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

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EXHIBIT "A" F ACTS RELEVANT TO TillS MATTER: Oakland Land & Development, LLC (Oakland) permitted and constructed a 4800 sq. ft. building located on six lots at the comer of A and 1 Th streets. The building was substantially complete in late 2008 and made available to the rental market at that time. Oakland entered into a rental contract with its current tenant effective January 1,2009. Certain aspects of the final completion were dictated by the needs of the tenant and the scope of their business activities. While Oakland constructed the building as a secure premises, some of the security issues regarding the fenced area were dictated by our tenant's needs. The fence located on the front side of the property is currently on the property line and extends from 123 South 1 JIb street to 11 I South I JIb street. Both properties are owned by Oakland and the location of the current fence affords our tenant maximum security for all of their equipment, while any other placement of this section of fence would result in equipment being left in an unsecured area TYPE OF RELIEF BEING SOUGHT: Oakland requests a special exception to the front setback rules which would require a 20' setback for the fence currently located at 123 South 17th street. We request that this short section of fence be allowed to remain in its current position on the property line between the two buildings owned by Oakland. THE GROUNDS FOR THE REQUEST: The current location of this fence is in no way a hindrance to the use of our own property and has absolutely no impact on the use of any property that may adjoin ours. The portion of fence in question is located between two buildings that we own and is on the opposite side of the Block from any other property owners. The present fence location will have no financial impact on any adjacent property owners nor will it fmancially affect any property owners in the general vicinity. Also, there are existing front yard setbacks on our Block that are not uniform with the requirements of the current zoning ordinance. There are numerous properties that have their fences located on or about the property line.