07-22-2004 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment

Browse Search

C 0 Zoning Board of Adjustment August 26, 2004 #VO4-007 Page 2 of 3 A.- 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, financial considerations or caprice, and the hardship must not result from the applicanfor property owner's own actions;. and. 4# . 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 recognizes that the development 'of the 'property may -create a problem with adjoining properties.., A survey of surrounding properties shows that this non-compliance with the ordinance is not typical- to the neighborhood. The room was built without city permit and stands in violation of city ordinance. In viewing the specific grounds for granting a variance, Staff points out that the condition, as it exists, was the "...result of the applicaht or property owner's own actions..." contrary to the provisions of Section 106-192.. Because of the existence of the easement, we also find, however, "...unnecessary hardship because of exceptional narrowness, shallowness, shape topography, or other extraordinary or exceptional physical situation unique to the property in question." The ZBONs final consideration is whether granting of this request, observes the spirit of the ordinance. Based on the facts noted in this report, the applicant's request would be contrary with the spirit of the ordinance in that while. the rear yard is impacted. by the utility easemeM the size and position of the room. was caused by previous or present owners. Conclusion: Variance Request #VO4-007 which seeks a variance for allowing an existing room to remain within. 3' of a utility easement contrary to Section 106-333 Table B. of the City of La Porte Code of ordinances.. While a utility. easement does impact the rear yard, the parameters for the requested variance do not, in.our opinion, appear to meet the provisions established by Section 106-192. Variances... .While recognizing the., circumstances. associated with' the property, the Board could. -consider: • Allowing the existing structure, put in at the owner's expense, to remain in place (variance Wanted). Directing the owner either remove the room addition or reduce the size of room addition to comply with the 3' setback rule (variance denied).