08-25-11 Zoning Board of Adjustment

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Zoning Board ofAdjustment Variance 411-93000007 Page 2 of 2 That literal enforcement of the chapter will result in unnecessary hardship because of exceptional narrowness, shallowness, shape, topography or other extraordinary or exceptional physical situation unique to the specific piece of property in question. "Unnecessary hardship" shall mean physical hardship relating to the property itself as distinguished from a hardship relating to convenience, financial considerations or caprice, and the hardship must not result from the applicant or property owner's own actions, and .*$ That by granting the variance, the spirit of the chapter will be observed. In determining if granting the applicant's request would be contrary to the public interest, Staff recognizes that the subject structure may not create any aesthetic and visual problems with adjoining properties. In reviewing the specific grounds for granting a variance, Staff points out that the condition, as it exists, was the "...result of the applicant or property owner's own actions..." contrary to the provisions of Section 106 -192. Staff does not find any 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." This lot represents a typical example of standard lot size within this neighborhood. The Board's final consideration is whether granting this request observes the spirit of the ordinance. Based on the facts, the applicant's request would be contrary with the spirit of the ordinance. Conclusion: Variance Request ##11- 93000007 to allow existing structure to encroach 1'I2' over the rear building setback line is contrary to the provisions established by the Code of Ordinances. In addition, the parameters for the requested variance do not appear to meet the provisions established by Section 106 -192. While recognizing the circumstances associated with the property, the Board may consider: 0 Allowing an existing structure to encroach 1'l2' into rear setback line (variance granted). Disallow an existing structure to encroach I Y2' into rear setback line (variance denied). Appeals As per Section 106 -196 of the Code of Ordinances of the City of La forte: Any person or persons, .jointly or severally, aggrieved by any decision of the Board of Adjustment, or any taxpayer-, or any officer, department, board or bureau of the city may present to a court of record a petition for a writ of certiorari, as provided by V.T.C.A., Local Govermnent Code Section 211..011, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten days after the filing of the decision in the office of the Board of A justment.