1985-09-16 Public Hearing and Special Meeting

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. - -9- j. The relationship of the proposed use to the ccmprehensive plan for that area. SECTION D. VARIANCE PROCEDURES (1) The Planning And Zoning Ccmnission of the City of La Porte, as appointed and established by City Council of the City of La Porte, shall hear and render judgIrent on request for variances frcm the requirem:mts of this Ordinance. (2) Said Planning and Zoning Corrmission shall hear and render judgment on an appeal only when it is alleged there is an error in any requirerrent, decision, or determination made by the Flood Zone Administrator in the enforcement or adminis- ration of the Ordinance. (3) Any person or persons aggrieved by the decision of the Planning and Zoning Coomission may appeal such decision in the courts of canpetent jurisdiction. (4) '!he Flood Plain Administrator shall maintain a record of all actions in- volving an appeal and shall report variances to the Federal Emergency Managerrent Agency upon request. (5) Variances may be issued for the reconstruction, rehabilitation or re- storation of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this Ordinance. (6) ~nerally, variances may be issued for new construction and substantial improverrents to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in Section C (2) of this Article have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases. (7) Upon consideration of the factors noted above and the intent of this Ordinance, the Planning and Zoning Corrmission of the City of La Porte may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this Ordinance (Article 1, Section C). (8) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (9) ~requisites for granting variances: a. Variances shall only be issued upon determination that the variance is the minimlUn necessary, considering the flood hazard, to afford relief. b. Variances shall only be issued upon: (i) (ii ) Showing a good, sufficient cause; A determination that failure to grant the variance would result in exceptional hardship to the applicant; A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extra- ordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or Ordinances. (iii) c. Any applicant to whcm a variance is granted shall be given written notice