03-24-05 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment

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2 A variance is a "deviation from the literal provisions of the Zoning Ordinance." The City's Board of Adjustments may NOT grant a variance that does not meet all of the following conditions: 1) The variance must not be contrary to the public interest. 2) Literal enforcement of the Zoning Ordinance must result in a hardship. This hardship must be unique to the property in question. Property that is undevelopable due to its unusual shape, narrowness, shallowness, or topography constitutes the primary example of hardship. Hardships that are financial in nature or due to the owner's actions cannot be granted. 3) Granting the variance must not violate the spirit of the Zoning Ordinance. 4) No variance that allows a use that is prohibited within the Use zone in question may be granted. For example, a variance allowing a commercial use in a residential zone is not allowable. Please remember it is the Applicant's responsibility to prove that a variance will meet the above conditions. If there is not adequate room on the remainder of this form to list all pertinent information, please feel free to attach an additional letter or any information and exhibits you feel the Board should consider. FACTS RELEVANT TO THIS MATTER: The property is (and will be) a City of La Porte Park. The City owns the southern 2/3 of the property and is proceeding through the condemnation process, to acquire the northern 1/3 portion of the property. The historic Sylvan Beach Depot, located on the park, and the Centennial Statue, also located on the park, have experienced several acts of vandalism and other problems caused by lack of security provided by the existing chain link fence surrounding the Depot area of the park, and lack of security fencing around the Centennial. It is our intention, provided relief is granted by the Zoning Board of Adjustment, to remove the existing non-conforming chain link fence the entire block, and to replace and extend the fencing around the entire property, utilizing galvanized ornamental iron fencing to protect the property from future acts of theft and vandalism TYPE OF RELIEF BEING SOUGHT: The City is requesting a variance from the existing rules governing setbacks in order to place a new fence around the subject property that will provide security as well as an attractive addition to the park. THE GROUNDS FOR THE REQUESTS: This property is public property for the enjoyment of and use by, citizens of La Porte and visitors to La Porte. As a public park, the property (see attached site plan) does not fit in typical zoning of this area. The City has a responsibility to protect its property from vandals and thieves. An ornamental iron fence surrounding the property, with proper landscaping and other amenities, will enhance the attractiveness of the facility, while increasing its security and safety of patrons. S:\CPShare\INSPECTION DIVISION\Standard Forms\ZONING BOARD V ARIANCE.doc REVISION 10/21/03 RYC