06-28-07 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment

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Board of Adjustment July 26, 2007 V07-005 Page 3 of3 Conclusion: Appeals: The grounds for relief stated by the applicant are as follows: >- Unable to place the pool in the rear yard due to low overhead power lines and other utilities. >- Avoid removal of3-5, seventy plus year old oak trees in the back yard. The variance request submitted does meet the criteria since the property size, easements, and setbacks are typical for single-family residential and a unique circumstance to the property does exist with the location of the adjacent bayou within an unimproved right-of-way. Location of power lines and trees in the rear yard, as stated by the applicant, may be taken into consideration when rendering a decision. While recognizing the circumstances associated with the property, the Board may consider: . Allowing a proposed pool to be located in the front yard of the house, (variance granted). . Deny the variance for the pool to be located within the front yard. As per Section 106-196 ofthe Code of Ordinances of the City of La Porte: Any person or persons, jointly or severally, aggrieved by any decision ofthe 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, dilly 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.