08-26-2004 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment

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• • Zoning Board of Adjustment September 23, 2004 ~ . #V04-009 (Second Consideration) Page 2 of 3 caprice, and the hazdship 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. In determining if granting the applicant's request would be contrary to the public interest, Staff recognizes that the development of the property may not create a problem with adjoining properties. Adjoining properties have similaz use. In addition, a survey of surrounding properties shows that this proposed development is typical to the commercial entities especially to lodging industry. Coordination with the La Porte Fire Department showed no safety related issues. The ZBOA's final consideration is whether granting of this request, observes the spirit of the ordinance. The developer/owner of proposed hoteUmotel has submitted letters from the City of Deer Pazk and Chamber of Commerce showing strong support for the projects currently operated there. A letter from the Southtrust Bank shows credibility towazds carrying out this proposed venture in La Porte. The applicant's request is based solely on the current shape and location of the property. In addition, the developer is unable to take advantage of the driveway off State Highway 146. The visibility and mazketability factors play a major role in a successful business. Under the circumstances, compensatory measures should be considered to make a project economically feasible. During the last hearing, the size and visibility of the new hotel complex was an issue. By request and for your consideration, attached to this report are line-of-sight studies relating to traffic on highway 146 and the Best Western Motel in relation to the proposed site of the new hotel. Being set back from highway 146, the proposed hotel is at a disadvantage. Conclusion: Request #V04-009 seeks a variance for the applicant to build a 4 story hotel with required pazking spaces and landscaping exceeding maximum height of 45 feet. The building heights usually exclude penthouses containing mechanical equipment such as air conditioning or elevator equipment and church spires, water towers, radio, and cellulaz antennas, etc. The parameters for the requested variance, given the shape and location of the property and the economic feasibility issues involved may meet the provisions established by Section 106-192. Variances. While recognizing the circumstances associated with the property, the Boazd could consider: • Allowing the project 4 stories with a height of 60 feet, exceeding the maximum height limit, (variance granted).