04-27-06 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment Minutes

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Board of Adjustment November 15,2006 #SE 06-006 Page 2 Analvsis: Non-Conformities: Sect. 106-261 is the beginning of the "nonconforming" section in the Zoning Ordinance and the opening paragraph provides guidance regarding the intent of these regulations. "The general public, the Planning and Zoning Commission and the Board of Adjustment are directed to take note that nonconformities in the use and development of land and buildings are to be avoided, or eliminated where now existing, wherever and whenever possible,". . .. Consequences of the proposed subdivision are as follows: Section 106-416(a) - Minimum lot size is one acre (43560 sq. ft.). The total subject property is 1.86 acres. With the proposed subdivision, one lot would be approx. 1.36 acres and the other lot, with an existing house, will be 0.5 acres; creating a nonconforming lot. Section 106-416(b) - Minimum lot width is 90'. With the current proposal, the existing house has a lot width of approx.140'along North 'P' Street. The proposed lot would have a width of approx. 48' along North 'P' Street, creating a non-conformity. 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: a. that one or more lots located in the same block as the subject property are not uniform in terms of shape and/or size so that any further subdivision of the subject property cannot be in accordance with the regulations governing the District; b. it can be demonstrated that the subdivision will not circumvent the spirit of the District regulations, or particularly, the rural character of the District; and, c. granting the Special Exception will not be injurious to the value or enjoyment of adjacent properties within the District. The applicant's request is based on Section 106-191 b (4) of the Code of Ordinances, which states the following: · To deviate from the minimum lot size or width requirements in the large lot district. The applicant cited personal reasons for this request. Provisions of Section 106-191 provide the flexibility/relief for development challenges. The parameters for the requested special exception may meet the provisions established by Section 106-191 of the Code of Ordinances.