11-18-09 Special Called Regular Meeting and Public Hearings of the La Porte Zoning Board of Adjustment

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Board of Adjustment January 27,2010 #SE 1 0-002 Page 2 of3 Analvsis: The application submittal includes a site plan showing the location of the proposed fence at 3' behind landscaping along North 8 Street. It should be noted that if the request is granted, the ZBOA will be determining the deviated or "reduced" front yard setback they feel is appropriate. This exception is being requested under the terms of Section 106-191(b) (2) (a) ofthe 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 construction of a fence within the front yard setback. When considering this Special Exception request, it should be noted that the existing buildings currently maintain a minimum front yard setback of20'. 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. The issues to consider are impact on neighboring property and the best public interest. It appears that granting the requested special exception will adversely impact on the adjacent buildings where such exception does not exist. Granting this exception may be contrary to the best public interest, however, the fence with a sliding door would serve to provide safety and security of the existing business, its employees and customers of the establishment at 502 & 512 North 8th Street. ~ 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."