03-22-07 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment

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Board of Adjustment May 24, 2007 #SE07-003 Page 2 of3 Analvsis: . The property at 519 North Broadway has a chain link fence within the front yard setback. In addition, there is a pre-existing and non- conforming structure. . The property across the street at 630 North Broadway has several code violations and pending court cases for non-compliance with the applicable ordinances. . Security and safety of the businesses are at risk at this busy intersection (North Broadway @ Barbour's Cut Boulevard). The standard front yard setback requirement in General Commercial zoning district is 20'. Since the application submittal includes a site plan showing the location of a proposed fence, also includes a request for "specific" front yard deviation. It should be noted that if the applicant's request is granted, the ZBOA will be determining the deviated or "reduced" front yard setback they feel is appropriate. This exception is being requested under the terms of Section 106- 191 (b)(2)(a) 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. 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: .:. 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 covered by the terms of the Special Exception Section. · Allow construction of a fence with a reduced setback in the front yard. The issues to consider are impact on neighboring property and the best public interest. It does not appear that granting the requested special exception will adversely impact the adjacent or nearby properties where such exceptions already exist, nor does it appear that granting this exception would be contrary to the best public interest. 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 provide safety and security to a business recently moved to this area. In addition, it may prohibit any vandalism and loitering in the area. The intent is to provide conducive environment for the safe operation of the businesses in the area.