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Board of Adjustment <br />August 26, 2004 Meeting <br />#SE 04-007 <br />Page 3 of 3 . <br />➢ Section 106-191- (b) (2) (a), City Code of ordinances states that a <br />special exception may be granted- if ."Any exception from the front <br />yard requirement where the actual front yard setback of any abutting <br />lot does not meet the front yard requirement." <br />➢ Section 106-191 (b) (2) d. states "An exception where the ' existing <br />front yard setbacks of the various lots in the same block are not <br />uniform, so that any one of the existing front yard setbacks shall, for <br />buildings: hereafter 'constructed - or .extended, be the required: <br />minimum front yard depth: <br />Conclusion:, <br />The application merits review by the Board based upon the parameters <br />set by the Ordinance. <br />The Board may consider: :. . <br />➢ Granting the variance and.. allowing the current fence to remain in <br />place. <br />➢ Denying 'the variance :.and requiring the existing fence to be <br />dismantled. ' <br />Appeals: <br />As per Section 106-196 of the Code of Ordinances of the City of LaPorte: <br />Any person or persons, jointly or severally, aggrieved by any decision of the <br />Board of Adjustment, or any taxpayer, or any officer, department, board or. <br />bureau of the city may present to a court of record a petition for a writ of . <br />certiorari, as provided by V.T.C.A., Local Government Code Section <br />211.011, duly verified, setting forth that such decision is illegal, in whole or <br />in ' part, . specifying the grounds of the illegality. Such petition shall be. <br />presented to the court within ten days after the filing of the decision. in the <br />office of the Board of Adjustment. <br />