02-22-1990 Public Hearing and Regular Meeting

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® • .: Page -2- The Board must find the following in order to grant an appeal. a. That there is a reasonable difference of interpretation as to the specific intent ~of the zoning regulations or zoning map, provided the interpretation of the enforcement officer is a reasonable presumption and the Zoning Ordinance is unreasonable. b. That the resulting interpretation will not grant a special privilege to one property inconsistent with other properties or uses similarly situated. c. The decision of the Board must be in the best interest of the community and consistent with the spirit and interest of the City's zoning laws and the Comprehensive Plan of the City of La Porte. Analys is Based on the definition of an alley as a "public way", staff made the proper decision in denying the requested permit. There is however, a question regarding Zoning Ordinance intent. It is the role of the Board to make a determinat,}'~on regarding Ordinance intent. t ou d be not th staf$,Ywill a the a 's decis on on •` is atter a a ge sh d silar sii tons arise the futur The question of intent centers on the present and intended use of the alley. The primary reason for requiring a 10 foot setback from a right-of-way is to insure adequate clearance between a building and vehicle traffic lanes. The Zoning Ordinance definition of an alley states that an alley which is at least 20 feet in width may be used for vehicular traffic. In the case of a 20 foot alley, it is clear that the 10 foot setback requirement would be both applicable and reasonable. The alley in question is not currently surfaced to be used for vehicular traffic. It is only 16 feet wide and therefore cannot in the future be developed for vehicle use. Based on this information, testimony from the applicant and concerned citizens, the Board must decide if the intent of the ordinance is to require setback adjacent to all alleys or only these which are or, can be, developed for vehicular traffic. ~ ~T