11-10-16 (Cancelled) Special Meeting of the Zonining Board of Adjustment Meeting

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Board of Adjustment Meeting November 10, 2016 th 801 N. 16 St. Nonconforming Special Exception a. That one or more lots located in the same block as the subject property are not uniform in terms of shape and/or size so that any further subdivision of the subject property cannot be in accordance with the regulations governing the district; b. It can be demonstrated that the subdivision will not circumvent the spirit of the district regulations, or particularly, the rural character of the district; and, c. Granting the special exception will not be injurious to the value or enjoyment of adjacent properties within the district. (c) Hearings on applications for special exceptions. The board of adjustment shall fix a reasonable time for the hearing of all applications for special exceptions, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time as specified in section 106-194 (Notice of public hearings before the board of adjustments). Upon the hearing any party may appear in person or by agent or by attorney. Analysis: Section 106-191(b) indicates that a special exception request can only be approved if it will not adversely affect the value and use of adjacent or neighboring property or be contrary to the best public interest. In this case, the expansion of the existing slurry facilities will not have a major impact on the adjacent property owners. The existing production area on site is contained within open ponds. The applicant is proposing an expansion on site that will increase production. The proposed expansion, contrary to the existing facilities, will be fully contained within enclosed structures, protecting the adjacent properties from any potential impact regarding smell or noise. Staff concurs with the applicant that the proposed expansion on site will enable an existing business, currently thriving in the City of La Porte, to continue their operations on the site. The property is surrounded by other industrially zoned property and will not be out of character. Appeal Procedure: Sec. 106-196. - Appeals from the board of adjustment. 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 § 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. ATTACHMENTS Exhibit A: Application Exhibit B: Area map 3