05-24-07 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment

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Board of Adjustment June 28, 2007 #SE07-004 Page 3 of3 Conclusion : Appeals: 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. In this case, it appears that the fence will serve to provide safety and security of the proposed parking lot for the employees and visitors of Process Products at 227 North 8th Street. ~ Section 106-191 (b) (2) (a), of the 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." The application merits review by the Board based upon the parameters set by the Ordinance. The Board may consider: ~ Granting the exception and allowing the fence to be constructed in the front yard setback. ~ Denying the variance thereby denying the construction of the front yard fence. As per Section 106-196 of the Code of Ordinances of the City of La Porte: Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment, or any taxpayer, or any officer, department, board or bureau of the city may present to a court of record a petition for a writ of certiorari, as provided by V.T.C.A., Local Government Code Section 211.011, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten days after the filing of the decision in the office of the Board of Adjustment.