04-24-08 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment

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Zoning Board of Adjustment May 22, 2008 #V08-003 Page 2 of3 Analvsis: Section 1 06-192(b )( 1), in the Code of Ordinances, defines a variance as a deviation from the literal provisions of the chapter, which is granted by the Board when strict conformity to the chapter would cause an unnecessary hardship because of the circumstances unique to the property on which the variance is granted. Section 106-1 defmes fence as ". . . the manmade structural barrier erected on or around a piece of property." Except as otherwise prohibited, the board is empowered to authorize a variance from a requirement when the board finds that all of the following conditions have been met: .:. That the granting of the variance will not be contrary to the best public interest. .:. That literal enforcement of the chapter will result in unnecessary hardship because of exceptional narrowness, shallowness, shape, topography or other extraordinary or exceptional physical situation unique to the specific piece of property in question. "Unnecessary hardship" shall mean physical hardship relating to the property itself as distinguished from a hardship relating to convenience, financial considerations or caprice, and the hardship must not result from the applicant or property owner's own actions; and .:. That by granting the variance, the spirit of the chapter will be observed. Regarding this request, the relief being sought to: . Allow construction of a fence at the property line within a front yard setback. In determining if granting the applicant's request would be contrary to the public interest, Staff recognizes that development of the fence at the property line may not create a problem with adjoining properties, as most of the public front of this property is along major public roads. In viewing the specific grounds for granting a variance, however, staff points out that the condition, as it exists, "...is the result of the applicant or property owner's own actions..." contrary to the provisions of Section 1 06-192. However, staff finds no grounds to justify "... unnecessary hardship because of exceptional narrowness, shallowness, shape topography, or other extraordinary or exceptional physical situation unique to the property in question." Security of the property and safe operation of the facility, however, may be considered in this regard. The Zoning Board of Adjustment's fmal consideration is whether granting this request observes the spirit of the ordinance. Based on the facts noted in this report, the applicant's request may not be contrary with the spirit of the ordinance, and may promote the health, safety and welfare of the general public.