10-27-09 Special Called Regular Meeting and Public Hearing of the La Porte Zoning Board of Adjustment

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Board of Adjustment November 18, 2009 #SE09-004 Page 2 of3 Analvsis: It should be noted that if the request is granted, the Board will be allowing the existing fence to remain on the property line or reducing a front yard setback, and ordering the applicant to move the fence at appropriate location. This exception is being requested under the terms of Section 106-191(b)(2) of the City's Code of Ordinances. .:. To deviate a front yard setback requirement where the actual front yard setback of any abutting lot does not meet the front yard requirement. 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: .:. 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 circumstance covered by the terms of the Special Exception Section. · Allow a fence to remain in place within the front yard setback. Staff has determined that several properties within the same block do not comply with the required twenty foot (20') front yard setback and that types of non-conformities are typical to this area. When considering this Special Exception request, it should be noted that the existing building currently maintains a minimum front yard setback of 20'. However, the erected fence does not meet current City ordinance. The Board must consider whether decreasing the front yard setback, 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. Section 106-191 (b) (2) (a), of the Code of Ordinances states that a special exception may be granted if "Any exception from the front yard requirement where the actual front yard setback of any abutting lot does not meet the front yard requirement."