05-28-09 Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment

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Board of Adjustment 6/25/09 - #V 09-003 Page 3 of3 Conclusion: Appeals: Variance Request #V09-003, which seeks a variance for a 3' setback of an accessory building (hangover/tin structure) on a large lot residential lot by allowing an existing, non- permitted structure to remain in place, is not contrary to the provisions of the Code of Ordinances. In addition, the parameters for the requested variance may appear to meet the provisions established by Section 106-192. While recognizing the circumstances associated with the property, the Board could consider: · Allowing the existing structure encroaching 3' into the setback line to remain in place (variance granted) with the stipulation that a City permit is obtained at double the normal fee as allowed by the building code for a non-permitted work. · Allowing the owner to remove the structure to clear 10' setback from the property line (variance denied). As per Section 106-196 of the Code of Ordinances of the City of La Porte: Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment, or any taxpayer, or any officer, department, board or bureau of the city may present to a court of record a petition for a writ of certiorari, as provided by V. T.C.A., Local Government Code Section 211.011, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten days after the filing of the decision in the office of the Board of Adjustment.