relief for the construction of an accessory building in the side yard of Lot.15 and for said building to bens excess of 1000 S.F., both parameters being contrary to the City Code- of Ordinances. The circumstance for the requested variance does, in our opinion, meet the provisions established by Section 106-192. (Variances) in that due to the "physical limitation" of the lot, both in the lack of depth and the presence of the pipeline easement, make the rear yard unusable for construction. While the reasons for the variance relating to the size of the building do not strictly conform to "physical hardship relating to the property itself' the building's intended use to store items,.vehicles and equipment that might otherwise be committed to open storage should to taken into consideration and deemed to be in the public's interest.