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<br />Board of Adjustment <br />May 24, 2007 <br />#SE07-003 <br />Page 3 of3 <br /> <br />Conclusion : <br /> <br />Appeals: <br /> <br />~ Section 106-191 (b) (2) (a), City's Code of ordinances states that a <br />special exception may be granted if "Any exception from the front <br />yard requirement where the actual front yard setback of any abutting <br />lot does not meet the front yard requirement." <br /> <br />The application merits review by the Board based upon the parameters set by <br />the Ordinance. <br /> <br />The Board may consider: <br /> <br />~ Granting the variance and allowing the fence to be constructed in the <br />front yard setback, reducing front yard setback from 20' to 10'. <br /> <br />~ Denying the variance thereby denying the construction of the front <br />yard fence. <br /> <br />As per Section 106-196 of the Code of Ordinances of the City of La Porte: <br />Any person or persons, jointly or severally, aggrieved by any decision of the <br />Board of Adjustment, or any taxpayer, or any officer, department, board or <br />bureau of the city may present to a court of record a petition for a writ of <br />certiorari, as provided by V.T.C.A., Local Government Code Section <br />211.011, duly verified, setting forth that such decision is illegal, in whole or <br />in part, specifying the grounds of the illegality. Such petition shall be <br />presented to the court within ten days after the filing of the decision in the <br />office of the Board of Adjustment. <br />