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<br />Page 3 of 3 <br />Zoning Board of Adjustment <br />Variance Request V92-004 <br /> <br />Regarding the specific conditions necessary for granting a variance, staff finds <br />the following: <br /> <br />I. Granting this variance would improve the quality of a service <br />used by a large number of La Porte, Bayshore area residents <br />and businesses. It should not, therefore, be contrary to the <br />public interest. <br /> <br />TI. While property topography and configuration is not at issue in <br />this request, strict enforcement of the Ordinance's building <br />height restrictions would cause a hardship. As noted earlier <br />both the location and height of the tower are based on <br />engineering requirements and not on convenience or the <br />applicant's financial considerations. <br /> <br />ill. As the Zoning Ordinance already grants height exceptions for <br />similar types of structures, this request does not appear to be <br />contrary to the spirit of the Zoning Ordinance. <br /> <br />Finally, as noted, the type of facility proposed is permitted in <br />General Commercial zones. The facility will comply with all <br />other applicable ordinance requirements such as setback, lot <br />coverage, landscaping, etc. <br /> <br />Conclusion: <br /> <br />This request satisfies ordinance prerequisites and is, therefore, eligible to be <br />considered for the requested variance. <br /> <br />Recommendation: <br /> <br />Based on the facts presented, staff recommends approval of Variance Request <br />V92-004 to allow construction of a radio/telephone tower not to exceed 155 <br />feet in height. <br /> <br />NOTE: <br /> <br />Any person or persons, jointly or severally, aggrieved by any decision of the Board of <br />Adjustment, or any taxpayer, or any officer, department, board, or bureau of the City of La <br />Porte may present to a court of record a petition for a writ of certiorari, as provided by <br />Vernon's Texas Codes Annotated, Local Government Code, Section 211.011, dulyl verified, <br />setting forth that such decision is illegal, in whole or in part, specifying the grounds of the <br />illegality. Such petition shall be presented to the court within ten (10) days after the filing <br />of the decision in the office of the Board of Adjustment. <br />