02-23-06 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment Minutes

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Board of Adjustment March 23, 2006 #SE06-003 Page 2 of3 Analvsis: Tbis exception is being requested under the terms of Section 106- 191(b)(2)(a) and (d) 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 exception where the front yard setbacks of the various lots in the same block are not uniform. The Code of Ordinances defmes 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 coyered by the terms of the Special Exception Section. · Allow construction of a fence in a front yard setback. The issues to consider are impact on neighboring property and the best public interest. In this case, it appears that the fence will serve to proyide a uniform setback of adjacent properties and, as stated by the applicant, enhance the safety of his grandchildren to play along one of the main road in Spenwick Subdivision. ~ Section 106-191 (b) (2) (a), City Code of ordinances states that a special exception may be granted if "Any exception from the front yard requirement where the actual front yard setback of any abutting lot does not meet the front yard requirement." ~ Section 106-191 (b) (2) d. states "An exception where the existing front yard setbacks of the various lots in the same block are not uniform, so that anyone of the existing front yard setbacks shall, for buildings hereafter constructed or extended, be the required minimum front yard depth.