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

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Board of Adjustment June 25, 2009 #V09-002 Page 3 of4 Conclusion : . Allow concentration of livestock at the property which is less than 1 acre m area. In determining if granting the applicant's request would be contrary to the public interest, Staff recognizes that such development at the property may create a problem with adjoining properties. A survey of surrounding properties shows that this non-compliance with the ordinance is not 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 concentration of domestic livestock may not be healthy and beneficial to adjacent properties. The applicant wishes to keep the livestock intact for special treatment of her child; however, staff will be unable to issue a permit based on the conflict with the zoning regulations. In reviewing the specific grounds for granting a variance, however, staff points out that the condition, as it exists, "...is the result of the applicant or property owner's own actions. . ." contrary to the provisions of Section 1 06- 192. Staff finds no grounds to justifY".. . unnecessary hardship because of exceptional narrowness, shallowness, shape topography, or other extraordinary or exceptional physical situation unique to the property in question." But, mental health, mental retardation, and therapeutic needs of child may be considered in this regard. The Zoning Board of Adjustment's final consideration is whether granting this request observes the spirit of the ordinance. Based on the facts noted in this report, the applicant's request may not be contrary with the spirit of the ordinance. The application merits review by the Board based upon the parameters set by the Ordinance. The Board may consider: ~ Granting the variance and allowing certain numbers of chicken, turkeys, goats and other animals etc. with landscaped fence to the adjacent property to minimize the impact of domestic livestock. In addition, the variance is valid as long as the applicant occupies the premIses. ~ Denying the variance thereby disallowing to keep large number of animals/livestock at the property which is less than one acre.