02-26-09 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment

Browse Search

Board of Adjustment April 23, 2009 Meeting #SE 09-001 Page 2 of3 Analvsis: Conclusion: .:. A rear yard exception where the actual rear yard setback of any four or more lots in the same block does not meet the rear yard requirements of these regulations. 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 fmds 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. Regarding this request, the relief being sought is similar to the circumstances outlined in the terms of the Special Exception Section. · Allow placement of a single-family dwelling with a reduced rear yard setback. There are other homes within the same block that do not comply with the required fifteen-foot (15') rear yard setback. According to the applicant, the home plan, when closest to the rear property line along Crescent Drive, will be setback just over five feet. In addition, this is the only remaining lot to be built in the same block. When considering this Special Exception request, it should be noted that the existing houses currently represent an "average setback" of the rear yard setbacks existing within the same block. The Board must consider whether decreasing the rear yard setbacks, as requested by the applicant, will adversely impact the adjacent properties or be contrary to the best public interest. In staff's opinion, it does not appear that granting the requested special exception will adversely impact the adjacent properties nor does it appear that granting this exception would be contrary to the best public interest. The application merits review by the Board based upon the parameters set by the Ordinance. The Board may consider: