02-24-05 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment Minutes

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Board of Adjustment March 24, 2005 Meeting #SE 05-001 Page 2 of3 Analvsis: lines. The front addition of the building will be utilized for customer seating area. These proposed additions will be located within the current lots of record, the portions would be approximately 80' & 160' located in the rear property line adjacent to alley and 15th Street ROW respectively. The standard rear setback in a G.C. zone is 10'. This exception is being requested under the terms of Section 106- 191 (b)(1)(2) of the City's Code of Ordinances. .:. To reconstruct, enlarge or extend a building occupied by a nonconforming use on the lot or tract occupied by such building, provided that the reconstruction, extension, or enlargement does not prevent the return of the property to a conforming use. .:. A rear yard exception where the actual rear yard setback of any four or more lots in the same block does not meet the rear yard requirements. .:. A yard exception on comer lots. .:. To deviate a rear yard requirement based on similar pre-existing nonconformities within the same block. The attached site plan identifies some similar pre-existing nonconformities existing within the same block. Also, in the past, decisions have recognized the hardships of some properties in the area and relief has been granted. Staff believes this situation is within the spirit of Section 106-191 (b)(1 )(2) of the Code of Ordinances of the City of La Porte. 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 covered by the terms of the Special Exception Section.