10-27-05 Regular Meeting of the La Porte Zoning Board of Adjustment Minutes

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Board of Adjustment 2/23/06 - #A 06-001 Page 3 of3 Conclusion: Appeals: c) The decision of the Board must be in the best interest of the community and consistent with the spirit and interest of the City's zoning laws and the Comprehensive Plan of the City. Staff believes the kennel (extension of the barn and dog run) would conflict with the intent of the regulation and would not be in the best interest of the community or be consistent with the spirit of the City's Zoning Ordinance. While the property owners have presented a lease that provides the needed setback, the kennel could be viewed as permanent while the lease is a temporary agreement. The general intent and purpose behind the Zoning Ordinance is to promote public health, safety, and welfare. The enforcement officer's decision in this case would be in the best interest of the community and would be consistent with the spirit and interest of the City's Zoning Laws and the Comprehensive Plan of the City. Based on the facts and considerations noted in this report, Staff feels the enforcement officer's decision was correct. If the Board chooses to grant #A06-001, this action would allow the applicants to proceed with the proposed addition as follows: · Dog run (kennel) will be located at 49' from the west side property line. As per Section 106-196 of the Code of Ordinances of the City of La Porte: Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment, or any taxpayer, or any officer, department, board or bureau of the city may present to a court of record a petition for a writ of certiorari, as provided by V.T.C.A., Local Government Code Section 211.011, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten days after the filing of the decision in the office of the Board of Adjustment.