02-22-1990 Public Hearing and Regular Meeting

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i u •L APPEAL OF THE ENFORCING OFFICERS DECISION A90-002 Requested For: Lts 1-10 & 21-30 of Blk 717; Town of La Porte which is further described as 116 North 16th Street. Zoning: General Commercial (G.C.) Requested By: Pfeiffer & Son Inc., represented by Lindsey Pfeiffer, President. Decision Under Appeal: Rejection of a building permit based upon failure to meet the 10 foot sideyard setback required by Zoning Ordinance Section 6-500, Table B, Footnote #3. Background: Pfeiffer & Son Inc., is a electrical contracting company with an office and shop complex located at 116 N. 16th Street. Mr. Pfeiffer, on April 24, 1990, made application for a building permit. The purpose of the permit is to allow a 10 foot by 46 foot addition to an existing storage building. Block 717 is a "T" block. The side of the proposed addition is to be located immediately adjacent to the "T" portion of the alley. Footnote #3 of Zoning Ordinance Section 6-500, Table B states: "All yards adjacent to a public right-of-way must be a minimum of ten (10) feet." Section 3-100 defines an alley as: A public way which when at least twenty feet (20') in width, may be used for vehicular service access to the back or side of properties otherwise abutting on a street or highway. Based on the definition of an alley as a public way and the lack of a 10 foot setback adjacent to the alley, the permit was denied. Mr. Pfeiffer is appealing the decision to deny. Section 11-609 sets the following guide line to be used by the Board when considering an appeal. In exercising the powers set forth in Section 11-603, the Board of Adjustment may, in conformity with the provisions of this Ordinance, reverse or affirm, wholly or partly, or may modify the. order, requirement, decision, or determination as ought to .be made, and to that end shall have all the powers. of the enforcement officer from whom the appeal is taken.