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<br />page 2 <br /> <br />Analysis: <br /> <br />Section 11-604 of the Zoning Ordinance states: "Appeals to <br />the Board of Adjustment may be taken by any person aggrieved <br />or... affected by any decision of the enforcement officer." <br /> <br />Paragraph 3 of the same section empowers the Board to grant <br />an appeal only if all three of the following criteria have been <br />satisfied. <br /> <br />a. That there is a reasonable difference of <br />interpretation as to the specific intent of <br />the zoning regulations or zoning map, <br />provided the interruption of the enforcement <br />officer is a reasonable presumption and the <br />zoning ordinance in unreasonable. <br /> <br />b. <br /> <br />That the resulting interpretation <br />grant a special privilege to one <br />inconsistent with other properties <br />similarly situated. <br /> <br />will not <br />property <br />or uses <br /> <br />c. The decision of the Board must be in the best <br />interest of the community and consistent with <br />the spirit and interest of the City's zoning <br />laws and the Comprehensive Plan of the City <br />of La Porte. <br /> <br />While the applicants cite safety as the major reason for <br />this appeal, it should be noted that public safety is not at <br />issue and is therefore not a primary concern in regards to this <br />case. Rather the focus should be on the ascertation that a <br />gravel driveway would provide a "relatively dust free" surface. <br /> <br />The Zoning Ordinance does not specify materials that mayor <br />may not be used for residential driveways and parking areas. It <br />simply states that any surfacing materials used must be suitable <br />to "control dust and drainage." It has been left to the <br />enforcing officer (Building Official) to determine what materials <br />satisfy ordinance requirements. <br /> <br />The materials, which in staff's opinion, satisfy this <br />requirement are concrete, asphalt or any type of ba~e material <br />that has been effectively coated with an asphaltic type of <br />sealer. Oyster shell, gravel, concrete washout and calcium <br />sulfate are not allowed as driveway or parking surfaces unless <br />they have been overlaid with a sealer. This is the standard that <br />has been applied since the 1987 adoption of Zoning Ordinance <br />1501. <br />