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 3 Conclusion: b. it can be demonstrated that the subdivision will not circumvent the spirit of the District regulations, or particularly, the rural character of the District; and, c. granting the Special Exception will not be injurious to the value or e,?joyment of adjacent properties within the District. The applicant's request is based on Section 106-191 b (4) of the Code of Ordinances, which states the following: · To deviate from the minimum lot size and/or width requirements in the large lot district. The applicant cited personal reasons for this request, e.g. widow, family home, maintenance of large acreage etc. Provisions of Section 106-191 provide the flexibility/relief for development challenges of this nature. The parameters for the requested special exception may meet the provisions established by Section 106-191 of the Code of Ordinances. After review of Section 106-191 b (4), this Special Exception would not be contrary to the public's interest and will not adversely affect the value or use of adjacent properties. A minor subdivision of this nature would not resemble a typical conventional subdivision due to the fact that it forms only two lots; one with an existing house, other with an additional residence (proposed). The application merits review by the Board based upon the parameters set by the Ordinance. The Board may consider: ~ Approving Special Exception and allowing the subdivision of property as follows: a) lot with existing house to be 0.5 acre with 140' width, and b) lot for future home to be 1.36 acres with only 48' width. (Note: the property shall be replatted and plat to be approved by the City prior to issuance of building permit). ~ Denying Special Exception and allow the provision of Section 106- 416(a) (b) to remain in place.