03-27-14 Zoning Board of Adjustment Meeting

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Zoning Board of Adjustment March 27, 2014 Page 3 of 3 In determining if granting the applicant's request would be contrary to the public interest, it is noted that the Planning Commission is in the process of completing a full scale review of the 106 Zoning Code. The subcommittee presenting its findings has drafted a proposal that among other things, recommends BI setbacks be made consistent with other LI and GC zone setbacks. While this proposal has not yet passed, it is part of the proposed recommendation. Staff does not otherwise contemplate any problem that this development would pose that could be deemed contrary to the public interest. 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 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." The small size of the platted blocks in light of the large setback requirements of a BI zone, contribute to the hardships to development of property in this area. Conclusion/Recommendation: The Zoning Board of Adjustment's final consideration is whether granting this request observes the spirit of the ordinance. Based on the facts noted in this report, the staff recommendation is to allow for an encroachment of 30 feet into the 50 foot front setback and an encroachment of 20 feet into the 30 foot side setback requirement in order to allow for construction of a proposed two-story office building. Staff believes the spirit of the ordinance remains intact because BI setbacks would most appropriately be applied in a master -planned business -industrial park setting. Appeals: As per Section 106-196 of the Code of Ordinances of the City of LaPorte: 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 Government 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 Adjustment.