03-23-17 Regular Meeting of the Zoning Board of Adjustment

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Board of Adjustment Meeting March 23, 2017 Variance Request #17-93000002 Sec. 106-791. Front yard areas. No fences, structures, grading, or barrier hedges shall be permitted within any front yard areas except in the case of large lot residential lots, or in the case of lots with a front yard directly adjacent to the shoreline of Galveston Bay, as provided in section 106-792. Analysis: the literal interpretation of the code approved by the Board subject to the fact that enforcement of the provisions of the code would cause an unnecessary hardship because of circumstances unique to the subject property. The Board is authorized to grant a variance when the Board finds that a number of criteria are m Criterion: Staff Finding: a. That the granting of the variance will not be The proposed fence location along the front contrary to the public interest property line would be contrary to the adjoining neighbors to the north and could pose an issue for visibility and continuity along S. Holmes St. b. That literal enforcement of this chapter will The enforcement of the regulations as adopted result in unnecessary hardship because of would not significantly deplete the usability of exceptional narrowness, shallowness, shape, the property in question. If the fence were topography or other extraordinary or placed, as required, twenty five (25) feet off the exceptional physical situation unique to the front property line, the applicant would still have specific piece of property in question. approximately .18 acres (7840 square feet) of "Unnecessary hardship" shall mean physical useable open space. 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. c. That by granting the variance, the spirit of this Granting of this variance would act more as a chapter will be observed. waiver of the required code. If the board feels that a variance should be granted for this request, staff suggests that a minimum distance from the property line be set as opposed to allowing the applicant to place the fence directly on the front property line. Notice of Public Hearing: Section 194 of the Zoning Ordinance stipulates the various requirements for public notice of the public hearing. This variance included all of the necessary code requirements for a public hearing including the following: