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

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Board of Adjustment August 26, 2004 Meeting #SE 04-007 Page 2 of 3 • The project, while .appropriately zoned and permitted, is adjacent to. a . ' Day Care Center which has caused some concern among citizens. • The existing fence, in its entirety, serves to separate the Day. Care Center from the Sports Bar and Grill. • The fence does not pose a threat to the sight triangle of departing " motorists. . The standard front yard setback requirement in General Commercial zoning district is 201. It should be noted that if the applicant's request is granted, the ZBOA will be determining the deviated or "reduced" front yard setback. This exception is being requested under the terms , of Section 106- 191(b)(2)(a) of the City's Code of. Ordinances. ❖ . To deviate a front yard setback requirement where the actual front yard . setback of any abutting lot does not.meet the front yard requirement. An sis: The Code of Ordinances defines -a special exception as a specified enumerated deviation from zoning regulations. The Board is empowered to grant a special exception when it finds the following: •:� Granting the exception.will not adversely affect. the value, or. use of neighboring property. ❖ . Granting the exception will not be contrary to the best public interest. . Regarding this request, the relief being sought is similar to the circumstance. covered by the terns of the Special Exception Section. • - Allow construction of a fence with a reduced front yard setback. The issues to consider. are.. impact on neighboring property and the best public interest. In the opinion of the City Stay, it does not appear that granting the requested special exception wHI adversely impact the adjacent properties. where such exceptions already exist, nor does it appear that', granting this exception would be contrary to the best public interest : The fence will serve to isolate facilities with vastly different uses and serve to.: enhance the safety of patrons of both businesses.