03-27-14 Zoning Board of Adjustment Meeting

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Zoning Board of Adjustment March 27, 2014 Page 2 of 3 Except as otherwise prohibited, the Board is empowered to authorize a variance from a requirement when the Board finds that all of the following conditions have been met: That the granting of the variance will not be contrary to the best public interest. 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. Analysis: Staff analyzed the surrounding area and based upon site inspections, the following considerations are noted: The subdivision in question was constructed many years prior to annexation into the City of La Porte in 1989. Because Harris County did not require front yard fence setbacks, several homes in the subdivision are constructed with fences on or about the front property lines. • The City is not aware of any restrictive covenants applicable to the subdivision that would otherwise require fence setbacks. • The department has verified the claim of the applicant that numerous homes within the subdivision have existing fences forward of the front yard setback lines, including adjacent units. It appears to be a common form of development circumstance within the subdivision. In determining if granting the applicant's request would be contrary to the public interest, Staff recognizes the family has issues related to previous criminal activity occurring in the vicinity of the property. It is also acknowledged that such activity when analyzed in connection with a special needs individual, results in a unique need for additional security. In viewing the specific grounds for granting a variance, however, staff points out that the condition, as it exists, "...is the result of the applicant or property owner's own actions..." contrary to the provisions of Section 106-192. However, staff finds no grounds to justify "...unnecessary hardship because of exceptional narrowness, shallowness, shape topography, or other extraordinary or exceptional physical situation unique to the property in