08-19-2004 Regular Meeting, Public Hearing, and Workshop Meeting of the La Porte Planning and Zoning Commission

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• • s. Zoning Board of Adjustment August 26, 2004 ' #VO4-009 Page 2 of 2 In determining if granting the applicant's request would be contrary to the public. interest, Staff recognizes that the development of the property may not create a problem ' with aMjoining properties. - Adjoining. properties_ have similar use. In addition,'. a survey of surrounding. properties shows that. this proposed development is typical to the commercial entities especially to lodging industry. Coordination with. the La Porte Fire . Department showed no safety related issues. The ZBOA's final consideration is whether granting of this request, observes the spirit of the ordinance. The developer/owner of proposed hotel/motel has submitted letters from the City of Deer Park- and Chamber of Commerce' showing. strong support for the projects currently operated there. A letter from the Southtrust Bank shows credibility towards carrying out this proposed venture in La Porte.- The applicant's request is based solely on the current shape and location of the property. In addition, the developer is unable to take advantage of the driveway off State I-fighway.146, . The visibility and marketability factors play a major role in a -successful business,, Under._the__circumstanpM, compensatory measures should be -considered to7make'a;project economically;fea`sble_ Request W04-OM seeks a variance for the: applicant. to build a. 4. story hotel with required .parking; .spaces �aqd landscaping- exceeding. maximum height' of 45 feet. The 'building"heights usually exclude penthouses`. rilainirig mechanical equipment such as air conditioning or"elevafor' equipinerif and church':spires� water towers, radio,. and cellular antennas, etc. The parametersfor tlievvnhe shape and location orequ'ef the property and the .economic feasibility: issues involved - may . meet the provisions established by Section,106-192. Variances. While* recognizing::the.:-circuiristances associated with the property, the. Board could consider: :. _ • Allowing the project 4 stories with a height of 60 feet, exceeding the maximum height limit, (variance granted). • Should the Board deny the. variance, the maximum height limit of 45 feet shall = be observed. Atweils: As per Section 106-196 ofthe Code of Ordinances'of the City of I:a Porte: _-'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 a4rit 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 ofthe decision in the'office'ofthe Board of Adjustment: