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 27,20]0 #SE ] 0-00] Page 2 of3 Analvsis: 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. The applicant's request is based on Section 106-191 (b )(2)( c), which states the following: . To deviate yard requirements in the following circumstances: a yard exception on corner lots. The applicant recognizes contributing factors played a role in this situation. The initial factor was the property survey's lack of reference regarding building setback requirements and subsequently, the developer did not contemplate the requirement for 10' side building lines on comer lots. In addition, there are a number of structures built in the area having 5' side building lines that were granted special exceptions to the side yard setback of other lots. For similar reasoning and for consistency in the neighborhood, it may not violate the spirit of the ordinance. In addition, City's Code of Ordinances, Section 106-191 (b) (2) ( c) provides the flexibility/relief needed to address the challenge being faced on the comer lot development. Conclusion: The Board is charged with deciding whether the applicant's request for a five-foot (5') comer lot setback exception is "reasonable" and that granting the special exception will not adversely affect the value and use of adjacent or neighboring property, or be contrary to the public's best interest. Recommendation: Since Staff s responsibility is to enforce applicable City codes and ordinances, we note that the applicant's proposal conflicts with zoning regulations. However, we also recognize the uniqueness and intent of the ordinance is to address sight visibility for vehicular traffic. Oregon Avenue with a 60' right-of-way is a local street running north south between Forrest Avenue and E. Fairmont Parkway. Traffic is generally low as there is hardly any development to the north, south, and west of the said block. However, there are a few newly constructed houses to the east of the subject property across the street. Impact on the vehicular traffic should be minimal.