11-06-08 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment

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Board of Adjustment December 04, 2008 #SE 08-002 Page 2 Analvsis: · On November 15,2006, the La Porte Zoning Board of Adjustment met to consider another Special Exception (#SE06-006) requested by the applicant for the property located at 11318 North P Street. Again, the request was for an exception to the lot size (minimum one acre) and lot width (90 linear feet) for Large Lot District (LL). However, a motion to approve Special Exception #SE06-006 failed by a 3-2 vote (3 ayes, 2 nays). · The vote necessary for a decision of the Board of Adjustment is described as follows from Section 106-195 of the City's Code of Ordinances: The concurring vote of four members of the board of adjustment shall be necessary to reverse any order, requirement, decision, or determination of the enforcement officer or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter, or to effect any variance in this chapter. · The above referenced action has no impact on the Board's earlier decision on February 23, 2006, to allow a proposed subdivision and single-family residence with the provision that the subject property (1.86 ac.) is divided evenly, and each lot shall have a minimum of 94 foot frontage along the public roadway (North P Street). Issues involving subdivision of this property in regard to minimum lot size and minimum lot width are as follow: Section 106-416(a) - Minimum lot size is one acre (43560 sq. ft.). The total subject property is 1.86 acres. With the proposed subdivision, one lot would be approx. 1.36 acres and the other lot, with an existing house, will be 0.5 acres; creating a nonconforming lot. Section 1 06-416(b) - Minimum lot width is 90'. With the current proposal, the existing house has a lot width of approx.140'along North 'P' Street. The proposed lot would have a width of approx. 48' along North 'P' Street, creating a non-conformity. 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: a. that one or more lots located in the same block as the subject property are not uniform in terms of shape and/or size so that any further subdivision of the subject property cannot be in accordance with the regulations governing the District;