07-24-08 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment minutes

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Board of Adjustment August 28, 2008 #V08-005 Page 2 of3 Analysis: 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 coriformity 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 defines 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/relocation of a fence in the front yard setback. In determining if granting the applicant's request would be contrary to the public interest, Staff recognizes that the development of the fence at the property may not create a problem with adjoining properties. A survey of surrounding properties shows that this non-compliance with the ordinance is typical to the area. The issues to consider are impact on neighboring property and the best public interest. In this case, it appears that the fence will serve to provide a uniform setback of adjacent properties and should not be injurious to the public. The applicant wishes to keep the fence in place by obtaining a City building permit; however, staff is unable to issue a permit based on the conflict with the zoning regulations.