03-23-06 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment Minutes

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Zoning Board of Adjustment April 27, 2006 #V 06-002 Page 2 of3 Analvsis: Section 1 06-1 92(b )( 1), in the Code of Ordinances, defmes a variance as a deviation from the literal provisions of the chapter which is granted by the Board when strict conformity to the chapter would cause an unnecessary hardship because of the circumstances unique to the property on which the variance is granted Except as otherwise prohibited, the board is empowered to authorize a variance from a requirement when the board finds that all of the following conditions have been met. .:. That the granting of the variance will not be contrary to the best public interest. .:. That literal enforcement of the chapter will result in unnecessary hardship because of exceptional narrowness, shallowness, shape, topography or other extraordinary or exceptional physical situation unique to the specific piece of property in question. "Unnecessary hardship" shall mean physical hardship relating to the property itself as distinguished from a hardship relating to convenience, financial considerations or caprice, and the hardship 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 The Board is charged with determining if the applicant's variance request to above sections of the ordinance is reasonable and whether all of the above conditions were met. To determine if granting the applicant's request would be contrary to the general public, it should be noted that the home and garage shall be consistent in design and that the development of the property may not create a problem with adjoining properties. Adjoining properties are also single-family residential. When looking at the next test, the variance may still observe the spirit of the law, if one considers the spirit is to ensure uniformity and property maintenance throughout the City. There is already some degree of property irregularities at various sites in this neighborhood; therefore, it does not appear that the applicant's request will create a negative impact to the property or the surrounding area. The final test is the most difficult and involves unnecessary hardship. Staff does not find the applicant's request meets the physical hardship test, as there is nothing unique about his property. Conclusion: Variance Request #V06-002 seeks relief for proposed two story detached garage. The circumstance, however, for the requested variance needs to be re-evaluated in that the request is not due to physical hardship imposed by the uniqueness of the property in question. In addition, the property needs to be replatted as one lot with one HCAD account to declare the accessory use in a side yard for the principal structure.