05-22-08 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment

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Board of Adjustment June 26, 2008 #SE 08-001 Page 2 of3 Analvsis : Conclusion: 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. The applicant's request is based on Section 106-191 (b )(2)( c), which states the following: . To deviate yard requirements in the following circumstances: a yard exception on corner lots. The applicant recognizes contributing factors played a role in this situation. The initial factor was the property survey's lack of reference regarding building setback requirements and subsequently, the developer did not contemplate the requirement for 10' side building lines on comer lots. The developer has stated that, there are number of structures built in the area having 5' side building lines and allowing an exception to the side set back would not create a visual obstacle for vehicular traffic or motorists. For similar reasoning and for neighborhood consistency, it does not violate the spirit of the ordinance. In addition, 35' front yard setback in lieu of25' shall allow to preserve existing trees and visual clearance to the motorists or turning vehicles. Based on the facts noted above, the Board is charged with deciding whether the applicant's request for a five-foot (5') comer lot yard exception is "reasonable" and that the granting of the special exception will not adversely affect the value and use of adjacent or neighboring property, or be contrary to the public's best interest. Since Staff s responsibility is to enforce applicable City codes and ordinances, we note that the applicant's proposal conflicts with zoning regulations. However, staff also recognizes the uniqueness and intent of the ordinance is to address sight visibility for vehicular traffic and to establish a safe setback from through traffic movement. Staff research shows that based on the speed limits and curve radii at the referenced intersection, the additional 10 feet of front setback for the proposed side lot setback request will result in no encumbrances to the sight triangle.