07-20-06 Regular Meeting and Public Hearing of the La Porte Planning and Zoning Commission

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F. No Waiver or Estoppel. No action or failure to act by the Board shall constitute a waiver or estoppel with respect to future action by the Board. G. Variances. The Board may authorize variances from compliance with any ofthe provisions of this Declaration, including restrictions upon height, size, floor area or placement of structures within set- back lines established by this Declaration, on a plat (or plats) of the Subject Property, parking requirements, or similar restrictions, when circumstances such as topography, natural obstructions, hardship, aesthetic or environmental considerations may require or when such variance would result in a more common beneficial and/or efficient use and not detract from the overall development plan for the Subject Property as determined by the Board. Such variances must be evidenced in writing and shall become effective when signed by a majority of the members of the Board. The granting of a variance in one instance shall not require the Board to grant a similar variance for another portion of the Subject Property. If any such variance is granted, no violation of the provisions of this Declaration shall be deemed to have occurred with respect to the matter for which the variance was granted; PROVIDED, HOWEVER, THAT THE GRANTING OF A VARIANCE SHALL NOT OPERATE TO WAIVE ANY OF THE PROVISIONS OF THIS DECLARATION FOR ANY PURPOSE EXCEPT AS TO THE PARTICULAR TRACT AND PARTICULAR PROVISION HEREOF COVERED BY THE VARIANCE, NOR SHALL THE GRANTING OF A VARIANCE AFFECT IN ANY WAY THE OWNER'S OBLIGATION TO COMPLY WITH ALL GOVERNMENTAL LAWS AND REGULATIONS AFFECTING THE PROPERTY CONCERNED, INCLUDING, BUT NOT LIMITED TO ZONING ORDINANCES OR REQUIREMENTS IMPOSED BY ANY GOVERNMENTAL AUTHORITY HAVING JURISDICTION. THE OWNERS ACKOWLEDGE THAT ONLY THE CITY SHALL BE AUTHORIZED TO GRANT VARIANCES AND SPECIAL EXCEPTIONS TO THE CITY ZONING ORDINANCE AND GOVERNMENTAL LAND USE RESTRICTIONS THROUGH THE ZONING BOARD OF ADJUSTMENT. THE BOARD AGREES TO INFORM THE CITY IN WRITING ("VARIANCE NOTICE") PRIOR TO THE GRANTING OF ANY VARIANCE REQUEST OF THE ISSUE UNDER CONSIDERATION AND THE PROPOSED ACTION BY THE BOARD SO THAT THE CITY CAN VERIFY THAT THE PROPOSED VARIANCE, IF GRANTED, WOULD NOT VIOLATE ANY ZONING ORDINANCES, LAND RESTRICTIONS OR REGULATIONS, INCLUDING, WITHOUT LIMITATION, THAT CERTAIN DEVELOPMENT AGREEMENT DATED ON OR ABOUT THE DATE HEREOF BETWEEN DEVELOPER AND THE CITY, AND JOINED IN BY THE OTHER OWNERS. If the City objects to the granting of the variance, the City shall notify the Board (through its representative designated in the Variance Notice) within ten (10) business days following the City's receipt of the Variance Notice. If the City fails or refuses to approve or disapprove the variance request within such ten (10) day period, the City will be deemed to approve such variance request. 3. CONSTRUCTION-RELATED RESTRICTIONS A. Exterior Materials. Each of the Improvements to be located on any portion of the Subject Property shall be constructed with exterior materials of brick, masonry, stone, marble, or permanently finished (in a manner approved in writing by the Board in their discretion) concrete and/or glass, or of an equivalent, permanent, architecturally-finished material to finished grade. All exterior finishes shall be approved by the Board. No Improvement shall be covered with aluminum, iron, steel or other metal surface or finish unless previously approved in writing by the Board. Sidewalks of a design and location approved by the Board shall be constructed along one side of the right-of-way of all dedicated public streets (except State Highway 146) abutting any property line. Any concrete block exterior surfaces shall be painted. All exterior tilt-up concrete walls must be painted unless constructed with decorative aggregate exterior designs. B. Building Set Backs. No building or structure or other facility of any nature shall be constructed or erected on a Tract between the adjoining street or roadway right-of-way line or adjoining side or rear property lines and the "Set Back Lines" (defined below) which shall run parallel to the Property as follows: H-Declaration of Protective Covenants and Easements.DOC 4